SCHOOL of LAW
Guide for Visiting
Law Students
2013/2014
LOCATION OF SCHOOL
The School of Law is located on Floor 2 and Floor 3 of Tower Two. Access may be gained through the stairways
and lift located at the Bank of Ireland end of the Concourse.
SCHOOL SECRETARIAT
The School secretariat is located in Room 406, Floor 2 of Tower Two. During this academic year, the office will
be open each day, Monday to Friday, from 11.30 a.m. to 1.00 p.m. and from 2.15 p.m. to 5.00 p.m. The office of
the School Administrator, Mr. Des McSharry, is located on the Concourse, behind the O'Flaherty Theatre, in Room
206. All questions relating to course and examination regulations should be raised with Mr. McSharry in the first
instance.
SCHOOL ADMINISTRATION
Prof. Donncha O’Connell
Head of School
Mr. Des McSharry
Administrative Officer
Ms. Geraldine O’Rourke
Administrative Assistant
Ms. Carmel Flynn
Administrative Assistant
Ms. Tara Elwood
Administrative Assistant
Mr. Michael Coyne
IT Administrator
School Web Address
School Fax Number
(091) 492388
donncha.oconnell@nuigalway.ie
(091) 492615
des.mcsharry@nuigalway.ie
(091) 493082
geraldine.orourke@nuigalway.ie
(091) 492389
carmel.flynn@nuigalway.ie
(091) 492752
tara.elwood@nuigalway.ie
(091) 494067
michael.coyne@nuigalway.ie
http://www.nuigalway.ie/law/
(091) 494506
ACADEMIC STAFF
Buckley, Ms. Lucy-Ann
Callanan, Ms. Deirdre
Connolly, Ms. Ursula
Donnelly, Mr. Larry
Egan, Dr. Anne
Gardiner, Ms. Caterina
Griffin, Mr. Diarmuid
Hanly, Mr. Conor
Hinds, Ms. Anna-Louise
Kenna, Dr. Padraic
Kennedy, Mr. Rónán
Kerin, Mr. Lughaidh
Keys, Dr. Mary
Long, Dr. Ronan
McGonagle, Mrs. Marie
McGrath, Mr. Joe
McInerney, Mr. Pat
Mills, Dr. Oliver
Murphy, Ms. Nicola
O’Connell, Mr. Donncha
O’Mahony, Mr. Charles
O’Malley, Mr. Thomas
O’Sullivan, Ms. Maureen
Quinlivan, Ms. Shivaun
Quinn, Professor Gerard
Smyth, Ms. Ciara
lucy-ann.buckley@nuigalway.ie
deirdre.callanan@nuigalway.ie
ursula.connolly@nuigalway.ie
larry.donnelly@nuigalway.ie
anne.egan@nuigalway.ie
caterina.gardiner@nuigalway.ie
diarmuid.griffin@nuigalway.ie
conor.hanly@nuigalway.ie
anna.hinds@nuigalway.ie
padraic.kenna@nuigalway.ie
ronan.m.kennedy@nuigalwayie
lughaidh.kerin@nuigalway.ie
m.keys@nuigalway.ie
ronan.long@nuigalway.ie
marie.mcgonagle@nuigalway.ie
joe.mcgrath@nuigalway.ie
pat.mcinerney@nugalway.ie
oliver.mills@nuigalway.ie
nicola.murphy@nuigalway.ie
donncha.oconnell@nuigalway.ie
charles.o’mahony@nuigalway.ie
tom.omalley@nuigalway.ie
maureen.osullivan@nuigalway.ie
shivaun.quinlivan@nuigalway.ie
gerard.quinn@nuigalway.ie
ciara.m.smyth@nuigalway.ie
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CONSULTATION WITH LECTURERS
Lecturers set aside regular times for consultation with students and these times are posted on their office doors.
AVAILABILITY OF PHOTOCOPIED MATERIAL
Some of the reading required for certain courses is available on a pay-as-you-get basis in photocopied form, and
can be purchased from the print shop “Print That” which is located on the main concourse (Adjacent to Smokey
Joes coffee area). The opening hours are 8.30am to 6.00pm.
