Department of Hist Lancaster University Law School Handbook for Visiting International Students Erasmus and Study Abroad 2015/2016 Contents Introduction……………………………………………………………………………………… 1 Law School Contact Details …………………………………………………………………… 2 Useful Information ……………………………………………………………………………... Disability and Support Needs The College System 3 International Office …………………………………………………………………………….. General Information Contact details 3 The Law School …………………………………………………………………………………. Law Courses …………………………………………………………………………….. Erasmus Study Abroad Coursework and Assessment …………………………………………………………... Plagiarism Using the Library Extensions Grades ……………………………………………………………………………………. Grading Table with explanatory notes 4 4 Available Modules……………………………………………………………………………….. 10 0 6 9 Introduction Welcome to Lancaster University Law School. Lancaster University has a strong tradition of supporting exchange programmes and is home to students from many countries. This gives a decidedly international atmosphere to the University, of which we are proud and which we are determined to maintain and strengthen. The purpose of this handbook is to provide you with important information relating to the courses you can study while at Lancaster University, and to provide links to key contacts and information. Lancaster University is one of the United Kingdom's top ten Universities for research. The Faculty of Arts and Social Sciences (FASS) which is the home of the Law School, is one of four faculties at Lancaster University. It is situated in 145 hectares (360 acres) of parkland, standing on a ridge overlooking the sea to the West, with views of the celebrated Lake District and Pennines to the North and East. The historic city of Lancaster, with its famous castle, is only a few minutes travel by car, with frequent bus connections. Manchester City can be reached in about an hour, Manchester International Airport in ninety minutes. Visit the Universities travel pages for further information. Students from outside the United Kingdom enhance the atmosphere of the University giving it a cosmopolitan flavour. Lancaster University has about 3,000 international students, from over 100 countries.. We hope that you thoroughly enjoy your time here at Lancaster University. 1 Contact Details The Law School Email: Phone: Fax: Post: law@lancaster.ac.uk +44 (0)1524 (5)92465 (92465 from an internal phone) +44 (0)1524 848137 Lancaster University Law School Bowland North Bailrigg Lancaster United Kingdom LA1 4YN Director of International Degrees and Study Abroad Law Programmes Dr Amanda Cahill-Ripley a.cahill@lancaster.ac.uk +44 (0)1524 (5)94930 C62 Bowland North Lancaster University Law School Deputy Director International Degrees and Study Abroad Law Programmes Dr Esin Kucuk e.kucuk@lancaster.ac.uk +44 (0)1524 (5) 94002 C44 Bowland North Lancaster University Law School Administrators Ms Sarah Moorhouse s.moorhouse@lancaster.ac.uk +44 (0)1524 (5)92463 C95 Bowland North Lancaster University Law School For LLM module information please contact Ms. Eileen Jones e.jones@lancaster.ac.uk C59 Bowland North Lancaster University Law School 2 Useful Information Disability and Support Needs Lancaster University makes thorough provision for students with support needs, and has won awards for its facilities in this regard. Please contact student based services: Website: Email: Phone: Post: http://www.lancs.ac.uk/sbs/ thebase@lancaster.ac.uk +44 (0) 1524 592525 (01524) is the Lancaster area code, drop the ‘0’ if calling internationally) Student Based Services, A9, University House, Lancaster University, Lancaster, LA1 4YW. The College System The University is based on a college system. Every student and member of staff belongs to a college, independent of departmental affiliation. The colleges provide a focus for social activities, and visiting students have found the system beneficial for integration into the student community. Further information about the Colleges is available online at: http://www.lancaster.ac.uk/study/teaching-and-learning/collegiate-system/ International Office The international office team works alongside other departments at the university providing a service for visiting students and home students wishing to study abroad. They provide information and advice on matters such as Course entry requirements and the application process Visas and Immigration English Language Entry Requirements and Support Fees and funding Accommodation Learning Agreements Please visit the Lancaster University’s International Students pages for further details at http://www.lancaster.ac.uk/study/international-students/ Or contact the International office Email: Phone: Post: internationaloffice@lancaster.ac.uk +44 (0)1524 592037 International Office, C Floor, University House Lancaster University, Lancaster, LA1 4YW 3 The Law School The Law School is rated in the top 20 in the UK, and is the top ranking Law School in the North West. The Law School has an outstanding reputation for its research, which ranges from traditional ‘black letter’ law to critical, socio-legal and interdisciplinary research. In the 2014 Research Evaluation Framework 80% of Lancaster University Law School's research was rated as ‘world leading’ or ‘internationally excellent’ (REF 2014). The School enjoys some of the best class sizes in the country, with first year seminar groups of around 10 students, and second and third year groups not normally exceeding 15. An exceptionally high proportion of teaching is undertaken by established academic staff compared with other leading law schools, and our professoriate is fully engaged with undergraduate as well as postgraduate teaching and supervision. The following section provides information on courses, including restrictions on courses; available modules; grades, including transcript and credit information, Lancaster University grading tables, and an explanation of the grading system; and contact information for the law school. Law Courses Courses are available at various levels to suit the differing needs, interests and aptitudes of the student; i.e. at different levels of undergraduate study. Subject to any special requirements of your home university, and subject to the School's approval, you may choose to follow any of the courses listed in this handbook. Some courses last for the whole academic year (full units) and some for one term (half units). In some cases you must have taken certain pre-requisite courses. Each course will normally involve 2 hours of lectures per week and 1 hour of tutorials every two weeks, plus at least 7 - 8 hours of private study time per week. All visiting students must have a sufficiently competent command of the English language so as to participate fully in all courses on the same basis as home students. Please see contact the Lancaster University International Office (details above) if you have concerns about this. 4 Erasmus Students Undergraduate full units (courses lasting two terms) are worth 16 ECTS credits; half-units (courses lasting one term) are worth 8 credits. Postgraduate courses are worth 10 ECTS but you must be in your fourth year of study or above to undertake these modules. Students staying for a full academic year should study a minimum of 60 ECTS and no more than 64 ECTS credits. Students staying for two terms should study no fewer than 32 ECTS and no more than 48 credits worth of courses. Students staying for Michaelmas term (Term 1) only should study no more than 24 credits worth of courses. Students should indicate a preliminary course selection on their application forms. Should students wish to change their registration choices, they can do so at registration when they arrive. If students subsequently wish to change their choices once courses have commenced, they must notify the Law School’s Undergraduate Office (C100 Bowland North Buildings, Lancaster University) of the changes no later than the second week of term. Please note not all courses run every year. This handbook provides an up to date list of courses for the current/forthcoming academic year. Please also note that Postgraduate courses are subject to minimum numbers. Therefore students may need to choose alternative options if the minimum number of students required is not reached. Study Abroad Students If you are a visiting or study abroad student, credits will vary according to your home institution. Study Abroad and visiting students will be asked to select their modules when they register with the Department. Should students wish to change their registration choices, they must notify the Law School’s Undergraduate Office (C100 Bowland North Buildings, Lancaster University) of the changes no later than the second week of term. 5 Coursework and Assessment Courses are taught by lectures and tutorials. Much emphasis is placed on preparation for small-group teaching in tutorials and seminars, where students are expected to participate actively to develop their powers of legal analysis, presentation, advocacy and other legal skills. Students are often expected to purchase for each course a textbook and/or casebook, and to engage in a significant amount of library and information technology research for their courses. Student assessment is by a combination of coursework and written examinations. The particular form varies with the course. Visiting students are expected to do the same work as home students, as this is part of the experience of studying abroad . Some courses require students to write researched papers, others require oral presentations, teamwork exercises, moot court performances, and debates. In some courses the assessment is entirely by either coursework (100%) or exam (100%). Students should be aware of the method of assessment at the