Dr Donna McNamara

Dr Donna McNamara

Lecturer

Newcastle Law School

Career Summary

Biography

Donna joined the University of Newcastle as a Lecturer in January 2020, having previously held the position as Assistant Professor in Law at Dublin City University. She holds a BCL in Law and Society (Dublin City University, 2013), a Masters in Health and Care Law (LLM) (University College Cork, 2014), and a PhD in Law (Dublin City University, 2018). She is currently teaching Evidence Law, Health Law and Child Law.

Donna specialises in international disability law and her research explores themes such as access to justice, legal capacity and non-discrimination. Her secondary research interests lie broadly in the areas of healthcare law and children’s rights, particularly the rights of children living in alternative forms of care. She has a keen interest in interdisciplinary research, and has presented her work at a number of international conferences and seminars.

Her first book, Disability, International Human Rights Law and the Criminal Justice System, is currently under contract with Routledge and will be released in 2021. This work draws upon Donna's PhD research, which examined the rights of persons with disabilities as suspects of crime in the criminal pre-trial process, with a particular focus on the role of the police in investigating criminal offences. 

In 2016, Donna was appointed International Research Fellow at the Burton Blatt Institute, Syracuse University, New York. She previously served as a research and policy adviser to a number of human rights organisations in Ireland, including Empowering Children in Care, the National Platform of Self-Advocates and the Central Remedial Clinic. 

Donna welcomes applications from prospective research students interested in the fields of human rights, health law and criminal justice.


Qualifications

  • Doctor of Philosophy, Dublin City University
  • LLM (Health and Care Law), University College Cork - Ireland

Keywords

  • Access to Justice
  • Children in Care
  • Children's Rights
  • Criminal Justice
  • Disability Law
  • Health Law
  • History of Mental Health
  • Human Rights
  • Involuntary Detention
  • Legal Capacity
  • Mental Health
  • Non-Discrimination
  • Policing

Languages

  • English (Mother)

Fields of Research

Code Description Percentage
480307 International humanitarian and human rights law 30
480501 Access to justice 50
480707 Welfare, insurance, disability and social security law 20

Professional Experience

UON Appointment

Title Organisation / Department
Lecturer University of Newcastle
Newcastle Law School
Australia

Academic appointment

Dates Title Organisation / Department
15/9/2018 - 15/9/2019 Assistant Professor Dublin City University
School of Law and Government
Ireland
24/9/2014 - 31/8/2018 PhD Researcher and Associate Lecturer Dublin City University
School of Law and Government
Ireland

Membership

Dates Title Organisation / Department
30/7/2016 - 30/9/2016 International Research Fellow Burton Blatt Institute
United States

Professional appointment

Dates Title Organisation / Department
1/2/2021 -  Higher Degree Research (PhD) Convenor Newcastle Law School, University of Newcastle, Australia
Newcastle Law School
Australia
13/1/2020 -  Assistant Research Director Newcastle Law School, University of Newcastle, Australia
Newcastle Law School
Australia
19/11/2015 - 18/11/2018 External Examiner Cork Institute of Technology
Ireland

Awards

Recipient

Year Award
2019 School of Humanities Research Funding
Dublin City University

Recognition

Year Award
2014 Highly Commended in the Law Category
The Global Undergraduate Awards

Scholarship

Year Award
2015 Dublin City University School of Law and Government Research Scholarship
Dublin City University
2014 University College Cork School of Law Postgraduate Scholarship
University College Cork