THE LIBRARY
Effective use of the library is a crucially important part of legal education. Students should take advantage of every
opportunity to familiarise themselves with the library and the services it offers. Nowadays many excellent services
are available through electronic sources (located on the ground floor of the library). Training sessions are available
and details may be had from the information desk in the library.
Law Librarian
Mr. Hugo Kelly
(091) 493359
Hugo.kelly@nuigalway.ie
ACADEMIC CALENDAR
Monday, 2nd September 2013
Saturday, 23rd November 2013
Monday, 25th November 2013
Monday, 2nd December 2013
Tuesday, 17th December, 2013
18th December, 2013 – 12th January 2014
Semester I begins
Teaching ends
Study Week
Examinations begin
Examinations end
Christmas Vacation
Monday, 13th January 2014
Friday, 4th April, 2014
Saturday, 5th April – Monday 14th April, 2014
Tuesday 15th April, 2014
Thursday 17th April – Wednesday 23rd April 2014
Thursday, 24th April, 2014
Wednesday, 14th May, 2014 (approx.)
Semester II begins
Teaching ends
Study Week
Examinations begin
Easter Holidays
Examinations recommence after Easter
Examinations end
Examinations
Assessment is mainly by a written terminal examination of two hours duration, although some courses
may use assessment by course work such as projects or essays. Marks are awarded out of 100%, and the
pass mark is 40%.
Standards:
40% or above:
50% or above:
60% or above:
70% or above:
Pass
Second Class Honours, grade 2
Second Class Honours, grade 1
First Class Honours
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Schedule of Courses for Visiting Students 2013/2014
Semester One:
Code
ECTS
Examination
LW337
LW374
LW215
LW229
LW333
LW227
LW202
LW409
LW357
LW263
LW503
LW513
LW238
LW372
LW356
LW383
LW382
LW343
LW108
LW212
LW225
LW379
LW354
LW517
LW220
LW203
Administrative Law I
Banking Law
Commercial Law
Company Law I
Comparative Competition Law
Constitutional Law I
Contract Law I
Criminal Law I
Environmental Law I
Equity I
European Union Law I
Evidence I
Family Law I
Insurance Law
Industrial and Intellectual Property Law
Information Technology Law
International Business Law
International Protection of Human Rights
Irish Legal System
Labour Law I
Land Law I
Legal & Business Ethics
Media Law
Public International Law I
Sociology of Law
Tort I
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Continuous Assessment
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Continuous Assessment
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Continuous Assessment
Two hour exam
LW422
LW371
LW231
LW370
LW228
LW205
LW413
LW365
LW394
LW398
LW393
LW358
LW385
LW265
LW426
LW504
LW514
LW239
LW419
LW405
LW232
LW364
LW216
LW226
LW415
LW518
LW206
Administrative Law II
Alternative Dispute Resolution
Company Law II
Comparative Disability Law
Constitutional Law II
Contract Law II
Criminal II
Criminology
Criminal Justice
English Land Law
Entertainment Law
Environmental Law II
European Human Rights
Equity II
EU Competition Law
European Union Law II
Evidence II
Family Law II
Health & Safety Law
Health Law & Policy
Housing Law & Policy
International Trade Law
Labour Law II
Land Law II
Law of the Sea
Public International Law II
Tort II
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
Two hour exam
LW308
Jurisprudence (only available to students
visiting for the full year)
10
Two hour exam
Semester Two:
Year-long Courses:
4
SYLLABI OF COURSES 2013/2014
LW337 Administrative Law I: This course will examine the following fundamental issues in public law. (1) The courts,
judicial decision-making, judicial independence and accountability. (2) The ingredients of fair decision-making, including
the rule against bias and the other elements of constitutional justice. (3) Legitimate expectations. (4) The supervisory
jurisdiction of the High Court by way of judicial review, including the scope of public law remedies and their discretionary
nature. (5) A case study in one of the above areas.
