Foundations of Law: (LA1023) 10 ECTSThis module introduces junior freshman students to the key features of the Irish legal system. It aims to analyse the Irish courts system, the principles of common law precedent and the issue of equal access to justice.
The module considers various other aspects of the legal system including the sources of law, statutory interpretation and the impact of Irish membership of the European Union.
Overall, it aims to attune students to the political, social and economic context of the Irish legal system, and to that end, particular emphasis is placed on current developments that may affect its operation 2011 by the President and Fellows of Harvard College working in different settings and issue areas, have in common? Administrative law refers generally to the laws and legal advice of these administrative lawyers will provide a helpful introduction to believes that, in this line of work, ―You get a significantly..
The module also seeks to equip students with the basic skills required for the study of law. It introduces students to legal research and reasoning and provides practical training in legal problem solving, essay writing and advocacy.
The module provides students with an opportunity for structured reflection on learning. It aims to orient students to third level education by heightening awareness of approaches to learning and fostering effective strategies for the study of law.
Learning Outcomes: By the end of this module, students should be able to: Identify and analyse the various sources of law in the Irish system and the relationship between them;Display an understanding of the common law nature of the Irish legal system;Demonstrate knowledge of the Irish courts system, including the structure and jurisdiction of the courts, the basic rules of trial procedure and evidence and the significance of recent reforms; Critically analyse the doctrine of stare decisis and the system of judicial precedent; Explain the status and significance of European Union law, the European Convention on Human Rights and international law in the Irish legal system. Engage in effective legal research both in the Library and online;Explain and apply the steps involved in the reading and interpretation of judicial decisions;Articulate and critically analyse different perspectives on legal reasoning;Demonstrate the effective use of practical techniques for solving legal problems;Apply basic legal writing skills when completing assignments such as essays and in-class tests;Offer basic reflections on the concept of learning in third level education;Articulate practical, effective approaches to the study of law.
Teaching: 2 hours of lectures and 1 hour of seminars per week in the 1st Semester. Module Lecturers: Prof Hilary Biehler & Dr Oran Doyle Available: All JF StudentsTorts: (LA1015) 10 ECTSThis is a standard course designed to provide Freshman students with an introduction to the law of torts.
Topics covered include the major torts such as negligence, defamation and nuisance, but also issues such as defences, limitation periods and the interaction between the law of torts and the Constitution. Learning Outcomes:Identify and analyse the key principles underlying the law of tort;Use appropriate legal concepts, relevant judicial precedents and statutory law to solve concrete practical problems;Explain how tort law seeks to give effect to social policies as well as address issues of personal responsibility;Differentiate between liability for intentional wrongs, negligence and strict liability;Discuss the principles of compensation and their practical application in specific contexts.
Teaching: 3 hours of lectures per week and 4 hours of seminars in the 1st Semester. Assessment: Examination (1 x 2 hour paper) - 75% Essay - (3,000 words) - 25%Lecturer: Dr.
Desmond Ryan BLErasmus/Visiting Students: Places are limited. Priority will be given to students studying law in their home university and attending Trinity on a law exchange programme.
Auditing this module is only possible subject to availability of spaces. Available: JF Law, Law and Business, Law and Political Science, SF Law and French and Law and GermanContract Law: (LA1204) 10 ECTSContract is one of the core subjects of the common law of obligations.
It involves analysis of the legal principles behind the rules relating to the formulation of contracts and the circumstances in which they will not come into existence or in which they cease to be effective. Learning Outcomes:Having successfully completed this module, students should be able to:Engage in sophisticated, creative and critical discussion of common law concepts, both orally and in writing,Analyse and apply the substantive principles of the law of contract,Appreciate and explain the role of the law of contract in society,Identify contractual issues in disputes, and advise accordingly, andInterpret and draft key contractual provisionsTeaching: 3 hours of lectures per week and 4 hours of seminars in the 2nd Semester.
Assessment: Essay (2,500 words) - 20% Examination - 80%Lecturer: Dr. Eoin O’DellErasmus/Visiting Students: Places are limited. Priority will be given to students studying law in their home university and attending Trinity on a law exchange programme.
Auditing this module is only possible subject to availability of spaces. Constitutional Law I: (LA1016) 10 ECTSConstitutional law I introduces students to the study of constitutional law and theory, addressing a number of key doctrines and significant points of debate. The first part of the module addresses a number of constitutional rights, including rights relating to the criminal trial, property and unenumerated rights.
The second part of the module addresses the separation of powers under the Irish Constitution, focusing on the limits of and interaction between the legislative, judicial and executive powers of government. The third part of the module addresses the overarching issues of constitutional litigation and constitutional interpretation.
Learning Outcomes:Map the basic structure of government in Ireland;Identify, evaluate and critique the role of constitutional law in ensuring respect for human rights and democratic governance;Apply constitutional law concepts and doctrines for the purpose of solving concrete practical problems;Identify the role which judicial interpretation plays in the development of constitutional law;Critically analyse the case law interpreting Articles 38, 40 and 43 of the Constitution, articulating a coherent position on the ways in which constitutional law should develop in the future;Apply critical analysis and problem-solving skills and techniques to different essay and problem-based questions on the implications of the above constitutional provisions;Write convincingly on basic issues in the development of Irish constitutional law, grounding analysis in the constitutional text and decided case. Teaching: 3 hours of lectures per week and 4 hours of seminars in the 1st Semester.
Assessment: Written Assignment - 20%, Discussion Board - 5% Examination - 75% (1 x 2 hour paper)Lecturer: Dr. David KennyErasmus/Visiting Students: Places are limited.
Priority will be given to students studying law in their home university and attending Trinity on a law exchange programme. Auditing this module is only possible subject to availability of spaces.
Available: JF Law, Law and French and Law and German, SF Law and Business, Law and Political Science Criminal Law: (LA1203) 10 ECTSThis module is about criminal liability; it is concerned with whether certain acts and conduct performed by a person amounts to that person being guilty of a particular crime. The module accordingly deals with the definitions of criminal offences and defences.
Offences are broken down into physical elements (precisely what acts, in terms consequences and conduct, are prohibited?) and mental elements (what intentions must be present in the person’s mind at the time of their act in order for them to be guilty?). The module is also concerned with general principles that apply across the board to questions of criminal liability such as the question of what it means to cause something to happen.
The basic aspects of the court-based process by which a person can be found to be guilty of a crime and punished are also looked at. Learning Outcomes: Identify and critically analyse the basic principles of criminal liability and substantive criminal law;Appraise and evaluate general rules relating to individual governing criminal defences;Appraise and evaluate specific principles relating to particular categories of offences;Appraise and evaluate rules and principles regulating different modes of criminal liability;Apply critical analysis and problem-solving skills and techniques substantive criminal law knowledge to different essay and problem-based criminal law questionsTeaching: 3 hours of lectures per week and 4 seminars in the 2nd Semester.
Assessment: Essay (1,500 words) – 25%; Examination – 75%Lecturer: Prof. Ivana BacikErasmus/Visiting Students: Places are limited.
Priority will be given to students studying law in their home university and attending Trinity on a law exchange programme. Auditing this module is only possible subject to availability of spaces.
Available: JF Law, Law and French and Law and German, SF Law and Business, Law and Political Science Legislation and Regulation: (LA1231) 10 ECTSThis introductory course is designed to give students an insight into the way in which the legal system operates, focusing on elements which either do not directly relate to other legal disciplines, or belong to a legal discipline that students may not encounter for some time. We focus, chiefly, on two things: first, the laws we pass, and secondly the administrative and regulatory agencies that those laws set up.
We look at legislation: what it is; how it is made, administer, interpreted, and enforced. In the regulation part of the course, we look at the reality of day-to-day governance, which is not done by elected officials, but by the administrative agents who administer the laws such officials pass. We look at why the regulatory state has thrived and expanded; at how regulatory systems are set up and run; at how they can be made transparent and accountable while still being strong and independent from government.
Through this, we hope to teach you to understand the functions and legal structure of contemporary government. This knowledge will serve you well throughout your legal education and your careers.
Administrative Law: (LA1233)/(LA3480) 10 ECTSThis module examines public administration and the role of judicial review of administrative action. The module addresses the position of the administration in separation of powers.
The bulk of the module is concerned with the control of administrative action through judicial review. It will consider in depth the reach of judicial review and in particular, the main grounds of judicial review.
The module will also address judicial review procedures and remedies. Throughout this module, comparisons will be made between the English and Irish case law.
Learning OutcomesAdministrative law in Ireland is primarily judge-made. It is a public law subject and is often concerned with issues that are politically contentious and raise separation of powers concerns.
Students will need to develop the ability to navigate the complex tapestry of public law principles that have developed in Irish administrative law jurisprudence. Describe and assess the rationale for judicial supervision of administrative action.
Discuss the substantive case law in a manner that incorporates the principles and theory of administrative law. Classify and compare the grounds for judicial review.