Teaching

Code Course Role Duration
LAWS6009 Evidence Law
College of Human and Social Futures | University of Newcastle
Lecturer 18/2/2020 - 17/7/2021
LAWS5013 Health Law
Faculty of Business & Law, The University of Newcastle
Course Coordinator and Lecturer 30/7/2020 - 18/12/2021
LAWS6130 Criminal Law and Procedure
College of Human and Social Futures | University of Newcastle
Lecturer 19/7/2021 - 10/12/2021
LAWS6090 Health Law
College of Human and Social Futures, University of Newcastle
Course Coordinator and Lecturer 3/8/2020 - 18/12/2021
LAWS6097 Competitive Mooting
College of Human and Social Futures | University of Newcastle
Course Coordinator 17/2/2020 - 17/7/2020
LAWS6096 Child Law
College of Human and Social Futures, University of Newcastle
Course Coordinator and Lecturer 3/8/2020 - 18/12/2020
LAWS5006 Child Law
Newcastle Law School, University of Newcastle, Australia
Course Coordinator and Lecturer 22/7/2020 - 13/11/2020
LAWS4004 Evidence
Newcastle Law School, University of Newcastle, Australia
Lecturer 18/2/2020 - 17/7/2021
LAWS2030 Criminal Law and Procedure
College of Human and Social Futures | University of Newcastle
Lecturer 19/7/2021 - 10/12/2021
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Publications

For publications that are currently unpublished or in-press, details are shown in italics.


Chapter (1 outputs)

Year Citation Altmetrics Link
2018 McNamara D, Hendrick C, 'Silenced, alone, powerless: My life as a Ward of Court in Ireland', Global Perspectives on Legal Capacity Reform: Our Voices, Our Stories, Routledge, London and New York (2018)

Journal article (12 outputs)

Year Citation Altmetrics Link
2021 McNamara D, 'Policing in the Age of the Asylum: Early Legislative Interventions in the Lives of Persons with Disabilities', Disability Studies Quarterly, 41 (2021)
DOI 10.18061/dsq.v41i2.6990
2021 O'Sullivan C, McNamara D, 'The Necessity' of Austerity and its Relationship with the UN Convention on the Rights of Persons with Disabilities: A Case Study of Ireland and the United Kingdom', Human Rights Law Review, 21 157-185 (2021) [C1]
DOI 10.1093/hrlr/ngaa051
2021 Duggan K, McNamara D, 'The Blurred Distinction Between Therapeutic and Non-therapeutic Medical Interventions for Intersex Children in Australia', Australian Journal of Human Rights, (2021)
DOI 10.1080/1323238X.2021.1996202
2021 McNamara DM, 'Building a Collaborative Approach to Policing in an Age of Disability Human Rights Law', Journal of Psychiatric and Mental Health Nursing, 28 107-114 (2021) [C1]
DOI 10.1111/jpm.12609
Citations Scopus - 2Web of Science - 2
2020 Sourdin T, Li B, McNamara DM, 'Court innovations and access to justice in times of crisis', Health Policy and Technology, 9 447-453 (2020) [C1]

Background: COVID-19 has disrupted not only the health sector but also justice systems. Courts around the world have had to respond quickly to the challenges presented by the pand... [more]

Background: COVID-19 has disrupted not only the health sector but also justice systems. Courts around the world have had to respond quickly to the challenges presented by the pandemic and the associated social distancing restrictions. This has created significant challenges for the justice system and such challenges are likely to be further compounded in the post-pandemic era as there is a ¿tsunami¿ of COVID-19-related disputes predicted. Methods: This study will examine how global court responses have transitioned from being primarily traditional, face-to-face proceedings to online court processes (as supported by internet technology). By adopting a comparative approach, we will analyse how some countries have adapted to this shift to online mode while also maintaining a focus on access to justice. Results: We argue that online modes of dispute resolution, often referred to as Online Dispute Resolution (ODR), can promote resolution while facilitating social distancing in this new COVID-era. The rapid shift from traditional court processes to an online mode has further assisted the public, lawyers and experts to access the justice system in some jurisdictions, even during the crisis. In light of the scale of recent changes, there have been concerns about the capacity of courts to adopt newer technologies as well as issues relating to the impact of a new online model of justice, particularly in terms of the barriers for more vulnerable members of society. Further, the use of disruptive technologies in some courts have posed questions around whether outcomes generated by these innovations reflect the meaning of ¿justice¿ in its traditional sense. Conclusions: This article argues that courts should embrace newer technologies that support court services while being mindful of possible tech-related issues that can impact on justice objectives. We argue that by placing further emphasis on alternative dispute resolution methods and ODR into the future, this might offset the likely tsunami of COVID-related litigation which would enable courts, hospitals, medical professionals and patients to settle disputes in a just, equitable and more efficient manner.

