Sample Module descriptors for the BCL (Law and Society) Dublin City University - Year 1 Module title Introduction to Law Module code 1 LG101 School/Faculty/Theme School of Law and Government Module co-ordinator Dr Michael Doherty Office number C227 Level 1 Credit rating 5 Module aims: The aim of this module is to enable students to develop their critical awareness of the economic, social and political context in which law operates. The module aims to explore the functions of law within society and how law both shapes, and is shaped by, wider social forces. On completion of the course, the student will be aware of the main foundations and features of both the common law legal system and the basic principles of Irish law. Learning outcomes At the end of this module students will be able to: Appreciate the role of law as a social, economic, cultural and political phenomenon Appreciate the key components of the Irish legal system, its connection with EU membership and its interaction with the international legal system. Appreciate the key principles of Irish law and how to locate and understand the sources of Irish law. Identify the main ways in which law is reported and understand the roles of the people working in the legal system. Make judgments about the application of legal principles to factual problem situations. Learn, through the use of assessment, legal research and writing skills. Indicative syllabus Introduction to the Irish Legal System & The Role of Law in Society The Legal Profession The Court System-Civil and Criminal Procedure and Jurisdiction Redress, Reform and Access to Law The Legislative Process The Doctrine of Precedent The Constitution- Interpretation and Rights Introduction to European Union Law Introduction to International Law Assessment 2 Group project 30% End-of-module examination 70% TOTAL 100% Indicative reading list Core Byrne & McCutcheon, The Irish Legal System, 4th ed. (Butterworths, 2001). All students should ensure they have access to this text. Students should also refer regularly to legal journals and periodicals; in particular: The Law Society Gazette The Bar Review Judicial Studies Institute Journal Lecture notes, links to journal articles and websites are posted on the module’s Moodle page (DCU’s online learning environment). Supplementary Hogan & Whyte, Kelly: The Irish Constitution, 4th ed. (Butterworths, 2003). Carolan, EU Law for Irish Students (Gill & Macmillan, 2004) Doolan, Principles of Irish Law, (Gill&Macmillan, 2003). Higgins & Tatham, Successful Legal Writing (Thomson Sweet & Maxwell, 2006) Knowles. & Thomas, Effective Legal Research (Thomson Sweet & Maxwell, 2006) Bradney, Cownie, Masson, Neal, & Newell, How to Study Law 5th ed. (Thomson Sweet & Maxwell, 2005) The following websites are good sources of information: www.courts.ie, www.irlgov.ie, www.bailii.org, http://www.irishlaw.org/, www.europa.eu.int 1 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 2 Include all relevant assessment elements and only relevant assessment elements. 1 Module descriptor Dublin City University - Year 1 LG118 Module title Foundations of Constitutional Law Module code 3 School/Faculty/Theme School of Law and Government Module co-ordinator Dr Yvonne Daly Office number C218A Level 1 Credit rating 5 Module aims This module aims: - to provide students with an understanding of the historical development and current operation of the Constitution and the State structure; - to familiarise students with basic concepts of constitutional law such as the separation of powers and the rules of constitutional interpretation; - to familiarise students with the workings of the three organs of State – legislative, executive and judicial – as well as other entities such as the Attorney General; - to give students the tools to critically analyse the decisions of the Irish courts on certain constitutional issues; - and to introduce students to the concept of constitutional rights. Learning outcomes At the end of this module, students will be able to: - outline the impact of the Constitution on the functioning of the State and the citizens of the State; - appreciate the relevance of Constitutional law in legal disputes and political issues; - understand the importance of the language used in the Constitution when subject to judicial interpretation; - critically assess the decisions of the Irish courts on certain constitutional matters, in a broad manner; - and, solve problems with reference to the provisions of the Constitution, case law, legislation and academic commentary. Indicative syllabus Introduction to Constitutionalism – the rule of law; the functions of a constitution; comparative analysis of constitutions Constitutional History - The 1922 Constitution and the 1937 Constitution in context Constitutional Interpretation – literal approach, harmonious approach, historical approach, purposive approach, and the theory of natural law; religion as an influence on the interpretation of the Irish Constitution The People, the Nation & the State – the concept of a nation; the independence of the State; the State as a legal person; sovereignty; the languages of the State The Separation of Powers Doctrine – legislature, executive, judiciary; exclusivity of roles; real-life blurring of the lines of separation. The Oireachtas – Article 15 and delegated legislation; composition & privileges; immunity of office; relations between the Dáil and the Seanad The Government and the Taoiseach – membership of the Government; functions of the Government; appointment of the Taoiseach; responsibilities of the Taoiseach; resignation of the Taoiseach; the Tánaiste; Ministers; executive privilege; collective responsibility; cabinet confidentiality. The Courts and the Constitution – guardians of the Constitution; appointment of judges; administration of justice in public; exclusive powers of the courts; exercise of a judicial function; independence of the judiciary Findings of Unconstitutionality – impact of finding of unconstitutionality; CC v Ireland [2006] IESC 33 Amendment of the Constitution – the amendment procedure; the Referendum; informing the voters – Irish controversy; challenging the Referendum result; halting the Referendum process; impugning an amendment; analysis of amendments to Irish constitution The President – electing the President; powers of the President; the Council of State; dismissing the President; Bills referred by the President to the Supreme Court (Article 26) External Influences on Irish Constitutional Law – the EU as a new legal order; the incorporation of the European Convention on Human Rights; the Good Friday Agreement and the Irish Constitution Introduction to Constitutional Rights – brief introduction to enumerated and unenumerated rights – enumerated rights (Family, Education, Religion, Freedom of Expression and Association, Private Property) unenumerated rights (emergence of the doctrine of unenumerated rights, bodily integrity, privacy, dignity, right to marry) Assessment 4 Group Project End-of-module examination TOTAL 30% 70% 100% 3 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 4 Include all relevant assessment elements and only relevant assessment elements. 2 Indicative reading list Core - Hogan, & Whyte, J.M. Kelly: The Irish Constitution, 4th edition, Dublin: Lexis Nexis Butterworths, 2003 - Casey, J., Constitutional Law in Ireland, 3rd edition, Dublin: Round Hall Sweet & Maxwell, 2000 - Lecture notes and links to relevant journal articles, case-law and websites will be available on the DCU Moodle page for this module. - Students should also regularly refer to relevant journals, such as the Irish Law Times, the Dublin University Law Journal, and the Bar Review. Supplementary - Forde, Constitutional Law, 2nd edition, Dublin: Round Hall Sweet & Maxwell, 2004 - Persson and Tabellini, The economic effects of constitutions, London: MIT Press, 2003 - Ryan, Constitutional law, Dublin: Round Hall Sweet & Maxwell, 2002 - Allan, Constitutional justice : a liberal theory of the rule of law, Oxford: OUP, 2001 - Murphy and Twomey (eds.), Ireland's Evolving Constitution, 1937 -1997: Collected Essays, Oxford: Hart Publishing, 1999 - Alexander (ed.), Constitutionalism: philosophical foundations, New York: Cambridge University Press, 1998 - Morgan, The Separation of Powers in the Irish Constitution, Dublin: Sweet and Maxwell, 1997 - Constitution Review Group (Chairman: T. K. Whitaker), Report of the Constitution Review Group, Dublin: Constitution Review Group, 1996 - Some useful electronic resources are: Justis, WestLaw IE, FirstLaw, LexisNexis, www.bailii.org, www.irishstatutebook.ie, www.lawreform.ie, www.courts.ie, www.echr.coe.int, www.irlgov.ie 3 Module descriptor Dublin City University - Year 1 Module title Foundations of Contract Law Module code 5 LG 121 School/Faculty/Theme School of Law and Government Module co-ordinator Dr Brenda Daly Office number C228 Level 1/3 Credit rating 5 Module aims This module introduces students to the principles of contract law. The aim of the module is to provide students with an understanding of the basic principles of contract law enshrined in both the common law and legislation. Students will acquire an understanding of the effect of legislative intervention on the common law principles of contract law. This module aims to provide students with an in-depth knowledge of the key concepts, methods and techniques that underpin the study of contract law. This will allow students to use this knowledge in order to understand, and analyse, real-world problems. Learning outcomes On completion of this module, students will be able to understand the purpose and function of contract law in society. Students will be familiar with the principles that underpin Irish contract law. They will know and understand the fundamental rules of contract law and demonstrate a sound knowledge of relevant case law and legislation. Students will be able to appreciate the legal framework within which agreements become legally binding contracts. In particular, students will be able to avoid or solve contractual disputes and problems by reference to case law and legislation. This module will enhance students’ legal and critical skills in the context of contract law. On successful completion of the module, students will be able to make judgments on the application of the relevant legal rules to hypothetical factual scenarios. Indicative syllabus Introduction to the Law of Contract – history of contract law; theories of contract law Formation of agreements: offers and invitations to treat; acceptance; unilateral contracts; termination of offers. Essential ingredients of enforceability: intention to create legal relations; consideration, promissory estoppel and legitimate expectation. The substance of the contract: terms; express and implied terms; exclusion of liability and exemption clauses. Vitiating factors: mistake; misrepresentation; capacity; duress; undue influence. Illegal Contracts; other void contracts; contracts in restraint of trade. Discharge of Contractual Relations: performance; agreement; frustration; breach. Enforcement of a contract. Contractual remedies: damages; equitable remedies; rescission. Contracts and third parties; agency. Legislation (indicative): Sale of Goods Act, 1890; Sale of Goods and Supply of Services Act, 1980; EC (Unfair Terms in Consumer Contracts) Regulations, 1995; Consumer Credit Act, 1995; Consumer Information Act, 1978. Types of contracts (indicative): contracts for the sale of goods, contracts for the supply of services; agency contracts, consumer credit contracts; restraint of trade contracts. Assessment 6 Essay 30% End-of-module examination 70% TOTAL 100% Indicative reading list Core Enright, (2007) Principles of Contract Law. Dublin: Clarus Press. Clark, (2004) Contract Law in Ireland. 5th ed. Dublin: Round Hall. Friel, (2000) The Law of Contract. 2nd ed. Dublin: Round Hall. Lecture notes, links to journal articles, case law and websites are posted on the module’s Moodle page (DCU’s online learning environment). Supplementary Smith, (2005) Atiyah’s Introduction to the Law of Contract. 6th ed. Oxford: Clarendon Press. Clark & Clarke, (2004) Contract Cases and Materials. 3rd ed. Dublin: Gill & Macmillan. Haigh, (2001) Essential Law Texts -Contract Law in an E-Commerce Age. Dublin: Round Hall. Keenan, (2004) Essentials of Irish Business Law. 4th ed. Dublin: Gill & Macmillan. 5 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 6 Include all relevant assessment elements and only relevant assessment elements. 4 Richards, (2006) Law of Contract. 7th ed. Pearson. Poole, (2004) Contract Law. 7th ed. Oxford: Oxford University Press. Treitel, (2003) The Law of Contract. 11th ed. London: Sweet & Maxwell. Friel, (2000) The Law of Contract. Dublin: Thomson Round Hall Higgins & Tatham, (2006) Successful Legal Writing. 1st ed. London: Thomson – Sweet & Maxwell Knowles, & Thomas, (2006) Effective Legal Research. 1st ed. London: Thomson – Sweet & Maxwell. Bradney et al. (2005) How to Study Law. 5th ed. London: Thomson – Sweet & Maxwell. The following websites are good sources of information: www.courts.ie www.irlgov.ie www.firstlaw.ie www.westlaw.ie www.irlii.org www.justis.com Journals: Commercial Law Practitioner The Law Society Gazette The Bar Review 5 Module descriptor Dublin City University - Year 1 Module title Foundations of Criminal Law Module code 7 LG325 School/Faculty/Theme School of Law and Government Module co-ordinator Dr Yvonne Daly Office number C218A Level 1/2 Credit rating 5 Module aims This module aims: - to acquaint students with the origins and purpose of criminal law, including an examination of ever-evolving definition of criminal behaviour; - to teach students the elements of a crime (actus reus, mens rea); - to teach students the common law rules and legislation regulating the criminal law, with an appreciation of the context in which such rules have developed; - to equip students with sufficient knowledge to determine criminal liability, construct defences and critically analyse the criminal law. Learning outcomes At the end of this module, students will be able to: - Appreciate the function of criminal law in society; - Understand the basic principles of criminal law, and the context of their development and application; - Understand the rules of criminal law and demonstrate knowledge of relevant case law and legislation; - Solve realistic problems with reference to case law and legislation; - Critique the development of Irish criminal law in relation to particular offences and defences. Indicative syllabus Introduction to the Criminal Justice System – origins and purpose of criminal law; evolving and changing definitions of criminal behaviour; brief introduction to criminological theories; Criminal Liability – burden and standard of proof; elements of a crime (actus reus, mens rea); secondary liability, including common design. Inchoate offences – attempt, incitement, conspiracy; defences to inchoate offences General defences – infancy, intoxication, insanity, automatism, self-defence, provocation, duress, necessity, entrapment, mistake, consent Offences against the Person (Fatal) – Murder and manslaughter – critical analysis of murder rates in Ireland Offences against the Person (Non-Fatal) – Non-Fatal Offences Against the Person Act, 1997: assault, reckless endangerment, false imprisonment, syringe attacks – societal influences on development of nonfatal offences Sexual Offences – sexual assault, aggravated sexual assault, rape, rape under section 4 – critical perspectives on sexual offences Offences against Property – Criminal Justice (Theft and Fraud Offences) Act, 2001: theft, robbery, burglary, handling stolen property, criminal damage Within this module there will also be an opportunity for students to participate in a tour of Mountjoy Prison. Assessment 8 Group Presentation 30% End-of-module examination 70% TOTAL 100% Indicative reading list Core - Hanly, An Introduction to Irish Criminal Law, 2nd Edition, Dublin: Gill and Macmillan, 2006 - Charleton, McDermott and Bolger, Criminal Law, Dublin: Butterworths, 1999 - Lecture notes and links to relevant journal articles, case-law and websites will be available on the DCU Moodle page for this module. - Students should also regularly refer to relevant journals, such as the Irish Criminal Law Journal, the Judicial Studies Institute Journal, and the Dublin University Law Journal Supplementary - Smith and Hogan, Criminal Law: Cases and Materials, 9th Edition, London: Oxford University Press, 2006 - Lacey and Wells, Reconstructing Criminal Law, 3rd Edition, Cambridge University Press, 2003 - McGreal, Criminal Justice (Theft and Fraud Offences) Act 2001, Dublin: Thomson/Round Hall, 2003 - Walsh, Criminal Procedure, Dublin: Thomson Round Hall, 2002 - O’Mahony (ed.), Criminal Justice in Ireland, Dublin: Institute of Public Administration, 2002 - Smith and Hogan, Criminal Law, 10th Edition, Croyden: Butterworths Tolley, 2002 - Norrie, Crime, Reason and History: A Critical Introduction to Criminal Law, 2nd Edition, Cambridge University Press, 2001 7 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 8 Include all relevant assessment elements and only relevant assessment elements. 