beginning of the course. You should consult with the convenor as to the type of assessment prescribed for the course, if you are unsure. Assessment of visiting students varies according to the course, and the period for which the student is visiting. Where a student is staying for the entire year, they will have to do the same coursework and sit the same examinations as home students, including (depending on the course) the end of year examination sat by the home students. These examinations are held in May/June. The mark for the course will then consist of an aggregate of the assessed coursework(s) and the examination. Typically, this means students staying for a full year will have to write 8 x 2,500 essays and sit approximately 12 hours of examinations (the actual format of the work will vary considerably depending on the courses taken). Where visiting students are staying for less than a full year (and so not attending the examinations), then the usual method of assessment is by the normal coursework that would be required of a home student, plus a supplementary piece of coursework in lieu of an examination in each course followed. Typically, for students staying only one or two terms, this means that for each course followed the student will write 2 x 2,500 word essays or 1 x 5,000 word essay. The form of this supplementary coursework must be agreed upon with the Course Convenor. The Law School offers resits for visiting students by coursework submission only. Please note that any resit coursework undertaken will be capped at the pass mark. 6 Plagiarism PLAGIARISM IS AN ACADEMIC OFFENCE Lancaster University is committed to: • defending the academic credibility and reputation of the institution • protecting the standards of its awards and their value to graduates • ensuring that its students receive due credit for the work they submit for assessment • advising its students of the need for academic integrity, and providing them with guidance on best practice in studying and learning • educating its students about what intellectual property is, why it matters, how to protect their own, and how to legitimately access other people’s, and • protecting the interests of those students who do not cheat. In support of these commitments plagiarism is understood to include, in whatever format it is presented, including written work, online submissions, group work or oral presentations, the following: • the act of copying or paraphrasing a paper from a source text, whether in manuscript, printed or electronic form, without appropriate acknowledgement (this includes quoting directly from another source with a reference but without quotation marks) • the submission of all or part of another student’s work, whether with or without that student’s knowledge or consent • the commissioning or use of work by the student which is not his/her own and representing it as if it were • the submission of all or part of work purchased or obtained from a commercial service • the submission of all or part of work written by another person, whether by another member of the University or a person who is not a member of the University • reproduction of the same or almost identical own work, in full or in part, for more than one module or unit of assessment of the same Lancaster University programme of study • directly copying from model solutions/answers made available in previous years. Where any of the above occur then in consideration of that case due account will be taken of such things as the level of intent, the proportion of assessment affected and any previous offences of the same kind. The rules of the university and the examination regulations define in detail the definitions and penalties for dealing with malpractice. The penalties for plagiarism offences can be found on the university website at: https://gap.lancs.ac.uk/ASQ/Policies/Documents/Plagiarism-Framework.pdf It is important that you abide by these rules and don’t attempt to gain advantage by any unfair means. When submitting coursework, it must be your own work and any assistance must be correctly acknowledged. Please also refer back to the relevant section on referencing above and the OSCOLA website. o Help with writing essays Single File 7 Things You Need to Know – Moodle Site For up to date information on all Law School Policies including those regarding Coursework Submission, Marking Criteria, Plagiarism, Coursework Extensions etc. please see the Moodle site Law Office Online and Things You Need to Know Regarding Coursework Extensions please note that if you require a coursework extension you must fill out an Extension Request Form in advance of the deadline. If you do not fill out the form the Coursework Officer will not consider your request. Using the Library If you would like to know more about using the library for legal research please consult the Library Guides webpages at http://lancaster.libguides.com/. If you have trouble locating reading materials, including using electronic databases, please contact Lorna Pimperton, the Law Subject Librarian via l.pimperton@lancaster.ac.uk Grades The system in general use throughout Lancaster University is reprinted on the next page from the University’s regulations as a guide to expected standards for Undergraduate level study. A brief guide for students, incorporating the table, aggregation scores and what they mean, other elements of the regulations, and a list of frequently asked questions can be found at http://www.lancs.ac.uk/sbs/registry/docs/NewAssessmentRegs/Student_FAQ.pdf Further information on your transcript can be found at http://www.lancaster.ac.uk/study/international-students/studyabroad/incoming/transcripts-and-credits/ For Postgraduate grading criteria please see the LLM Handbook. 8 Criteria for grading qualitative assessment (Undergraduate) Result Broad Descriptor Grade Aggre gation Score Primary level descriptors for attainment of intended learning outcomes Pass A+ 24 A 21 A– 18 Exemplary range and depth of attainment of intended learning outcomes, secured by discriminating command of a comprehensive range of relevant materials and analyses, and by deployment of considered judgement relating to key issues, concepts and procedures B+ 17 B 16 B– 15 Satisfactory C+ 14 Pass Pass Pass Excellent Good Weak C 13 C– 12 D+ 11 D 10 D– 9 Conclusive attainment of virtually all intended learning outcomes, clearly grounded on a close familiarity with a wide range of supporting evidence, constructively utilised to reveal appreciable depth of understanding Clear attainment of most of the intended learning outcomes, some more securely grasped than others, resting on a circumscribed range of evidence and displaying a variable depth of understanding Acceptable attainment of intended learning outcomes, displaying a qualified familiarity with a minimally sufficient range of relevant materials, and a grasp of the analytical issues and concepts which is generally reasonable, albeit insecure Honours Class First Upper Second Lower Second Third Fail Marginal fail F1 7 Attainment deficient in respect of specific intended learning outcomes, with mixed evidence as to the depth of knowledge and weak deployment of arguments or deficient manipulations Fail Fail F2 4 Fail Poor fail F3 2 Attainment of intended learning outcomes appreciably deficient in critical respects, lacking secure basis in relevant factual and analytical dimensions Attainment of intended learning outcomes appreciably deficient in Fail respect of nearly all intended learning outcomes, with irrelevant use of materials and incomplete and flawed explanation Fail Very poor fail F4 0 No convincing evidence of attainment of any intended learning outcomes, such treatment of the subject as is in evidence being directionless and fragmentary 9 Module Mnem. Course Title ECTS LAW LAW LAW LAW LAW LAW LAW LAW LAW LAW LAW LAW LAW LAW LAW LAW LAW LAW LAW LAW LAW LAW LAW LAW 10 10 8 16 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 16 101 104 202 206 213c 226 230 240 249 251 257 261a 264 297 307 310 311 313 316 319 327 330 343 350 LLM modules LLM 5105 LLM 5119 LLM 5120 LLM 5201 LLM 5204 LLM 5205 LLM 5207 LLM 5212 LLM 5213 LLM 5215 LLM 5217 LLM 5220 LLM 5221 LLM 5231 LLM 5233 LLM 5235 LLM 5236 LLM 5238 LLM 5241 English Legal Systems and Methods Criminal Law Introduction to Property Law Company Law Public Law Introduction to Business Law Principles of Employment Law Family Law Law of Evidence International Human Rights International Law European Law Lawyers and Society Introduction to Comparative Law Courts, Law and Politics in Comparative Perspective Civil Liberties and Human Rights Responses to Massive Human Rights Violations Intellectual Property Asylum and Immigration Law Competition Law Jurisprudence Crime and Criminal Justice Health Care Law and Ethics Gender and the Law Law and Global Health Intellectual Property Corporate Governance European Union Law European & International Competition Law International Law International Business Law and Institutions (WTO) International Environmental Law International Human Rights Law International Terrorism and the Law Corporations in International Business Law The Rights of Peoples, Minorities and Indigenous People The Law of International Organisations and Institutions Companies and Contracts Independent Research Conflicts of Law in Business Relations International Criminal Law Environmental Law Gender, Sexualities and Human Rights 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 Please note LLM modules will only run if sufficient numbers are enrolled 10 LAW 101 Module Mnemonic: Course Title: Credit Weighting: Unit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Co-requisites: (courses that must be taken alongside this course) Assessment Structure: Private Study Hours: Suggested Readings: LAW 101 Law 101 English Legal Systems and Methods 10 ECTS Half Unit MICHAELMAS Dr Siobhan Weare The aims of this module are to enable students to develop their critical awareness of the social and political context in which law operates, by identifying the law as a historical, sociological, cultural and political phenomena. The module will examine the sources, nature, role and significance of law in modern society. In addition, it will explore the functions of law within society and illustrate how law may be used to achieve social goals. The module will identify the principal methods by which law is reported and the principal features of the court system in England and Wales. It will look at the roles of the people working in the legal system. The students will also learn legal research and writing skills. Coursework 60%, Computer administered test 25% Seminar Performance factor 15% - 11 LAW 104 Module Mnemonic: Course Title: Credit Weighting: Unit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Co-requisites: (courses that must be taken alongside this course) Assessment Structure: Private Study Hours: LAW 104 Law 104 Criminal Law 10 ECTS Half Unit LENT Georgina Firth Criminal Law may be defined as a body of rules concerned with the prevention and punishment of acts and omissions deemed to be public wrongs. This course introduces students to and conducts a broad investigation of the body of rules that make up Criminal Law. However, as Criminal Law is more than a body of rules, the course adopts a contextual approach to an understanding of the substantive law and of issues over how criminal responsibility is constructed and ascribed. As such, the course examines not only the general principles of Criminal Law but also selected major offences. It considers the nature, structure, aims and functions of Criminal Law while paying particular attention to the constituent elements of offences against the person and property. The course addresses key concepts of Criminal Law including the actus reus element - the requirement for a criminal act or omission - and the mens rea element - the culpable mental state. It also examines such matters as conceptions of harm; causation and criminal liability; accomplice liability and inchoate criminality (attempt, conspiracy and incitement); homicide; non-fatal offences against the person; sexuality and the enforcement of morality; theft and deception offences; and general defences. Law 101 A single, in-class, timed problem question plus a three-hour exam in the Summer Term. Exam 70% Test 30% - 12 LAW 202 Module Mnemonic: Course Title: Credit Weighting: Unit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Co-requisites: (courses that must be taken alongside this course) Assessment Structure: Private Study Hours: Suggested Readings: LAW 202 Law 202 Introduction to Property Law 8 ECTS Half Unit MICHAELMAS Dr Ben Mayfield This course introduces the basic concepts, issues and themes of property law and Equity and their historical development. It will make particular reference to various contrasting interpretations of the reforms of property law in 1925. It examines different models for defining, analysing and criticising the subject-matter of property law including formalism and various laws in context approaches. The course also discusses the ideological dimensions and consequences of the legal regulation of property relations. It will also examine how the interpretation of the broad principles and imagery of equity, such as justice and good conscience, have facilitated and continue to enable doctrinal innovation particularly in the contexts of confidentiality, cohabitees, deserted wives’ equity and commercial loans. None Law 203 Law 214 Essay 50% (2,500 words) & 1 Exam 50% (2 hours, 10 minutes) 123 hours Understanding Property Law; Murphy, Roberts & Flessas, 4th Ed, (2004). 13 LAW 206 Module Mnemonic: Course Title: Credit Weighting: Unit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Co-requisites: (courses that must be taken alongside this course) Assessment Structure: Private Study Hours: Suggested Readings: LAW 206 Law 206 Company Law 16 ECTS Full Unit FULL YEAR (Michaelmas and Lent with 2 weeks in Summer term) Philip Lawton, Prof David Milman, Dr Jim Marshall The company law course covers the key areas of company law from incorporation to insolvency including corporate personality and piercing the corporate veil, the company’s constitution, contracts and companies, directors’ duties and minority shareholder protection. Also covered is the law relating to share and loan capital and company charges leading into the administration procedure and other insolvency regimes. Relevant theories relating to the corporation and its role in society generally are considered. No No 50% Coursework (currently 1 x 3000 word essays /50% Examination). 275 Hours For a good introduction to the subject and its context see:J Lowry and A Reisberg, Pettit’s Company Law (3 rdedn 2009, Longmans) – a very good introductory and thoughtful text – well worth reading. John Micklethwaite & Adrian Wooldridge, The Company; A Short History of a Revolutionary Idea, Phoenix (Random House) London 2005 Joel Bakan, The Corporation; The Pathological Pursuit of Profit and Power Free Press New York & London Dignan & Lowry, Company Law (8th Edn 2014, OUP) Mayson, French & Ryan, Company Law (31th Edn 2014-15) OUP . This text is updated annually 14 LAW 213c Module Mnemonic: Course Title: Credit Weighting: Unit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Co-requisites: (courses that must be taken alongside this course) Assessment Structure: Private Study Hours: Suggested Readings: LAW 213c Law 213c Public Law 8 ECTS Half unit MICHAELMAS Dr Tom Webb The Course covers the following topics: constitutional history and theory, constitutional principles (separation of powers, rule of law, parliamentary sovereignty), institutions of the constitution (Parliament, the executive and the judiciary), the Human Rights Act and an introduction to judicial review. Throughout the course a contextual approach is adopted which entails drawing upon historical, political, comparative and jurisprudential materials. None None Exam: 50% Coursework: 50% 120 hours Barnett, Constitutional and Administrative Law (2013) Bradley and Ewing, Constitutional and Administrative Law (2014) Elliott and Thomas Public Law (2013) Parpworth, Constitutional and Administrative Law (2014) 15 LAW 226 Module Mnemonic: Course Title: Credit Weighting: Unit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Co-requisites: (courses that must be taken alongside this course) Assessment Structure: Private Study Hours: Suggested Readings: LAW 226 Law 226 Introduction to Business Law 8 ECTS Half Unit LENT Dr Ming Du This is a half module that introduces year two undergraduates to a wide range of commercial law issues and thereby enables them to specialise further in the third year. The course is foundational and seeks to enable students to place discrete commercial law options in the appropriate context. None None The assessed piece of coursework will be 2,500 words in length and submitted at the end of the course. This will contribute 30% of the final mark. A single 1.5hour exam in the summer will contribute 70% of the final mark. One element of that examination will be a multiple choice examination (worth 50% of the exam mark). The other element will be an essay/problem question from a choice (worth 50% of the exam mark). 125 hours There is no single text suggested for this module. Detailed reading will be outlined for each part of the course. 16 LAW 230 Module Mnemonic: Course Title: Credit Weighting: Unit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Co-requisites: (courses that must be taken alongside this course) Assessment Structure: Private Study Hours: Suggested Readings: LAW 230 Law 230 Principles of Employment Law 8 ECTS Half Unit MICHAELMAS Dr Mark Butler Course aims: To give an understanding of how the law regulates employment relationships within the context of the British industrial relations system. The syllabus may include, but not be limited to; The development of Employment Law; Sources and institutions of Employment Law; Employment Law and human rights; The Employment Relationship; The role of the ‘contract of employment’; Formation of the relationship; Discipline and Termination of Employment; Statutory protection from dismissal; Redundancy; Unfair dismissal. None None Each Student will be required to produce 1 x 2,500 word essay (50%) and complete a seen exam paper (50%). Students will be provided with the exam paper and will be required to submit their answers within 48 hours of its release. The exam paper will comprise of a 1,500 essay (33% of the exam mark) and a 2,500 word letter of advice (66% of the exam mark). 