DOI 10.1016/j.hlpt.2020.08.020
Citations Scopus - 3Web of Science - 3
Co-authors Bin Li, Tania Sourdin
2020 Chen B, McNamara D, 'Disability Discrimination, Medical Rationing and COVID-19', Asian Bioethics Review, 12 511-518 (2020) [C1]
DOI 10.1007/s41649-020-00147-x
Citations Scopus - 9
2020 Hadley M, McNamara DM, 'Genetic Testing in Sport: Considerations for Young Athletes', Alternative Law Journal, 45 303-308 (2020) [C1]
DOI 10.1177/1037969X20956260
Co-authors Marie Hadley
2020 Maguire A, McNamara DM, 'Human rights and the post-pandemic return to classroom education in Australia', Alternative Law Journal, 45 202-208 (2020) [C1]
DOI 10.1177/1037969X20954292
Citations Scopus - 1
Co-authors Amy Maguire
2020 McNamara DM, 'Developing a Right of Aftercare for Young People Transitioning Out of State Care', Irish Journal of Family Law, 23 39-43 (2020) [C1]
2019 McNamara DM, 'The Insanity Defence, Indefinite Detention and the UN Convention on the Rights of Persons with Disabilities', Dublin University Law Journal, 40 143-175 (2019)
2018 McNamara D, 'Disability Rights and Policing: Why Irelands Ratification of the UN Convention on the Rights of Persons with Disabilities is Important for An Garda Síochána', Cork Online Law Review, (2018)
2016 McNamara DM, 'The Right of the Child to Be Heard: The Case for Child Participation in Foster Care Proceedings', Trinity College Law Review, 19 151-174 (2016)
Show 9 more journal articles

Review (1 outputs)

Year Citation Altmetrics Link
2021 McNamara D, 'Children and Young People in Asylum and Refugee Processes: Towards Best Practice, by Mary Crock, Kate Bones, Daniel Ghezelbash, Jemma Hollands and Mary Anne Kenny, The Federation Press, 2020', Australian Journal of Human Rights (2021)
DOI 10.1080/1323238X.2020.1862639

Conference (12 outputs)

Year Citation Altmetrics Link
2020 McNamara D, 'Interrogating the Barriers to Justice for Vulnerable Suspects During Police Interviews', Online, Australia (2020)
2019 McNamara D, 'Reforming the Pre-Trial Criminal Justice Process in Ireland: A Disability-Rights Approach', Galway, Ireland (2019)
2019 McNamara D, 'The Criminalisation of Persons with Disabilities: Historical and Socio-legal Perspectives', Galway, Ireland (2019)
2019 McNamara D, 'An Irish Solution? The Criminalisation of Persons with Disabilities in Ireland and the Role of the Police', Copenhagen, Denmark (2019)
2017 McNamara D, Hendrick C, 'Life as a Ward of Court in Ireland', NUI Galway, Ireland (2017)
2017 McNamara D, 'Suspects with Disabilities and Policing: Lessons from the U.S', Scotland (2017)
2017 McNamara D, 'Barriers to Justice for Suspects with Disabilities in Ireland', Cyprus (2017)
2017 McNamara D, 'What does the CRPD Mean for Policing?', Galway, Ireland (2017)
2016 McNamara D, Hendrick C, 'The Right to Legal Capacity and the Power to Make Personal Decisions', Galway Ireland (2016)
2016 McNamara D, 'The Right of the Child to be Heard: From Theory to Practice', Dublin Ireland (2016)
2015 McNamara D, 'The Detention of Mentally Disordered Offenders in Ireland: Evolution and Contemporary Challenges', Porto Portugal (2015)
2015 McNamara D, 'The Role of the Mental Health (Criminal Law) Review Board in Ireland', Belfast Northern Ireland (2015)
Show 9 more conferences