LW422 Administrative II: This course will deal with more advanced public law issues including the following. (1)
Procedures for applying for judicial review. (2) Tribunals of Inquiry and similar bodies, including an examination of their
role and their relationship with the courts. (3) Constitutionalism: models of constitution-making. (4) The key elements of
the British Constitution including parliamentary sovereignty, the rule of law, devolution, the prerogative and conventions.
(5) The liability of public bodies in contract and tort.
LW371 Alternative Dispute Resolution: The aim of this course is to examine alternatives to court based litigation in the
resolution of disputes. After a review of civil practice and procedure in the Irish courts, the course concentrates on the
philosophy and methodologies of alternative dispute resolution (ADR). This includes a detailed analysis of domestic
arbitration law. The course also deals with other forms of binding ADR, eg international commercial arbitration, mediation
- arbitration (med-arb), and adjudication; as well as non-binding forms such as mediation\conciliation. An important
element of the course is that dealing with the principals of negotiation and students participate in a number of role playing
exercises based in the Harvard Negotiation Project. The course is taught over one semester.
LW374 Banking Law
The legal position and regulation of banks and the banker-customer relationship are explored in this course. The legal duties
and liabilities of banks to customers and third parties are examined in relation to banking transactions, the provision of
advice, and confidentiality requirements. The legal regulation of both electronic and paper-based banking will be
considered.
LW215 Commercial Law
This course examines the law of agency and the law of sale of goods, two important integrated subjects forming the
foundations of commercial law. The course begins with an introduction to the nature and sources of commercial law.
Following this, the course will examine the law of agency, including the conceptual basis and nature of agency, the
authority of the agent, the rights and duties of the agent and the termination of the agency. This part of the course will also
examine the EU (Commercial Agents) Directive which provides for specific legal rules applying to self-employed agents
involved in the sale or purchase of goods. The course then deals with contracts for the sale of goods under the Sale of
Goods and Supply of Services Acts 1893-1980, including the scope of the legislation, the passing of property in the goods,
retention of title clauses, and the implied terms in the Acts relating to title, description and quality and fitness for purpose of
the goods. The remedies of buyer and seller will also be considered as will the law on exclusion clauses in sales contracts.
LW229 Company Law I: The Legal classification of organisations. Structures for the conduct of business, especially the
single trader, partnership, company and the co-operative society. The formation of a company by registration under the
Companies Acts. The concepts of corporate personality, limited liability, and ultra vires. The law relating to the
Memorandum and Articles of Association. The definition, function and legal duties of company promoters and directors.
Majority rule and minority rights.
LW231 Company Law II: The nature, issue, allotment and maintenance of capital. Mortgages, charges and receivership.
Company membership, shares and debentures, share certificates and share transfers. The law relating to company
management, administration, mergers, take-overs, and monopolies, companies, capitalism, and industrial democracy. The
EC company law harmonisation programme. The legal process and problems of company liquidation and dissolution.
LW333 Comparative Competition Law: The aim of the course is to familiarise students with the manner and extent to
which the law operates to regulate the market behaviour of businesses, and to enquire into the validity and practical
implications of such control. Systems to be studied in detail are those of the EU and Ireland with frequent comparative
reference made to UK and US law.
Specific topics include the concept of and perceived need for competition, historical development of competition law, the
various types of market structure and behaviour subject to control; the law relating to (i) restrictive trade practices, (ii)
concentrations of economic power; procedural and enforcement issues.
LW370 Comparative Disability Law: This course will deal with the law and policy affecting individuals with disabilities.
It will take as its starting point an examination of the general concept of equality and its application in the field of disability.
Specialist topics shall include consideration of the relevant portions of transportation law, education law, housing law,
employment law and planning law. The scope of the course shall be comparative in nature and shall cover in particular the
relevant UN, US, Canadian, Australian, Irish and European laws. Fifty per cent of the credit for this course will go towards
a paper.
5
LW227 Constitutional Law I: Deals with Irish constitutional history and includes a basic introduction to constitutional
theory. Its primary focus is on the 1937 Constitution as a constitutive instrument of statehood and in exploring this theme
there is a detailed consideration of the doctrine of separation of powers as it applies in Ireland.