6 - O’Donnell and O’Sullivan, Crime Control in Ireland: The Politics of Intolerance, Cork University Press, 2001 - McAuley and McCutcheon, Criminal Liability, Dublin: Round Hall, 2000 - Bibbings and Nicolson, Feminist Perspectives on Criminal Law, Routledge UK, 2000 - Bacik and O’Connell (eds.), Crime and Poverty in Ireland, Dublin; Round Hall, 1998 - O’Malley, Sexual Offences: Law, Policy and Punishment, Dublin: Round Hall/Sweet and Maxwell, 1996 - O’Mahony, Criminal Chaos, Dublin: Round Hall, 1996 - Fennell, Crime and Crisis in Ireland, Cork University Press, 1993 - Law Reform Commission Consultation Papers and Reports on criminal law issues, e.g. Report on Homicide: Murder and Involuntary Manslaughter (January 2008), Consultation Paper on Legitimate Defence (November 2006) - Some useful electronic resources are: Justis, WestLaw IE, FirstLaw, LexisNexis, www.bailii.org, www.irishstatutebook.ie, www.lawreform.ie, www.courts.ie, www.echr.coe.int 7 Module Descriptor Dublin City University - Year 1 Module title Foundations of Law and Legal Research Module code 9 LGXXX School/Faculty/Theme School of Law and Government Module co-ordinator Dr Olivia Smith/Dr Michael Doherty Office number C221/C227 Level 1 Credit rating 15 Module aims This module aims to introduce students to important legal doctrines and enable them to understand how to find, use and understand key legal sources. The module aims to equip students with important skills in terms of how to undertake library-based and empirical legal research The module aims to acquaint students with the key concepts and philosophical foundations that underlie legal reasoning and the function and role of law in the liberal state. The aim is to develop analytical techniques at the beginning of the programme, which will be developed as students progress through their degree. Small-group seminars will enable students to develop these skills Learning outcomes At the end of this module students will be able to: Know where to find, and how to utilise core legal sources in order to solve practical legal problems. Utilise the skills required to read and absorb case law and legislation. Use legal databases. Undertake legal research both in terms of traditional library based research and empirical work (qualitative and quantitative). Understand the key concepts underlying legal reasoning. Understand the philosophical foundations of contemporary law. Indicative syllabus 1. Uncovering legal sources-how to use the law library. The use of legal databases and the Internet as a tool of legal research Legal comprehension-reading legislation and case law, preparing case notes. Academic writing and research 2. Introduction to legal research methods Quantitative legal research- interviewing, focus groups, case study research skills. Quantitative legal research- compiling and analysing statistical data, introduction to STATA The process of law reform Understanding legal reasoning 3. The Role of Law in the Liberal State - the social bases of law - law as an instrument of social change - laws as an integrative mechanism - law, power and ideology - Challenges to law’s liberalism Assessment 10 Legal Comprehension Test 30% Group Project (research methods) 40% Essay 30% TOTAL 100% Indicative reading list Core: Higgins & Tatham, Successful Legal Writing (Thomson Sweet & Maxwell, 2006) Knowles. & Thomas, Effective Legal Research (Thomson Sweet & Maxwell, 2006) Bradney, Cownie, Masson, Neal, & Newell, How to Study Law 5th ed. (Thomson Sweet & Maxwell, 2005) Freeman, Law and Sociology. (Oxford, 2006) Cotterrell, The Sociology of Law: An Introduction. 2nd ed. (Oxford, 2005) Cotterrell, Law, Culture And Society: Legal Ideas in the Mirror of Social Theory. (Ashgate, 2006) Sarat, The Blackwell Companion to Law and Society (Blackwell, 2004) Harris, Legal Philosophies 2n ed. Supplementary: Tamanaha, Law as a Means to an End: Threat to the Rule of Law (Cambridge, 2006) Banakar & Travers, An Introduction to Law and Social Theory. (Oxford: Hart, 2002) Banakar & Travers, Theory and Method in Socio-Legal Research. (Oxford: Hart, 2005) 9 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 10 Include all relevant assessment elements and only relevant assessment elements. 8 Jolliffe, Ritter, & Stevens The Online Learning Handbook: Developing and Using Web-Based Learning (Kogan Page, 2001) Gilbert, Researching Social Life (2001) Hamilton, Data Analysis for Social Scientists (Duxbery, 1996) Hamilton, Statistics With STATA (Duxbery, 2006) Yin, Case Study Research: Design and Methods (Sage, 2003) Patton, Qualitative Research and Evaluation Methods 3rd ed (Sage, 2002) Mauthner, Birch, Jessop & Miller, Ethics in Qualitative Research (Sage, 2002) 9 Module descriptor Dublin City University - Year 1 Module title Advanced Constitutional Law Module code 11 LG XXX School/Faculty/Theme School of Law and Government Module co-ordinator Dr Yvonne Daly Office number C218A Level 1 Credit rating 5 Pre-requisite(s) 12 Foundations of Constitutional Law Module aims This module aims to build upon the understanding of Irish constitutional law which students will have acquired in the Foundations of Constitutional Law module. This module examines certain matters which have been significant and, at times, controversial in the development of Irish constitutional jurisprudence. By examining these matters, and critically analysing the application of the Constitution thereto, students will gain an enhanced awareness of the importance of the Constitution in our society and the far-reaching ambit of its application. Learning outcomes At the end of this module, students will be able to: - outline and discuss some of the most significant elements of Irish constitutional law which have emerged in recent times; - identify the approach which the Irish judiciary have adopted to their role as guardians of the Constitution; - understand and analyse the use of various judicial doctrines in the interpretation and application of the Constitution; - critically assess the decisions of the Irish courts on certain constitutional matters, in a broad manner; - and, solve problems with reference to the provisions of the Constitution, case law, legislation and academic commentary. Indicative syllabus Judicial activism, the Constitution and Democracy – analysis of the Irish judiciary and their impact on the application of the Constitution; Is judicial activism itself in contravention of the Constitution?; changing attitudes towards judicial activism. The Family and Education – women and the Constitution; the family and the Constitution; education for disabled persons; definition of the “child”; State interference with authority of the family; the Constitution and divorce Unenumerated rights and socio-economic rights – does the Irish Constitution allow for the acknowledgement of socio-economic rights?; influence of separation of powers and judicial deference; judicial doctrines as smoke-screens? Religion and the Irish Constitution – impact of religion on drafting of the Constitution; impact of religion on the interpretation of the Constitution; freedom of religion under the Constitution in 21st century Ireland Abortion and the Constitution – comparison of US and Irish abortion laws under the respective Constitutions; historic and cultural influences; political influences; judicial decisions Equality – the limited constitutional protection of the right to equality; comparative equality protections in other constitutions Article 26 References and the decisions of the Supreme Court – an analysis of the decisions of the Supreme Court in relation to some of the Bills referred to it by the President under Article 26; this allows for the exploration of a range of disparate constitutional issues, e.g. the right to liberty and the right to silence (In re the Criminal Justice Bill, 2007), the constitutional rule against retrospective laws (In re the Health (Amendment)(No. 2) Bill, 2004 ), socio-economic rights (In re the Employment Equality Bill, 1996), the issue of abortion (In re the Regulation of Information (Services Outside the State for Termination of Pregnancies) Bill, 1995). Assessment 13 Essay 30% End-of-module examination 70% TOTAL 100% Indicative reading list Core - Hogan & Whyte, J.M. Kelly: The Irish Constitution, 4th edition, Dublin: Lexis Nexis Butterworths, 2003 - Casey, Constitutional Law in Ireland, 3rd edition, Dublin: Round Hall Sweet & Maxwell, 2000 - Lecture notes and links to relevant journal articles, case-law and websites will be available on the DCU Moodle page for this module. 11 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 12 The title(s) and code(s) of any module(s) that must be completed before this module can be taken. 13 Include all relevant assessment elements and only relevant assessment elements. 10 - Students should also regularly refer to relevant journals, such as the Irish Law Times, the Dublin University Law Journal, and the Bar Review. Supplementary - Doyle, Constitutional Equality Law, Dublin: Thomson Round Hall, 2004 - Forde, Constitutional Law, 2nd edition, Dublin: Round Hall Sweet & Maxwell, 2004 - Persson and Tabellini, The Economic Effects of Constitutions, London: MIT Press, 2003 - Ryan, Constitutional Law, Dublin: Round Hall Sweet & Maxwell, 2002 - Morgan, A Judgment Too Far? Judicial Activism and the Constitution, Undercurrents Series, CUP, 2001 - Allan, Constitutional Justice: A Liberal Theory of the Rule of Law, Oxford: OUP, 2001 - Murphy and Twomey (eds.), Ireland's Evolving Constitution, 1937 -1997: Collected Essays, Oxford: Hart Publishing, 1999 - Alexander (ed.), Constitutionalism: Philosophical Foundations, New York: Cambridge University Press, 1998 - Morgan, The Separation of Powers in the Irish Constitution, Dublin: Sweet and Maxwell, 1997 - Constitution Review Group (Chairman: T. K. Whitaker), Report of the Constitution Review Group, Dublin: Constitution Review Group, 1996 - Some useful electronic resources are: Justis, WestLaw IE, FirstLaw, LexisNexis, www.bailii.org, www.irishstatutebook.ie, www.lawreform.ie, www.courts.ie, www.echr.coe.int, www.irlgov.ie 11 Module descriptor Dublin City University - Year 1 Advanced Contract Law Module title Module code 14 LGXXX School/Faculty/Theme School of Law and Government Module co-ordinator Dr Brenda Daly Office number C228 Level 1 Credit rating 5 Pre-requisite(s) 15 Foundations of Contract Law Co-requisite(s) 16 Module aims The purpose of this module is to provide students with a broader vision of the conceptual design of Contract Law. This module aims to develop students’ ability to critically assess the social, economic and political contexts that impact upon the development and operation of contract law. Learning outcomes On successful completion of this module, students will have a comprehension of the various theoretical approaches that are of influence in Contract Law. Students will develop the requisite analytical and critical thinking skills. Students will be able to expound and criticise important ideas and schools of thought, and will develop an ability to articulate and justify a coherent and considered argument on those issues which are pertinent in the relationship between contract and the law. Students will develop their own views on important general issues relating to legal theory and its impact upon contract law. On successful completion of this module, students will have the ability to find, analyse and apply relevant materials; ability to produce succinct, cogent written and oral arguments. Indicative syllabus Consideration of the philosophical, social and economic influences and perspectives as an aid to understanding the basis of contracts Theoretical approaches to contract law – economic, liberal and relational theories Contemporary critiques of contract Feminist perspectives on contract law Consumerism and its influence on contract law The evolution of the internet: the implications and impact for contract law Assessment 17 Essay 50% End-of-module examination 50% TOTAL 100% Indicative reading list Core Kimel. (2005) From Promise to Contract -Towards a Liberal Theory of Contract. Oxford: Hart Publishing. Macneil, & Campbell, (2001) The Relational Theory of Contract: Selected Works of Ian Macneil. London: Sweet & Maxwell. Mulcahy, & Wheeler, (2005) Feminist Perspectives on Contract. London: Cavendish Publishing. Mulcahy, & Tillotson, (2004) Contract Law in Perspective. Routledge-Cavendish. Stone, (2005) The Modern Law of Contract. London: Routledge-Cavendish. Lecture notes, links to journal articles, case law and websites are posted on the module’s Moodle page (DCU’s online learning environment). Supplementary Atiyah & Selim, (1979) The Rise and Fall of Freedom of Contract. Oxford : Clarendon. Collins, (2003) The Law of Contract. Cambridge: Cambridge University Press. Smith, (2005) Atiyah’s Introduction to the Law of Contract. 6th ed. Oxford: Clarendon Press. Higgins & Tatham, (2006) Successful Legal Writing. 1st ed. London: Thomson – Sweet & Maxwell Knowles & Thomas, (2006) Effective Legal Research. 1st ed. London: Thomson – Sweet & Maxwell. Bradney, et al. (2005) How to Study Law. 5th ed. London: Thomson – Sweet & Maxwell. 14 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 15 The title(s) and code(s) of any module(s) that must be completed before this module can be taken. 16 The title(s) and code(s) of any module(s) that must be taken at the same time as this module. 17 Include all relevant assessment elements and only relevant assessment elements. 12 The following websites are good sources of information: www.courts.ie www.irlgov.ie www.firstlaw.ie www.westlaw.ie www.irlii.org www.justis.com Journals: Bar Review Commercial Law Practitioner Law Quarterly Review Law Society Gazette Modern Law Review Oxford Journal of Legal Studies 13 Module descriptor Dublin City University - Year 1 Module title Advanced Criminal Law Module code 18 LG XXX School/Faculty/Theme School of Law and Government Module co-ordinator Dr Yvonne Daly Office number C218A Level 1 Credit rating 5 Pre-requisite(s) 19 Foundations of Criminal Law Co-requisite(s) 20 None Module aims This module aims: - to build upon the understanding of the criminal law and the criminal justice system which students will have acquired in the Foundations of Criminal Law module; - to teach students about the theories of crime and punishment, as well as theories which focus on the development of the criminal justice system; - to provide a deeper analysis of the development of particular criminal offences and the methods of addressing such offences, through the study of case-law and legislation, as well as the application of criminological theories; - to teach students about the punishments available for criminal offences and the changing emphasis on such punishments which has occurred from time to time, again with reference to case-law and legislation, as well as societal influences and theory. Learning outcomes At the end of this module, students will be able to: -show an advanced level of understanding of the basis of criminal liability, selected offences and selected defences to criminal charges - understand and discuss confidently the main criminological and criminal justice theories; - account for many of the changes in the criminalisation and punishment of certain activities in Ireland (and other jurisdictions); - apply criminological and criminal justice theories to the development of the Irish criminal justice system, with reference to relevant case-law, legislation and societal influences; - and, apply case-law and legislation, as well as theory, to criminal law problems. Indicative time allowances 21 Hours Lectures 22 24 Tutorials Laboratories Seminars Independent learning time 51 TOTAL 75 Indicative syllabus Criminological and Criminal Justice Theories: – Feminist criminology, Radical and Critical criminology, Environmental criminology, Packer’s Crime Control and Due Process models, Criminal Justice as Politics, Late-modern theories of criminal justice (managerialism/privatisation/control). Societal reaction to crime, crime and the media, politics and crime. Advanced mens rea and actus reus : A deeper look at the basis of criminal liability than that carried out in Foundations of Criminal Law, including discussion of modern –day issues such as the criminalisation of transmitting sexually transmitted diseases: intention, recklessness, negligence Advanced Defences: -Focus on the defence of Provocation, including Battered Wives Syndrine -Focus on the defence of Self-Defence, including the defeince of the home Advanced Offences: -Sexual Offences: crisis in relation to statutory rape: CC v Ireland, Criminal Justice (Sexual Offences) Act, 2006, Criminal Justice (Sexual Offences) Amendment Act, 2007 18 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 19 The title(s) and code(s) of any module(s) that must be completed before this module can be taken. 