Other (13 outputs)

Year Citation Altmetrics Link
2020 Maguire A, McNamara D, 'Sending children back to school during coronavirus has human rights implications', (2020) [O1]
Co-authors Amy Maguire
2020 McNamara D, Maguire A, 'Sending children back to school during coronavirus has human rights implications', (2020) [O1]
2020 McNamara D, 'Interviewing Vulnerable Suspects in Ireland', Defending Vulnerability. Online (2020)
2020 McNamara D, 'Letter of Support for the National Platform of Self Advocates', . Online: National Platform of Self Advocates (2020)
2020 McNamara D, Cummings E, Farrugia A, 'Submission to the United Nations Committee on the Rights of the Child: in response to call for comments relating to Draft General Comment No. 25 (202x), on children s rights in relation to the digital environment', . Online: United Nations (2020)
2020 McNamara D, 'Interviewing Vulnerable Suspects in Ireland', Defending Vulnerability. Online (2020)
2019 McNamara D, 'Access to Housing', Blog Post: Online (2019)
2019 McNamara D, 'Ireland s Ratification of the CRPD: Where to from here?', Blog Post: Online (2019)
2019 McNamara D, 'What is Legal Capacity? An Examination of Decision-Making and Article 12', (2019) [O1]
2018 McNamara D, 'The Criminalisation of Persons with Disabilities in Ireland: The Role of the Police', (2018) [O1]
2017 McNamara D, 'Suspects with Disabilities and Policing: Lessons from the U.S', Blog Post: Online (2017)
2016 McNamara D, 'International Disability Rights Law: Irish Perspectives', (2016) [O1]
2016 McNamara D, 'Disability in the Criminal Justice System in Ireland', (2016) [O1]
Show 10 more others

Thesis / Dissertation (2 outputs)

Year Citation Altmetrics Link
2018 McNamara D, The Criminal Investigation of Suspects with Disabilities: The Impact of the UN Convention on the Rights of Persons with Disabilities, Dublin City University (2018)
2015 McNamara D, Child Participation in Irish Foster Care Proceedings: Assessing Ireland s Compliance with Article 12 UN Convention on the Rights of the Child, University College Cork (2015)
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Grants and Funding

Summary

Number of grants 9
Total funding $218,423

Click on a grant title below to expand the full details for that specific grant.


20211 grants / $1,260

CHSF Early Advice Scheme 2021$1,260

Funding body: College of Human and Social Futures | University of Newcastle

Funding body College of Human and Social Futures | University of Newcastle
Scheme CHSF - Early Advice Scheme
Role Lead
Funding Start 2021
Funding Finish 2021
GNo
Type Of Funding Internal
Category INTE
UON N

20203 grants / $10,140

The Right to Health for People with Disabilities and Chronic Illnesses$5,000

Funding body: Faculty of Business & Law, The University of Newcastle

Funding body Faculty of Business & Law, The University of Newcastle
Project Team

Dr Donna Marie McNamara

Scheme New Start Grant Scheme
Role Lead
Funding Start 2020
Funding Finish 2021
GNo
Type Of Funding Internal
Category INTE
UON N

Staff Conference Funding$3,500

Conference postponed due to COVID-19.