LW228 Constitutional Law II: Deals with the fundamental right guaranteed by the Irish Constitution. This includes a
consideration of the doctrine of unenumerated rights developed under that instrument and the particular issues of
constitutional theory that arise in relation to fundamental rights jurisprudence generally.
LW202 & LW205 Contract Law – Formation; Contractual Terms; Capacity to Contract; Privity of Contract; Agency.
Vitiation; Discharge; Remedies; Restitution.
LW409 Criminal I: In this semester course, we will be concerned with the general principles of criminal liability. We
will consider the philosophical foundations of the criminal law, and the elements of liability. The semester will end with a
consideration of the principal general defences.
LW413 Criminal II: This semester course is concerned with the principal offences known to Irish law. We begin with
the Inchoate Offences – Incitement, Conspiracy, and attempts. The most serious offences – homicide, non-fatal offences,
and sexual offences are then considered, and the course will end with a consideration of the principal property offences and
the inchoate offences.
LW394 Criminal Justice: This course, which may be taken in conjunction with or independently of Criminology, will
examine certain key contemporary issues in Criminal Justice, notably crime prevention, policing, prosectution policy,
preventative detention, gender and crime, trial procedures, imprisonment, and related issues. These topics will be examined
from both the legal and sociological perspectives.
LW365 Criminology: This course will deal with certain fundamental questions connected with criminal justice policy:
the measurement of crime and the interpretation of criminal statistics; explanations of criminal behaviour; certain typologies
of crime notably white-collar crime and sexual offending; policing; penology and sentencing practice.
LW398 English Land Law: The aim of this course is to familiarise students with the principles and concepts governing
Land Law in England and Wales. A solid grounding in Irish Land Law is required. Topics for study will include: An
outline of the 1925 legislation and the doctrine of estates; land charges and the Land Charges Act, 1912; settlements and the
Settled Land Acts, 1925; trusts for sale; co-ownership; the rule against perpetuities; leases and tenancies; mortgages;
registration of incumbrance and title; licences; adverse possession; restrictive covenants; easements and profits a prendre;
succession law; family provision claims.
LW393 Entertainment Law: This course can be taken on its own or in conjunction with Media Law. Its primary focus is
on the audio-visual media: broadcasting, film, video, drama, music. The concept of artistic expression and its protection in
international and domestic law will be explored. Among the topics to be covered are copyright; recording and publishing
contracts; performing rights; film and video classsification; advertising and sponsorship; content restrictions such as those
relating to blasphemy, sex and violence, pornography and racism.
LW357 Environmental Law I: This course treats the legal regime regulating planning and development in Irish Law. The
Irish planning code and issues of statutory interpretation and public law arising therefrom are examined. The course looks
at: the institutions of planning control; the application for planning permission; participation by objectors; the appeal
process and judicial review of planning decisions; and compensation for refusal of development.
LW358 Environmental Law II: This course will examine the legal aspects of a number of different sources of pollution
including water pollution (inland and coastal), air pollution, waste, noise etc. The Common Law nuisance principles and the
Rule in Ryland v Fletcher will be examined, as well as recent case law in this area. Recent domestic legislation (in
particular the Water Pollution Act and the Air Pollution Act) as well as EC developments will be considered, particularly
from the point of view of monitoring and penalties for breach. The role of environment impact assessments will also be
considered.
LW263 Equity I: This course deals with the historical development of Equity and equitable remedies and doctrines.
Topics covered include: the origins and development of Equity; the relationship between Equity and Common Law; the
maxims of equity; equitable interests and equities; conflicts of legal and equitable rights; priorities and the doctrine of
notice. The course will also examine the equitable remedies, including the following: perpetual, interlocutory, interim,
mandatory and quia timet injunctions; the Mareva injunction and Anton Piller order; specific performance; rescission,
rectification and declaration; tracing; promissory and proprietary estoppel. Finally, the course will examine the concepts of
donatio mortis causa and constructive fraud, inlcuding fraud, undue influence, unconscionable transactions and abuse of
confidence.
