Portrait of Dr Donal Casey

Dr Donal Casey

Lecturer in Law
Deputy Director of Learning & Teaching

About

Qualifications: BBLS, LLM, PGCHE, PhD,
Donal is a socio-legal scholar whose research examines transnational and non-state regulation. In particular, he is interested in how regulatory actors seek to legitimate their activities and how states and other actors govern through particular frameworks of risk. His research has been published in Regulation & Governance, European Law Journal, the Journal of Law and Society, the British Food Journal, and the Journal of Law and Social Policy.
Donal was a fellow of the Hague Institute for the Internationalisation of Law in connection with the project: Transnational Private Regulation: Constitutional Foundations and Governance Design. He has also held a visiting position at Osgoode Hall Law School (York University, Toronto) as a fellow of the Critical Research Law in Law and Society.
Between 2015 and 2017, Donal was a co-investigator in “The Bingo Project”. The project, funded by a large ESRC grant (ES/J02385X/1, A Full House: Developing A New Socio-Legal Theory of Global Gambling Regulation), explored bingo regulation around the world

Research interests

Regulatory governance, transnational regulation, non-state regulation, in particular questions of legitimacy, accountability and governing risk. 

Donal’s research is broadly concerned with regulatory governance. In particular, his research examines transnational and non-state regulation. Analytically, Donal’s research explores questions of legitimacy, accountability and the ways in which states and other actors govern through risk. His substantive areas of interest are food safety and gambling regulation. 

Teaching

Donal teaches undergraduates in the fields of Consumer and Public Law.

Publications

Article

  • Casey, D. (2018). Risk, Charity, and Boundary Disputes: The Liberalisation and Commercialisation of Online Bingo in the European Union. Journal of Law and Social Policy [Online] 30:36-56. Available at: https://digitalcommons.osgoode.yorku.ca/jlsp/vol30/iss1/3/.
    Land-based bingo has traditionally been perceived as a low-risk social form of gambling. The game is often run for purposes of charitable fundraising, and in many countries bingo is associated in good causes and community rather than risk or profit. These distinguishing characteristics have shaped bingo’s regulation in many jurisdictions. However, technological advances have changed the nature of the game as it moved online and challenged traditional approaches to regulation. In this paper, I document the evolution of online bingo regulation in order to explore what we can learn about the changing ways in which states govern speculative play through frameworks of risk. In so doing, I offer a new reading of the growing propensity of EU Member States to govern gambling through risk. I argue that the legalisation and liberalisation of online bingo is a form of enterprising governance, driven by liberalised markets and the erosion of national borders by technology.
  • Bedford, K., Casey, D. and Flynn, A. (2018). Keeping Chance in Its Place: The Socio-Legal Regulation of Gambling. Journal of Law and Social Policy [Online] 30:1-10. Available at: https://digitalcommons.osgoode.yorku.ca/jlsp/vol30/iss1/1/.
    In the winter of 2010, driving through a blizzard to a research interview outside of Ottawa, one of the co-editors of this special issue—Kate Bedford—slid and spun off the road in her rental car. The interviewee—an 80-year-old man who organized a small weekly bingo game—helped dig her out. Sitting in the community centre with him afterwards, thawing, there was ample opportunity for Bedford to reflect on the diverse meanings attached to gambling and the complex ways in which it is regulated. The interviewee talked about ‘use of proceeds’ forms and validating expenses payments for volunteers, describing a gambling landscape that seemed a long way from dominant law and policy conversations. While commentators on the global financial crisis were drawing repeated analogies to casinos and poker, the less glamourous world of small-town bingo seemed to have slipped from view. This special issue is, in part, an effort to bring it back.