Funding body: Faculty of Business and Law, The University of Newcastle

Funding body Faculty of Business and Law, The University of Newcastle
Scheme Conference funding
Role Lead
Funding Start 2020
Funding Finish 2020
GNo
Type Of Funding Internal
Category INTE
UON N

Incidental Research Funding$1,640

Funding body: Faculty of Business and law, The University of Newcastle

Funding body Faculty of Business and law, The University of Newcastle
Project Team

Donna McNamara, Ryan Johnston

Scheme Incidental Funding
Role Lead
Funding Start 2020
Funding Finish 2020
GNo
Type Of Funding Internal
Category INTE
UON N

20191 grants / $1,334

Staff Conference Travel Fund$1,334

Funding body: School of Law and Government, Dublin City University

Funding body School of Law and Government, Dublin City University
Scheme Dublin City University
Role Lead
Funding Start 2019
Funding Finish 2019
GNo
Type Of Funding External
Category EXTE
UON N

20181 grants / $73,682

Legal design and innovation$73,682

Funding body: Sparke Helmore Lawyers

Funding body Sparke Helmore Lawyers
Project Team Professor Lisa Toohey, Ms Sara Rayment, Doctor Donna McNamara
Scheme Research Grant
Role Investigator
Funding Start 2018
Funding Finish 2020
GNo G1800928
Type Of Funding C3100 – Aust For Profit
Category 3100
UON Y

20171 grants / $834

Postgraduate Travel Scholarship$834

Funding body: Dublin City University

Funding body Dublin City University
Scheme Dublin City University Postgraduate Travel Fund
Role Lead
Funding Start 2017
Funding Finish 2017
GNo
Type Of Funding External
Category EXTE
UON N

20141 grants / $127,836

School of Law and Government Postgraduate Scholarship $127,836

Funding body: School of Law and Government, Dublin City University

Funding body School of Law and Government, Dublin City University
Scheme Dublin City University
Role Lead
Funding Start 2014
Funding Finish 2018
GNo
Type Of Funding External
Category EXTE
UON N

20131 grants / $3,337

School of Law Postgraduate Scholarship$3,337

Funding body: University College Cork

Funding body University College Cork
Scheme Postgraduate Research Scholarship
Role Lead
Funding Start 2013
Funding Finish 2014
GNo
Type Of Funding External
Category EXTE
UON N
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Research Supervision

Number of supervisions

Completed3
Current3

Current Supervision

Commenced Level of Study Research Title Program Supervisor Type
2021 PhD Alternative Dispute Resolution and the Best Interest of Claimants in Medical Negligence Matters in NSW PhD (Law), College of Human and Social Futures, The University of Newcastle Co-Supervisor
2020 PhD Navigating the Complexities of the Australian Family Law System from the Perspective of Carers PhD (Law), College of Human and Social Futures, The University of Newcastle Principal Supervisor
2020 PhD Regulation and Governance Relating to the use of AI Decision Making Tools in Healthcare in Australia: Finding the Middle Ground PhD (Medicine), College of Health, Medicine and Wellbeing, The University of Newcastle Co-Supervisor

Past Supervision

Year Level of Study Research Title Program Supervisor Type
2019 Honours Examining the Prevalence of Bias Towards Females Convicted of Serious Crimes in Sentencing Criminal Law, Dublin City University Principal Supervisor
2019 Masters Restorative Justice as a Response to the Criminal Justice Systems Failings in Addressing Sexual Violence Against Women Criminal Law, Dublin City University Principal Supervisor
2019 Honours The Case for Female Orientated Prison Policies Criminal Law, Dublin City University Principal Supervisor
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Research Collaborations

The map is a representation of a researchers co-authorship with collaborators across the globe. The map displays the number of publications against a country, where there is at least one co-author based in that country. Data is sourced from the University of Newcastle research publication management system (NURO) and may not fully represent the authors complete body of work.

Country Count of Publications
Australia 9
China 1
United Kingdom 1
Ireland 1
Macao 1
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Dr Donna McNamara

Position

Lecturer
Newcastle Law School
College of Human and Social Futures

Contact Details

Email donna.mcnamara10@newcastle.edu.au
Phone 02 40553341
Mobile 04 261 97156
Link Twitter

Office

Room NU Space, 5th Floor
Building NeW Space
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