LW265 Equity II: This course deals with the law relating to the institution of the trust. Topics covered include: the
nature and development of the trust; classification of trusts. Substantive and formal requirements for valid trusts. Secret and
half-secret trusts; incompletely constituted trusts. Presumed and automatic resulting trusts; the presumption of advancement;
trusts of the family home. Constructive trusts; benefits obtained by trustees and other fiduciaries; institutional and remedial
constructive trusts. Purpose trusts: charitable and non-charitable purpose trusts; the requirements of public benefit and of
6
charitable intention; the beneficiary principle; rules against remoteness; the doctrine of cy-près. The office, powers and
duties of trustees.
LW426 EU Competition Law: This course is designed to provide students with a comprehensive and up-to-date
knowledge of EU Competition Law. It will first largely focus on the substantive law under Articles 101 and 102 TFEU
(anti-competitive agreements and abuse of a dominant position). The practical aspects of competition law will also be
emphasised and Regulation 1/2003, which radically altered the implementation of Articles 101 and 102 TFEU, will be
exhaustively studied. Article 107 TFEU, which deals with state aid given to public and private undertakings, and the
“Merger Regulation”, which governs how mergers in the EU are regulated and policed, will also be explored.
LW503 European Union Law I:
The course is an introduction to the role of the institutions of the European Union in promoting European integration.
Consideration is given in particular to the functions of the Commission, the European Parliament, the Council and the Court
of Justice. Comparative reference is made to the institutional development of other European organisations, such as the
Council of Europe.
LW504 European Union Law II:
The course deals with the substantive law of the European Union. Particular emphasis is given to the basic freedoms of
Community law: the free movement of goods; the free movement of persons; the freedom of establishment; the freedom to
provide services; the free movement of capital; and the free movement of payments. Consideration is also given to Union
policies such as competition policy, the common agricultural policy, regional policy, industrial policy and social policy.
Comparative reference is made to the policies of other European organisations, such as the Organisation for Economic
Cooperation and Development.
LW385 European Human Rights: This course, which is taught over one semester, is primarily concerned with the
growing body of jurisprudence emerging from the European Commission and Court of Human Rights and, to a lesser
extent, the European Court of Justice, under the European Convention on Human Rights. The historical development of
human rights law in Europe will be examined and consideration will be given to the status of the Convention in the
domestic law of member states of the Council of Europe. Particular attention will be paid to its legal status and impact in
Ireland and Northern Ireland. The case law of the Court of Human Rights will be examined in a thematic way and the
various interpretative approaches adopted by the Court will be appraised critically. The European Social Charter and the
increasingly significant Organisation for Security and Co-operation in Europe will also be considered. (See also
International Protection of Human Rights below.)
LW513 & LW514 Evidence: Relevance and admissibility; Similar facts; Character evidence; Evidence of Opinion;
Hearsay evidence; Privilege; Estoppel; Evidence improperly obtained; Judicial notice; Presumptions; Witnesses;
Corroboration; The Criminal Justice (Evidence) Act, 1924; The burden of proof.
LW238 & LW239 Family Law: The course will be divided into two main parts: (a) marriage and the law of matrimonial
causes; (b) the law relating to children. Topics to be covered under (a) include marriage, nullity, judicial separation,
divorce, family property, maintenance; under (b) custody, guardianshhip, adoption, taking children into public care,
international abduction of children. Issues such as domestic violence, the rights of cohabitees, and related social issues,
such as social welfare and family support systems, will also be considered.
LW419 Health and Safety Law : This module places Health and Safety Law in a national and international legal context
providing students with an appreciation of the broad legal and policy objectives in this area. This course aims to show how
ongoing changes in this field affect the obligations imposed on employers both in terms of their employees and their
obligations to third parties. Illustrations of health and safety negligence range from tragic cases of death and injury in
industrial or manufacturing environments to income-threatening illnesses like RSI or stress in office situations; students will
address regulatory problems relating to such issues as the control of major hazards and emerging occupational health issues.
LW405 Health Law and Policy: This course will explore a range of important health and medical issues, such as consent
to treatment, confidentiality, civil and criminal liability of health care personnel, treating the terminally-ill patient,
reproductive medicine, and mental health law. The chosen topics will be examined from both a legal and public policy
perspective, and in light of emerging international norms.