Synthesise and evaluate case law on each of the main grounds of review. Apply the relevant principles and predict legal outcomes in factual situationsTeaching: 3 hours of lectures per week and 4 hours of seminars in the 1st Semester.
Assessment: Essay (3,000 words) - 50%; Examination (1 hour paper) - 50%Lecturers: Prof Hilary Biehler/ Dr Students will need to develop the ability to navigate the complex tapestry of public law principles that have developed in Irish administrative law jurisprudence..
Ls4557: administrative law (honours) - catalogue of courses
Priority will be given to students studying law in their home university and attending Trinity on a law exchange programme. Auditing this module is only possible subject to availability of spaces.
Available: SF Law, SS Law and French, Law and German, and JS/SS Law and Business, Law and Political ScienceConstitutional Law II: (LA2345) 10 ECTSThis module examines the following aspects of constitutional law - the guarantees relating to the family and education; freedom of religion; freedom of expression; freedom of association; freedom of assembly; the guarantee of personal rights; the guarantee of equality; the guarantee of personal liberty; inviolability of the dwelling; constitutional policy on abortion. Learning Outcomes:Having successfully completed this module, students should be able to: Critically analyse the case law interpreting Articles 40 to 45 of the Constitution, articulating a coherent position on the ways in which constitutional law should develop in the future;Assess the role of the courts in the protection of constitutional rights;Discuss the philosophical influences on the fundamental rights provisions of the Constitution; Apply critical analysis and problem-solving skills and techniques to different essay and problem-based questions on the implications of the above constitutional provisions.
Teaching: 3 hours of lectures per week and four hours of seminars in the 1st Semester. Lecturer: Prof Gerry WhyteAvailable: SF Law, SS Law and French, Law and German, and JS/SS Law and Business, Law and Political ScienceEquity: (LA2344)10 ECTSEquity may be described as that body of rules and principles which was developed by the Court of Chancery in order to mitigate the rigours of the common law.
This module examines general principles of equity, the law relating to private and public or charitable trusts and the administration of trusts, focusing on the powers and duties of trustees. It also covers some aspects of equitable remedies such as injunctions and examines the principles relating to proprietary estoppel.
Learning Outcomes:Evaluate the relationship between law and equity;Identify the contribution made by equity and the law of trusts to legal relationships and commercial situations;Discuss and debate different perspectives on various aspects of the law relating to trusts of a private and public nature;Use appropriate legal concepts, case law and statute law to analyse and solve legal problems relating to the use of equitable remediesTeaching: 3 hours of lectures per week and 4 hours of seminars in the 2nd Semester. Assessment: Examination (1 x 2 hour paper) – 100%Lecturer: Prof Hilary BiehlerLand Law: (LA2020) 10 ECTSThis module introduces the student to the considerable body of common law, equitable principles and legislation which governs the various ways in which land may be acquired, held and alienated.
It commences with an analysis of the public law protections for rights in land in the Irish legal system, through the Constitution and the European Convention on Human Rights. It engages in critical reflection on the theoretical rationales for private ownership that underpin and affect land law, and on other perspectives from economics and politics that influence the shape of land law.
It considers the evolution of land law through both common law and statute, an understanding of which is fundamental to an appreciation of the complex system in operation in Ireland today. A key focus throughout is the changes wrought to Irish land law by the Land and Conveyancing Law Reform Act 2009.
The substantive areas dealt with include the nature of the freehold and leasehold estates in land, co-ownership, the use of land as security, and rights over land (easements and covenants). Learning Outcomes: Having successfully completed this module, students should be able to:Critically reflect on the tensions that underpin and affect land law from theoretical and policy perspectives;Engage with the interaction between public and private law rules and standards in the context of land;Identify and analyse the evolution of land law and the complexities of the system in Ireland;Outline the body of common law, equitable principles and legislation governing the ways in which land may be acquired, held and alienated;Analyse and apply substantive areas in land law.
Teaching: 3 hours of lectures per week and 4 seminars in the 1st Semester. Assessment: Examination (2 hour paper) – 100%Lecturer: Mr Eoin MartinErasmus/Visiting Students: Places are limited.
Priority will be given to students studying law in their home university and are attending Trinity on a law exchange programme. Auditing this module is only possible subject to availability of spaces.
Available: SF Law, Law and French and Law and German, Law and Business, Law and Political SciencePrivate Law Remedies: (LA1232) 10 ECTSStudents will already have encountered private law obligations in the Tort (JF), Contract (JF), and Equity (SF) courses. A conceptual understanding of the remedies available to a plaintiff in civil proceedings at Common Law and in Equity to vindicate those obligations is the capstone of private law analysis.
This course analyses the remedial goals (such as compensation for loss, punishment for wrongdoing, or restitution of unjust enrichment) underpinning various personal and proprietary remedies available for private law claims arising from tort, breach of contract, unjust enrichment, equitable wrongs, and so on. The substantive issues (such as causation, remotes, damages, proprietary remedies, and so on) will be considered in their own terms and compared and contrasted across various subject areas (such as Contract, Tort, Unjust Enrichment, Equity, and so on).
Learning Outcomes:evaluate remedial strategies from a range of theoretical and comparative perspectives,analyse private law claims at law and in equity to determine the appropriate remedy or remediesadvise and advocate accordingly, andundertake and complete self-directed research, work well in teams, and make confident oral presentations. Teaching: 3 hours of lectures per week and 4 hours of seminars in the 2nd SemesterAssessment: Assignment (2,000 words) 33%, Moot (3,000 words) 33%, Joint dissenting judgment (5,000 words) 33%Lecturer: Dr.
Sarah HamillAvailable: SF Law, Law and French, Law and German, JS/SS Law and Business, Law and Political Science ooting Programme: (LA2011)This programme gives students the opportunity to develop the written and oral advocacy skills which are a central component of any lawyer's training.
Students prepare mock cases for appeal before the Supreme Court, arguing on behalf of their clients. Following a series of introductory classes, students undertake one moot on Private Law Remedies in the second term.
EU Law: (LA2346) 10 ECTSThe aim of this course is to provide an introduction to the law and institutions of the European Union, in particular to examine their origins and development. The first part of the course concentrates on constitutional issues, including the workings of the institutions and legal system.
The second part of the course examines selected aspects of substantive law, including free movement of goods and persons. Advanced European Union Law: (LA3444) 10 ECTSThis module is an advanced undergraduate study of EU law.
It is somewhat different to the standard class format so please read this carefully. The class is focussed almost exclusively on primary materials, principally Treaties, Regulations and Directives, and European Commission documents.
There is less emphasis on case law than in many courses students may have taken, and almost none on secondary academic literature. The point is to cover primary materials in some depth, to learn how to work with primary materials, to see in operation fundamental structures of EU law, and EU – Member State institutional interaction, and how it all meshes together.
Substantively, the main areas are competition law (not mergers) and to a lesser extent State.
Students who study competition law and policy find the approach and learning focus completely different. Reference is made to Irish law only in part, and that part because some EU law can only be explained by reference to implementation.
In conjunction, learning techniques for inter alia information organisation and memorisation are taught. Students bring prescribed primary materials (freely available) to class and make notes on them.
There are no lecture notes in the sense of the transfer of information.
The information is in the primary materials and students aim for understanding and organisation. Regular (not absolute) class attendance and advance reading is required and a roll call is made. Certain short research and writing exercises may also be assigned throughout the semester, to assist student learning.
A word to the wise: it is not possible to cram successfully for this course at the end of the semester without having done the reading in advance of class and attended regularly.
In broad approximation, students who take this course (a) report a somewhat higher work load and difficulty during the semester, and (b) achieve somewhat higher results, than in other classes on average. Learning Outcomes: Having successfully completed this module, students should be able to: Describe and summarize the most important primary materials on EU Competition Law (excluding mergers), and to a lesser extent State Aid or any other substantive topic considered Analyze, breakdown, and interpret those primary materials Create independent authoritative argument and exposition on the basis of those materials Conduct effective and targeted research in EU primary materials Learn complimentary studying and memorization techniques Orient oneself through EU materials Grasp how the structures, principles, institutions, and substantive law mesh togetherGain confidence in lawyering in EU materialsTeaching: 3 hours of lectures per week and additional seminars in the 2nd SemesterAssessment: Examination (1 x 2 hour paper) - 100%Lecturer: Dr Diarmuid Rossa Phelan SCPrerequisite: Students must have completed EU Law. Law and French/German students may take this module if they have completed EU at a French/German university.
Not available in 18/19This module offers students an introduction to legal practice, allowing students the opportunity to develop core professional skills essential for a lawyer as well as to gain valuable practical experience in a legal environment. Students will undertake placements in a variety of organisations in the not-for-profit, private and public sectors.
Under the supervision of experienced professionals, students will gain first-hand experience of legal practice, observing, assisting and participating in the organisations’ work. This gives students an opportunity to apply and develop their legal skills and knowledge in a practical way and to learn from this experience.