    In 2013, inspired by research in Ontario, Bedford began work on a large, international research grant into gambling regulation. Rather than focusing on relatively well-researched forms of gambling, such as casinos, the project centred bingo as a distinctively under-studied gambling sector. The second co-editor, Donal Casey, joined the initiative in 2015, believing that online gambling could provide a crucial new lens for his research into European Union (“EU”) law and regulation. As part of the research project, Bedford, Casey, and others convened a conference at the University of Kent in 2016 on socio-legal approaches to gambling, where scholars from nine countries and a number of disciplines presented their research. The seven papers that we have collected in this special issue are drawn from that conference, including one from our third co-editor, Alexandra Flynn.

    In this Introduction to the collection, we lay out what these papers offer to the field of gambling research and beyond. To begin, we identify the scholarly approaches to gambling upon which we wish to build (Part I). Then, we specify three contributions we seek to make through our socio-legal endeavors. First, this collection seeks to foreground the diverse, vernacular forms and places of play that are sometimes overlooked in gambling scholarship (Part II). Second, the papers take a distinctive pluralist approach that recognizes the multi-layered character of gambling regulation (Part III). Third, and finally, the interdisciplinary and methodologically-diverse nature of this special issue allows the papers, alongside the contributions in the Voices and Perspectives section, to speak to a wide range of debates within and outside academia (Part IV).
  • Casey, D. and Lawless, J. (2011). The Parable of the Poisoned Pork: Network Governance and the 2008 Irish Pork Dioxin Contamination. Regulation and Governance [Online] 5:333-349. Available at: http://dx.doi.org/10.1111/j.1748-5991.2011.01113.x.
    The 2008 contamination of Irish pork with dioxins was one of the most significant recent food safety incidents in the European Union (EU). While the contamination posed no real risk to public health, it tested the efficacy of EU food safety regulation and governance which has been considerably overhauled in the past decade. The exchange of risk information through networks of regulators is an important element of the EU food safety risk management framework. Networks are a much-lauded form of new governance, though they are not without their problems. In this paper, we address the question of why governance networks can fail. We examine this issues using the case study of the 2008 Irish dioxin contamination and explore the reason for the failure to make more substantial use of networks in the governance of that incident. We hypothesize that the reason for such failure may be found in three inherent tensions which exist in the design and management of networks, namely flexibility/stability, inclusiveness/efficiency, and internal/external legitimacy. The paper concludes that by ensuring the external legitimacy of the EU's Rapid Alert System for Feed and Food (RASFF) through increased transparency of communications, the design of RASFF has stifled its internal legitimacy with regard to certain types of important information exchanges.
  • Casey, D. and Scott, C. (2011). The Crystallization of Regulatory Norms. Journal of Law and Society [Online] 38:76-95. Available at: http://dx.doi.org/10.1111/j.1467-6478.2011.00535.x.
  • Casey, D., Dobbs, M., Greene, A., Lawless, J. and Mulholland, N. (2011). Transforming Researchers into Educators: Some Reflections on the UCD School of Law Syllabus Design Workshop 2010. German Law Journal 12:1510-1528.
    The priority given to the development of research skills during doctrinal legal education often neglects the importance of equipping PhD students with the pedagogical skills necessary to fulfill their important educational role as academics. Thus, in many instances there is a significant gap in the requisite skill base that PhD students acquire when they complete their doctrinal education. This paper outlines a first step that has been taken to address this deficiency in postgraduate legal education in Ireland. The PhD community of the University College Dublin (UCD) School of Law convened an internal Syllabus Design Workshop in April 2010 in order to provide doctrinal students with an opportunity to design a university module and to explore the issues which arise in undertaking such an exercise. The first part of this paper outlines how the workshop was conceived and convened, and provides an account of the considerations that each student had to take into account in the design of a syllabus. From here, we address the content of the workshop and reflect upon some of the important issues which were raised. Finally, we
    offer a number of recommendations in relation to the development of doctrinal students as future educators.By highlighting the importance of uniting research and teaching, it is hoped that this paper will contribute to postgraduate legal education in Ireland, and also internationally.
  • Casey, D., Lawless, J. and Wall, P. (2010). A Tale of Two Crises: The Belgian and Irish Dioxin Contamination Incidents. British Food Journal [Online] 112:1077 -1091. Available at: http://dx.doi.org/10.1108/00070701011080212.
    Purpose – This paper aims to provide a focused overview of two dioxin incidents, with particular emphasis on regulatory successes and failures and their respective causes. The paper seeks to adopt a comparative approach to the case studies, with considerable use made of primary sources such as parliamentary debate, government reports and EC legislation.