LW232 Housing Law & Policy: This new course will explore traditional housing law areas such as mortgages, property
law, landlord and tenant law, succession, family law, conveyancing, planning and standards. It will also explore new
perspectives in this distinct and expanding area of Irish housing law and policy including EU law, international and
European human rights law and developments in consumer rights. Of particular concern will be the relationship between
law reform options and the social and other policies of the EU. The course will take into account evolving European capital
markets as well as the move towards Social Inclusion and rights-based approaches emanating from the United Nations and
Council of Europe.
7
LW356 Industrial and Intellectual Property Law: This course will examine the legal protection granted by statute and
the common law to industrial and intellectual property. It will examine patent law, copyright and trade mark law, beginning
first with an examination of the economic justification for such rights and then proceeding to examine the different sections
in detail. Consideration will also be given to breach of confidence and EC competition law as it bears upon intellectual
property rights.
LW383 Information Technology Law: This course examines the use of computers and other aspects of information
technology in legal research and practice and in the administration of justice generally. The legal problems created by the
use of such technology are also examined, such as, data protection, computer crime, legal problems of Electronic Data
Interchange, legal protection of interests in software, integrated circuits and other related topics.
LW372 Insurance Law
This course examines the general principles of insurance law, the regulation of insurance business and the insurance
contract. Aspects which are examined in detail include the important issues of non-disclosure, misrepresentation, and breach
of conditions and warranty. The course will also examine important aspects of selected types of insurance as prescribed
from time to time.
LW382 International Business Law: The aim of this course is to introduce students to the law and practice relating to
private international business agreements, and will normally include topics such as: Methods of harmonisation; raising of
capital; payment mechanisms; carriage of goods by sea; conflict of laws issues; dispute resolution. The course may also
deal with selected relevant topics to be prescribed from time to time by the professor responsible.
LW343 International Protection of Human Rights: This semester course deals with the efforts of the international
community of States to promote and to protect human rights. The strategies that the international community pursues are
examined in detail in the context of a number of areas which vary somewhat each academic year, but usually include the
following: civil and political rights; economic, social and cultural rights; children’s rights; women’s rights; the right to selfdetermination; and the rights of refugees. The roles of the United Nations and of number of other global organisations are
discussed. In the latter part of the course, consideration is given to the taking of sanctions for human rights violations and to
the influence of human rights concerns on the making of foreign policy. (See also European Human Rights above.)
LW364 International Trade Law: This course examines the legal framework of the international trade system. The ways
in which a State may encourage or frustrate trade are considered such as most favoured nation clauses, national treatment
clauses, escape clauses, dumping and export subsidies. Particular attention is devoted to the roles of the General Agreement
on the Tariffs and Trade (GATT), the International Monetary Fund, and, in the context of North-South trade relations, the
United Nations Conference on Trade and Development (UNCTAD).
LW108 Irish Legal System: This course comprises a general introduction to legal study, to the sources and institutions of
Irish Law and to legal method. The course covers the historical background to Irish Law and the growth of the legal system
including the constitutional and legal steps leading to the creation of the Republic of Ireland and Northern Ireland. The
legislative, administrative and judicial system of the Republic of Ireland is examined in detail. The course will include
exercises in analysing statutes and case law.
LW308 Jurisprudence: This course deals with the foundational ideas and doctrines of the Western legal order which will
be compared and contrasted with those of non-Western and totalitarian legal regimes. It will be divided into three broad
areas: (a) the history of western legality, constitutionalism, the rule of law, the tension between natural and positive law; (b)
schools of legal thought including the historical, formalist, sociological, realist, critical legal studies, law and economics; (c)
selected issues such as distributive justice, civil disobedience, law in totalitarian regimes.
LW212 Labour Law I: This course concentrates on the development of labour law and of employment rights. Key
issues include: the nature and terms of the employment contract; the impact of European labour provisions; institutional
regulation of labour law in Ireland and the European rights. A particular focus is on equality law (including gender, race
and disability discrimination in employment).