Students will also attend a lawyering class which will focus on developing students’ professional legal skills, fostering an understanding of legal ethics and more broadly developing students’ understanding of the role of the lawyer in society. Students will give presentations on their experiences and engage in a process of reflection on these experiences, individually and as a group.
Learning Outcomes:Having successfully completed this module, students should be able to:Understand the range of persons and organisations engaged in legal practice and their role in the legal system and in society;Apply core legal skills in a practical context;Apply legal knowledge in a practical context;Develop their knowledge and skills through practical experience;Reflect upon practical experience in order to broaden and deepen their understanding of the law;Understand fundamental principles of legal ethics;Recognise and respond to ethical issues arising in legal practice;Work effectively in a professional setting and develop skills useful in a wide range of professional settings. Teaching: Placements will run for three weeks in September.
There will be an introductory session prior to the commencement of placements as well as classes running alongside the placement. Assessment: Attendance on placement and at lawyering class; Student presentation, Reflective Journal and Assignment - 100% Pass/FailLecturer/Coordinator: Dr.
David FennellyRestrictions: This module is only available to Senior Sophister students.
Number of places available will be restricted to 20-30 only (exact number TBC) 15 Oct 2013 - He studied Law at St Catharine's College, Cambridge, graduating with a First This all means that you should be smart about what you aim to get out of your If you treat your introduction like an essay plan and a bit like an law at the moment, looking at the UK, EU and French administrative law, so your .
Admission is also subject to confirmation of placement. Collective Labour Law (LA3429) 10 ECTSCollective Labour law examines the legal relationship between a) employers and workers acting collectively through unions and b) unions and their members.
In relation to the employer/union relationship, we will examine the law relating to collective bargaining, including statutory regulation of collective bargaining and the legal status of collective agreements, and the law on trade disputes, including liability for engaging in industrial action and legal immunities available to participants in such action. In relation to the union/member relationship, we will examine how the law regulates the formation of this relationship, the legal incidents of the relationship and the termination of the relationship.
Learning Outcomes: Having successfully completed this module, students should be able to: Critically assess how the law regulates the relationship between employers and workers operating through trade unions, in particular, in relation to collective bargaining and industrial conflict; Explain the salient elements of Irish industrial relations; Apply critical analysis and problem-solving skills and techniques to different essay and problem questions based on material covered in the module; Research topics in law regulating the relationship between employers and trade unions. Teaching: 3 hours of lectures per week in the 2nd SemesterAssessment: Case Note (1,000 words) 20%, Essay (4,000 words) 75%, Discussion Board 5%Lecturer: Prof Gerry WhyteCommercial Law: (LA3445) 10 ECTSThe objective of this module is to provide students with a good knowledge of key areas of commercial law.
Commercial Law is taught with a practical emphasis on what occurs in business life and will be of benefit to students who intend to go into professional practice in this area. The module begins with the history and nature of commercial law and moves on to consider legal regulation of a range of areas which are significant in the business world.
These include the law of agency, insurance law and the banker-customer relationship. A particular emphasis is on the regulation of the sale of goods and supply of services.
Learning Outcomes:Identify the relationship between law and the commercial world;Use appropriate legal concepts, case law and statute law to analyse and solve legal problems within the world of commerce;Evaluate the contribution made by default rules provided by the law as opposed to choices made by parties using freedom of contract. Map the relationship between law and society in a commercial context, including the role of law in promoting and responding to social change.
Teaching: 3 hours of lectures per week and additional seminars in the 2nd SemesterAssessment: Blogposts 20%, Discussion Board 5%, Essay (3,000 words) 75%Lecturer: Dr Deirdre AhernCompany Law: (LA3446) 10 ECTSThis module deals with the law relating to companies. The subjects covered include the incorporation of companies and the legal consequences of incorporation, the constitutional documents of a company, the law relating to corporate capacity, directors' duties and their enforcement; shareholder and creditor protection.
Learning Outcomes:Having successfully completed this module, students should be able to:Identify and evaluate the interplay between the legal entity that is the company and the shareholders and directors, as the other organs of the company, in a wide range of situations;Apply relevant statutory rules and case law to companies in order to analyse and solve legal issues relating to companies;Discuss and debate different perspectives on various aspects of the law relating to companies including the change in legal approach which occurs when a company runs into financial difficulties. Teaching: 3 hours of lectures per week and additional seminars in the 2nd Semester.
Deirdre AhernCorporate Governance: (LA3469) 5 ECTSThe objective of this module is to develop an understanding of the development of corporate governance and its importance to companies and their stakeholders.
The module will investigate the processes of supervision and control within companies (including board composition, board committees and board remuneration) and it will determine the primary aims of these processes. The theory and the reality of shareholder democracy and corporate social responsibility will be analysed.
Students will be referred to multidisciplinary academic material particularly from the fields of law and economics, behavioural economics and management theory. The theory will be contextualized and there will be discussions of high profile governance scandals and the corporate governance failings in credit institutions revealed in the wake of financial crises.
This will include seminal scholarly papers, corporate governance codes and regulations.
Learning Outcomes:Identify and analyse the agency problems that arise in the modern corporation;Evaluate the various solutions that have been proposed to these problems;Map the connection between the regulatory, legal and economic environment and corporate governance in different jurisdictions and at different points in historyDiscuss and debate issues of corporate social responsibility and the interests of stakeholdersTeaching: 2 hours of lectures per week in the 1st SemesterLecturer: Dr Ailbhe O’NeillConflicts of Laws: (LA3448) 10 ECTSConflict of Laws (also known as Private International Law) is the body of rules whose purpose is to assist the Irish court in deciding a case containing a foreign element. It consists of three main elements: (1) the jurisdiction of the Irish court (whether the Irish courts is competent to hear the dispute); (2) the selection of the appropriate rules of a system of law, Irish or foreign, which it is to apply in deciding a case before it (choice of law); and (3) the recognition and enforcement of judgments given by foreign courts.
A particular focus of the course is the development of distinctive conflict of law rules within the European Union in the areas of tort, contract and commercial litigation Locate contentious issues within national and international legal contexts;Identify and evaluate the role of EU law in the development of rules and standards applied in the Irish courts; Identify and critically analyse rules governing jurisdiction, choice of law and the recognition and enforcement of judgments both orally and in writing;Compare and contrast the application of those rules in different substantive legal contexts;Discuss and debate different theoretical and practical perspectives on the conflict of laws and formulate proposals for reform;Apply Irish and European conflicts regimes in practical settings to resolve hypothetical fact scenarios;Conduct effective research of contentious issues at national and international levels. Teaching: 3 hours of lectures per week in the 2nd Semester.
Assessment: Take Home Exam - 100%Lecturer: Dr David KennyCriminology: (LA3450) 10 ECTSThis course covers the different theoretical perspectives attempting to offer a scientific analysis of crime‚ and the criminal, from classical to contemporary theories. Throughout, different theoretical perspectives are applied to the exercise of criminal justice in an Irish context.
Learning Outcomes:Critically appraise social and political ideas relating to crime and the criminal justice system. Construct well-sourced arguments on criminological topics using a broad inter-disciplinary social sciences approachIdentify and analyse general principles of criminological theories;Appraise and evaluate the development of criminological thought;Map the connections between different strands of theoretical analysis about crime and punishment; Apply key tenets of criminological theory to analysis of the Irish criminal justice system.
Teaching: 3 hours of lectures per week in the 1st SemesterAssessment: Essay (5,000 words) -50% Examination – 50% (1 x 2 hour paper)Lecturer: Prof Ivana BacikCritical Perspectives on Law: (LA3474) 5 ECTSDoctrinal approaches to law are generally based on certain assumptions about human motivations and behaviour and the structure of society. Many of these grounding assumptions are rooted heavily in particular socio-political ideologies, most commonly those of 19th Century liberalism.
Ideas about individual legal rights, justice and public policy have a strong tendency to assume a level of equality of power and opportunity that is wholly absent from the status quo in most developed economies. The purpose of this module is to equip students to identify and critique the sacred cows of legal doctrine.
By examining social context, economic realities and power relationships, the fallacies of many of the founding principles of core legal subjects will be deconstructed and evaluated. Students may ultimately conclude that these founding principles are sound or meritorious; however, whatever their conclusion, the process of critique and defence of fundamental elements of the legal order adds significantly to students’ understanding of the law.
The critique is primarily aimed at the core subjects that students will have studies during their Freshman modules. This ensures that students have sufficient background material.
These subjects have also been chosen as they are the basis for the legal education of all professional lawyers in the state in that they are also the core subjects of the FE1 exams and the King’s Inns’ Diploma in Legal Studies. 5% of the overall final grade will be deducted for any week missed (after the introductory week) without sufficient excuse being provided to the lecturers.