20 The title(s) and code(s) of any module(s) that must be taken at the same time as this module. 21 Assume that a 5-credit module load represents approximately 75 hours’ work, which includes all teaching, in-course assignments, laboratory work or other specialised training and estimated private learning time. 22 Include all relevant activities and only relevant activities. 14 -Terrorism and the response of the criminal law – an analysis of modern-day criminal law responses to the increased threat of terrorism both in this jurisdiction and others. -Murder and Manslaughter: advanced analysis of the need for change in this area and related issues such as gun and knife crime Development of Irish criminal justice system and criminal law: – criminalisation and de-criminalisation of certain offences (homosexuality, contraception, syringe offences, rape as a gendered offence); – changes in trial and punishment (victim impact statements, juvenile justice, compensation orders); – moves away from reliance on criminal law (e.g. Criminal Assets Bureau, ASBOs). Within this module there will also be an opportunity for students to participate in a tour of Mountjoy Prison. Assessment 23 Essay 30% End-of-module examination 70% TOTAL 100% Indicative reading list Core - Maguire, Morgan and Reiner (eds.), The Oxford Handbook of Criminology, 4th edition, Oxford: OUP 2007 - O’Mahony (ed.), Criminal Justice in Ireland, Dublin: Institute of Public Administration, 2002 - Walsh, Criminal Procedure, Dublin: Thomson Round Hall, 2002 - Charleton, McDermott and Bolger, Criminal Law, Dublin: Butterworths, 1999 - Lecture notes and links to relevant journal articles, case-law and websites will be available on the DCU Moodle page for this module. - Students should also regularly refer to relevant journals, such as the Irish Criminal Law Journal, the Judicial Studies Institute Journal, and the British Journal of Criminology. Supplementary Smith and Hogan, Criminal Law: Cases and Materials, 9th ed. London: Oxford University Press, 2006 - Lanier, The Impact of HIV/AIDS on Criminology and Criminal Justice, Aldershot: Ashgate, 2006 - Nicola and Wells, Reconstructing Criminal Law, 3rd Edition, Cambridge University Press, 2003 - O’Donnell and O’Sullivan, Crime Control in Ireland: The Politics of Intolerance, Cork University Press, 2001 - Garland, The Culture of Control :Crime and Social Order in Contemporary Society, Oxford: OUP, 2001 - Pavlich, Critique and Radical Discourses on Crime, Aldershot: Ashgate Dartmouth, 2000 - Bibbings and Nicolson, Feminist Perspectives on Criminal Law, Routledge UK, 2000 - Bacik and O’Connell (eds.), Crime and Poverty in Ireland, Dublin; Round Hall, 1998 - Nicola and Wells, Reconstructing Criminal Law, 2nd Edition, Butterworths UK, 1998 - Daly and Maher (eds.), Criminology at the Crossroads : Feminist Readings in Crime and Justice, Oxford: Oxford University Press, 1998 - O’Mahony, Criminal Chaos, Dublin: Round Hall, 1996 - Fennell, Crime and Crisis in Ireland, Cork University Press, 1993 - Packer, The Limits of the Criminal Sanction, Stanford: Stanford University Press, 1967 - Some useful electronic resources are: Justis, WestLaw IE, FirstLaw, LexisNexis, www.bailii.org, www.irishstatutebook.ie, www.lawreform.ie, www.courts.ie, www.echr.coe.int 23 Include all relevant assessment elements and only relevant assessment elements. 15 Module descriptor Dublin City University - Year 1 Module title Moot Court Module code 24 LG124 School/Faculty/Theme School of Law and Government Module co-ordinator Dr Yvonne Daly Office number C218A Level 1 Credit rating 5 Pre-requisite(s) 25 Co-requisite(s) 26 Module aims This module aims to give students an understanding of the law in action in the courts, by providing them with the opportunity to represent the parties to a hypothetical case, to prepare written arguments and to deliver those arguments by way of oral presentation to a Moot Court. By requiring active research, preparation of written memorials and presentation of oral submissions, the Moot Court programme develops students’ ability to construct cogent legal arguments and improves advocacy skills. Learning outcomes At the end of this module students will - understand how legal arguments are constructed based on legal materials (statute law, case law, the Constitution); - understand how memorials of written arguments are drafted; - understand how oral submissions are properly made to the court. - have a deeper insight into some of their substantive law subjects as the hypothetical case examined will reflect issues addressed in other law courses; - appreciate the reality of the law in action; - have a greater understanding of the importance of diligent legal research; - and, be confident in presenting and defending legal arguments by way of oral presentation. Indicative syllabus Introduction - What is a Moot Court? Why participate in a Moot Court? Benefits of Mooting; outline of research materials (statute law, case law, Constitution, ECHR, EU law) Mini-Moot – Students will take part in a practice moot on an area of law distinct from the main moot topic, but related to other substantive law subjects which they are studying; no written memorials required; group research and oral presentation and defence of legal arguments Main Moot - Introduction to the issues raised in the Main Moot – these issues will be drawn from other substantive law subjects being studied by the students; group research, preparation of memorial and oral presentation; information on creating a memorial; correct written citation; structuring a memorial; information on presenting oral submissions to the court; correct form of address; useful phrases; practice sessions will be held. Main Moot Presentations - Students present oral submissions to the court. Assessment 27 Memorial (group mark) 20% Moot Court presentation (individual mark) 80% TOTAL 100% Indicative reading list Core - Primary legal materials which will vary from year to year, dependant on the issues raised in the Moot Court problem - Lecture notes and links to relevant journal articles, case-law and websites will be available on the DCU Moodle page for this module. Supplementary - Dependant on issues raised in Moot Court problem - O’Malley, Sources of Law, Dublin: The Round Hall Press, 1993 - Snape, How to Moot: A Student Guide to Mooting, Oxford University Press, 2004 - Some useful electronic resources are: Justis, WestLaw IE, FirstLaw, LexisNexis, www.bailii.org, www.irishstatutebook.ie, www.lawreform.ie, www.courts.ie, www.echr.coe.int 24 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 25 The title(s) and code(s) of any module(s) that must be completed before this module can be taken. 26 The title(s) and code(s) of any module(s) that must be taken at the same time as this module. 27 Include all relevant assessment elements and only relevant assessment elements. 16 Module descriptor Dublin City University - Year 1 Family, Law and Society LGXXX School of Law and Government Dr Adam McAuley C223 1 Credit rating Module title Module code 28 School/Faculty/Theme Module co-ordinator Office number Level 5 Module aims The aim of this module is to enable the student to evaluate the existing legal regulation of familial relationships. The module aims to provide students with the skills to assess the relevance of the existing legal regulation to the different types of familial relations in Irish society. The module aims to provide students with a knowledge and critical appreciation of, the substantive rules of the subject area in this complex and evolving area of law. The module aims to enhance students’ legal and critical skills of family law. Learning outcomes At the end of this module, students will be able to: Understand the regulation of familial relationships Research and write a legal essay on a family law topic Consider how to reform Irish family law in order to regulate all familial relationships in Irish society Access and evaluate complex primary sources of law relating to family law in Irish society Make judgements on the application of the legal rules to hypothetical factual scenarios Appreciate how this module relates to other modules such as the Foundations of Constitutional Law Indicative time allowances 29 Indicative syllabus Legal regulation of familial relationships of adults: Marriage, same sex unions and cohabitation Legal regulation of familial relationship between child and his or her “parents”: Marital child, non-marital child, adopted child, child born through donated gamete(s) or embryo, and step-child Legal regulation of familial relationship between adult with intellectual disability and family members Marriage: Nullity, Separation Agreements, Judicial Separation and Divorce Maintenance of dependant child, spouse or cohabitee Domestic Violence Child Abduction State’s responsibility to protect children and adults with intellectual disabilities from familial abuse or neglect International, Comparative and European Union family law A study on the evolution of one designated area of family law in its social and economic context i.e. Judicial separation, domestic violence, cohabitation etc. This area will change on an annual basis Assessment 30 Essay 30% End-of-module examination 70% TOTAL 100% Indicative reading list Core Nestor, (2007) An Introduction to Irish Family Law. 3rd ed. Dublin: Gill and Macmillan Law Society of Ireland (2003) Family Law. 2nd ed. Oxford University Press Shatter, (1997) Family Law. 4th ed. Tottel Publishing Freeman, (2007) Understanding Family Law. London: Sweet and Maxwell Shannon, Family Law Practitioner(Looseleaf). Dublin: Thomson Round Hall Lecture notes, links to journal articles, case law and websites are posted on the module’s Moodle page (DCU’s online learning environment). Supplementary Barlow et al. (2005) Cohabitation, Marriage and the Law: Social Change and Legal Reform in the 21st Century. Hart Publishing Herring (ed), (2001) Family Law: Issues, Debates, Policy. Willan Publishing Higgins, & Tatham, (2006) Successful Legal Writing. 1st ed. London: Thomson – Sweet & Maxwell 28 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 29 Assume that a 5-credit module load represents approximately 75 hours’ work, which includes all teaching, in-course assignments, laboratory work or other specialised training and estimated private learning time. 30 Include all relevant assessment elements and only relevant assessment elements. 17 Knowles, & Thomas, (2006) Effective Legal Research. 1st ed. London: Thomson – Sweet & Maxwell. Bradney, Cownie, Masson, Neal & Newell, (2005) How to Study Law. 5th ed. London: Thomson – Sweet & Maxwell. The following websites are good sources of information: www.courts.ie, www.irlgov.ie,www.firstlaw.ie, www.westlaw.ie, www.irlii.org, www.justis.com Journals: Irish Journal of Family Law Child and Family Law Quarterly International Journal of Law, Policy and the Family International Survey of Family Law 18 Module descriptor Dublin City University - Year 2/3 Foundation Torts LG216 School of Law and Government Dr Michael Doherty C227 2/3 5 Module title Module code 31 School/Faculty/Theme Module co-ordinator Office number Level Credit rating Module aims This module introduces the key concepts and methods of tort law and provides examples and explanations of the key procedural steps in the life of a tort case. The aim of the module is to acquaint students with the role of the law of torts as means of either apportioning blame or compensating for loss and/or injury. The module will provide students with an understanding of the basic principles of torts as laid down in the common law rules and in legislation. Learning outcomes At the end of this modules students will be able to: Appreciate the function of the law of torts and understand the principles that underpin this area of Irish law. Appreciate the differences between tortious wrongs and other legal wrongs Explain and understand specific torts and solve problems by reference to both case law and legislation. Indicative syllabus Part I Overview of the Law of Torts Function and role of torts, differences with other areas of law Negligence-Duty of Care, Standard of Care, Remoteness, Causation, Affirmative duties, Omissions Part II Procedure - Taking a case in Tort - Vicarious Liability - Defenses - Remedies - Part III Specific Torts - Business & Economic Torts- Economic Loss, Liability for Defective Products - Torts Affecting Land- Occupiers’ Liability, Nuisance and the Rule in Rylands v Fletcher - Torts Affecting Reputation- Defamation - Torts & Bodily Integrity- Nervous Shock Assessment 32 Group project 30% End-of-module examination 70% TOTAL 100% Indicative reading list Core McMahon & Binchy, Irish Law of Torts, 3rd ed. (Butterworths, 2000) McMahon and Binchy, Case book on the Irish Law of Torts 3rd ed. (Tottel, 2005) Quill, Torts in Ireland, 2nd ed. (Gill and Macmillan, 2004) Students should also refer regularly to legal journal and periodicals; in particular: Quarterly Review of Tort Law Irish Law Times Judicial Studies Institute Journal Lecture notes, links to journal articles and websites are posted on the module’s Moodle page (DCU’s online learning environment). Supplementary Byrne and Binchy, Annual Review of Irish Law (published since 1987, Round Hall) Murphy, Street on Torts, 12th ed. (Oxford, 2007) Healy, Principles of Irish Torts (Clarus, 2006) Quinlivan & Connolly, Tort - Cases & Materials, (Round Hall, 2006) The following websites are good sources of information:www.bailii.org, http://www.irishlaw.org/ 31 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 32 Include all relevant assessment elements and only relevant assessment elements. 