LW216 Labour Law II: This course examines three important types of legal relationship: that between an employee and
his/her employer; that between a trade union and an employer; and the relationship between and individual trade union
member and the union itself. Particular consideration will be paid to important legislative developments in the areas of the
parental rights of employees, occupational health and safety, unfair dismissals, transfers of undertakings and industrial
relations law. The module will also examine the increasingly important role of the European Union in this area of law as
well as the emergence of key principles of domestic constitutional law relevant to employment. The course will also
examine the issue of collective labour law, freedom of association and the law relation to trade disputes.
LW225 Land Law I: The aim of the course is to familiarise students with the principles and concepts governing
ownership, use and occupation of land in the Republic of Ireland. Topics for study will include: the nature of Land Law and
its historical background; tenure and the doctrine of estates, the fee simple, fee tail and life estate; settlements of land; the
influence of Equity; adverse possession; licences and proprietary estoppel; rights of residence; elements of Succession Law
8
LW226 Land Law II: The aim of this course is to familiarise students with principles and concepts governing ownership,
use and occupation of land in the Republic of Ireland. Topics for study will include registration of title; registration of
deeds; incorporeal hereditaments; covenants; future interests; co-ownership; family property; mortgages, including
judgment mortgages.
LW415 Law of the Sea: This course examines the law of the sea from an international, European and national
perspective. Topics covered include: codification of international law; the United Nations Law of the Sea Convention
(1982); Irish state practice (particularly the Maritime Jurisdiction Act (1959); baselines; the maritime jurisdiction zones internal waters, territorial sea, contiguous zone, 200-mile exclusive economic zone (EEZ)/fishery zone, continental self,
high seas and deep seabed; straits; delimitation of maritime zones. Particular reference is made to recent development in
European law regarding marine resource use and environmental protection. Additional addressed include: marine scientific
research; use of the seas for military purposes; the protection of sensitive marine habitats; underwater cultural heritage; and
the settlement of disputes. The treatment of the subject may entail a number of case studies examining contemporary issues
such as: the transport of migrant workers by sea; the Mox Plant case; and recent developments in international law
concerning whaling.
LW379 Legal and Business Ethics
After a general introduction to ethics, this course examines the nature and role of the legal profession, including the
employed or in-house lawyer. The ethical responsibilities of lawyers and persons in business are examined domestically and
comparatively. The course will also deal with the enforcement of ethical codes and examine selected relevant topics to be
prescribed from time to time by the professor responsible.
LW354 Media Law: This course examines the nature and role of the media in a modern society and the extent to which
law regulates and curtails media activity. It examines the basic laws of libel and contempt, offences against the State and
public morality, and considers whether those laws adequately reflect modern social values or take sufficient account of
recent and ongoing media developments.
LW517 & LW518 Public International Law: The course is an introduction to the basic legal rules of the international
political system. The issues discussed include: the problem of rule-making in the international system; the recognition of
States and Governments; the rules relating to jurisdiction and current disputes over extraterritorial jurisdiction; human rights
and self-determination; the acquisition and loss of State territory; the law of the sea and of air and outer space; the law of
treaties; the use of force; and rules relating to State liability for wrongful actions, such as liability for acid rain. A number of
case studies will deal with topics of particular contemporary interest. The final section of the course is a consideration of the
extent to which rules of international law can be said to constrain State behaviour.
LW220 Sociology of Law: This course deals with four main topics: (1) the social nature, sources and functions of law; (2)
social and philosophical critiques of law; (3) the social and practical consequences of law; (4) the enforcement of law,
including (a) an examination of legal institutions and personnel (the courts, the legal profession and the police), and (b)
punishment for breach of the law (including sentencing theory). This course is examined by continuous assessment.
LW203 Tort I & LW206 Tort II: Introductory; General Principles of Liability; Trespass and nuisance; Defamation;
Negligence; Statutory Duties; Domestic and economic relations; Industrial Relations; Deceit and injurious falsehood;
Wrongful Process of Law; Parties; Miscellaneous Defences; Damages; General Principles; Remedies.
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