124 hours Deakin & Morris. Labour Law. (Latest Edition). Blackstone Press. J.Bowers & S.Honeyball. Textbook on Labour Law. (Latest Edition, Blackstone Press). I.E.Smith and G.E. Thomas, Smith and Wood’s Industrial Law (Butterworths, Latest ed.). S.Deakin and G.S Morris, Labour Law (Butterworths Latest ed.). Books may be published before the course starts so students may wish to wait until the Law 220 Course Handbook has been published, which will include the latest information on books, before purchasing a text. 17 LAW 240 Module Mnemonic: Course Title: Credit Weighting: Unit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Co-requisites: (courses that must be taken alongside this course) Assessment Structure: Private Study Hours: Suggested Readings: LAW 240 Law 240 Family Law 8 ECTS Half Unit MICHAELMAS Dr S Beresford & Dr S Fovargue The module aims to introduce students to a collection of laws as they impact upon the family as a unit and upon the individuals within a familial group; develop a critical approach to the law in this area, and takes law as an object of study and examines how family relationships are understood in that context; develop students ability to explain, analyse and evaluate the legal rules, concepts and values governing and regulating intimate or domestic relationships; locate the development of the law, including the institutions and procedures, within a broader historical, demographic and social context. Assumptions about family law will be tested and challenged. The module will promote awareness of the implications for family law of the incorporation of the European Convention on Human Rights into the UK. It will also examine the relationship between families and the state; the interface between family law and family policy; the roles of individuals within families; and various theoretical perspectives on family law. Successful completion of compulsory Law courses undertaken to date. none 85% Exam (2 hours) plus 15% Multiple Choice Test. 125 approximately Diduck, A., Kaganas, F., Family Law, Gender and the State: Text, Cases and Materials 3rd ed (2012) Hart. Herring, J., Family Law 6th ed. (2013) Longman. Harris-Short, S., Miles, J., Family Law – Text, Cases and Materials 3rd ed. (2011) OUP. 18 LAW 249 LAW 249 Module Mnemonic: Course Title: Credit Weighting: Unit Weighting: Term/s Running: Convenor/s: Course Description: Law 249 The Law of Evidence 8 ECTS Half unit LENT Georgina Firth This course introduces students to the principles of the law of evidence in criminal cases. It also introduces students to the nature and theory of proof. These general issues are developed through the study of particular topics such as the burden and standard of proof; confessions and illegally obtained evidence; disputed identification evidence and other warnings to the jury; hearsay; the credibility of witnesses and bad character evidence. Pre-requisites: Co-requisites: (courses that must be taken alongside this course) Assessment Structure: Law 104: Criminal law is recommended None Private Study Hours: Suggested Readings: Coursework - 50%. The students will complete an assessed essay of 2,000 words. Exam – 50%. The exam is a 2 hour 10 minute unseen paper. 126 hours The most up to date editions of: Keane, The Modern Law of Evidence Murphy, Murphy on Evidence, Dennis, The Law of Evidence 19 LAW 251 Module Mnemonic: Course Title: Credit Weighting: Unit Weighting: Term/s Running: Convenor/s: Course Description: LAW 251 Law 251 International Human Rights 8 ECTS Half unit LENT Dr. Amanda Cahill Ripley This course in International Human Rights is aimed at introducing the students to the content of human rights as protected by international human rights law and to the structures and procedures in place to monitor their implementation. The course will focus on the international context through the United Nations system, as well as regional human rights systems when relevant. The course takes an interdisciplinary approach and will look at the way in which political and social structures in contemporary society influence the enjoyment of human rights. We will discuss a variety of substantive topics in terms of current human rights standards. This will partly be through a study of international treaties, such as the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights, and partly through the study of specific protection for vulnerable groups, such as minorities and children. Contemporary challenges to human rights will also be addressed such as conflict and development. The course provides an introduction to the central themes in international human rights law, and aims to give a coherent structure to the study of this discipline. The students should at the end of the course be able to identify in general terms what is a considered a human right, what are considered violations of human rights, the relevant obligation holders and the structures available to seek remedies for human rights violations. Pre-requisites: Co-requisites: (courses that must be taken alongside this course) Assessment Structure: Private Study Hours: Suggested Readings: None (previous study of International Law I (LAW 257) helpful) None 50%coursework (2,500 words) and 50% exam (2 hours 10 min) 150 hours Rehman. J, International Human Rights Law, (2nd ed) London, Longman, 2010. Alston.P, and Goodman.R, International Human Rights in Context: Law, Politics, Morals, Oxford, Oxford University Press, 2013. Smith, Rhona Texts and Materials in International Human Rights, 2nd ed., London, Routledge, 2010. 20 LAW 257 Module Mnemonic: Course Title: Credit Weighting: Unit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Co-requisites: (courses that must be taken alongside this course) Assessment Structure: Private Study Hours: Suggested Readings: LAW 257 Law 257 International Law I 8 ECTS Half Unit MICHAELMAS Dr James Summers An introduction to international law and current international legal topics. It covers the nature and history of international law; its sources; its relationship to national law; statehood; self-determination and minority rights; international organizations; jurisdiction; state responsibility; and territory, including the sea, air, Antarctica and outer space. None None Essay 50% (2,500 words) & Exam 50% (2 hours, 10 minutes) 126 Hours M. Shaw, International Law (Cambridge University Press, 2014) J. Klabbers, International Law (Cambridge University Press, 2013). M. Dixon, R. McCorquodale and S. Williams, Cases and Materials on International Law (Oxford University Press, 2011). 21 LAW 261a LAW 261a Module Mnemonic: Course Title: Credit Weighting: Unit Weighting: Term/s Running: Convenor/s: Course Description: Law 261a European Law 8 ECTS Half Unit LENT Angus MacCulloch This course is compulsory for second year students who have not taken Law 105 in their first year. It will give you a basic understanding of the European Union (EU). The EU as a legal system operates differently to English law. The institutions of the EU, the way law is created and developed, the principles governing relations between the EU and its Member States, and the substantive law of the EU will introduce you to new concepts. The greater part of the course will focus on constitutional aspects of the EU, though you will also be introduced to substantive law relating to the free movement of goods and persons.’ Pre-requisites: Co-requisites: (courses that must be taken alongside this course) Assessment Structure: None None Private Study Hours: Suggested Readings: Coursework: Case-note 10% (1,500 words), essay 40% (2,500 words) and Exam 50% (2 hours, 10 mins). 114 hours Students are advised to wait until the Law 261a Course Handbook has been published, which will include the latest information on books, before purchasing a text. 22 LAW 264 Module Mnemonic: Course Title: Credit Weighting: Unit Weighting: Term/s Running: Convenor/s: Course Description: LAW 264 Law 264 Lawyers & Society 8 ECTS Half Unit MICHAELMAS Dr Bela Chatterjee The legal profession and legal services are currently experiencing major changes as a result of commercialisation, changes in the funding landscape, inter- and intra- professional competition, globalisation, the culture of human rights, pressure to improve access to justice, the intensification of conflicts of interest, the impact of information technology and the changing character of legal work. Accordingly, this course provides a critical examination of the development, current state and likely future shape of the legal profession. It considers the ways in which lawyers can work constructively or transformatively for the poor and underprivileged. Other issues covered include the portrayal of lawyers in popular culture, lawyer-client interaction, and the ethics of lawyering. Pre-requisites: Co-requisites: (courses that must be taken alongside this course) Assessment Structure: Private Study Hours: Suggested Readings: None None 1 x 2,500 word essay (50% weighting) 1 x 2 hour unseen exam (50% weighting) 125 approximately Textbook: Herring, J (2014) Legal Ethics (OUP) 23 LAW 297 Module Mnemonic: Course Title: Credit Weighting: Unit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Co-requisites: (courses that must be taken alongside this course) Assessment Structure: Private Study Hours: Suggested Readings: LAW 297 Law 297 Introduction to Comparative Law 8 ECTS Half Unit MICHAELMAS Dr Sophia Kopela The course provides an introduction to comparative law, and explores whether the traditional comparisons between the common law and civil law systems – and the traditional approaches to the study of comparative law – need to be re-thought and if so, how this could be approached. Students will be introduced to the ‘common law’ and ‘civil law’ traditions. In order to assist the comparison, students will examine key features of a civil law system and its legal culture. A prior basic understanding of the English legal system is required and will be assumed during the course. Students will be encouraged to think about the reasons of policy and principle that lie behind specific legal institutions and practices. None None 2,500 essay (50%) and exam (2 hours, 10 minutes) (50%) 135 hours E.Orucu and D.Nelken, Comparative Law: A Handbook (Oxford: Hart, 2007) P.De Cruz, Comparative Law in a Changing World (London: Cavendish, 2006. M.Reimann & R. Zimmermann (eds) The Oxford Handbook on Comparative Law (Oxford: Oxford University Press, 2006) A.Watson, Legal Transplants (2nd ed) (Georgia: University of Georgia Press, 1993) HP Glenn, Legal Traditions of the World (Oxford: Oxford University Press, 2007) 24 LAW 307 Module Mnemonic: Course Title: Credit Weighting: Unit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Co-requisites: (courses that must be taken alongside this course) Assessment Structure: Private Study Hours: Suggested Readings: LAW 307 Law 307 Courts, Law and Politics in Comparative Perspective 8 ECTS Half Unit LENT Dr Agata Fijalkowski This course compares and contrasts the intersections between courts, law and politics in several countries. Developments in North America, the former Soviet Union and specific post-dictatorial states are covered. Students will initially be introduced to key aspects of the respective countries’ legal systems. The investigation then turns to topical case studies that include the ways in which the adjudication of criminal justice, or in other examples of constitutional law, connects the legal system to politics. None None 4,000 word essay (100%) 135 hours William Butler, Soviet Law, 2nd edn. (London: Butterworths, 1988) Charles Epp, The Rights Revolution. Lawyers, Activists and Supreme Courts in Comparative Perspective (Chicago: University of Chicago Press, 1998) Jeffrey D Hockett, A Storm Over This Court: Law, Politics and Supreme Court Decision-making in Brown v Board of Education (Charlottesville, VA: University of Virginia Press, 2013) Herbert Jacob, Erhard Blankenburg, Herbert M. Kritzer, Doris Marie Provine, and Joseph Sanders. Courts, Law and Politics in Comparative Perspective (New Haven: Yale University Press, 1996) Kate Malleson and Peter H. Russell, eds., Appointing Judges in an Age of Judicial Power: Critical Perspectives from Around the World (Toronto: University of Toronto Press, 2006) Keith E. Whittington, R. Daniel Kelemen and Gregory A. Caldeira, The Oxford Handbook of Law and Politics (Oxford: Oxford University Press, 2008) Detailed reading materials, reading lists, and other materials will be made available during the course. 25 LAW 310 Module Mnemonic: Course Title: Credit Weighting: Unit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Co-requisites: (courses that must be taken alongside this course) Assessment Structure: Private Study Hours: Suggested Readings: LAW 310 Law 310 Civil Liberties and Human Rights 8 ECTS Half Unit MICHAELMAS Dr. Agata Fijalkowski The course adopts a critical and contextual approach to the subject of civil liberties and human rights within the context of the European human rights regime. It explores the theoretical foundations for the existence of freedoms and rights; the legal mechanisms through which freedoms and rights are secured and protected; and the justifiable limitations on freedoms and rights. Additionally, students will examine the legal protection offered by domestic law and, where appropriate, other sources of law. Specific areas will be considered, such as the freedom of expression, the right to life, and torture. Case studies will include topical issues such as capital punishment, enforced disappearances and whistle-blowers. None None 2,500-word essay for second years; 3000-word essay for final years (50%) and exam (2 hours, 10 minutes) (50%) 135 hours Robin C.A White and Clare Ovey, eds., Jacobs, White and Ovey The European Convention on Human Rights, 6th edn. (Oxford: Oxford University Press, 2014) Detailed reading materials, reading lists and other materials will be made available during the course. 26 LAW 311 Module Mnemonic: Course Title: Credit Weighting: Unit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Co-requisites: (courses that must be taken alongside this course) Assessment Structure: Private Study Hours: Suggested Readings: LAW 311 Law 311 Responses to Massive Violations of Human Rights 8 ECTS Half Unit LENT Prof. James A. Sweeney This course assesses the legal, practical, political and moral issues involved in using national and international courts, truth commissions, and other techniques of ‘transitional justice’ to respond to massive human rights violations. None None One extended piece of coursework weighted at 100%. 125 hours Robert Cryer et al, An Introduction to International Criminal Law and Procedure 2nd ed (Cambridge: Cambridge University Press, 2010). Geoffrey Robertson, Crimes Against Humanity: The Struggle For Global Justice 4th Edition (London: Penguin Books, 2012). James A. Sweeney, The European Court of Human Rights in the Post-Cold War Era: Universality in Transition (Abingdon, Routledge, 2012) 27 LAW 313 Module Mnemonic: Course Title: Credit Weighting: Unit Weighting: Term/s Running: Convenor/s: Course Description: LAW 313 Law 313 Intellectual Property Law 8 ECTS Half Unit LENT Dr Catherine Easton Intellectual property law is the umbrella term relating to the legal protection of intangibles through, for example, copyright, patents and trademarks. Its study is strongly related to societal creativity and innovation. This course focuses mainly upon copyright law and the law relating to patents. It takes a contextual and historical approach which requires an assessment of how the law can create a balance between rights holders and society as a whole. We will study how principles which were created to protect religious books can now be applied to a film or a musical sample. A strong theme will be the challenges and opportunities presented by the growth of the Internet and peer to peer filesharing and its accompanying political dimension. In the half of the course focusing on patents we will be looking at the historical emergence of patent law and at the current legal frameworks which govern patents, including consideration of what a patent actually is. We will also look in more depth at some recent developments on computer patents and employee remuneration. Pre-requisites: Co-requisites: (courses that must be taken alongside this course) Assessment Structure: Private Study Hours: Suggested Readings: Law 106 None Exam 75% (2 hours, 10 minutes) & Essay 25% (2,500 words) 125 hours Hollyoak and Torremans: Intellectual Property Law, (7th Edition) LexisNexis, London, 2013 (recommended) Bently and Sherman, Intellectual Property Law (4th Edition), Blackstone, London 2014 Materials for specific seminars will either be provided or references for readings given. 28 LAW 316 LAW 316 Module Mnemonic: Course Title: Credit Weighting: Unit Weighting: Term/s Running: Convenor/s: Course Description: Law 316 Asylum and Immigration Law 8 ECTS Half unit MICHAELMAS Georgina Firth This course introduces students to the principles of UK immigration and asylum law. Asylum is a subject seldom out of the press and it has received unprecedented political attention in the last decade. Given that immigration is now such a wide subject, with (at least!) seven major new statutes in the last decade, students will only be introduced to selected highlights and the course will focus mainly on the asylum process. Consideration of the general issues is developed through the study of particular topics such as the nature of an asylum claim; the link between human rights and asylum; immigration detention; the foreign prisoner crisis and deportation. Please note that students will be required independently to visit the Asylum and Immigration Tribunal prior to or in the first two weeks of the course and that the coursework essay is based on student choice of title and not a set title. Pre-requisites: Co-requisites: (courses that must be taken alongside this course) Assessment Structure: None although Law 102 and Law 205 are recommended None Private Study Hours: Suggested Readings: Coursework - 50%. The students will complete an assessed essay of 2,500 words. Students choose their coursework title with assistance from the Convenor. Exam – 50%. The exam is a 2 hour 10 minute unseen paper. 125 approximately Clayton, G (2014) Textbook on Immigration and Asylum Law, OUP, Oxford (6e) Please note that this textbook may be updated before the course starts so students are advised not to buy this in advance. Cohen, S (2006) Deportation is Freedom: The Orwellian World of Immigration Controls, JKP, London Harvey, C (2000) Seeking Asylum in the UK; Problems and Prospects , Butterworths, London Stevens, D (2004) UK Asylum Law and Policy: Historical and Contemporary Perspectives, Sweet & Maxwell, London 29 LAW 319 Module Mnemonic: Course Title: Credit Weighting: Unit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Co-requisites: (courses that must be taken alongside this course) Assessment Structure: Private Study Hours: Suggested Readings: LAW 319 Law 319 Competition Law 8 ECTS Half unit MICHAELMAS Angus MacCulloch The Competition Law module is designed to give students a good grounding in contemporary competition law and the economics and policy which underlie it. The main focus will be on EU and UK competition law, but reference will also be made to US and Australian law where it provides a useful counterpoint. The course will examine the way in which antitrust and behavioural economics interact and inform the development of competition law and policy. The main EU antitrust provisions, their UK counterparts, and the merger control regimes in the EU and UK will be covered. The module will cover the basic provisions but special focus will be given to areas of controversy or recent reform. The way in which the law is enforced will also be given special consideration. None None Course assessment is by way of a Case Study, a piece of assessed coursework of 2,500 words, comprising 40% of the total mark and a 2 hour unseen examination (+ 10 mins reading time) accounting for the other 60% of the total mark. 120 Hours Rodger & MacCulloch, Competition Law and Policy in the EU and UK (London, Cavendish, 5th ed, 2014).’ Whish, Competition Law (Oxford, OUP, 7th ed, 2012). Marco Colino, Competition Law of the EU & UK (Oxford, OUP, 7th Ed, 2011). 