19 Module descriptor Dublin City University – Year 2/3 Foundations of EU Law LG318 School of Law and Government Dr Michael Doherty C227 2/3 5 Module title Module code 33 School/Faculty/Theme Module co-ordinator Office number Level Credit rating Module aims The module aims to acquaint students with the objectives and functions of the EU, with its historical and future development, and teach students about the manner in which the objectives of the EU are pursued. Students will also learn about the nature of rights conferred by the Treaties of the European Union. The module explores the tension between the various economic, political, social and cultural facets of EU law Learning outcomes At the end of this modules students will be able to: Appreciate the history and development of European integration, and know and understand the constitutional basis of the EU, the function of each EU institutional body and the law making process. Understand the impact of EU law on national legal systems and how the systems of EU and national law interact. Appreciate the social, economic and political perspectives that underlie developments in EU law. Indicative syllabus Part I Constitutional and Institutional Law - European Integration-Constitutionalism, Sovereignty and Federalism - Sources and Nature of European Union Law-EU Legislation & The Supremacy of EU Law - EU Institutions - Law Making in the EU-Competence, Subsidiarity and Proportionality - General Principles of EU Law-Fundamantal Rights - Sovereignty and Federalism-The Effect of EU Law - Judicial Relations in the EU-Article 234 Part II Administrative Law - Accountability in the EU Part III Social & Economic Law - Law, Policy and Socio-economic Governance - Free Movement of Persons - Free Movement of Goods - Free Movement of Services Indicative reading list Core Shaw, Hunt & Wallace, Economic and Social Law of the European Union (Macmillan, 2007) Craig & de Burca, EU Law: Text, Cases and Materials, 4th ed (Oxford, 2007) Chalmers, Hadjiemmanuil, Monti & Tomkins, European Union Law, (Cambridge, 2006) Ward, A Critical Introduction to EU Law 2nd ed (Cambridge, 2003) Students should also refer regularly to legal journal and periodicals; in particular: The Common Market Law Review European Law Journal European Law Review Lecture notes, links to journal articles and websites are posted on the module’s Moodle page (DCU’s online learning environment). Supplementary Smismans, Law, Legitimacy and European Governance (Oxford, 2004) Hartley, European Union Law in a Global Context, (Cambridge, 2004) Weatherill, Cases and materials on EU law, 8th ed (Oxford, 2007) Barnard, The Substantive Law of the EU: The Four Freedoms 2nd ed (Oxford, 2007) Steiner, Woods, & Twigg-Flesner, EU Law, 9th ed (Oxford, 2006) The following websites are good sources of information: www.europa.eu http://eur-lex.europa.eu http://curia.europa.eu 33 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 20 Module descriptor Dublin City University – Year 2 Module title Law, Inequality and Social Exclusion Module code 34 LGXXX School/Faculty/Theme School of Law and Government Module co-ordinator Dr Olivia Smith Office number C 221 Level 2 Credit rating 5 Module aims This module critically assesses the themes of disenfranchisement and exclusion across Irish and the wider global society. It investigates the role of law in addressing and/or perpetuating the phenomenon of social exclusion and inequality using case-studies from across an array of legal subjects. It will also draw on comparative and international law perspectives. Learning outcomes Students will be able to appreciate the causes and consequences of the phenomenon of social exclusion Students will be able to critically evaluate the role of law in responding to and, in some cases, perpetuating this phenomenon Students will obtain insight into the work of non-governmental organisations and other agencies working in this area – guest lecturers will provide practical insights for students in this regard. Students will appreciate the importance of advocacy and research in the push for law reform and change. Indicative syllabus Introduction: The Causes and Consequences of Social Exclusion and Inequality: Measuring Exclusion and Inequality, Globally and Locally Responses of the Liberal State: The Law and Ideology of the Welfare State Changing Paradigms – The Role and Limitations of Social and Economic Rights Access to Justice: Public Interest Litigation and Advocacy Case Study 1: Access to Housing and Traveller Accommodation Case Study 2: Asylum Law and Policy Case Study 2: Education Rights and Vulnerable Children Indicative Reading List Core Whyte, Social Inclusion and the Legal System Public Interest Law in Ireland (Dublin: IPA, 2002) Cousins, Social Welfare Law (Dublin: Roundhall, 2002) Students will be referred to legal journals, periodicals and research reports throughout the module. Lecture material will be placed on the module page on Moodle (DCU’s on line learning environment) Supplementary O’Mahony, Educational Rights in Irish Law (Dublin: Roundhall Thomson, 2006) Ryan and Cubie, Immigration, Refugee and Citizenship Law in Ireland (Dublin: Roundhall, 2004) Binchy and Sarkin (eds.) Human Rights, the Citizen and the State (Dublin: Roundhall, 2001) Francioni (ed.), Access to Justice as a Human Right (Oxford: OUP, 2007) Armstrong, Governing Social Inclusion: The Law and Politics of EU Co-ordination (Oxford: Oxford University Press, 2009) Assessment 35 Essay 50% End-of-module examination 50% 34 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 35 Include all relevant assessment elements and only relevant assessment elements. 21 Module descriptor Dublin City University – Year 2 Advanced Torts School of Law and Government Dr Michael Doherty 2 Foundation Torts LG216 LGXXX Module title Module code 36 School/Faculty/Theme Module co-ordinator Office number C227 Level Credit rating 5 Pre-requisite(s) 37 Module aims This module builds on Foundation Torts (LG216) by exploring further the function and role of the law of torts in contemporary society The module will examine in depth the public policy considerations that underlie the law of torts, in particular the requirement for torts law to balance the freedom to take action with the social need for the containment of risks. The module will provide students with enhanced understanding of the principles of torts as laid down in the common law rules and in legislation. Learning outcomes At the end of this module students will be able to: Appreciate the different policy considerations that underpin rules governing the law of torts Evaluate and contrast different critical perspectives on the law of torts Explain and understand specific torts and solve problems by reference to both case law and legislation. Indicative syllabus Part I Overview of the Law of Torts - Critical perspectives on Torts (Economic, Feminist, Social Justice) Part II Procedure - Damages Part III Specific Torts - Business & Economic Torts- Employer’s Liability, Professional Negligence I, Passing Off, Interference with Business Relations - Torts Affecting Land- Defective Premises, Trespass to Land - Torts Affecting Reputation- Privacy, Deceit and Injurious Falsehood - Torts & Bodily Integrity- Trespass to the Person, Professional Negligence II (Medical Negligence) - Public Authorities & Statutory Duties- Liability of Public Authorities, Breach of Statutory Duties Assessment 38 Essay 50% End-of-module examination 50% TOTAL 100% Indicative Reading List Core McMahon & Binchy, Irish Law of Torts, 3rd ed. (Butterworths, 2000) McMahon and Binchy, Case book on the Irish Law of Torts 3rd ed. (Tottel, 2005) Quill, Torts in Ireland, 2nd ed. (Gill and Macmillan, 2004) Students should also refer regularly to legal journal and periodicals; in particular: Quarterly Review of Tort Law Irish Law Times Judicial Studies Institute Journal Lecture notes, links to journal articles and websites are posted on the module’s Moodle page (DCU’s online learning environment). Supplementary Bottemley, Feminist Perspectives on the Foundational Subjects of Law(Taylor & Francis, 2004) Stevens, Torts and Rights (Oxford, 2007) Galligan et al, Tort Law: Cases, Perspectives, and Problems 4th ed (LexisNexis, 2007) Byrne and Binchy, Annual Review of Irish Law (published since 1987, Round Hall) Murphy, Street on Torts, 12th ed. (Oxford, 2007) Healy, Principles of Irish Torts (Clarus, 2006) Quinlivan & Connolly, Tort - Cases & Materials, (Round Hall, 2006) The following websites are good sources of information: www.bailii.org, http://www.irishlaw.org/ 36 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 37 The title(s) and code(s) of any module(s) that must be completed before this module can be taken. 38 Include all relevant assessment elements and only relevant assessment elements. 22 Module descriptor Dublin City University – Year 1 Advanced EU Law LGXXX School of Law and Government Dr Michael Doherty C227 1 5 Foundations of EU Law LG318 Module title Module code 39 School/Faculty/Theme Module co-ordinator Office number Level Credit rating Pre-requisite(s) 40 Module aims This module builds on Foundations of EU Law (LG318) by exploring further constitutional, administrative, social and economic aspects of EU law and policy. The module aims to reflect critically on the nature of EU law and the place of Europe within current debates about globalisation and the 'new world order'. The module aims to discuss critically ‘newer’ areas of EU competence such as the Area of Freedom, Security and Justice and ‘new’ forms of law-making in the EU. The module analyses further the various social, economic and political underpinnings of EU law, focusing particularly on issues of citizenship and identity The module introduces and analyses the role of the EU in regard to competition law and policy Learning outcomes At the end of this module students will be able to: Reflect critically on the reach and impact of EU law on issues of sovereignty, identity, and fundamental rights. Critically assess the possible future development of the EU in areas such as foreign policy, defence, and justice and home affairs. Appreciate the social, economic and political perspectives that underlie developments in EU law. Appreciate the detailed requirements of EU competition law and will be aware of the dynamic nature of changing developments in this area. Indicative syllabus Part I Constitutional and Institutional Law - New Forms of Governance- From Hard to Soft Law Part II Administrative Law Enforcement of EU Law Judicial Review in the EU The Area of Freedom, Security and Justice Part III Social & Economic Law Discrimination Law in the EU EU Citizenship Fortress Europe- Non-EU Nationals Part IV Competition Law & Policy EC Competition Law-Functions & Enforcement Anti-Competitive Practices Abuse of a Dominant Position State Aids & Public Goods Mergers Assessment Essay 50% End-of-module examination 50% TOTAL 100% Indicative reading list Core Shaw, Hunt & Wallace, Economic and Social Law of the European Union (Macmillan, 2007) Whish, Competition Law, 6th ed. (LexisNexis, 2008) Craig & de Burca, EU Law: Text, Cases and Materials, 4th ed (Oxford, 2007) Chalmers, Hadjiemmanuil, Monti & Tomkins, European Union Law, (Cambridge, 2006) Ward, A Critical Introduction to EU Law 2nd ed (Cambridge, 2003) Students should also refer regularly to legal journal and periodicals; in particular: 39 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 40 The title(s) and code(s) of any module(s) that must be completed before this module can be taken. 23 The Common Market Law Review European Law Journal European Law Review Journal of Competition Law and Economics Lecture notes, links to journal articles and websites are posted on the module’s Moodle page (DCU’s online learning environment). Supplementary Smismans, Law, Legitimacy and European Governance (Oxford, 2004) Peers, EU Justice and Home Affairs Law, (Oxford, 2008) Hartley, European Union Law in a Global Context, (Cambridge, 2004) Weatherill, Cases and materials on EU law, 8th ed (Oxford, 2007) Roth, Bellamy & Child, European Community Law of Competition 6th ed (Oxford, 2008) Barnard, The Substantive Law of the EU: The Four Freedoms 2nd ed (Oxford, 2007) Freedland, Craig, Jacqueson & Kountouris, Public Employment Services and European Law (Oxford, 2007) Steiner, Woods, & Twigg-Flesner, EU Law, 9th ed (Oxford, 2006) The following websites are good sources of information: www.europa.eu http://eur-lex.europa.eu http://curia.europa.eu 24 Module descriptor Dublin City University – Year 3 Module title Law and Body Politics Module code 41 LGXXX School/Faculty/Theme School of Law and Government Module co-ordinator Dr Olivia Smith Office number C221 Level 3 Credit rating 5 Module aims This module aims to Develop students’ critical awareness of the role of law in the highly contested area of the body, such as pornography, prostitution, and disability. To encourage students to evaluate and critique a diverse body of theoretical and critical literature on these topics. To provide students with an appreciation of the difficulties faced by law in regulating these areas. Learning outcomes Students should be able to: Demonstrate knowledge and understanding of the law’s role in constructing the body. Understand and evaluate the law and policy in light of various political and theoretical approaches to these contentious issues. Research, present and defend a position on the effectiveness of specific laws in this area, the desirability of reform and the competing arguments with respect to reform. Indicative syllabus Introduction 1: Researching Ethical and Sensitive Issues in the Social Sciences Introduction 2: The representation of the body in law Gendered Classifications of the body in law Pornography Prostitution Sex Trafficking and Sex Tourism Honour Crimes Disability and the Impaired Body Assessment Essay 80% Class Presentation 20% TOTAL 100% Indicative reading list Core Bridgeman and Millns, (eds.) Law and Body Politics: Regulating the Female Body (Darthmouth, 1995) McGlynn, Rackley, and Westmarland (eds.) Positions on the Politics of Porn. A debate on government plans to criminalise the possession of extreme pornography (Durham: Durham University, 2007) Dines, Jensen and Russ (eds.) Pornography: The Production and Consumption of Inequality (London: Routledge, 1988) Supplementary Gangoli and Westmorland (eds.) International Approaches to Prostitution Law and Policy in Europe and Asia (2006: The Policy Press) Wendell, The Rejected Body: Feminist Philosophical Reflections on Disability (Routledge, 2006) Whittle and Stryker, The Transgender Studies Reader (Taylor Francis, 2006) Tucker, Women, Family and Gender in Islamic Law (Cambridge University Press, 2008) 41 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 25 Module title Module code 42 School/Faculty/Theme Module co-ordinator Office number Level Credit rating Module aims Module descriptor Dublin City University – Year 2 Work, Employment and Society LGXXX School of Law and Government Dr Michael Doherty C227 2 5 This module takes a legal and sociological approach to exploring the regulation of contemporary working life in Europe. The module examines the changing nature of contemporary work organisation and legal and policy responses by the EU and national states. The module assesses critically how laws and policies at EU and Member State level have protected workers’ collective and individual rights by looking at a range of hard and soft law instruments that govern relationships between workers, employers, the state and the EU. Learning outcomes At the end of this modules students will be able to: Demonstrate a thorough knowledge of the ways in which contemporary working life in EU Member States is regulated. Critically asses the theoretical and policy underpinnings of the regulation of working life in the EU. Compare and contrast different models of employment regulation. Indicative syllabus Part I- The Changing World of Work − − Work & Contemporary Life-From the Assembly Line to the Knowledge Economy The Regulation of Work & Welfare in Europe-Models of Employment Relations Part II-Work, Employment & Society- The Collective Dimension − − − − − − EU Social Policy- Evolution and Development Social Dialogue- EU Law & Policy Social Partnership & Competitive Corporatism: Examples from EU Member States Employee Rights on Restructuring Enterprises- Transfer of Undertakings, Collective Redundancies and Employer Insolvency Employee Involvement at the Workplace- Information & Consultation Rights, & Partnership at Work Freedom of Association & Collective Bargaining- Rights under International and EU Law; Examples from EU Member States Part III- Work, Employment & Society- The Individual Dimension − − − Family Friendly Working- Pregnancy and Parental Rights Atypical Work- Part-time, Fixed-Term and Agency Work The Welfare State- Social Security & Pension Rights Assessment 43 Essay 80% Class Presentation 20% TOTAL 100% Indicative reading list Core Barnard, EC Employment Law 3rd ed (Oxford, 2006) Chalmers, Hadjiemmanuil, Monti & Tomkins, European Union Law, (Cambridge, 2006) Students should also refer regularly to legal journals and periodicals; in particular: 42 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 43 Include all relevant assessment elements and only relevant assessment elements. 