Learning Outcomes:Identify and categorise political and ideological assumptions that have been subsumed into legal doctrineDescribe and evaluate the appropriateness of grounding principles in the contemporary socio-economic contextDifferentiate the sectoral interest groups that benefit and do not benefit from the legal status quoJustify and defend principles with which they agree based on full evaluation of their applicability in the practical legal contextAppraise the extent to which the existing corpus of Irish law serves its ostensible goals. Teaching: 2 hours of lectures per week in the 2nd SemesterAssessment: Response paper 1 (1,500 words) – 45%, Response paper 2 (1,500 words) – 45%, Participation in online discussion forum – 5, Participation – 5%Lecturers: Dr.
Alan BradyNot offered in 18/19Current Issues in Constitutional Law is a skills-based course, designed to promote critical engagement by Sophister students with constitutional issues through close reading of major cases.
Such cases, and complementary academic material will serve as a vehicle for exploring themes that run through constitutional law. The aim of this course is to deepen students' knowledge and legal skills in constitutional law.
This course will adopt the reading group format, which focuses on collective text analysis and student-led discussion of principles, themes, and impacts of major constitutional decisions. Students are assigned advanced reading, including cases and academic commentaries, with one or two students chosen to deliver a springboard presentation each week, which will catalyse a class discussion on the issues raised by the assigned readings.
The lecturers will act as facilitators, contributing opinions and posing questions to tease out additional issues and deeper analysis, but will eschew the ordinary lecture format. Essential to this format is a small group of students.
As a result, student numbers will be capped at c. The key materials for the course will be prescribed decisions of the Irish Superior Courts, as well as academic materials on Irish and comparative constitutional law. The course will concentrate on topical issues, incorporating major developments in constitutional law on an on-going basis.
The focus of the course will be on thorough individual reading of major cases and group discussion and analysis, through which the class can collectively explore major themes in constitutional law. The course will enhance students' research abilities, their critical analysis of legal materials, their legal writing, and their communication skills.
It will challenge them to think about constitutional law at both the detailed micro level of discrete problems and the broader macro level of cross-cutting thematic issues. Learning Outcomes:Critically and contextually analyse in detail leading cases in Irish constitutional law.
Competently distil differing judicial positions in contentious judgments, and identify the broader context of those positions. Present complex constitutional law issues, and judicial reasoning relating to those issues, in a clear and compelling manner.
Coordinate effectively with classmates in preparing presentations. Discuss current constitutional law issues in their political and social context.
Critically analyse contextual issues in constitutional law on a thematic basis, tracking trends and developments over time.
Make independent and original contributions to constitutional law discourse 29 Sep 2016 - presentation developed by the Oxford Law courses are eminently suited to practical application, and employers Colleges also have collections of law books for student use. Administrative law, European law: one written..
Develop an awareness of the political and broader practical implications of constitutional litigation. Understand the role of the constitutional litigant and litigator in legal practice.
Teaching: 1-2 hours of lectures per week in the 1st SemesterAssessment: Two papers and one presentation - equally weighted. 5% of the final grade will be deducted for any week missed (after the introductory week) without sufficient excuse being provided to the lecturers.
Lecturers: Dr Rachael Walsh and Dr David KennyPrerequisitesRestrictions: Places limited to 20. Erasmus/visiting students are not permitted to take this module.
Economic and Legal Aspects of Competition Policy: (LA3452) 10 ECTSThe object of this inter-disciplinary course is to allow students to gain a good understanding of key legal and economic policies underlying EU competition law. The course engages with the competition law rules which prohibit competitors from entering into anti-competitive agreements and which prevent dominant market players from abusing their dominant position at the expense of weaker competitors.
The course is examined by final exam (80%) and by an essay (20%). Students have a choice of completing the essay in either a law or economics-related area of competition policy.
The course begins by explaining key legal and economic concepts which are central to Competition policy. The introductory lectures also focus on the impact of Competition law in a business context and on the extra-territorial impact of the EU Competition regime.
It goes on to cover areas such as the prohibition on anti-competitive agreements (including cartels) in Article 101 TFEU and the prohibition on abuse of a dominant position in Article 102 TFEU. The course also examines the public enforcement by the European Commission and the national competition authorities of EU Competition law (under Council Regulation 1/2003).
The course concludes with an examination of the 2004 Merger Control Regulation, and the extent to which it regulates market structure and behaviour in situations in which two or more formerly independent commercial companies/entities wish to unite. Recommended reading: Whish & Bailey, Competition Law (8th edition, Oxford University Press, 2015) and Jones & Sufrin, EU Competition Law - Text, Cases and Materials (6th edition, Oxford University Press, 2016).
Learning Outcomes:Identify, evaluate and critique the key legal and economic principles underlying competition policyLocate competition policy within national and EU legal and economic contextsUnderstand the salient elements of the principles governing anti-competitive agreements and practices, market abuses perpetrated by dominant players and merger control respectively. Apply critical analysis and problem-solving skills and techniques to different essay topics and seminar questions based on material covered in the module Map the relationship between competition policy and the business world, as well as understanding how the effective implementation of such a policy can reap major benefits for consumers in the marketplaceTeaching: 3 hours of lectures per week and additional seminars in the 1st SemesterLecturers: Mr.
Francis O'Toole (Economics)English Land Law: (LA3471) 10 ECTSThis module grounds students in the major principles of English land law.
It builds upon the foundational work done in Land Law by deepening students’ conceptual understanding of property as an institution, and of the competing policy goals that affect its development, particularly through statutory reform. It also seeks to improve students’ critical understanding of land law, and in particular of the interface between public and private law in the context of land.
Students will also gain an awareness of where English land law differs from Irish land law. The module beings with an examination of the major reforms to English land law seen in the 1920s, namely the Law of Property Act 1925 and the Land Registration Act 1925.
The module discusses how these reforms changed the understanding of ownership seen in English land law and why they were introduced. The module moves on to study how subsequent legislative reforms have addressed deficiencies in the earlier statutes as well as how they reflect societal change.
Emphasis is given to co-ownership and interests in the family home and how the Trusts of Land and Appointment of Trustees Act 1996 affected these interests. The module examines the various estates which English land law recognises, including the option of holding freehold estates as commonhold.
It also covers mortgages, easements, restrictive covenants, proprietary estoppel, and the doctrine of adverse possession. Where relevant the module discusses the impact of the Human Rights Act 1998 as well as the jurisprudence from the European Court of Human Rights.
The module also examines the land registration system in England and the priority rules arising out of that system as well as to the different rules which apply to registered and unregistered land. Learning Outcomes: Having successfully completed this module, students should be able to:Deconstruct reforms in English land law to understand their policy goals and their strengths/weaknesses in achieving such goals.
Identify and assess the principal differences between English and Irish land law. Apply the rules of English land law to solve complex problems in relation to both registered and unregistered land.
Analyse the pros and cons of a comprehensive land registration system and evaluate its impact on dealings with land. Analyse the effect of human rights on English land law.
Identify and evaluate the range of remedies available in land law disputes. Apply critical analysis and problem-solving skills and techniques to different essay and problem-based questions on English land law.
Teaching: 3 hours of lectures per week in the 2nd SemesterLecturers: Dr Sarah HamillEnvironmental Law: (LA3453) 10 ECTSEnvironmental law expertise is traditionally considered useful if it helps a manager manoeuvre myriad rules and regulations, or if it helps an environmentalist combat industrialisation. Further, there is a concentration on either local or international or regional law.
This module rejects an either-or approach, and wishes to convey that environmental law cuts across and within legal systems, fields of law, vested interests and disciplinary boundaries. At the same time, it aims to assist students with negotiating this complexity by concentrating on common principles, illustrated through case studies.
Notably, the precautionary principle and the polluter-pays principle are examined. Such principles, in turn, prompt an analysis of the use of property rights in managing and dealing with environmental problems.
Property rights doubles up as a useful lens in appreciating questions pertaining to land use. The module requires students to discuss and debate theoretical nuance and practical application.
Given that climate change has become a distinct and inescapable legal concern, special attention is given to the practice and theory of climate law. This includes understanding the unique nature of international climate law, existing instruments of mitigation such as the European Union Emissions Trading System and climate battles fought in courts.
Learning Outcomes: Appraise the prevalence of environmental law in individual, commercial and governmental activitiesInterrogate core concepts that inform environmental law Identify relevant approaches to environmental concerns and remedies offered by other fields of public and private law such as constitutional law, human rights law, property law and tort law Critically evaluate similarities and differences in environmental law within and between legal systemsTeaching: 3 hours of lectures per week in the 2nd SemesterAssessment: Book, Film Review, Case Note (2,000 words) 30%, Group Essay 2,000 words (30% written + 20% oral presentation), Class Test 20%Lecturer: Dr Suryapratim RoyNot offered in 18/19Equality features regularly in debate on law and public policy. Contemporary examples include access to marriage for same-sex couples; women’s representation in company boardrooms or politics; restrictions on wearing religious symbols/clothing; or stigma and discrimination linked to mental health.
The legal issues that arise cut across public and private law, and frequently entail interaction with European and international legal instruments. This module provides an opportunity for students to examine the emerging field of Equality Law from a national, international and comparative perspective.