30 LAW 327 Module Mnemonic: Course Title: Credit Weighting: Unit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Co-requisites: (courses that must be taken alongside this course) Assessment Structure: Private Study Hours: Suggested Readings: LAW 327 Law 327 Jurisprudence 8 ECTS Half unit LENT Dr Barbara Mauthe This course investigates such questions as "what is law?", "why is law obeyed?", "what are the relationships between law and power and authority?" The course will begin by examing natural law and positivism. It will then consider alternative approaches to “what is law” such as legal realism, post modernism, interpretivism and systems theory. None None Year 2 assessment: Essay 50% (2,500 words) & 1 Exam 50% (2 hours, 10 minutes) 125 hours R. Cotterrell, The Politics of Jurisprudence (2003) M.D.A. Freeman Lloyds Introduction to Jurisprudence (2014) 31 LAW 330 Module Mnemonic: Course Title: Credit Weighting: Unit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Co-requisites: (courses that must be taken alongside this course) Assessment Structure: Private Study Hours: Suggested Readings: LAW 330 Law 330 Crime and Criminal Justice 8 ECTS Half unit MICHAELMAS Georgina Firth The Criminal Justice System has been constantly discussed in recent years by politicians, journalists and academics and the subject is vast and constantly shifting. This course seeks to explore selected issues in the area of Crime and Criminal Justice using a large number of sources to reflect the depth and variety of ways in which the subject can be approached. This course will seek to provide a framework for students’ wider understanding, bearing in mind that different parts of the ‘system’ often appear to pull in different directions and different elements are constantly evolving. Students will be asked to consider whether, despite the interdependency of many of the Criminal Justice Agencies and some central themes, there is any real system at all. This is not a subject which can be entirely learnt from books and students will be encouraged, wherever possible, to create their own understanding of the Criminal Justice System through their own experiences. Even brief visits to courts, police stations, barristers’ chambers etc can often open students’ eyes and provoke a more analytical and critical response to the subject than detailed study alone. The outline Syllabus includes key themes in Crime and Criminal Justice, women in the Criminal Justice System, sentencing policy and procedure and prisoners and the law. (The syllabus may very well vary according to the guest lecturers on the course). Law 104 Criminal law is desirable but not essential None Coursework - 50%. The students will complete an assessed essay of 2,500 words. Exam – 50%. The exam is a 2 hour 10 minute unseen paper. 125 hours There is no one set text but reading may include: Hucklesby & Wahidin, Criminal Justice 2nd ed (2013) OUP Davies, Croall & Tyrer., Criminal Justice 4th ed. (2010) Longman, Harlow. Padfield, N., Texts and Materials on the Criminal Justice Process (4th ed) (2008) Butterworths Books may be updated before the course starts so students may wish to wait until the Law 330 Course Handbook has been published, which will include the latest information on books, before purchasing a text. 32 LAW 343 Module Mnemonic: Course Title: Credit Weighting: Unit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Co-requisites: (courses that must be taken alongside this course) Assessment Structure: LAW 343 Law 343 Health Care Law and Ethics 8 ECTS Half Unit LENT Dr S Fovargue, Professor S Ost This course introduces you to the underlying conceptual framework and basic principles of health care law and ethics. You will use your understanding of these foundational issues through exploring specific and complex areas of health care law and practice, from medico-legal and ethical perspectives. The chosen areas will reflect current medical advances and the developing nature of medical and ethical practice. Successful completion of compulsory Law courses undertaken to date. None. i) A multiple choice question paper to test knowledge and understanding of the basic principles of health care law and ethics, counting for 15% of the total mark (start of Term 1). ii) Private Study Hours: Suggested Readings: One 2 hour examination (plus ten minutes reading time) counting for 85% of the total mark (during Term 3). Students answer 2 questions covering 2 substantive topics in each question. Approximately 122 hours of private study J. Herring, Medical Law and Ethics, 5th ed. (OUP, 2014). N.Hoppe, J.Miola, Medical Law and Medical Ethics (CUP, 2014) E. Jackson, Medical Law: Text, Cases and Materials 3rd ed. (OUP, 2013). J.K. Mason, G.T. Laurie, Mason and McCall Smith’s Law and Medical Ethics, 9th ed. (OUP, 2013). S. Pattinson, Medical Law and Ethics 4th ed. (Sweet & Maxwell 2014) N.B You are advised not to purchase a text until December 2015 as new editions of these or other texts may be published. 33 LAW 350 Module Mnemonic: Course Title: Credit Weighting: Unit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Co-requisites: (courses that must be taken alongside this course) Assessment Structure: Private Study Hours: LAW 350 Law 350 Gender and the Law 16 ECTS Full Unit FULL YEAR Dr Sarah Beresford This module seeks to explain, analyse and evaluate some of the legal rules, concepts and values governing and regulating gender and the law. It takes law as an object of study and examines the relationship(s) between gender and the law. It will explore the notion that law is a representation of a world that has very distinctive and idiosyncratic characteristics (such as bigotry and discrimination). Students will be introduced to some of the theoretical basis regarding the socio-legal construction of gender (as distinct from the socio-legal construction of sex). The module explores legal rules and practices that make classifications on the social consequences of sex and gender. Outline Syllabus; likely to include; Introduction to Gender Studies; Feminist Jurisprudence; Introduction to Michael Foucault; Introduction to Judith Butler; Introduction to Queer Theory; Exploring the difference(s) between ‘sex’ and ‘gender’; Pornography; Gendered War Crimes; Constructions of gender in popular discourse; Body Modification; Discrimination in the work place. (The syllabus may very well change according to the guest lecturers on the course). Successful completion of compulsory law courses undertaken to date. None Coursework - 100%. An essay of 6,000 words. Approximately 275 hours of private study. Suggested Readings: Bridgeman, J., & Millns, S., (1998) Feminist Perspectives on Law Sweet & (London: Maxwell). Caplan, P. (1987) Sex, Sexuality and Gender: The Cultural Construction of Sexuality. (London: Routledge). Collier, R; (1995); Masculinity, Law and the Family; (London: Routledge). N.Naffine and R.J Owens (Eds); Sexing the Subject of Law; (Sydney: Sweet and Maxwell). Jackson E. and Lacey, N (2002) “Introducing Feminist Legal Theory” in Penner, J. Schiff, D. And Nobles, R. (eds.) Jurisprudence and Legal Theory (London: Butterworths). Edwards, S., (1996) Sex, Gender & the Law (London: Blackstone). Foucault, M (1984) The History of Sexuality, vol.1 Weeks, J (1986) Sexuality (London: Tavistock). Smart C., (1989) Feminism and the Power of Law (London: Routledge). Ngaire Naffine and Rosemary Owens, (eds) (1997) Sexing the Subject of Law. (Sydney: Law Book Company). Margaret Thornton, (ed) (2002) Romancing the Tomes: Popular Culture, Law and Feminism. Edwards, Lilian and Charlotte Waelde. (eds.) (2000)(2nd ed) Law and the Internet: a framework for electronic commerce. Oxford: Hart. Books may be published before the course starts in October so students may wish to wait until the Law 350 Course Handbook has been published, which will include the latest information on books, before purchasing a text. 34 Please note LLM modules will only run if sufficient numbers are enrolled LLM 5105 Module Mnemonic: Course Title: Credit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Assessment Structure Year/s open to: LLM 5105 LLM 5105 Law and Global Health 10 ECTS LENT Gearoid O’Cuinn This module critically discusses a range of ethical and legal issues applicable to global health, threats to global health and international markets in organs/tissues: expresses an understanding of legal and philosophical definitions of health rights and how they are related; apply their understanding of abstract theoretical issues to ‘real life’ examples: critically discusses the various and current governance debates about commodification of tissues treatment, health tourism, the adjudication of health care rights and the reconceptualization of public health; reflect in a rigours way upon the advantages and limitation of plural systems of norm and law production at an international level legislation. Must have completed 3 years undergraduate study in Law or Law related subject 100% coursework (5,000 word essay) 4th year and above LLM 5119 Module Mnemonic: Course Title: Credit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Assessment Structure Year/s open to: LLM 5119 LLM 5119 Intellectual Property 10 ECTS LENT Dr Catherine Easton Intellectual property basically examines the legal protection of the expression of ideas. The study of intellectual property is increasingly important in an age in which creative and technical innovation is fundamental to economic development. This course provides an introduction to the key legal principles and political issues underpinning intellectual property protection. Must have completed 3 years undergraduate study in Law or Law related subject Must have undertaken a course of study in intellectual property law (either in relation to a national jurisdiction, or with an international focus) at undergraduate level. 