26 Work, Employment & Society Industrial Law Journal Industrial Relations Journal European Journal of Industrial Relations Lecture notes, links to journal articles and websites are posted on the module’s Moodle page (DCU’s online learning environment). Supplementary Crouch, Industrial Relations and European State Traditions (Clarenden, 1993) Boucher & Collins, The New World of Work. Labour Markets in Contemporary Ireland (Liffey Press, 2005) Beck, The Brave New World of Work (Polity, 2000) Bauman, Work, Consumerism and the New Poor (Open University Press, 1998) Wallace, Gunnigle, & McMahon, Industrial Relations In Ireland 3rd ed (Gill & Macmillan, 2004) Noon, & Blyton, The Realities of Work (Palgrave, 2000) Boxall, Haynes & Freeman, Employee Voice in the Anglo-American World (Cornell University Press, 2006) Storey, Adding Value Through Information and Consultation (Palgrave, 2005) Stuart & Martinez Lucio, Partnership and Modernisation in Employment Relations (Routledge, 2004) The following websites are good sources of information: http://www.eurofound.europa.eu/eiro/ www.ilo.org http://ec.europa.eu/employment_social/social_dialogue/index_en.htm 27 Module descriptor Dublin City University – Year 3 Module title Healthcare Law and Society Module code 44 LGXXX School/Faculty/Theme School of Law and Government Module co-ordinator Dr Brenda Daly Office number C228 Level 3 Credit rating 5 Module aims This module will introduce students to the fundamental concepts of healthcare law and will address contemporary issues arising within healthcare law. The module aims to provide students with a knowledge and critical appreciation of, the current trends and characteristics of the subject area in this complex and evolving area of law. Learning outcomes On completion of this module, students will have an understanding of the social, political, and economic context within which health law is developing. Students will appreciate the autonomy and rights of the individual patient in relation to clinical treatment. Students will understand the impact of the law in relation to new technologies and treatments in healthcare. Students will develop views on important general issues relating to legal theory and its impact upon healthcare. Students will be able to identify the key institutions, both international and regional, which create and enforce rules relating to health and health care. Indicative syllabus Right to health – health as a fundamental and human right – Art 25 of the Universal Declaration of Human Rights, UN 1948; EU Charter of Fundamental Rights (Nice, 2000); European Convention for the protection of Human rights and fundamental freedoms; Social Charter; EU Treaty; national states; international obligations. Right to health recognised in the International Covenant on Economic, Social and Cultural Rights (ICESCR). Patients’ rights – autonomy, consent, access to information, confidentiality, privacy, access to healthcare services (“health tourism”), access to medicine Constitutional and Human Rights in medical intervention Medical intervention at the beginning and ending of life: Contraception; Assisted Human Reproduction; Abortion and Abortion information; Genetic screening; Withdrawal of treatment; Euthanasia; Removal and retention of body organs. Cultural and societal influences on healthcare law Public health law Impact of globalisation on the development of a body of rules and standards dealing specifically with health promotion. Institutions responsible for global health law – WHO/UN/EU/national governments Infectious disease control – global responses to pandemics and epidemics Assessment 45 Essay 100% TOTAL 100% Indicative reading list Core Hervey & McHale, (2004) Health Law and the European Union. Cambridge: Cambridge University Press. Toebes, (1999) The Right to Health as a Human Right in International Law. Antwerp: Intersentia/Hart. Wicks, (2007) Human Rights in Healthcare. Oxford: Hart Publishing. Madden, (2003) Medicine, Ethics and the Law. Dublin: Butterworths (this is now published by Tottel Publishing) Mason, McCall Smith, & Laurie, (2002) Law and Medical Ethics. 6th edition, Dublin: Butterworths Tomkin & Hanafin, (1995) Irish Medical Law. Dublin: Round Hall Press Lecture notes, links to journal articles, case law and websites are posted on the module’s Moodle page (DCU’s online learning environment). Supplementary Fidler, (2000) International Law and Public Health: Materials and Analysis of Global Health Jurisprudence. London: Transnational Harrington, (ed) Special Issue on Global Health Law [2004] Law, Social Justice and Global Development. Vol.1 44 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 45 Include all relevant assessment elements and only relevant assessment elements. 28 Kennedy & Grubb, (2000) Medical Law. 3rd edition, Oxford: Oxford University Press Montgomery, (2003) Health Care Law. 2nd edition, Oxford: Oxford University Press Mossialos & McKee, (2002) EU Law and the Social Character of Health Care. Brussels: PIE Peter Lang. O’ Mathuna, Scott, McAuley, Walsh-Daneshmandi and Daly, (2005) Health Care Rights and Responsibilities: A Review of the European Charter of Patients’ Rights. Dublin: Irish Patients’ Association & Dublin City University School of Nursing. Randall, (2001) The European Union and Health Policy. Basingstoke: Palgrave. Van der Mei, (2003) Free Movement of Persons within the European Community: Cross Border Access to Public Benefits. Oxford: Hart. Lewis, (2001) Clinical Negligence A Practical Guide. Dublin: Butterworths The following websites are good sources of information: www.who.int www.bmj.com www.justis.com www.firstlaw.ie www.westlaw.ie Journals: British Medical Journal Bulletin of the World Health Organization Eurohealth European Journal of Health Law European Journal of Public Health Journal of European Public Policy Journal of Health and Human Rights Medical Law Review 29 Module descriptor Dublin City University – Year 2 Module title Comparative Law Module code 46 LGXXX School/Faculty/Theme School of Law and Government Module co-ordinator Dr Olivia Smith Office number C221 Level 2 Credit rating 5 Module aims This module aims to expose students to the discipline of comparative legal method and analysis. It will focus on general comparisons between legal systems: common v civil law systems; mixed systems and nonwestern systems, such as Islamic law. It will also introduce students to comparative legal analysis through focusing on specific legal topics, which will be analysed from a multi-jurisdictional perspective. Learning outcomes At the end of this module, students will be: Familiar with non-common law systems of law Confident in exploring and critiquing key legal issues from a comparative law perspective Stimulated to think creatively about legal problems within the domestic legal system following the insights to be gained from comparative legal analysis Cognisant of the influence of social and economic change on legal doctrine Proficient in comparative research methodologies. Indicative syllabus Introduction to Comparative Legal Research and Analysis Introduction to Civil Law Systems Mixed Systems Chinese Law: code and conduct Hindu legal concepts and the Indian Constitution Islamic Law Constitutional Interpretation: The Politics of the Judiciary in the United States and Ireland The emergence of a constitutional democratic legal order: South Africa Privacy Assessment Essay 50% End-of-module examination 50% TOTAL 100% Indicative reading list Core Orucu and Nelken (eds.), Comparative Law: A Handbook (Oxford: Hart Publishing, 2007) Reinmann and Zimmerman (eds.), The Oxford Handbook of Comparative Law (Oxford: OUP, 2008) Supplementary Nelken and Feest (eds.), Adapting Legal Cultures (Oxford: Hart Publishing, 2001) Markesinis, Comparative Law in the Courtroom and Classroom (Oxford: Hart Publishing, 2004) Klug, The Constitution of South Africa: A Contextual Analysis (Oxford: Hart Publishing, 2008) Tushnet, The Constitution of the United States: A Contextual Analysis (Oxford: Hart Publishing, 2008) Bell, French Legal Cultures (Cambridge: Cambridge University Press, 2001) Dickson, Judicial Activism in Common Law Supreme Courts (Oxford: Oxford University Press, 2007) Choudhury, Constitutional Design for Divided Societies (Oxford: Oxford University Press, 2008) Hallaq, The Origins and Evolution of Islamic Law (Cambridge: Cambridge University Press, 2004) Menski, Comparative Law in a Global Context: The Legal Systems of Africa and Asia 2nd. Ed. (Cambridge: Cambridge University Press, 2006) 46 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 30 Module descriptor Dublin City University – Year 2/3 Module title Administrative Law Module code 47 LG XXX School/Faculty/Theme School of Law and Government Module co-ordinator Dr Yvonne Daly Office number C218A Level 2/3 Credit rating 5 Module aims This module aims to acquaint students with the manner in which state activities are governed by the rules of administrative law. The module will place the rules of administrative law in their societal context by examining their development and application, as well as focusing on some significant modern examples of the rules in operation in Ireland, e.g. licensing of private television broadcasters, the planning laws as influenced by EU membership, and tribunals of inquiry. Learning outcomes At the end of this module, students will be able to: - give an account of the main rules of administrative law; - outline the development of certain rules of administrative law and their current application within this and other jurisdictions; - understand and explain the process of Judicial Review; - understand and explain the principles of constitutional justice; - and, apply the rules of administrative law to hypothetical problems, giving an account of relevant case-law, legislation and policy in relation to the issues raised. Indicative syllabus Introduction to administrative law – sources of administrative law (Constitution, common law, primary legislation, secondary legislation, administrative circulars); fundamental principles such as the rule of law, the separation of powers and delegated legislation; administrative (non-statutory) rules The Dáil, Ministers and Departments – collective cabinet responsibility; ministerial responsibility; Irish ministerial resignations compared with other jurisdictions State-sponsored bodies – definition of state-sponsored body; control by the Minister; control by the Oireachtas; impact of competition law Broadcasting Law – development of broadcasting law in Ireland; control exercised by the Minister; RTE Authority and broadcasting; private sector broadcasting; the Broadcasting Ban (section 31 of the Broadcasting Authority Act, 1960) Planning Law – planning authorities and An Bord Pleanála; Local authorities’ Development Plans; planning process; influence of EU Directives; sanctions and enforcement Tribunals and Inquiries – What is a tribunal? How do tribunal proceedings impact on court proceedings?; inquisitorial nature of tribunal; representation at tribunals; statutory tribunals of inquiry; analysis and critique of certain Irish tribunals of inquiry(e.g. Mahon Tribunal, Morris Tribunal) and the societal reaction to same; analysis and critique of the Irish trend towards holding tribunals of inquiry Fundamental Principles of Judicial Review – the doctrine of ultra vires; jurisdiction; powers and duties; formal and procedural requirements; difference between Judicial Review and an Appeal Constitutional Justice – constitutional justice and natural justice; nemo iudex in causa sua (rule against bias); audi alteram parten (need for due notice and opportunity to be heard) Control of Discretionary Powers – abuse of discretionary powers; failure to exercise a discretion; taking irrelevant considerations into account and failure to take relevant considerations into account; review for reasonableness Doctrine of Legitimate Expectations – development of the doctrine of legitimate expectations; applicability of the doctrine; legitimate expectations and legislation; administrative circulars and legitimate expectations; distinction between legitimate expectations and estoppel Assessment Essay End-of-module examination TOTAL Indicative reading list 30% 70% 100% Core - Hogan and Morgan, Administrative Law in Ireland, 3rd Edition, Dublin: Round Hall Sweet & Maxwell, 1998 - Delany, H., Judicial Review of Administrative Action, A Comparative Analysis, Round Hall, 2001 47 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 31 - Lecture notes and links to relevant journal articles, case-law and websites will be available on the DCU Moodle page for this module. - Students should also regularly refer to relevant journals, such as the Irish Law Times, the Irish Jurist, and the Dublin University Law Journal Supplementary - Simons, Planning and Development Law, Dublin: Thomson Round Hall, 2007 - Delany and McGrath, Civil Procedure in the Superior Courts, 2nd ed. Dublin: Thomson Round Hall, 2005 - Schmidt, Lawyers and regulation: the politics of the administrative process, Cambridge: Cambridge University Press, 2005 - Law Reform Commission, Report on judicial review procedure, Dublin: Law Reform Commission, 2004 - De Blacam, Judicial Review, Dublin: Butterworths, 2001 - Hadfield (ed.), Judicial Review: A Thematic Approach, Dublin: Gill & Macmillan, 1995 - Some useful electronic resources are: Justis, WestLaw IE, FirstLaw, LexisNexis, www.bailii.org, www.irishstatutebook.ie, www.lawreform.ie, www.courts.ie, www.echr.coe.int 32 Module descriptor Dublin City University – Year 3 Module title Dissertation Module code 48 LG333 School/Faculty/Theme School of Law and Government Module co-ordinator Dr Noelle Higgins Office number C231 Level 3 Credit rating 10 Note: Students cannot choose both the Placement: Law in Society option and this option. Module aims The aim of this module is to build students' ability to work independently by requiring them to complete a 10,000 word dissertation on the topic of their choice in the area of law and society (under the supervision of a member of staff with the requisite subject-specific knowledge). Learning outcomes At the end of this module students will have acquired improved analytical and research skills. Students will have gained key practical skills, such as accessing and using primary legal sources, examining secondary sources in journals and databases, and critically analysing academic commentary on legal issues. Students will also have obtained a broad and critical perspective on their chosen research area. Indicative syllabus This is a year long option. Students will be given guidance on what this module entails in Semester 1 of Year 3 and they will be given guidance on writing a research proposal. They will be required to attend a research seminar in the library, to enhance their library research skills. They will have to submit a 1,000 word proposal by the middle of Semester 1. They will be assigned a supervisor based on their chosen topic of research. Students must meet with their supervisors before the end of Semester 1 and during the second semester and their progress will be monitored by the supervisors. The dissertation will be due towards the end of Semester 2. Assessment Continuous Assessment 100% TOTAL 100% Indicative reading list Core Higgins, & Tatham, Successful Legal Writing, (London: Thomson, Sweet & Maxwell, 2006) Knowles, & Thomas, Effective Legal Research, (London: Thomson, Sweet & Maxwell, 2006) O'Malley, Sources of Law: an introduction to legal research and writing, (Dublin: Round Hall Sweet & Maxwell, 2001) Thomas, How to Use a Law Library, 4th ed., (London: Sweet & Maxwell, 2001) Students will also find the following databases, which are available through the library, useful for primary legal research: Westlaw, justis, lexisnexus Students will refer regularly to legal journal and periodicals while researching and writing the dissertation. Library databases JSTOR and Heinonline are also particularly useful. Guidelines on the dissertation process, as well as guidelines on legal referencing will be available on the module's Moodle page (DCU's online learning environment). Supplementary