The module will introduce students to the legal framework on equality found in Irish Law and European Law (EU and ECHR). With regards to Irish Law, it will place more emphasis on the Equal Status Acts and other relevant legislation, given that the Employment Equality Acts may have already been encountered in the module on Employment Law.
There are no pre-requisites for taking this module. To introduce the domestic and European legal frameworks on equality. To examine the theoretical and conceptual framework underpinningCourse Content: The course will provide students with an introduction to the legal frameworks governing equality law in Ireland, including the law of the European Union and Council of Europe. Having established this framework, the module will then consider the theoretical and conceptual components of equality law.
It will examine debates on the meaning of equality (e. formal v substantive), and the building blocks of equality law (e.
direct discrimination, indirect discrimination, reasonable accommodation, positive/affirmative action) Practice law; Work in business; Teach; Work in politics What areas of law do lawyers practice? civil rights law; Criminal law; Intellectual property law; Tax law; Administrative law What classes should I take in college to prepare? Clerks who move on to large law firms will often get a “signing bonus” in their first year..
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Finally, the module will include analysis of key controversies in equality law in the light of current developments (e. Learning Outcomes:outline the basic concepts found within equality law;critically evaluate the current law and options for its reform;demonstrate written communication skills;Methods of Teaching and Student Learning: The teaching strategy is a based on three hours of weekly lectures.
These will be composed of lecture-style presentations by the module convenor, combined with opportunities for more interactive activities. This draw upon ‘flipped classroom’ techniques, including exercises in problem-solving via hypothetical case studies.
Teaching: 3 hours of lectures per week in the 2nd SemesterAssessment: Assessed Coursework Task: 100%Lecturer: Prof Mark Bell(LA3436) 10 ECTSThis course is divided in two parts. The first part of the course will focus on the regional human rights regime established by European Convention on Human Rights and Fundamental Freedoms.
In addition to a general discussion of practice and procedure under the ECHR, case law concerning substantive rights, such as the prohibition against torture and inhuman or degrading treatment or punishment, the right to respect for private and family life, the right to freedom of religion, and the right to freedom of expression, will be analysed in-depth. In the second part of the course, specific questions related to the protection of human rights in Europe will be addressed, such as protection of socio-economic rights and protection of human rights in the context of terrorism.
This part of the course will draw upon experience outside Europe to analyse European responses. Learning Outcomes: Having successfully completed this module, students should be able to: Conduct effective and targeted research in case law and academic legal commentary regarding the protection of human rights pursuant to the European Convention on Human Rights; Identify, evaluate and critique the evolution of human rights pursuant to the European Convention on Human Rights; Discuss and debate the moral, theoretical and ethical assumptions underpinning human rights; Apply the law and theory of human rights to concrete practical problems and to the challenge of ensuring effective implementation and protection of human rights.
Teaching: 3 hours of lectures per week in the 1st SemesterAssessment: Blog Post (1,000 words) 25%, Essay (3,000 words) 75%Lecturer: Dr. Catherine DonnellyEvidence: (LA3458) 10 ECTSThis module is designed to provide sophister students with a foundation in the law of evidence in Ireland with particular emphasis on evidence in criminal proceedings.
Topics covered include the examination of witnesses, hearsay, and evidentiary privileges. The concept of proof and the significance of evidentiary rights are among the themes explored in the module.
Learning Outcomes:Outline the role of evidence in the trial process;Identify and critically analyse evidentiary rules and principles;Engage in effective research and writing in the law of evidence;Apply evidentiary rules and principles in hypothetical fact scenarios;Debate evidentiary law and policy and formulate proposals for reform. Teaching: 3 hours of lectures per week and additional seminars in the 1st SemesterLecturer: Dr Liz HeffernanFamily and Child Law: (LA3485) 10 ECTS This course is designed to give the student an understanding of the basic principles and procedures which apply in the context of Family law, as well as an awareness of the social context of the subject.
Policies underlying family law are analysed, the effectiveness of present procedures is assessed, and the relationship between traditional legal remedies and other forms of social support is examined. Topics covered include formation of marriage, nullity, judicial separation, divorce, family property and maintenance.
Domestic violence, the rights of cohabitees, and related social issues, such as social welfare and family support systems, will also be considered. Learning Outcomes:Having successfully completed this module, students should be able to:Identify and evaluate the law relating to families in Ireland in the light of the Constitution, the domestic legal framework as well as international human rights law.
Debate and discuss the policy which shapes and informs family law in Ireland. Apply critical analysis and problem-solving skills and techniques to different essay and problem-based family law questions.
Teaching: 3 hours of lectures per week in the 2nd Semester. Assessment: Group project (policy report 5,000 words) 50%, Essay (5000 words) 50%Lecturer: Dr Patricia BrazilNot available in 2018/19This course aims to provide an understanding of feminist theories, and how these theories may be applied to law and legal systems.
Different strands within feminist jurisprudence are analysed, and a feminist critique applied to the legal concept of equality, and to issues of reproductive rights, family, employment and criminal law. The module involves a broad inter-disciplinary approach which includes aspects of sociology, political theory and philosophy as well as law.
Classes each week will take the form of relatively informal seminars. Students will be expected to have done the prescribed reading, to present readings to the class as requested and to participate in class discussions.
Learning Outcomes:Critically appraise feminist jurisprudence and theories of law;Construct well-sourced arguments relating to the concept of equality using a broad interdisciplinary socio-legal approach;Analyse and evaluate a range of relevant legal areas from different feminist theoretical perspectives, including reproductive rights law and policy; family and property law; employment equality law; criminal law;Apply a research-based social sciences approach to discussion and analysis of feminist legal theories. Assessment: Essay - 100%Financial Services Law (LA3484) (10 ECTS)This course will introduce students to financial services and their regulation.
Since Ireland’s accession to the EU, Irish financial regulation has been heavily influenced by EU legislation. The financial and sovereign debt crisis have led to greater harmonization of financial regulation.
As a result, the course will focus on European legislation and developments. The course will deal with banking and financial market supervision and regulation, such as the recent establishment of the European Banking Union.
Furthermore, we will discuss the events which led to the radical overhaul of financial regulation, such as the financial crisis, the sovereign debt crisis and the Irish banking crisis. Finally, we will also analyze recent developments which will likely alter the structure of Irish and EU financial markets in the coming years, such as the plans for the creation of a Capital Markets Union.
Learning Outcomes: Identify and critically evaluate the events which led to the overhaul of financial regulation. Develop an understanding of the functioning of modern financial markets.
Demonstrate a sound knowledge of financial regulation. Appraise the impact of EU law on domestic financial regulation.
Develop an awareness of developments in financial regulation at a European level. Identify the political and economic forces shaping financial services regulation.
Teaching: 3 hours of lectures in the 2nd Semester. Assessment: Research Paper (5,000 words) – 80%, Presentation – 10% , Class Participation – 10%Lecturer: Dr.
Alexandros SeretakisFood Law: (LA3437) 10 ECTSFood safety has become a priority for the EU lawmaker, in particular following a series of scares such as those about ‘mad cow disease’ (BSE), dioxin poisoning and genetic modification. There are ongoing concerns about the relationship between diet and health.
This module examines the ways in which the law can be, and is, used to address these problems. The focus is primarily on European Union rules in this area, as it is from here that most of our food law now originates.
The course will commence with a re-examination of EU rules on free movement for goods, with emphasis on the movement of food. Other topics covered by this module include organic food regulation, aspects of intellectual property rights, animal welfare, food labelling and claims and novel foods.
From your email account and behaviour online to your smart watch or wearable fitness-monitoring device, information technology is changing our lives in significant ways and the laws that govern it are increasingly important.
This module will introduce you to the range of technologies out there, some of which may be familiar and some perhaps less so. Together we will explore the various ways that industry and governments are collecting, storing, sharing, and monetising data about our lives.
We will consider how the law is evolving to meet the challenges raised by information technology. We will look at a wide range of topics, which time permitting will include: the rise of wearable devices and the Internet of Things; online DNA tests; smart computing systems; online contracts; artificial intelligence; and internet governance.
We will also touch upon computer crime, considering computer misuse and hacking offences. We will also consider issues around responsible innovation and how to appropriately regulate these technologies.
This will include discussion of the issues of data protection and security, but also introduce you to a wider debate about the regulation of technology, the impact of technology on society and the right of citizens to reject adoption of certain technologies. We will also consider consumer protection issues.
An extensive reading list, which will include a range of sources, including news items and relevant videos will be made available in Blackboard. The research essay is the main means of assessment.
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This will be due on the Friday of the sixth week of term 9 Apr 2018 - Administrative law encompasses rules, regulations, and administrative University of Denver Sturm College of Law the trusted Examples & Explanations titles get right to the point in a conversational, often Comprehensive coverage of the essential topics emphasizes what you need to know and why..