100% coursework (5,000 word essay) 4th year and above 35 LLM 5120 Module Mnemonic: Course Title: Credit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Assessment Structure Year/s open to: LLM 5120 LLM 5120 Corporate Governance 10 ECTS MICHAELMAS Philip Lawton This module provides an introductory but in-depth coverage of the main areas of English law and practice relating to Corporate Governance against the background of company law theory, the "stakeholder debate", comparative corporate law, regulation, globalisation and human rights. Comparative reference will be made where appropriate to relevant parts of the law in Continental Europe, the USA, Australia, Canada, China and New Zealand. The significance of the European Convention on Human Rights and international law will also be considered. By the end of the course students should have a sound grasp through the seminars and readings of the major legal regimes governing corporate governance and the central questions and debates arising from corporate governance. Must have completed 3 years undergraduate study in Law or Law related subject 100% coursework (5,000 word essay) 4th year and above LLM 5201 Module Mnemonic: Course Title: Credit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Assessment Structure Year/s open to: Suggested Readings: LLM 5201 LLM 5201 European Union Law 10 ECTS MICHAELMAS Angus MacCulloch An introduction to the basic law and institutions of the EU and the Single Market. It covers the principles of EU law and its relation to national law and the nature of EU and EU institutions; the freedom of movement of goods, persons, services and capital; the principle of mutual recognition and the basis of EU regulation of business; EU competition law covering restrictive agreements and mergers/acquisitions and its relation to national laws. Must have completed 3 years undergraduate study in Law or Law related subject 100% coursework (5,000 word essay) 4th year and above Chalmers et al., ‘European Union Law’, CUP Craig and de Burca, ‘EU Law, Text, Cases and Materials’, OUP Dashwood and Wyatt, ‘Substantive European Community Law’, Sweet and Maxwell Sionaidh Douglas-Scott, 'Constitutional Law of the European Union', Longman Press Steiner, Woods and Twigg-Flesner, ‘Textbook on EC Law’, OUP Weatherill, ‘Cases and Materials on EU Law’, OUP 36 LLM 5204 Module Mnemonic: Course Title: Credit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Assessment Structure Year/s open to: LLM 5204 LLM 5204 European & International Competition Law 10 ECTS MICHAELMAS Esin Kucuk This module examines contemporary competition law. Beginning with an examination of EC competition law, as it is the leading model for the development of competition regimes at a global level, but also discussing parallel developments in the US and UK. Issues to be examined include the antitrust prohibitions, which control market power and cartels, and merger control. This is another fast-moving and unpredictable area where the details of material covered will change from year to year in order to keep up to date. Must have completed 3 years undergraduate study in Law or Law related subject 100% coursework (5,000 word essay) 4th year and above LLM 5205 Module Mnemonic: Course Title: Credit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Assessment Structure Year/s open to: Suggested Readings: LLM 5205 LLM 5205 International Law 10 ECTS MICHAELMAS Dr Sophia Kopela The module provides an introduction to the character and basic issues of international law, and to some current international legal topics. It covers the nature and sources of international law, its relationship to national and transnational law, statehood, self-determination and independence, sovereignty and jurisdiction and some selected topics, such as law of the sea, international environmental law. The module is aimed at providing the sufficient background for students to be able to study specific areas of international law in depth. Must have completed 3 years undergraduate study in Law or Law related subject 100% coursework (5,000 word essay) 4th year and above Cassesse, A. International Law. Oxford University Press M.D.Evans, International Law (3rd ed) (Oxford: OUP, 2010) Higgins, Rosalyn, Problems and Process. International Law and How We Use It (Oxford UP) Ku, Charlotte, International Law: Classic and Contemporary Readings, Lynne Rienner. Roberts, A and Kingsbury, B, United Nations, Divided World Oxford U.P. Shaw, M. International Law. Cambridge University Press 37 LLM 5207 Module Mnemonic: Course Title: Credit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Co-requisites: (courses that must be taken alongside this course) Assessment Structure: Year/s open to: Suggested Readings: LLM 5207 LLM 5207 International Business Law and Institutions (WTO) 10 ECTS LENT Dr Ming Du This focuses on the international legal and institutional framework for the regulation of transnational business, and analyse the nature of legal and regulatory arrangements as they operate in the international business environment. National laws affecting international investment and their regulation under international law. Forms of international law affecting transnational business (bilateral and miltlateral treaties, codes of conduct, decisions of international organisations.) The basic principles of GATT, and the structure and role of the World Trade Organisation (WTO), and its relationship to other areas of global regulation affecting business, especially health and environmental protection, and product standards. International aspects of intellectual property rights. Regulatory aspects of the internationalisation of services, especially financial services. Must have completed 3 years undergraduate study in Law or Law related subject 100% coursework (5,000 word essay) 4th year and above Bakan,Joel, The Corporation: The Pathological Pursuit of Profit and Power Free Press New York and London Braithwaite, John and Drahos, Peter Global Business Regulation, Cambridge University Press. Dicken, Peter Global Shift (Sage). Drahos, Peter & Ruth Mayne, Global Intellectual Property Rights. Knowledge, Access and Development (Palgrave). Micklethwaite, John & Wooldridge, Adrian The Company: A Short History of a Revolutionary Idea (Random House, London 2005). Picciotto, S. & R. Mayne (eds) Regulating International Business. Beyond Liberalization (Macmillan) Strange, Susan Rival States. Rival Markets Wallach, Lori and Michelle Sforza, Whose Trade Organization? (Public Citizen) 38 LLM 5212 Module Mnemonic: Course Title: Credit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Assessment Structure: Year/s open to: Suggested Readings: LLM 5212 LLM 5212 International Environmental Law 10 ECTS LENT Dr Sophia Kopela This module aims to study the development of international environmental concerns and the "greening" of International Law; International legal responses towards the preservation of the species and eco-systems, the conservation of energy and environmentally sustainable industrial process; International Conventions and Protocols in relation to the environment; the relationship of International Law and European Union law concerning the environment and its future development. Must have completed 3 years undergraduate study in Law or Law related subject 100% coursework (5,000 word essay) 4th year and above P.Birnie, A.Boyle & C.Redgwell, International Law and the Environment (3rd ed OUP, Oxford 2009). D.Bodansky, The Art and Craft of International Environmental Law (Harvard University Press, 2010). D.Bodansky, J.Brunnee & E.Hey (ed), The Oxford Handbook of International Environmental Law (OUP, Oxford 2007). E.Louka, International Environmental Law: Fairness, Effectiveness and World Order (CUP, Cambridge 2006). Ph.Sands, Principles of International Environmental Law (3nd ed CUP, Cambridge, 2012). LLM 5213 Module Mnemonic: Course Title: Credit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Year/s open to: Suggested Readings: LLM 5213 LLM 5213 International Human Rights Law 10 ECTS MICHAELMAS Dr Amanda Cahill-Ripley The students will in this module be introduced to various theories of human rights, including those of Natural law, positivism, universalism and cultural relativism. Further, this module provides an overview of the various rights protected through international instruments, as well as giving a general introduction to the regional and universal systems for human rights promotion. The course gives special emphasis to the UN human rights system and to the European Convention on Human Rights. The issues will be addressed in a manner which will be accessible to students with a law background or a social science background, although all will be expected to have some knowledge of international law. Must have completed 3 years undergraduate study in Law or Law related subject 4th year and above Alston, Philip and Ryan Goodman, International Human Rights (OUP 2012). Bantekas and Oette, International Human Rights Law and Practice (CUP 2013). Blackstone’s, International Human Rights Documents (8th edition OUP 2012). Donnelly.J, Universal Human Rights in Theory and Practice (2nd edition 2003). 