Bradney, Cownie, Masson, Neal, & Newell, How to Study Law, 5th ed., (London: Thomson, Sweet & Maxwell, 2005) Useful electronic resources are: http://www.ucc.ie/law/irlii/index.php www.bailii.org www.courts.ie www.irlgov.ie 48 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 33 Module descriptor Dublin City University – Year 2/3 Equity LG324 School of Law and Government Dr Olivia Smith C221 2/3 5 Module title Module code 49 School/Faculty/Theme Module co-ordinator Office number Level Credit rating Module aims This module aims to provide students with a firm grounding in one half of the contribution of equity to the legal system, namely, equitable remedies. The other great contribution, the trust, is covered in LG XXX Trusts. Learning outcomes Students will be appreciate the distinction between the common law and equity Students will appreciate the role of equity, particularly with respect to the development of distinct remedies Understand the role of ‘conscience’ in the development of equitable remedies Students will be able to apply the law and make judgments about the law in hypothetical problem questions. Indicative syllabus Introduction to Equity – Equity as a Gloss on the Common Law Equitable Maxims and the role of conscience in equity Overview of equitable remedies Specific Performance Injunctions Recission and Rectification Doctrine of Notice and Undue Influence Estoppel Miscellaneous Equitable Remedies Assessment End-of-module examination 100 % TOTAL 100% Indicative reading list Core Delany, Equity and the Law of Trusts in Ireland (Thomson Roundhall, 2007) Pearce and Stevens, The Law of Trusts and Equitable Obligations 4th ed. (Oxford University Press, 2006) Pettit, Equity and the Law of Trusts 10th ed. (Oxford University Press, 2006) Hudson, Equity & Trusts 5th ed. (Cavendish, 2007 ) Martin, Modern Equity 17th ed. (Thomson Sweet and Maxwell, 2005) Hayton, The Law of Trusts (Sweet and Maxwell, 2003) Students will also be referred to legal journals and periodicals. Lecture materials will be placed on the module’s Moodle page (DCU’s on line learning environment) Supplementary Cooke, The Modern Law of Estoppel (Oxford: Clarendon, 2000) Scott Hunt and Lim, Feminist Perspectives on Equity and Trusts (Cavendish, 2001) 49 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 34 Module descriptor Dublin City University – Year 2/3 Module title Law of Evidence Module code 50 LG337 School/Faculty/Theme School of Law and Government Module co-ordinator Dr Yvonne Daly Office number C218A Level 2/3 Credit rating 5 Module aims The rules of evidence which apply in the Irish courts have evolved over generations, and continue to evolve. Both the courts, and increasingly the legislature, have played a role in determining these rules. This module aims to acquaint students with the rules of evidence, their origins and the context of their development, and to equip students with sufficient substantive knowledge and contextual information to allow them to critique the ongoing need for these rules, and the potential for the recognition of further rules of evidence. Learning outcomes At the end of this module, students will: - appreciate the function of the law of evidence in legal proceedings; - know and understand the basic principles of the law of evidence; - know and understand the rules of evidence and demonstrate knowledge of relevant case law and legislation; - be able to solve hypothetical evidentiary problems with reference to case law and legislation; - and, be equipped to critique the rules of evidence in terms of their development and ongoing significance. Indicative syllabus Introduction to Fact Finding and Principles of Proof – purpose, origins and development of rules of evidence; function of judge and jury; standard and burden of proof; witness system Competence and Compellability – the accused; spouse of the accused; persons with disabilities; children and vulnerable witnesses – important changes over time Corroboration – Why is certain evidence seen as weak?; accomplice evidence; children’s evidence; ID evidence; confession evidence Improperly Obtained Evidence – differences in approach in Ireland, England and Wales, and United States; unconstitutionally obtained evidence; illegally obtained evidence Confession Evidence – voluntariness; oppression; right to silence; right to pre-trial legal advice; audio-visual recording of interrogation; custody regulations; judges’ rules – many changes over time; societal influences – politics, media, “gangland” crime. Opinion Evidence – expert evidence; DNA evidence Rule Against Hearsay – basis of the rule; exceptions to the rule; new legislative exception – prior witness statements Similar Fact Evidence – admissibility of evidence of past bad behaviour of accused The Accused as a Witness and the Criminal Justice (Evidence) Act, 1924 – loss of the shield; difference of approach in Ireland and England and Wales Privilege – sacerdotal; legal/professional; without prejudice communications; public privilege Assessment Mock voir dire 50% End-of-module examination 50% TOTAL 100% Indicative reading list Core - McGrath, Evidence, Dublin: Thomson Round Hall, 2005 - Fennell, The Law of Evidence in Ireland, 2nd edition, Dublin: Butterworths, 2003 - Lecture notes and links to relevant journal articles, case-law and websites will be available on the DCU Moodle page for this module. - Students should also regularly refer to relevant journals, such as the Irish Criminal Law Journal, the Judicial Studies Institute Journal, and the International Journal of Evidence and Proof. Supplementary - Heffernan, Imwinkleried, McDermott, Evidentiary Foundations: Irish Edition, Tottel Publishing, Dublin, 2008 - Twining, Rethinking Evidence: Exploratory Essays, 2nd Edition, Cambridge University Press, 2006 - Heffernan, Scientific Evidence: Fingerprints and DNA, FirstLaw, Dublin, 2006 - Heffernan, Evidence: Cases and Materials, Dublin: Thomson Round Hall, 2005 - Healy, Irish Laws of Evidence, Dublin: Thomson, Round Hall 2004 - Cannon and Neligan, Evidence, Dublin: Thomson Round Hall, 2002 50 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 35 - Walsh, Criminal Procedure, Dublin: Thomson Round Hall, 2002 - Easton, The Case for the Right to Silence, Amesbury Series in Philosophy, 1998 - Walsh, The Irish Police, Round Hall Sweet & Maxwell: Dublin, 1998 - Zuckerman, The Principles of Criminal Evidence, Oxford: Clarendon, 1989 - Law Reform Commission Consultation Papers and Reports, e.g. Report on the Establishment of a DNA database (November 2005) - Some useful electronic resources are: Justis, WestLaw IE, FirstLaw, LexisNexis, www.bailii.org, www.irishstatutebook.ie, www.lawreform.ie, www.courts.ie, www.echr.coe.int 36 Module descriptor Dublin City University – Year 2/3 Module title Equality and Discrimination Law Module code 51 LG222 School/Faculty/Theme School of Law and Government Module co-ordinator Dr Olivia Smith Office number C 221 Level 2/3 Credit rating 5 Module aims To critically examine legal attempts to combat discrimination and promote inequality; in particular, to impact a clear understanding of the rules of Irish and EU anti-discrimination law. To provide students with an understanding of the structural nature and practice of discrimination and inequality To encourage students to critically assess the role and effectiveness of law in tackling the phenomenon of discrimination and inequality. Learning outcomes At the end of the module students should be able to: Understand the contested meaning(s) of the concept of equality Understand the scope and impact of the legal rules of anti-discrimination law Understand and appreciate the impact and importance of EU law in this area Apply the law to factual situations and construct an effective argument based on primary and secondary legal materials Research relevant primary and secondary materials. Indicative syllabus Introduction: concepts of equality, historical overview, the role of equality in the liberal state, formal equality v substantive equality: equal treatment, equality of opportunity, equality of results. Statutory Non-Discrimination Rules: Historical development; the role of EU Law: Structure and Scope of Domestic Legislation; The Nine Protected Grounds; Equal Pay and Equal Treatment; Direct Discrimination; Indirect Discrimination; Harassment, Vicarious Liability and Victimisation; Defences and Exceptions; Enforcement; Multiple and Intersectional Claims; Remedies Case Study One: Law and the Pregnant Worker Case Study Two: Race Discrimination and the social construction of race Case Study Three: Disability and Accommodation Mandates Case Study Four: The Law and Politics of Affirmative Action Assessment Essay 100% End-of-module examination 0% TOTAL 100% Indicative reading list Core Schiek, Waddington, Bell, Cases, Materials and Text on National, Supranational and International NonDiscrimination Law (Oxford: Hart Publishing, 2007) Lawson and Gooding, Disability Rights in Europe (Oxford: Hart Publishing, 2005) Boger and Kimber, Sex Discrimination (Dublin: Roundhall Sweet and Maxwell, 2000) Students will be referred to legal journals and periodicals throughout the modules. Lecture materials will be posted on the module’s Moodle page (DCU’s online learning environment). Supplementary McColgan, Discrimination Law, Text, Cases and Materials (Oxford: Hart Publishing, 2005) Fredman, Women and the Law (Oxford: Oxford University Press, 1997) Baker et al Equality From Theory to Action (Palgrave Macmillan, 2004) Fredman, Discrimination Law (Oxford: Oxford University Press, 2002) 51 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 37 Module descriptor Dublin City University – Year 2/3 Employment Law LG307 School of Law and Government Dr Michael Doherty C227 2/3 5 Module title Module code 52 School/Faculty/Theme Module co-ordinator Office number Level Credit rating Module aims This module aims to acquaint students with the function of employment law and labour law in the context of both the individual and collective labour relationship. The module will explain the basic common law principles of employment law and labour law and teach and assess both Irish and EU legisative developments and their impact on the employment relationship. The module will address the key social, political and cultural policy arguments that underlie developments in employment law Learning outcomes At the end of this modules students will be able to: Appreciate the function of employment law and labour law. Demonstrate a thorough knowledge of the important legal principles that underline the employment relationship by reference to relevant case law and legislation. Solve legal problems with reference to case law and legislation. Understand the role of the European Community in employment law and labour law. Assess the influence of competing critical perspectives on employment law. Indicative syllabus Introduction to Employment Law-Critical Perspectives on the Employment Relationship. The Employment Contract-the Great Legal Fiction. Termination of employment-Wrongful, Unfair and Constructive Dismissal Introduction to Employment Equality Law in Ireland Equality in the Workplace-the Grounds of Discrimination Harassment & Bullying in the Workplace. Health & Safety in the Workplace. Labour Law- Trade unions and Industrial Relations The Future for Employment Law in Ireland. Assessment Essay 50% End-of-module examination 50% TOTAL 100% Indicative reading list Core Kerr, Employment Rights Legislation 2nd ed (Thomson Round Hall, 2006) Kerr, Employment Equality Legislation. 2nd ed. (Thomson Round Hall, 2005) Kerr, Termination of Employment Statutes 3rd ed (Thomson Round Hall, 2006) Kerr, Trade Union and Industrial Relations Acts 3rd ed (Thomson Round Hall, 2007) Students should also refer regularly to legal journals and periodicals; in particular: The Irish Employment Law Journal Industrial Law Journal Industrial Relations Lecture notes, links to journal articles and websites are posted on the module’s Moodle page (DCU’s online learning environment). Supplementary Davies, Perspectives on Labour Law, (Cambridge, 2004) Connolly, Discrimination Law, (Sweet & Maxwell, 2006) Redmond, Dismissal Law in Ireland 2nd ed. (Tottel, 2007) Byrne, Safety, Health and Welfare at Work Act 2005 (Thomson Round Hall, 2006) Barnard, EC Employment Law 3rd ed (Oxford, 2006) Wallace, Gunnigle, & McMahon, Industrial Relations In Ireland 3rd ed (Gill & Macmillan, 2004) The following websites are good sources of information:http://europa.eu.int/, www.entemp.ie, www.eatribunal.ie, www.lrc.ie, www.labourcourt.ie 52 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 38 Module descriptor Dublin City University – Year 2/3 Module title Foundations of Company Law Module code 53 LG201 School/Faculty/Theme School of Law and Government Module co-ordinator Dr Brenda Daly Office number C228 Level 2/3 Credit rating 5 Module aims The aim of this module is to equip students with an understanding of the nature of companies in Ireland. The module aims to develop students’ knowledge and understanding of the basic principles of Company Law. The module aims to provide students with an in-depth knowledge and understanding of the relevant case law and legislation. Learning outcomes The student will have an understanding of the nature and role of the corporate entity in today’s society. Students will acquire a knowledge and understanding of the central tenets of company law. Students will be capable of explaining how company can be set up and once set up, how it can be affected by both legislation and common law. At the end of the module, students will appreciate the function of company law. This module will enhance students’ legal and critical skills in the context of company law. On successful completion of the module, students will be able to make judgments on the application of the relevant legal rules to hypothetical factual scenarios. Indicative syllabus Introduction to Company Law – the differences between companies and partnerships, the nature of a company, how a company is formed; consequences of incorporation, limited companies contrasted with partnerships; unincorporated associations and bodies corporate, companies limited by shares, statutory companies. The nature of separate corporate personality. Formation of a company - Company name, registration, memorandum and articles of association, Table A; membership; statutory disclosure and Stock Exchange requirements, the Yellow Book Membership - restriction of membership, rights of shareholders, types of meeting of members, conduct of meetings. Membership and Capital: Concept of capital maintenance, distributions; transfer of shares, restrictions on transfer and membership, third party interest in shares; alteration of rights; increase and reduction of share capital; debentures Minority shareholder protection Management: Directors, secretary, auditors: their obligations, functions and removal. Aspects of company secretarial practice; meetings: types of meetings, notice, resolutions requiring special notice. Corporate Governance - the role and function of directors, the role of shareholders, auditors and annual reports. Corporate Insolvency - liquidators and the process of liquidation; directors and insolvency – disqualification of directors. Statutory regulation: Companies Acts 1963-2005, European Union (Companies: Group Accounts) Regulations 1992 SI No 201 of 1992, European Communities (Fair Value Accounting) Regulations 2004 SI No 765 of 2004, and, European Communities (International Financial Reporting Standards and Miscellaneous Amendments) Regulations 2005 SI No 116 of 2005 Assessment Essay 20% Exam 80% TOTAL 100% Indicative reading list Core Forde & Kennedy, (2007) Company Law. 4th ed. Dublin: Thomson Round Hall. Keane, (2007) Company Law in the Republic of Ireland. 4th ed. Sussex: Tottel. Lecture notes, links to journal articles, case law and websites are posted on the module’s Moodle page (DCU’s online learning environment). Supplementary McGrath, (2003) Essential Law Texts – Company Law. Dublin: Thomson Round Hall. Higgins & Tatham, (2006) Successful Legal Writing. 1st ed. London: Thomson – Sweet & Maxwell Knowles & Thomas, (2006) Effective Legal Research. 