There will be a template example made available in Blackboard.
The plan should set out clearly what you intend to cover in your essay. Submission of the plan is compulsory and will be worth 20%.
There will also be the option of submitting a draft of the essay for feedback. There will be guidance in class in the form of a workshop, which should assist you in thinking about and developing your essay. Learning Outcomes:Understand and evaluate a range of legal issues arising from new digital technologiesIdentify social and ethical issues arising from the variety of uses to which specific new digital technologies may be putDevelop understanding of the full functionality of specific technologies.
Consider the role of Irish regulators in this contextDemonstrate familiarity with issues concerned with responsible innovation and regulationDemonstrate familiarity with the research tools and the materials through which they can deepen their knowledge of specific aspects of information technology lawHone their research skills through their coursework – students will have the opportunity to explore their chosen topics in depthTeaching: 3 hours of lectures per week in the 1st Semester. Assessment: Intellectual Property Law: (LA3460) 10 ECTSIntellectual property law constitutes an increasingly important and wide bundle of rules aimed at fostering and rewarding human creativity and technological innovation and at protecting investments and goodwill in business-related activities.
Intellectual property has traditionally encompassed copyright, trademarks and patents. This area of law has grown exponentially in the last decades through the extension of the scope of existing rights for the protection of new assets, works and technologies (e.
trade secrets, Internet domain names, computer programs, biotechnologies) and the creation of new types of rights (e.
industrial designs, database rights, access rights for digital content).
The module examines the social and economic justifications for intellectual property rights, as well as their multi-layered regulation. The module draws selectively upon a selection of examples of domestic intellectual property regimes to show the impact of international and European law and decision-making on EU Member States and to critically evaluate some of the policies and goals which underlie the most relevant forms of intellectual property today.
Although the idea of multi-level regulation of intellectual property goes back to the end of the 19th century (when the first international conventions on patent and copyright protection started harmonizing national laws and creating obligations for national law-makers), it must be emphasised that intellectual property rights and their enforcement have been globalised more effectively as of the establishment of the World Trade Organisation (WTO) in 1994 and the related adoption of an international agreement on Trade Related Aspects of Intellectual Property Rights, known as the ‘TRIPS’ Agreement. The module examines the most important provisions of this and other international intellectual property laws as well as the EU regulations and directives that have harmonized (or in certain cases even unified) national legal systems such as the Irish one.
Learning Outcomes:Appraise and evaluate the social and economic justifications for intellectual property rights. Identify and analyse how intellectual property rights are protected and commercially exploited, in both offline and online environments.
Demonstrate an understanding of the implications of international conventions and the most important EU legislative measures, from both a trade-related and non-market perspective. Identify legal issues in complex cases and argue either side of the arguments raised by the parties involved;Demonstrate familiarity with the research tools and the materials through which they can deepen their knowledge of specific aspects of intellectual property law. Teaching: 3 hours of lectures per week in the 1st Semester.
Assessment: Case Note - 20%, Assignment - 80% Lecturer: International Human Rights: (LA3428) 10 ECTSThis course examines the foundations and development of international human rights law. It considers the historical, political and legal context from which the current framework for human rights has emerged and analyses the international and regional instruments and mechanisms for monitoring and enforcing human rights.
Select case studies explore the complex interplay between law and policy and the role of international and national actors in responding to human rights violations. Lectures will highlight the central debates surrounding, and shaping, the evolution of international human rights norms, legal instruments and state and non-governmental practices, as well as the current trends and challenges in advancing human rights protection in a diverse and dynamic community of nations.
Learning Outcomes:Identify and describe the essential characteristics of the international human rights regime;Debate different theoretical and cultural perspectives on the foundations of international human rights;Discuss and evaluate the interaction between different international mechanisms for the enforcement of human rights;Apply concepts, doctrines and rules to practical human rights challenges to resolve hypothetical fact scenarios;Successfully complete substantial independent research into a particular aspect of international human rights. Teaching: 3 hours of lectures per week and additional seminars in the 2nd Semester.
Assessment: Paper/Group Presentation 40%, Exam 60%Lecturer: Dr Rosemary ByrneInternational Trade Law: (LA3462) 5 ECTSThis module examines the key rules and agreements governing the operations of the World Trade Organisation (WTO), including the Agreements on Technical Barriers to Trade, Sanitary and Phytosanitary Measures and Intellectual Property Rights. It provides an introduction to the regulation of international trade by identifying and assessing the impact that these international agreements have on the national laws of members and the functioning of regional trade areas, such as the European Union.
Emphasis is also placed upon the manner in which the WTO aims to further integrate developing countries into the global trading system and the resolution of trade disputes at the international level. Learning Outcomes:Explain the operations and functions of the World Trade Organisation;Appraise the role of the World Trade Organisation in the regulation of international trade;Evaluate the impact of regulating international trade on global development; Analyse the methods used for resolving international trade disputes; andDescribe and explain the relationship between the World Trade Organisation and regional free-trade areas, such as the EU.
Teaching: 1-2 hours of lectures per week in the 1st Semester. Assessment: Essay (1,500 words) 50%, Case Study (1,500 words) 50%Lecturer: Dr Caoimhin MacMaolainJurisprudence: (LA3463) 10 ECTSThis module facilitates students in the formulation of their own, critically aware, understanding of the nature of law and its features.
Students develop their ability to articulate a reasoned position on distinctive features of law and a legal system and on questions such as the relationship between law and morality, law’s legitimacy and function in a social order. Among topics that may be explored are the concept of law, the rule of law, authority, and connections between law and morality.
Learning Outcomes:Formulate their own, critically aware, position on jurisprudential issues;Critically analyse primary texts of a philosophical character;Interrogate various connections between law and morality;Appraise the value of philosophical reflection about law for the practice of law; Explore connections between jurisprudential theories and legal doctrinal issuesTeaching: 3 hours of lectures per week and additional seminars in the 1st Semester. Assessment: Response paper (25%); Essay (75%)Lecturer: Dr David PrendergastLegal Philosophy: (LA3441) 5 ECTSThis is an advanced module which may only be undertaken by students who have already completed jurisprudence in Trinity or an equivalent jurisprudence, legal philosophy, legal theory module elsewhere.
The module takes a thematic approach to legal philosophy, focusing on relatively recent debates. The following is an indicative list of themes: the ontology of law, contemporary debates about analytical legal philosophy and the legacy of common law theory.
Part of the module’s content is to be selected by students. The module’s classes are conducted in seminar format, with mandatory reading before each class except the first.
Learning Outcomes:Formulate their own, critically aware, position on contemporary issues of legal philosophy. Critically analyse advanced, primary texts of a philosophical character.
Appraise the value of concepts studied on the module. Interrogate the boundaries of legal positivism and natural law theory.
Identify in what circumstances (if any) a person is under an obligation to obey the law. Assessment: Essay (5,000 words) 70%, Participation 10%, Presentation 10%, Discussion Board 10%Lecturer: Dr David PrendergastPrerequisites: Students who have completed a jurisprudence module in another university should consult with the module lecturers to ascertain for themselves whether this module is appropriate for them.
Media Law: (LA3472) 10 ECTSThis course will consider both the theoretical and practical questions which arise in this evolving area of the law. Initially, the course will examine the role of the media in a constitutional democracy.
The constitutional protection of the media in Ireland will be compared with similar regimes in other jurisdictions with particular emphasis on the jurisprudence of the European Convention of Human Rights. The course will then address a number of specific areas of media law.
Lectures will deal with topics such as privacy, contempt of court, the protection of journalistic sources, obscenity, blasphemy, and the regulatory regimes in Ireland and in the EU. Throughout the course, lectures will explore the issues raised by the rise of new media forms like the internet.
Learning Outcomes:On successful completion of this module students should be able to:Critically assess how the law regulates the operation of the media in Ireland and across Europe;Explain the salient elements of Irish media law;Evaluate the emerging developments in media law and regulation, including the use of non-legal governance;Apply critical analysis and problem-solving skills and techniques to different essay and problem questions based on material covered in the module;Conduct research into developing areas of media law and practice. Teaching: 3 hours of lectures per week in the 1st Semester.
Assessment: Essay (5,000 words) - 20% and Examination - 80% (1 x 2 hour paper)Lecturer: Dr Ailbhe O'NeillMedical Law and Ethics: (LA3479) 10 ECTSMedical Law and Ethics will give students the opportunity to tackle contemporary legal issues in medicine and healthcare. The module will deal both with the black-letter law that governs medical practice and with the broader philosophical, ethical and social questions that are raised by medical advances.
Students will be guided through the range of legal and quasi-legal instruments that regulate medical practice, including the Constitution, Tort Law, and professional guidelines, and encouraged to consider the advantages and disadvantages of these regulatory tools. As well as providing students with a thorough grasp of Irish Law, the module will be substantially comparative in nature.
Comparative legal study will be especially valuable on topics that are unregulated, or under-regulated by Irish Law.