    Design/methodology/approach – The paper is a review of the strengths and weaknesses in the management of the Belgian and Irish dioxin contanimation incidents.

    Findings – It is concluded that open, transparent and decisive risk management, based on robust risk assessment, is paramount in ensuring confidence in both the food supply chain and, in the feed and food safety regulatory process. It is also concluded that the 2008 Irish dioxin incident tested the reforms prompted by previous food scares.

    Practical implications – It is important that the lessons from these two incidents are learnt if they are not to be repeated in other jurisdictions.

    Originality/value – This is the first academic study of the 2008 Irish dioxin incident, one of the most significant recent food scares in the European Communities. The incident emphasises the vital role of open, transparent and decisive decision making in managing risk. In addition, through a comparative analysis of the Belgian and Irish incidents, the utility of the reforms prompted by previous food scares is demonstrated. In particular, the study highlights the important role played by the European Food Safety Authority in one of its first major tests as a risk assessor and risk communicator.
  • Casey, D. (2009). Disintegration: Environmental Protection and Article 81 EC. European Law Journal [Online] 15:362-381. Available at: http://dx.doi.org/10.1111/j.1468-0386.2009.00465.x.
    This article addresses the question of whether the modernisation and decentralisation of EC competition law will affect the integration of environmental protection requirements into the framework of Article 81 EC. First, the interface between competition policy and environmental protection at both the constitutional level and operational level is investigated. Following this, the Commission's assessment of environmental benefits under Article 81(3) EC prior to decentralisation and modernisation is explored. It is submitted that the Commission's expansion of its interpretation of the first two positive criteria of Article 81(3) EC allowed environmental objectives and competition goals to be balanced within the framework of Article 81 EC. Finally, this article examines the extent to which the decentralisation and modernisation of Community competition law may impede the integration of environmental protection into the definition and implementation of Article 81 EC.
  • Casey, D. (2007). Private Food Safety and Quality Standards and the WTO. University College Dublin Law Review 65:65-90.
    The recent rise in 'non-traditional patterns of global regulation'2 of
    food safety and quality begs the question as to whether private food
    standard schemes come within the ambit of the international trade law
    and, if not, how they may be regulated in order to prevent them becoming
    unjustifiable trade barriers. The key question according to Henson is,
    'whether private food safety and quality standards come within the
    framework of the rights and obligations laid down by the Agreement on
    the Application of Sanitary and Phytosanitary Measures (SPS)3 and/or the
    Agreement on Technical Barriers to Trade (TBT)4 or whether they might
    conceivably do so in the future?

Book section

  • Casey, D. (2018). The DNA of Bingo: Charity and Online Bingo. In: Egerer, M., Marionneau, V. and Nikkinen, J. eds. Gambling Policies in European Welfare States: Current Challenges and Future Prospects. Palgrave Mcmillan, pp. 153-171. Available at: https://doi.org/10.1007/978-3-319-90620-1_9.
  • Casey, D. (2017). Structuring private food governance: GLOBALGAP and the legitimating role of the state and rule intermediaries. In: Having, T. and Verbruggen, P. eds. Hybridization of Food Governance: Trends, Types and Results. Cheltenham: Edward Elgar.
  • Havinga, T., Casey, D. and van Waarden, F. (2015). Changing Regulatory Arrangements in Food Governance. In: Havinga, T., Casey, D. and van Waarden, F. eds. The Changing Landscape of Food Governance: Public and Private Encounters. Edward Elgar.

Edited book

  • Havinga, T., van Waarden, F. and Casey, D. eds. (2015). The Changing Landscapes of Food Governance: Public and Private Encounters. Edward Elgar.