1st ed. London: Thomson – Sweet & Maxwell. Bradney et al., (2005) How to Study Law. 5th ed. London: Thomson – Sweet & Maxwell. The following websites are good sources of information: www.courts.ie www.irlgov.ie www.firstlaw.ie www.westlaw.ie www.irlii.org www.justis.com 53 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 39 Journals: Commercial Law Practitioner The Law Society Gazette The Bar Review 40 Module descriptor Dublin City University Module title Advanced Company Law Module code 54 LG202 School/Faculty/Theme School of Law and Government Module co-ordinator Dr Adam McAuley Office number C223 Level 2/3 Credit rating 5 Pre-requisite(s) 55 Foundations of Company Law Module aims The aim of this module is to build on the basic principles of Company Law provided in the Foundations of Company Law Module. The module aims to provide students with knowledge and understanding of case law, legislation and policy issues. The student will understand the function of company law regulation and assess the benefit of this regulation in today’s society. The module aims to provide students with a knowledge and critical appreciation of company regulation in this complex area of law. The module aims to enhance students’ legal and critical skills in company regulation. Learning outcomes At the end of this module, students will be able to: Understand the regulation of companies Research, write and present a group project on a company law topic Consider whether company law needs reform Make judgements on the application of the legal rules to hypothetical factual scenarios Appreciate how this module relates to other modules such as the Foundations of Company Law, the Foundations of Contract Law and Advanced Contract Law Modules Indicative syllabus Minority protection of shareholders The purpose of receivership, the rights and duties of a receiver, the interests of directors, shareholders, creditors and employees during a receivership; The purpose of examinership, the role and function of the examiner, the interests of directors, shareholders, creditors and employees during the examinership process; The role and function of the Director of Corporate Enforcement; Restriction and disqualification proceedings against company directors; Investigations; Corporate governance, corporate social responsibility and the role of ethics; Corporate crime Purpose of current and future company law regulation Assessment Group project 30% End-of-module examination 70% TOTAL 100% Indicative reading list Core Forde & Kennedy, (2007) Company Law. 4th ed. Dublin: Thomson Round Hall. Keane, (2007) Company Law in the Republic of Ireland. 4th ed. Sussex: Tottel. Cahill, (2008) Company Law Compliance and Enforcement. Sussex: Tottel. Courtney, (2002) The Law of Private Companies. 2nd ed. Sussex: Tottel. Lecture notes, links to journal articles, case law and websites are posted on the module’s Moodle page (DCU’s online learning environment). Supplementary Morgan & Yeung, (2007) An Introduction to Law and Regulation: Text and Materials. Cambridge McBarnet, & al. (2007) The New Corporate Accountability: Corporate Social Responsibility and the Law Cambridge Gobert & Punch, (2003) Rethinking Corporate Crime. Butterworths Higgins & Tatham, (2006) Successful Legal Writing. 1st ed. London: Thomson – Sweet & Maxwell Knowles & Thomas, (2006) Effective Legal Research. 1st ed. London: Thomson – Sweet & Maxwell. Bradney, et al. (2005) How to Study Law. 5th ed. London: Thomson – Sweet & Maxwell. The following websites are good sources of information: www.courts.ie www.irlgov.ie www.firstlaw.ie www.westlaw.ie www.irlii.org www.justis.com Journals: Company Lawyer, Commercial Law Practitioner, Journal of Business Law 54 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 55 The title(s) and code(s) of any module(s) that must be completed before this module can be taken. 41 Module descriptor Dublin City University – Year 3 Module title Foundations of Property Law Module code 56 LG215 School/Faculty/Theme School of Law and Government Module co-ordinator Dr Olivia Smith Office number C221 Level 3 Credit rating 5 Module aims This module aims to introduce students to the important role and functions attributed to property law – both as a system of rules and as a source of rights – within a liberal constitutional democracy. Students will carefully study the intricacies of the major topics of property law, including the influence of historical features on the development and application of the rules of property law. Students will also be exposed to the ongoing root and branch reform of property law, particularly the Land and Conveyancing Reform Bill 2006. Learning outcomes Following this module students will be able to: Appreciate the role of property law in the liberal state Trace and appreciate the historical features and influences on Irish property law Identify and understand the principles and doctrines relating to key topics within Irish property law Apply the principles and rules to hypothetical factual scenarios. Indicative syllabus The Finding of Property on Land The Physical Limits of Real Property Estates The Development of the Trust and the Influence of Equity Priorities and the System of Land Registration Co-Ownership Adverse Possession Easements and Profits Covenants Mortgages Assessment Essay 20% End-of-module examination 80% TOTAL 100 Indicative reading list Core Lyall, Land Law in Ireland 2nd ed. (Dublin: Thomson Roundhall, 2000) Coughlan, Property Law 2nd ed. (Dublin: Gill and Macmillan, 1998) Pearce and Mee, Land Law in Ireland (Dublin: Roundhall, 2000) Students should also refer to legal journals and periodicals. Lecture materials are posted on the module’s Moodle page (DCU’s on line learning environment) Supplementary Maddox, Mortgages Law and Practice (Dublin: Thomson Roundhall, 2007) 56 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 42 Module descriptor Dublin City University – Year 3 Module title Advanced Property Law Module code 57 LG XXX School/Faculty/Theme School of Law and Government Module co-ordinator Dr Olivia Smith Office number C221 Level 3 Credit rating 5 Pre-requisite(s) 58 LG215 Foundations of Property Law Module aims This module builds on the approach adopted in LG215 and continues to provide a critical perspective on the rules and principles of Irish property law. It will make use of comparative perspectives, where relevant. A critical engagement with the role of property law from a socio-legal perspective will provide students with the knowledge necessary to understand the rationale underpinning the formation of the rules and with the skills to assess the very premise of those rules. The module aims to deliver some of the substantive rules of property law not covered in Foundations of Property Law within their modern and historical context. Important attempts at law reform, including the introduction of a system of E-Conveyancing, will be critically assessed. Learning outcomes Following this module students will be able to: Appreciate the centrality attributed to property law in the liberal state Trace and appreciate the historical features and influences on Irish property law Identify and understand the principles and doctrines relating to key topics within Irish property law Understand the difficulties of root and branch law reform Read and interpret complex statutory provisions Utilise practical skills such as writing and interpreting testamentary documents Apply the principles and rules to hypothetical factual scenarios. Indicative syllabus Introduction: The Nature of Property and Property Rights The Role of Property Rights in the Liberal State The Public Dimension of Private Property The Role of the Judiciary in Property Disputes Succession The Lease/Licence Distinction Landlord and Tenant law Conveyancing and E-Conveyancing Introduction to Intellectual Property Assessment Essay 20% End-of-module examination 80% TOTAL 100% Indicative reading list Core Lyall, Land Law in Ireland 2nd ed. (Dublin: Thomson Roundhall, 2000) Coughlan, Property Law 2nd ed. (Dublin: Gill and Macmillan, 1998) Pearce and Mee, Land Law in Ireland (Dublin: Roundhall, 2000) Students will be regularly referred to legal journals and periodicals. Lecture materials will be posted on the module’s Moodle page (DCU’s online learning environment). Supplementary Singer, Entitlement: The Paradoxes of Property (New Haven: Yale University Press, 2000) MacLean (ed.) Property and the Constitution (Oxford: Hart Publishing, 1999) Bottomley and Lim, Feminist Perspectives on Land Law (Routledge Cavendish, 2007) Keating, Keating on Probate (Dublin: Thomson Roundhall, 2007) Ellickson, Rose and Ackerman (eds.), Perspectives on Property Law (Little Brown, 1995) 57 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 58 The title(s) and code(s) of any module(s) that must be completed before this module can be taken. 43 Module descriptor Dublin City University – Year 2/3 Module title International Human Rights Law Module code 59 LG332 School/Faculty/Theme School of Law and Government Module co-ordinator Dr Noelle Higgins Office number C231 Level 2/3 Credit rating 5 Pre-requisite 60 Principles of Public International Law or (LG120) Module aims The aim of this module is to enable students to study and evaluate the international human rights law system across a number of areas and themes. The module aims to provide students with a knowledge and appreciation of the substantive rules and legal mechanisms in this area of evolving law. The module aims to enable the students to undertake independent research in the international human rights law system. The module also aims to enhance the students' legal skills and critical thinking abilities on the module themes. Learning outcomes At the end of this module students will be able to: Understand the history and development of the international human rights law system, as well as the human rights law systems in place in different regions, e.g. Europe (Council of Europe), The Americas (Organisation of American States), Africa (African Union). Access, research and understand the nature of international human rights law instruments. Understand the enforcement mechanisms in the international system and appreciate judgments of human rights bodies. Make judgements on the application of the legal rules of the international human rights law system to hypothetical scenarios. Indicative syllabus Introduction to International Human Rights Law - Basic Introduction to IHRL and Historical Development of IHRL Sources of International Human Rights Law - Conventional and other sources of IHRL, Customary Law and Jus Cogens norms The United Nations Charter System The United Nations Treaty System Women's Rights - Analysis of the Convention on the Elimination of All Forms of Discrimination against Women and regional systems in relation to gender discrimination The Rights of the Child - Analysis of the Convention on the Rights of the Child and issues concerning the protection of child workers and child soldiers The Rights of Minorities - The right to self-determination Regional Systems - Council of Europe, EU, the Americas, Africa Dealing with Violations of IHRL - Judicial and quasi-judicial options Assessment 61 Group project 50% End-of-module examination 50% TOTAL 100% Indicative reading list Core Smith, Textbook on International Human Rights, 3rd ed., (Oxford: OUP, 2007) Students should also refer regularly to legal journal and periodicals. They will also be directed to articles available on Library Databases JSTOR and Heinonline during the course of the module. Lecture notes, links to journal articles, case law and websites are posted on the module's Moodle page (DCU's online learning environment). Supplementary Alston, Steiner, & Goodman, 3rd ed., International Human Rights in Context, (Oxford: OUP, 2007) Bradney, Cownie, Masson, Neal, & Newell, How to Study Law, 5th ed., (London: Thomson, Sweet & Maxwell, 2005) Clapham, Human Rights Obligations of Non-State Actors, (Oxford: OUP, 2006) Baderin, International Human Rights and Islamic law, (Oxford: OUP, 2005) Baderin & McCorquodale, Economic, Social and Cultural Rights in Action, (Oxford: OUP, 2007) Brownlie & Goodwin-Gill, Basic Documents on Human Rights, 5th ed., (Oxford: OUP, 2006) Forsythe, Human Rights in International Relations, (Cambridge: CUP, 2006) 59 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 60 The title(s) and code(s) of any module(s) that must be completed before this module can be taken. 61 Include all relevant assessment elements and only relevant assessment elements. 44 Higgins & Tatham, Successful Legal Writing, (London: Thomson, Sweet & Maxwell, 2006) Knowles, & Thomas, Effective Legal Research. 1st ed. London: Thomson, Sweet & Maxwell, 2006) Mahoney, The Challenge of Human Rights, (MA: Blackwell, 2007) Nickel, Making Sense of Human Rights, (MA: Blackwell, 2007) The following websites contain good sources of information: http://www.un.org/rights/ http://www.echr.coe.int/echr/ 45 Module Descriptor Dublin City University – Year 3 Jurisprudence 1 LG327 Law & Government Dr David Tomkin C226 3 5 Module title Module code 62 School/Faculty/Theme Module co-ordinator Office number Level Credit rating Module aims The aims of this module are:1. To enable students to acquire knowledge of some of the main problems in jurisprudence. 2. To provide students with the opportunity to understand, explain, criticise and refine their own ideas on these problems. 3. To discuss some of the ways some of the main schools of jurisprudence comment on these problems, such as natural law, positivism, rights theorists, postmodernists, feminists and critical legal students. Learning outcomes:-The student will be enabled to: (a) formulate her or his own perception of some of the main problems in jurisprudence; (b) research the formulations and responses of some of the principal jurisprudential writers, and compare their views with her or his own; (a) to discuss these with others in an informed and professional way to explain the history of how these problems have been perceived and discussed; (b) to assess for herself or himself which views are most reasonable and compatible with her or his own present understanding; (c) to set down her or his views in clear and simple terms. Indicative syllabus 1. Types of knowledge and learning generally and law in particular. 2. Natural law 3. Classical legal positivism. 4. Modern Legal positivism 5. Legal Realism 6. Feminist legal theory 7. Critical legal theory. Assessment 63 End-of-module examination 100% TOTAL 100% Indicative reading list Core - **Wacks, Understanding Jurisprudence: An introduction to Legal Theory Oxford 1995 Supplementary - Patterson, A Companion to Philosophy of Law and Legal Theory, Oxford, Blackwell, 1999 - Dias, Theory of law, 5th edition, London: Butterworths, 1985 - Dias, A Bibliography of Jurisprudence, 3rd edition, London; Boston Butterworths, 1979 - Hart, The Concept of Law, 2nd edition, Oxford: Oxford University Press, 1994 - Neumann, The Rule of Law : Political Theory and the Legal System in Modern Society, Dover: Berg, 1986 62 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 63 Include all relevant assessment elements and only relevant assessment elements. 46 Module Descriptor Dublin City University – Year 3 Jurisprudence II LGXXX Law & Government Dr David Tomkin C226 3 5 Jurisprudence 1 Module title Module code 64 School/Faculty/Theme Module co-ordinator Office number Level Credit rating Pre-requisite(s) 65 Module aims 1. To assist students to formulate what they have learned about the different theories of law in the study of their other law subjects: e.g. contract (ideas of bargain, duress, undue influence); constitutional law (human rights anterior to positive law, moral and religious ideas and law); company law (concepts such as “just and equitable”, ”unfair”; equity (fair dealing, beneficial, trust property, duties of a trustee). 2. To build on students’ knowledge of some of the ways some of the main schools of jurisprudence formulate theories of law, in particular natural law, positivism, rights theory, postmodernism, feminism and critical legal studies. 3. To acquaint students with the historical approach to the evolution of western jurisprudential thought, beginning with the influence of the Greeks and Romans, tracing the development of these concepts through Medieval, Renaissance, Enlightenment, Romantic, Modern and Postmodern jurisprudential scholarship. 