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Students will be required to read certain materials ahead of class 28 Jun 2018 - LS4557: ADMINISTRATIVE LAW (HONOURS) (2016-2017) What courses & programmes must have been taken before this course?.
To this end, the reading list will be divided into required reading and further reading.
Students will be expected to analyse the topics in class, and to participate in class discussions. As well as using traditional legal materials the course will draw on relevant work from the fields of science, philosophy, sociology and politics.
Learning OutcomesAccurately describe and apply law to novel situations that arise in medical practice. Explain medical technologies and procedures to a non-specialist audience.
Debate ethical and philosophical issues that arise in healthcare in a thorough but sensitive manner, while responding to questions and comments. Identify the principles, values and rights at play in medical practice.
Situate Irish law in the international context and draw relevant comparisons between schemes of regulation in different jurisdictions. Research and write on complex medico-legal topics.
Teaching: 3 hours of lectures per week in the 2nd SemesterLecturer: Dr. Andrea MulliganNot offered 18/19Penology involves the study of how the state punishes those who have been convicted of offences.
The subject covers the interlocking issues of sentencing, prison and non-custodial punishments. The overarching theme of the module is the use of state power against individuals who are deemed to have violated society’s norms.
The module will equip students to take an in-depth look at the penal system and evaluate why when and how and it is legitimate for the state to punish its citizens. The module will take a practical look at the bureaucracy of punishment, in particular, sentencing courts and prisons.
Students will examine the contemporary problems with these institutions and evaluate the ongoing penal reform agenda. Penology involves a broad inter-disciplinary approach which includes aspects of sociology, political theory and philosophy as well as law.
It is closely related to criminology and is in some ways a subset of criminology. Students are not required to take the first semester module in criminology, however, penology and criminology are natural partner courses and students who study both will find that they inform one another.
Learning Outcomes:Critically appraise social and political ideas relating to state punishment of offendersConstruct well-sourced arguments relating to sentencing and prison using a broad inter-disciplinary social sciences approachAnalyse and evaluate the workings of the Irish penal systemApply a research-based social sciences approach to the phenomenon of state punishment. Identify, describe and evaluate proposals for reform of the Irish penal system.
Assessment: Not offered in 18/19This module seeks to explore critically the theoretical underpinnings of the law of obligations, with particular focus on current and emerging areas of academic analysis in the fields of Tort, Contract and Restitution. This module will be conducted in a round-table seminar style format with weekly readings, predominantly of scholarly articles and texts but also of case law, being set in advance of the module.
There are no pre-requisites for taking this module. To examine critically the theoretical and conceptual framework underpinning the common law of obligations. To explore specific issues and controversies within academic accounts of the law of obligations. To develop students’ abilities at engaging critically with a range of scholarship in this area. Learning OutcomesOn successful completion of this module, students will be able to:Identify and critically analyse a range of academic perspectives on various elements of the law obligations;Locate blackletter understanding of tortious, contractual and restitutionary principles within a theoretical framework;Demonstrate and apply rigorous analytical skills in writing about the law of obligations.
Please note that the lecturers reserve the right to cap this module if necessary (limited to 20 places). 5 hour seminar in the 2nd semesterErasmus/Visiting Students: Places are limited to three places. Offered on first-come, first-served basis to Law exchange students onlyAssessment: Essay (5,000 words on a topic agreed with lecturers) - 100%Lecturer: Dr.
Des RyanNot offered in 18/19Public Interest Law can be defined as 'the use of litigation and public advocacy to advance the cause of minority or disadvantaged groups and individuals. ' The course examines the use of litigation to promote social inclusion.
In Part A, we consider the definition and history of Public Interest Law and the issue of access to legal services; In Part B, we consider a number of issues relating specifically to the use of litigation, namely, the constitutional and political legitimacy of public interest litigation; the implications of Public Interest Law for court practice and procedures; and the merits and demerits of litigation strategy. In Part C, we consider selected areas of substantive law such as social welfare law, Travellers' rights, and children's rights in an evaluation of the role of the Irish courts in promoting social inclusion.
Learning Outcomes:Having successfully completed this module, students should be able to:Critically assess how the legal system may promote social and political reform, having regard, in particular, to the relationship between the political and legal systems;Describe how the Irish courts have dealt with legal claims pursued by people with learning difficulties, children from dysfunctional families, members of the Traveller community and social welfare claimants;Describe the different models for delivering legal services to marginalised communities and the different types of service provided;Conduct research into substantive and adjectival areas of the law relating to social exclusion. nd SemesterLecturer: Prof Gerry WhytePublic International Law: (LA3439) 10 ECTSThis module is designed to provide students with knowledge of the main concepts, principles, processes and rules of public international law as well as a more in-depth knowledge of selected areas of the law.
Part 1 deals with fundamental legal concepts and processes, including international legal personality, the sources of the law and recognition.
Basic principles and the rules associated with them are addressed in Part 2. Finally, the rights and duties of the individual under what is essentially a state-based system of law are examined in Part 3.
Practical examples of the operation of the law, many of them relating to contemporary events, are given throughout. Learning Outcomes:Identify the main concepts, principles and processes in the field of public international law;Demonstrate a sound knowledge of the rules applicable in core areas of the law, such as state sovereignty, the peaceful settlement of international disputes, the use of force, international organisations and self-determination;Analyse international affairs from the perspective of public international law;Describe in some detail the place of the individual within the international legal system;Explain the nature of public international law and the role it plays in the conduct of world affairs.
Teaching: 3 hours of lectures per week and additional seminars in the 1st SemesterLecturer: Dr Rosemary ByrneNot offered in 18/19The aims of this course are to outline the law relating to refugee and immigration in Ireland in the light of EU membership and international human rights law, to develop a critical understanding of the policy behind refugee and immigration law, and to develop a practical understanding of the implications of refugee and immigration law. The course is divided in to three parts, Part I dealing with the International Framework for Refugee Protection, Part II addresses the European dimension and Part III considers the Irish framework on Refugee and Immigration law.
Topics covered include Principles and Key Concepts in Refugee Protection, the Convention relating to Status of Refugees 1951, Alternative Forms and Instruments of Protecting, the Evolving EU Acquis on Asylum, European Refugee Protection: Practices and Policies, the Refugee in Irish Law, Citizenship and Naturalisation in Irish law and Immigration Law in Ireland. Learning OutcomesUpon successful completion of this module, students should be able to: Identify and evaluate the law relating to refugees in light of international human rights law, membership of the European Union and the domestic legal framework;Critically analyse the policy behind refugee law in the domestic and international spheres: Apply critical analysis and problem-solving skills and techniques to different essay and problem-based refugee law questions.
Teaching: 3 hours of lectures per week in the 1st SemesterLecturer: Dr Patricia BrazilTax Law: (LA3468) 10 ECTSThis module considers the sources of Irish tax law and the increasing impact of Community law obligations upon domestic law in the context of both direct and indirect taxes. The module also considers international tax issues and the question of jurisdiction to impose taxation.
The module goes on to consider the administrative framework pertaining to domestic taxation and the question of appeals. The module examines key concepts of domestic tax law with particular reference to income tax.
Discuss key principles of income tax; Critically evaluate the impact of Community law obligations on domestic tax law;Discuss international tax law issues and the jurisdiction of the State to impose taxation;Identify and discuss taxpayers’ rights of appeal;Discuss and apply key concepts of domestic tax law with reference to specific fact scenarios. Teaching: 3 hours of lectures per week in the 2nd SemesterLecturer: Mr Niall O'HanlonResearch Dissertation: (LA3451) (Senior Sophister Option) 10 ECTSSenior sophister students may choose to complete a research dissertation under the supervision of a member of the Law School staff.
The subject of the dissertation may be chosen by the student but must be approved by the Director of the LL. The aim of this option is to encourage students to engage in largely self-directed research and writing leading to the completion of an analytical and critical piece of research.
Dissertations must be submitted by the end of the first week in Hilary Term.
Learning Outcomes:Complete a substantial dissertation based on independent, largely self-directed research;Work effectively under the guidance of a research supervisor;Conduct effective and targeted research of the full range of primary and secondary legal sources on a particular topic;Critically assess in writing legal theories, concepts and doctrines;Discuss and critique in writing different perspectives on law and policy;Determine the scope and structure of a research project and establish a viable research plan; Identify, discuss and debate various research methodologies;Incorporate comparative and multidisciplinary perspectives where appropriate.
Assessment: Dissertation (13,000 words)Coordinator: Dr Mary RoganThe court of examiners has the right to fix a quota for any particular module, or to withdraw a module, or, in a particular academic year, to decline to offer a module or to introduce an additional module Global administrative law, the focus of this symposium issue, approaches presented at NYU and at an NYU-Oxford University workshop held at Merton College; tive would have been difficult because of their international nature; the term 'admin- Once the national and the transnational or international get enmeshed, .
Information onFrench Law modulesFrench Legal Tradition: (LA1041) 5 ECTSThis module introduces students to the study of French legal system, concentrating on the French Civil Code.