Edited journal

  • Bedford, K., Casey, D. and Flynn, A. eds. (2018). Keeping Chance in Its Place: The Socio-Legal Regulation of Gambling. Journal of Law and Social Policy [Online] 30. Available at: https://digitalcommons.osgoode.yorku.ca/jlsp/vol30/iss1/1/.
    In the winter of 2010, driving through a blizzard to a research interview outside of Ottawa, one of the co-editors of this special issue—Kate Bedford—slid and spun off the road in her rental car. The interviewee—an 80-year-old man who organized a small weekly bingo game—helped dig her out. Sitting in the community centre with him afterwards, thawing, there was ample opportunity for Bedford to reflect on the diverse meanings attached to gambling and the complex ways in which it is regulated. The interviewee talked about ‘use of proceeds’ forms and validating expenses payments for volunteers, describing a gambling landscape that seemed a long way from dominant law and policy conversations. While commentators on the global financial crisis were drawing repeated analogies to casinos and poker, the less glamourous world of small-town bingo seemed to have slipped from view. This special issue is, in part, an effort to bring it back. In 2013, inspired by research in Ontario, Bedford began work on a large, international research grant into gambling regulation. Rather than focusing on relatively well-researched forms of gambling, such as casinos, the project centred bingo as a distinctively under-studied gambling sector. The second co-editor, Donal Casey, joined the initiative in 2015, believing that online gambling could provide a crucial new lens for his research into European Union (“EU”) law and regulation. As part of the research project, Bedford, Casey, and others convened a conference at the University of Kent in 2016 on socio-legal approaches to gambling, where scholars from nine countries and a number of disciplines presented their research. The seven papers that we have collected in this special issue are drawn from that conference, including one from our third co-editor, Alexandra Flynn. In this Introduction to the collection, we lay out what these papers offer to the field of gambling research and beyond. To begin, we identify the scholarly approaches to gambling upon which we wish to build (Part I). Then, we specify three contributions we seek to make through our socio-legal endeavors. First, this collection seeks to foreground the diverse, vernacular forms and places of play that are sometimes overlooked in gambling scholarship (Part II). Second, the papers take a distinctive pluralist approach that recognizes the multi-layered character of gambling regulation (Part III). Third, and finally, the interdisciplinary and methodologically-diverse nature of this special issue allows the papers, alongside the contributions in the Voices and Perspectives section, to speak to a wide range of debates within and outside academia (Part IV).

Internet publication

  • Bedford, K. and Casey, D. (2017). What the Bingo Project Means for UK Bingo Players: An Interview With Dr Kate Bedford and Dr Donal Casey [Internet]. Available at: https://onlinebingo.co.uk/news/the-bingo-project.

Research report (external)

  • Casey, D. (2017). Online Bingo in the European Union: Policy Brief. University of Kent.
  • Bedford, K., Alvarez-Macotela, O., Casey, D., Kurban Jobim, M. and Williams, T. (2016). The Bingo Project: Rethinking Gambling Regulation. [Online]. University of Kent. Available at: https://www.kent.ac.uk/thebingoproject/resources/Bingo_Project_report_final.pdf.

Review

  • Casey, D. (2011). Article 81 EC and Public Policy. European Law Journal [Online] 17:555-558. Available at: http://dx.doi.org/10.1111/j.1468-0386.2011.00565_3.x.

Forthcoming

  • Casey, D. and Lawless, J. (2020). The Regulation of Food Safety and Quality. In: Wall, P. G. ed. Veterinary Public Health and Food Safety. Wiley-Blackwell.
  • Casey, D. (2018). ‘Interactions, Iteration and Early Institutionalisation: Competing Lessons of GLOBALGAP’s Legitimation’. In: Transnational Business Governance Interactions: Enhancing Regulatory Capacity, Ratcheting up Standards and Empowering Marginalized Actors. Edward Elgar Publishing.
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