4. To bring students to an ability to understand, express, criticize and refine their own views on jurisprudential topics. Learning outcomes:By the end of this course the students will be able to express some of the main preoccupations of jurisprudential writers; to identify, understand and discuss some of the main texts, to relate these works to the historical context in which they were produced and to relate these to students’ own understanding of theory of law, thus enabling them to articulate their own theories about the nature and function of law. Indicative syllabus See module aims, above. Assessment 66 End-of-module examination 100% TOTAL 100% Indicative reading list Core - *Kelly, A Short History of Western Legal Theory, Oxford, Clarendon Press, 1992 Lloyd, of Hampstead Lloyd's Introduction to Jurisprudence, 5th edition, London: Sweet and Maxwell, 1985 Supplementary - Patterson, A Companion to Philosophy of Law and Legal Theory, Oxford, Blackwell, 1999 - Dias, Theory of law, 5th edition, London: Butterworths, 1985 - Dias, A Bibliography of Jurisprudence, 3rd edition, London; Boston Butterworths, 1979 - Hart, The Concept of Law, 2nd edition, Oxford: Oxford University Press, 1994 - Neumann, The Rule of Law : Political Theory and the Legal System in Modern Society, Dover: Berg, 1986 - Simmonds, Central Issues in Jurisprudence, London: Sweet and Maxwell, 1986 - Unger, The Critical Legal Studies Movement, Cambridge, Mass: Harvard University Press, 1986 - Cotterrell, The Sociology of Law, 2nd edition, London: Butterworths, 1992 - Harris, Legal Philosophies, London: Butterworths, 1980 - Quinn, (Ed.) Justice and Legal Theory in Ireland, Dublin: Oak Tree Press, 1995 - McCoubrey and White Textbook on Jurisprudence, 3rd edition, London: Blackstone, 1999 64 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 65 The title(s) and code(s) of any module(s) that must be completed before this module can be taken. 66 Include all relevant assessment elements and only relevant assessment elements. 47 Module descriptor Dublin City University – Year 2 Module title Law and Dispute Resolution Module code 67 LG308 School/Faculty/Theme School of Law and Government Module co-ordinator Dr Brenda Daly Office number C228 Level 2 Credit rating 5 Module aims The aim of this module is to introduce students to the concept of dispute resolution. The module aims to provide students with an understanding of the various dispute resolution mechanisms, both formal and informal, that are available for conflict resolution. The module aims to enhance students’ legal and critical skills in the context of dispute resolution. Learning outcomes On completion of this module, students will be able to appreciate the different typologies of dispute resolution, and will understand why different types of dispute resolution can be effective in different scenarios. Students will become familiar with the concepts and theories underpinning ADR processes, and will be able to place these arguments within the broader context of civil law and their general application in modern society. Indicative syllabus An introduction to the concept of dispute resolution. An examination of the key concepts and theories relating to ADR. Typologies of dispute resolution. Identification of the alternative dispute resolution processes – adjudication, arbitration, conciliation, mediation. Critiques of informal dispute resolution methods – discussion of the differences between formal and informal dispute resolution; consideration of the discourse of rights and its compatibility with informalism. Dynamics of the dispute – consideration of how the dispute dynamics can influence dispute resolution techniques Arbitration law in practice Feminist perspectives of dispute resolution Ideology of mediation Critiques of mediation Consideration of use of ADR in society: mediation for family disputes; arbitration and sports disputes; mediation and clinical negligence disputes. ADR and conflict resolution. Assessment Essay 50% Exam 50% TOTAL 100% Indicative reading list Core Abel, (1982) (ed.) The Politics of Informal Justice. London: Academic Press. Bevan, (1992) Alternative Dispute Resolution. London: Sweet and Maxwell. Folberg and Taylor (1984) Mediation. San Francisco: Jossey-Bass. Palmer & Roberts, (1998) Dispute Processes: ADR and the Primary Decision Forms of Decision Making. London: Butterworths. Lecture notes, links to journal articles, case law and websites are posted on the module’s Moodle page (DCU’s online learning environment). Supplementary Conneely, (2001) Family Mediation in Ireland. Dartmouth: Ashgate. Folger and Bush, (1994) The Promise of Mediation. San Francisco: Jossey-Bass Publishers. Genn, (1999) Mediation in Action: Resolving Courts Disputes Without Trial. London: Calouste Gulbenkian Foundation. MacFarlane, (1999) Rethinking Disputes: The Mediation Alternative. London: Cavendish Publishing. Moore, (1991) The Mediation Process: Practical Strategies for Resolving Conflict. San Francisco: JosseyBass. 67 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 48 Mulcahy, Selwood, Summerfield and Netten, (2000) Mediating Medical Negligence Claims: An Option for the Future? London: The Stationery Office. Palmer & Roberts, (2005) ADR and the Primary Forms of Decision-Making. 2nd ed. Cambridge: Cambridge University Press. Spencer & Brogan, (2007) Mediation Law and Practice. Cambridge: Cambridge University Press. Stewart, (2003) Arbitration – Commentary and Sources. Dublin: Firstlaw Ltd. Higgins E. & Tatham, (2006) Successful Legal Writing. 1st ed. London: Thomson – Sweet & Maxwell Knowles & Thomas (2006) Effective Legal Research. 1st ed. London: Thomson – Sweet & Maxwell. Bradney, et al. (2005) How to Study Law. 5th ed. London: Thomson – Sweet & Maxwell. The following websites are good sources of information: www.courts.ie www.irlgov.ie www.firstlaw.ie www.westlaw.ie www.irlii.org www.justis.com http://sportsdra.ie/index.htm Journals: Current Legal Problems Dispute Resolution Journal Journal of Law and Society Law and Contemporary Problems Law and Policy Law and Society Review Ohio State Journal on Dispute Resolution Pepperdine Dispute Resolution Journal Yale Law Journal 49 Module descriptor Dublin City University Module title Placement: Law in Society Module code 68 LGXXX School/Faculty/Theme School of Law and Government Module Co-ordinator Dr Noelle Higgins Office number C231 Level 3 Credit rating 5 Pre-requisite(s) 69 Co-requisite(s) 70 Note: Students cannot choose both the dissertation option and this option. Note: The number of places on this module are limited. ∗ Module aims The aim of this module is to offer students the opportunity to combine the theory of law with the observation and the experience of law in action in the profession legal environment, e.g. in community law centres such as Ballymun Community Law Centre and Irish legal organisations such as the Irish Penal Reform Trust., Migrant Rights Centre, and Irish statutory bodies such as the Irish Commission for Human Rights and the Equality Authority. This module aims to provide students with a set of transferable skills and an insight into the working of aspects of the Irish legal system and Irish society. It aims to enhance students' practical legal skills, e.g. interpersonal, communication, organisational and decision-making, and to allow them to apply their legal knowledge to actual legal issues. Learning outcomes At the end of this module students will have acquired improved practical skills such as communication and presentation skills. They will understand how to apply legal knowledge and theory to real legal issues. They will be able to appreciate how aspects of the Irish legal system and Irish society function in reality. They will also have gained valuable experience from working with experienced legal professionals. Indicative syllabus DCU has a successful history of integrating students' academic study with realistic placements in organisations, based on the work abilities of students and their programme objectives, through the INTRA office (see http://www.dcu.ie/intra/index.shtml). This module will draw on the valuable experience of this office to draw up guidelines for students taking up placements as part of their programme. ∗Students will apply for the module at the end of their second year. Only those obtaining a 2nd class honours grade one level will be eligible to apply. A selection committee will review applications and, if necessary, interview applicants. A seminar and guidance on the placement experience will be given to those students who undertake this module in Semester 1. Assessment 71 Observation Report 100% End-of-module examination 0% TOTAL 100 Indicative reading list Core Guidelines on the placement process will be available on the module's Moodle page (DCU's online learning environment). Students will also be directed to information and literature relevant to the specific organisation where they will be placed prior to the placement to prepare them for their position. 68 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 69 The title(s) and code(s) of any module(s) that must be completed before this module can be taken. 70 The title(s) and code(s) of any module(s) that must be taken at the same time as this module. 71 Include all relevant assessment elements and only relevant assessment elements. 50 Module descriptor Dublin City University – Year 1/2/3 Principles of Public International Law LG120 School of Law and Government Dr Adam McAuley C223 1/2/3 5 Module title Module code 72 School/Faculty/Theme Module co-ordinator Office number Level Credit rating Module aims The aim of this module is to enable students to study and evaluate the norms and rules of the public international law system. The module aims to provide students with a knowledge and appreciation of the sources and subjects of public international law. The module aims to enable students to undertake independent research in the area of public international law. The module also aims to enhance students' legal skills and critical thinking abilities on the module themes. Learning outcomes At the end of this module students will be able to: Understand the history, development and evolution of the public international law system. Access, research and understand the nature of public international law instruments. Appreciate how the public international law system regulates States and non-State actors. Understand the enforcement mechanisms in the public international law system and appreciate judgments of international judicial bodies such as the International Court of Justice. Make judgements on the application of the legal rules of the public international law system to hypothetical scenarios. Indicative syllabus Introduction to the Public International Law System - history, development and evolution of the system; nature of public international law system Sources of PIL - Conventional and Customary Sources of PIL, jus cogens norms, the role of the UN and other bodies in 'creating' PIL Subjects of PIL - Personality, Statehood and Recognition, Minorities, Non-State Actors General Principles of PIL - UN Declaration on Friendly Relations, Sovereignty, Humanitarian Intervention Breaches of PIL and their Consequences - State Responsibility, ICJ Genocide Case Responses to Breaches of PIL - Peaceful Settlement of Disputes, Collective Enforcement Contemporary Issues in PIL - Human Rights, the Law of Armed Conflict, international criminal tribunals Assessment Continuous Assessment 50% End-of-module examination 50% TOTAL 100% Indicative reading list Core Cassese, International Law, 2nd ed., (Oxford: OUP, 2004) Students should also refer regularly to legal journal and periodicals. They will also be directed to articles available on Library Databases JSTOR and Heinonline during the course of the module. Lecture notes, links to journal articles, case law and websites are posted on the module's Moodle page (DCU's online learning environment). Supplementary Bradney, Cownie, Masson, Neal & Newell, How to Study Law, 5th ed., (London: Thomson, Sweet & Maxwell, 2005) Dixon, Textbook on International Law, 6th ed., (Oxford, New York: OUP, 2007) Evans, International Law, 2nd ed., (Oxford, New York: OUP, 2006) Crawford, The Creation of States in International Law, 2nd ed., (Oxford, New York: OUP, 2006) Gray, International Law and the Use of Force, 3rd ed., (Oxford: OUP, 2008) Higgins, & Tatham, Successful Legal Writing, (London: Thomson, Sweet & Maxwell, 2006) Knowles & Thomas, Effective Legal Research. 1st ed. London: Thomson, Sweet & Maxwell, 2006) Mahoney, The Challenge of Human Rights, (MA: Blackwell, 2007) Orakhelashvili, Peremptory norms in international law, (Oxford: OUP, 2006) Ratner, Accountability for Human Rights Atrocities in International Law, Oxford: OUP, 2001). Sassoli,, How does Law protect in War?, 2nd ed., 2006, Geneva: ICRC. Shaw, International Law, 5th ed., (Cambridge: CUP, 2003) 72 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 51 Module descriptor Dublin City University – Year 3 Law of Trusts LGXXX School of Law and Government Dr Olivia Smith C221 3 5 Module title Module code 73 School/Faculty/Theme Module co-ordinator Office number Level Credit rating Module aims The aim of this module is to enable the student to study and evaluate the role of the trust mechanism across a number of areas. The module aims to provide students with a knowledge and critical appreciation of, the substantive rules of the subject area in this complex and evolving area of law. The module aims to enhance students’ legal and critical skills in the context of the subject area. Learning outcomes: At the end of this module students will be able to: Understand the historical background to the trust concept Research, organise and deliver a group presentation on the role of the trust mechanism in disputes over ownership of the family home Appreciate the emerging role of the trust as a remedial device in commercial matters Access and evaluate complex primary sources of law relating to the trust Make judgements on the application of the legal rules to hypothetical factual scenarios Indicative syllabus Introduction to the legal concept of the trust and the nature of property in trust Historical and Contemporary uses of the trust Trusts, Certainties and Powers The Constitution of Trusts – the role of the doctrine of unconscionability in the creation and operation of trusts Resulting Trusts Contemporary Analysis of the Trust Mechanism: Trusts of the Family Home Charitable Trusts Constructive Trusts and Strangers to the Trust – the role of the trust as a remedy in commercial matters The Fiduciary Nature of trusteeship and the influence of the trust on legal rules imposing obligations on solicitors, agents and company directors Breach of Trust Critical Perspectives on the Trust Device Assessment Group project 30% End-of-module examination 70% TOTAL 100% Indicative reading list Core Delany, Equity and the Law of Trusts in Ireland (Thomson Roundhall, 2007) Scott Hunt and Lim (eds.), Feminist Perspectives on Equity and Trusts (Cavendish, 2001) Pearce and Stevens, The Law of Trusts and Equitable Obligations 4th ed. (Oxford University Press, 2006) Pettit, Equity and the Law of Trusts 10th ed. (Oxford University Press, 2006) Hudson, Equity & Trusts 5th ed. (Cavendish, 2007 ) Martin, Modern Equity 17th ed. (Thomson Sweet and Maxwell Hayton, The Law of Trusts (Sweet and Maxwell, 2003) Supplementary Mee, The Property Rights of Co-Habitees (Hart Publishing, 1998) Hudson, New Perspectives on Property Law, Human Rights and the Home (Cavendish, 2004) Mitchell and Moody (eds.) Foundations of Charity (Hart Publishing, 2000) Birks and Pretto (eds.) Breach of Trust (Hart Publishing, 2002) Wildblood et al. Cohabitation and Trusts of Land (Sweet and Maxwell, 2006) Oakley, Constructive Trusts (Sweet and Maxwell, 2008) O’Halloran, Charity Law (Roundhall, 2000) 73 To be provided by the Registry in conjunction with the School/Faculty/Theme offering the module. The initial letters refer to the School/Faculty/Theme, the first digit refers to the level and the subsequent digits are unique to the module. 52