The module explores the principles underpinning the French legal system, including topics such as the Civil Code in historical context, codification, sources of law and the fundamental principles reflected in the Code. A particular focus will be put on the Preliminary Address.
On The First Draft Of The Civil Code of Jean- tienne-Marie Portalis, one brilliant jurist whose address contains the core aspects of the French legal tradition. In addition, this module explains some core notions of French Private Law: classifications of rights, of domains of the Law, of courts, of legal sources, and basic legal notions.
During class, the Socratic method is adopted so that class participation and thought-provoking discussions will be highly encouraged. Learning Outcomes:Identify and explain the key principles underpinning modern French civil lawOutline the historical context for codification in FranceApply language skills to communicate about French civil law in oral discussionsTeaching: 2 hours of lectures in Michaelmas Term (JF )Assessment: Exam 90%, Participation 10%Lecturer: Mr Kouroch BellisFrench Law of Persons and Goods I (LA1042) 5 ECTSThis module explores what is considered in France as the basics of private law, whereas it would be considered in Ireland as Constitutional Law.
It discusses the concept of persons in French Law, its characteristics (name, sex…), and the link between a person and his goods. This module deals particularly with the beginning (and the end) of the life of corporal persons and legal entities.
It also deals with the principal rules of goods in French Law. If there is still time to do it in the module, it deals with the fundamental rights guaranteed in French Private Law (droits de la personnalit ): right to physical integrity, to dignity, to privacy, to respect of one’s image, of one’s voice, of presumption of innocence… Finally, it would deal with the cases of diminishments of one’s rights and liberties, or their exercise, in order to protect the persons subject to these diminishments (incapacit s).
During class, the Socratic method is adopted so that class participation and thought-provoking discussions will be highly encouraged. French Law of Obligations (LA2043) 5 ECTSThis module, taught through French, introduces students to the major concepts of French Law of Obligations, with a particular emphasis on French Contract Law, in preparation for their Junior Sophister year in France.
Topics covered include a general introduction of the concept of 'obligations', an analysis of the rules relating to the formulation of contracts, a review of the circumstances in which contracts will not come into existence or in which they will cease to exist, and a study of contractual liability. Learning Outcomes:Participate in discussions relating to French contract law through French Comprehend and summarise law lectures delivered through FrenchIdentify and explain the key principles and rules of modern French contract law Explain and apply the relevant provisions of the French civil code Read and explain French legal decisions according to the French methodologyEmploy problem-solving skills to apply the rules and principles of French contract law to practical problems using the French structureIncorporate comparative law perspectives where appropriate Apply language skills and knowledge of French law in written assignments Teaching: 2 hours of lectures per week in Michaelmas Term Assessment: Exam 90%, Participation 10%Lecturer: Mr Kouroch Bellis(LA2044) (5 ECTS)This module explores the basic aspects of French Family Law.
Family is the base of all societies and Family Law is one of the most important aspects of French Law. Marriage, matrimonial regime, filiation, inheritance will be introduced, if the times allows it.
“Marriage is the union of two people , wanting to form an association for their entire lives, and involving the common enjoyment of divine and human privileges. ” (Modestinus, Digest, 23, 1, 1; Scott’s translation; adaptation).
A matrimonial regime is the way this association is organized in its patrimonial aspects. Law of filiation is how a familial link between two people can be established, fought against, reestablished, added, etc.
Law of Inheritance is, in French Law, how the Law attributes the patrimony of a person when he dies and, if there is a will, how it gives it some effects. Learning Outcomes:Formulate a sensitive argumentation about the rules which govern family Identify, explain, evaluate and apply relevant provisions of the French Civil CodeIncorporate comparative law perspectives to analysis of French civil lawApply language skills to communicate about French civil law in oral discussionsTeaching: 2 hours of lectures per week in Hilary TermAssessment: Exam 90%, Participation 10%Lecturer: Mr Kouroch BellisFrench Comparative Law Dissertation (Major): (LA4004) (10 ECTS)A dissertation on French law under supervision may be taken as a 10 ECTS module.
The aim of this module is to encourage students to engage in research and writing leading to the completion of an analytical and critical piece of research on French law. The dissertation may be written in English or in French, but will meet the independent research requirement for Sophister students only if written in French.
Learning Outcomes:Complete a substantial dissertation based on independent research;Apply comparative law methodologies to analyse topics in different legal systems;Critically assess in writing legal theories, concepts and doctrines;Discuss and critique in writing different perspectives on law and policy. Assessment: Dissertation (indicative length: approximately 8,000 words in French, 10,000 words in English).
To be submitted by the first Friday after the last week of teaching in the 2nd semester. French Comparative Law Dissertation (Minor): (LA4005) (5 ECTS)A dissertation on French law under supervision may be taken as a 5 ECTS module.
The aim of this module is to encourage students to engage in research and writing leading to the completion of an analytical and critical piece of research on French law. The research would be supervised, but in great extent self-directed.
The dissertation may be written in English or in French, but will meet the independent research requirement for Sophister students only if written in French. Learning Outcomes:Complete a substantial dissertation based on independent research;Apply comparative law methodologies to analyse topics in different legal systems;Critically assess in writing legal theories, concepts and doctrines; Discuss and critique in writing different perspectives on law and policy.
Assessment: Dissertation (indicative length: approximately 4,000 words in French, 5,000 words in English). To be submitted by the first Friday after the last week of teaching in the 2nd semester.
Employment Law: (LA3430) 10 ECTSThis module offers a thorough overview of employment law in Ireland, introducing students both to the variety of overlapping sources of employment law and to the different fora in which employment disputes may be adjudicated upon in addition to (and including) the civil courts, including the significant changes introduced by the Workplace Relations Act 2015. It analyses the nature of the employment relationship, the contract of employment, and atypical types of employment status including agency workers, part-time workers and fixed term workers.
A thorough analysis is undertaken of employers’ statutory and common law obligations to their employees, including the study of the liability of employers for workplace harassment, bullying and stress; the potential for vicarious liability being imposed upon employers for wrongs committed by their employees; and the robust legal protections introduced by the Protected Disclosures Act 2014. Employment equality law also receives detailed treatment in this module, as does the termination of employment under both common law and statute.
The module concludes with a detailed analysis of remedies in employment law, with special emphasis on the distinctive body of law that continues to grow in the context of employment injunctions. Learning Outcomes:Having successfully completed this module, students should be able to:Identify and analyse the relationship between the different sources of Irish employment law and the various fora in which employment disputes are litigated;Appraise and evaluate the substantive legal principles in a number of distinct areas of employment law;Identify and evaluate the range of remedies available in employment litigation;Apply critical analysis and problem-solving skills and techniques to different essay and problem-based employment law questions.
Teaching: 3 hours of lectures per week and additional seminars in the 2nd SemesterLecturers: Dr. Desmond Ryan) 5 ECTSThis module examines the regulation of corporate and personal insolvency in Ireland.
As well as dealing with the legal structures that govern insolvency, this module engages with the social and political context of insolvency and its policy underpinnings. In respect of corporate insolvency topics covered include liquidation, receivership and examinership.
With regard to personal insolvency, the novel regime established by the Personal Insolvency Act 2012 is addressed and critiqued in detail by reference to the stated aims and purposes the legislation when originally introduced. This module has a strong focus on building skills for practice.
To that end, relevant aspects of practice and procedure are covered, and the module is assessed via a collaborative group exercise, and by a take home exam which will take the form of a legal opinion. Learning Outcomes: Identify and critically analyse the legal structures governing corporate and personal insolvency in Ireland.
Describe and understand relevant aspects of practice and procedure in Insolvency Law before the Irish courts. Carry out independent legal research in Insolvency Law and apply that research in providing complex legal advice.
Work collaboratively to solve legal problems in the area of Insolvency Law. Situate the law of insolvency in the wider social, political and policy context.
5 hours of lectures per week, 1st SemesterAssessment: Take Home Exam (80%), In-Class Group Problem Solving Exercise (20%)Pre-requisite: Company LawSpecial topic: the child in Irish law (custody, rights etc.
)Learning OutcomesIdentify the main sources of law in the Irish legal system Distinguish between the relative weight of different sources of lawDescribe and explain the doctrine of precedent in Irish lawDescribe and explain the jurisdiction of the Irish CourtsDescribe, explain and evaluate factors that affect the right of access to courtIdentify several jurisprudential theoriesDescribe and explain the key features and case law of Article 8 ECHRDescribe and explain basic features of Irish family law. Identify key facts and legal issues in problem question scenariosSolve problem questions using legal principles covered on the course.
Teaching: 2 hours of lectures per week in both semesters. Exchange/visiting students must take the module for the full academic year.
Assesments: Multiple Choice Exam; 10%, Examination 90% ( 1 x 2 hour paper)Lecturer: Dr Sarah ArduinTopics include:The Nature of Liability in TortThe Law of Negligence