39 LLM 5215 Module Mnemonic: Course Title: Credit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Assessment Structure: Year/s open to: Suggested Readings: LLM 5215 LLM 5215 International Terrorism and the Law 10 ECTS LENT Dr Agata Fijalkowski The main objectives of this module are to present the fundamental concepts, theories, and background information pertaining to terrorism, as well as the international community's and national responses through legal instruments. The module seeks to examine the contemporary challenges of terrorism that confront the international community. To achieve this, the course is designed as a survey of relevant issues with the aim to present a complete coverage as possible. Case studies will be selected to demonstrate certain trends and global developments with respect to terrorism. The module will adopt a cross-disciplinary approach, and undertake a general examination of the legal, socio-economic, political, and cultural structures of global society. The course seeks to strike a balance between these general and specific approaches. Must have completed 3 years undergraduate study in Law or Law related subject 100% coursework (5,000 word essay) 4th year and above Bruce Hoffman, ‘Al Qaeda’s Uncertain Future’, Studies in Conflict and Terrorism, (2013), pp. 635-653l; David Cole, Enemy Aliens: Double Standards and Constitutional Freedoms in the War on Terrorism (New York: The New Press, 2003); The World is a Battlefield: Jeremy Scahill on Dirty Wars and Obama’s Expanding drone Attacks at https://youtu.be/yNUeNgVV9x0?list=PLuhdGAZLU7DB_BXN6iuISRSO0udRVgHE TRY AND WATCH THE FILM: Dirty Wars (Richard Rowley, 2013) LLM 5217 Module Mnemonic: Course Title: Credit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Assessment Structure: Year/s open to: LLM 5217 LLM 5217 Corporations in International Business Law 10 ECTS MICHAELMAS David Milman This module will provide LLM candidates with the opportunity of being introduced to notions of corporate law as set against the context of a globalised economy. It will enable them to consider the view that national corporate is merely a service which international business can access if attractive to their needs. The pros and cons of such a perspective will be discussed. As part of the analysis candidates will be given the opportunity to examine the strengths and weaknesses of UK corporate law when measured against international standards. Must have completed 3 years undergraduate study in Law or Law related subject 100% coursework (5,000 word essay) 4th year and above 40 LLM 5220 Module Mnemonic: Course Title: Credit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Assessment Structure: Year/s open to: LLM 5220 LLM 5220 The Rights of Peoples, Minorities and Indigenous People 10 ECTS LENT Dr James Summers The course seeks to familiarise students with the rights of peoples, minorities and indigenous peoples in international law. It will also consider the political aspects of these groups rights and the influence of nationalism on international law. Must have completed 3 years undergraduate study in Law or Law related subject 100% coursework (5,000 word essay) 4th year and above LLM 5221 Module Mnemonic: Course Title: Credit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Assessment Structure: Year/s open to: LLM 5221 LLM 5221 The Law of International Organisations and Institutions 10 ECTS LENT Dr James Summers The module seeks to familiarise the student with the concept of the international organisation and its rights and obligations under international law. The course will also examine the structure of international organisations, in terms of their organs, and the systems developed by different institutions. Must have completed 3 years undergraduate study in Law or Law related subject 100% coursework (5,000 word essay) 4th year and above LLM 5231 Module Mnemonic: Course Title: Credit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Assessment Structure: Year/s open to: LLM 5231 LLM 5231 Companies and Contracts 10 ECTS LENT Philip Lawton This module covers an important aspect of contracts in the business/commercial context, namely contracts and companies. The course will cover an introductory theoretical overview of the relationship of companies and contract and then explore the central issues relating to the constitution of companies and contracts. The core of the module deals with the legal and policy aspects of contracting by and with companies which is an essential element of a master's course on contract law. Must have completed 3 years undergraduate study in Law or Law related subject 100% coursework (5,000 word essay) 4th year and above 41 LLM 5233 Module Mnemonic: Course Title: Credit Weighting: Term/s Running: Convenor/s: Course Description: LLM 5233 LLM 5233 Independent Research Module 10 ECTS Michaelmas /Lent terms only Course Description The course aims to enable the student to: develop a definition of the problem to be addressed state a well-defined research question on a matter relating to law undertake a thorough search of the legal literature relevant to addressing that problem design a suitable legal research programme in answering that question develop interests and knowledge in a chosen specialist area of legal research Educational Aims On successful completion of this module students will be able to: Knowledge and understanding Demonstrate an extended grasp of the legal literature in an area of their choice. Develop a detailed knowledge of a particular specialist area of research relating to law. Skills - Apply, under supervision, research skills to the identification, analysis and investigation of a problem in a particular area of law. Outline Syllabus The subject specialist tutor who supervises the student will: advise on whether the students planned area of research is appropriate give guidance regarding the nature and format of the essay give guidance on the planning of the essay give feedback on a draft of the essay provided by the student The student will formulate a topic as a clearly defined research problem produce a reading list of relevant literature produce the outline of an essay on the basis of the research for comments by the supervisor produce a draft of the essay for comments by the supervisor Pre-requisites: Assessment Structure: Year/s open to: Must have completed 3 years undergraduate study in Law or Law related subject 100% coursework (5,000 word essay) 4th year and above 42 LLM 5235 Module Mnemonic: Course Title: Credit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Assessment Structure: Year/s open to: LLM 5235 LLM 5235 Conflicts of Law in Business Relations 10 ECTS MICHAELMAS Dr John Murphy This module provides an important element in the study of international business law and covers the legal system applicable to disputes over international contracts, assets or the nationality of a corporation. Must have completed 3 years undergraduate study in Law or Law related subject 100% coursework (5,000 word essay) 4th year and above LLM 5236 Module Mnemonic: Course Title: Credit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Assessment Structure: Year/s open to: Suggested Readings: LLM 5236 LLM 5236 International Criminal Law 10 ECTS MICHAELMAS Dr Agata Fijalkowski The module provides an introduction to substantive international criminal law. It introduces students to international crimes. In addition to this, it addresses the role of international courts and tribunals, mixed and hybrid courts and tribunals, as well as developments in national courts. The module also considers key case law, and presents stimulating examples of prosecution and punishment, which are central to the subject. The module examines the merits of international criminal justice and the main challenges that present themselves in this area. Must have completed 3 years undergraduate study in Law or Law related subject 100% coursework (5,000 word essay) 4th year and above A. Cassese, International Criminal Law (Oxford: Oxford University Press, 2013) 43 LLM 5238 Module Mnemonic: Course Title: Credit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Assessment Structure: Year/s open to: Suggested Readings: LLM 5238 LLM 5238 Environmental Law 10 ECTS LENT Dr Ben Mayfield This module will examine the way in which the sources and principles of English and European environmental law have developed, and will investigate the efficacy and effect of environmental law. In particular, students will study the sources, history and wider context of English and European environmental law. The module builds upon this study to explain how the aqueous, atmospheric and terraneous environments are protected by these laws. Must have completed 3 years undergraduate study in Law or Law related subject 100% coursework (5,000 word essay) 4th year and above Alder & Wilkinson Environmental Law & Ethics (Macmillan) Chaps 1-6 Bell & McGillivray Environmental Law (Blackstone Press) Chaps 1-5 J.Holder and M Lee, Environmental Protection, Law and Policy: Text and Materials, 2nd ed (Cambridge, CUP, 2007) LLM 5241 Module Mnemonic: Course Title: Credit Weighting: Term/s Running: Convenor/s: Course Description: Pre-requisites: Assessment Structure: Year/s open to: LLM 5241 LLM 5241 Gender, Sexualities and Human Rights 10 ECTS LENT Dr Sarah Beresford This module seeks to examine law in its social and cultural context, focusing specifically on its gendered context. It is socio-legal in emphasis. In other words, the module examines laws less for their own sake than for what they reveal about the role of law, and its operation in practice. In so doing, the module offers both theoretical and practical engagements with the law and assesses the contribution a feminist perspective can offer to understand socio-legal relations. The module will look, for example, at law’s theoretical underpinnings and its assumptions about the individual. The module will explore various areas of both public and private law and examine law’s role in challenging, creating or reproducing gender relations and the ways in which the law is used to reward and punish different forms of gendered and sexual conduct and identity. Must have completed 3 years undergraduate study in Law or Law related subject 100% coursework (5,000 word essay) 4th year and above 44