Sophister Modules
In their Junior Sophister (Third Year - JS) and Senior Sophister (Fourth Year - SS) year students must take modules (see below) worth 60 ECTS in total for each year. The year is divided into two semesters. Students are advised to choose their credits evenly, however a 5 ECT discrepancy is permitted per semester.
Book of Modules for 2012-13 is available here.
Erasmus and Visiting students must consult the module lecturers when choosing modules. Non-law visiting and Erasmus students may not be eligible for certain modules. For a list of modules available please consult the Erasmus/Visiting Students Module document.
2011-12 Modules
| Semester 1 (Michaelmas Term) | Semester 2 (Hilary Term) |
|---|---|
Advanced EU Administrative Law (see Freshman Module Page) |
Advanced Evidence (5 ECTS)
Freshman modules available (to students who have not previously studied them) |
JS and SS students may opt to take a Broad Curriculum courses from a range of subjects offered (for further details see the college website).
In their third year, students may choose to study abroad on the ERASMUS/SOCRATES scheme. See section on Socrates/Year abroad
Advanced European Union Law: (LA3444) 10 ECTS
This course considers a number of specialist topics in European Union law and is divided into two parts. In Part I, the focus is on 'Market Europe', with two to three topics: Competition Law, and either or both of State Aids and Public Procurement. In Part II, the emphasis is on 'Constitutional and Social Europe', and the topics studied are EU Competences,. Human Rights in the EU, and Constitutional Foundations of the EU.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Describe and summarize the most important primary materials on EU Competition Law, State Aid, and to a lesser extent Public Procurement law published by the EU, of which the course manual is composed, such as Treaty Articles, and the most important Regulations and Directives, official Notices and Vade Mecum
- Analyze, breakdown, and interpret those primary materials.
- Initiation into creating independent authoritative argument and exposition on the basis of those materials, with the idea and incipient technique and ability of breaking the hold of assumptions of secondary literature by reference to primary materials
- Conduct effective and targeted research in case law, legislation and academic legal commentary regarding the EU;
- Identify, evaluate and critique different aspects of the evolution and practice of the EU from market to constitutional to social;
- Discuss and debate different perspectives on the impact of the EU on citizens and on the nature of the EU;
- Apply their understanding of the EU and EU law to concrete practical problems and important contemporary public debates.
Teaching: |
3 hours of lectures per week in Semester 1 |
|---|---|
Assessment: |
Examination – 100% (1 x 2 hour paper) |
Lecturers: |
Dr. Catherine Donnelly and Dr. Diarmuid Rossa Phelan |
Pre-requisite: |
EU Law |
Restrictions: |
JS and visiting students may not take Sports Law if taking this module. |
Advanced Evidence: (LA3473) 5 ECTS
This module builds upon the introduction to the law of evidence in Ireland provided in Evidence (LA3458) 10 ECTS. Certain themes and issues touched upon in that module are explored in greater detail including character evidence and expert scientific evidence. Additional topics drawn from the fields of criminal and civil evidence will be explored in their theoretical and practical contexts. Examples include the rules relating to discovery and disclosure and various evidentiary privileges.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Identify and critically analyse evidentiary concepts, doctrines and rules, both orally and in writing;
- Apply the law of evidence in practical and hypothetical settings;
- Develop theoretical and policy perspectives on the law of evidence;
- Formulate proposals for reform of the law in this area;
- Conduct effective comparative and interdisciplinary research, where relevant.
Teaching: |
1-2 hours of lectures per week in Semester 2 |
|---|---|
Assessment: |
Coursework – 100% |
Lecturers: |
Dr. Liz Heffernan |
Pre-requisite: |
Evidence |
Child Law: (LA3442) 5 ECTS
This course will address the law relating to children including theoretical perspectives on children’s rights, sources of children’s rights, the status of children under Irish, European and international law, before moving into more substantive aspects of child law such as guardianship, custody and access, adoption, abduction, and children in care.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Identify and evaluate child law in a legal, social and policy context;
- Critically analyse the current framework of child law in both the domestic and international legal context
- Use appropriate legal concepts, case law and statute law to analyse and solve legal problems relating to children and the law.
Teaching: |
1-2 hours of lectures per week in Semester 2 |
|---|---|
Assessment: |
Examination – 100% (1 x 1 hour paper) |
Lecturers: |
Trish Brazil |
Restrictions: |
JS and visiting students may not take Tax Law if taking this module |
Collective Labour Law (LA3429) 10 ECTS (NOT ON OFFER 2011/12)
Collective Labour law examines the legal relationship between a) employers and workers acting collectively through unions and b) unions and their members. In relation to the employer/union relationship, we will examine the law relating to collective bargaining, including statutory regulation of collective and the legal status of collective agreements, and the law on trade disputes, including liability for engaging in industrial action and legal immunities available to participants in such action. In relation to the union/member relationship, we will examine how the law regulates the formation of this relationship, the legal incidents of the relationship and the termination of the relationship.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Critically assess how the law regulates the relationship between employers and workers operating through trade unions, in particular, in relation to collective bargaining and industrial conflict;
- Explain the salient elements of Irish industrial relations;
- Apply critical analysis and problem-solving skills and techniques to different essay and problem questions based on material covered in the module;
- Research topics in law regulating the relationship between employers and trade unions.
Teaching: |
3 hours of lectures per week in Semester 2 |
|---|---|
Assessment: |
Essay - 20% and Examination - 80% (1 x 2 hour paper) |
Lecturer: |
Professor Gerry Whyte |
Commercial Law: (LA3445) 10 ECTS
The objective of this course is to provide students with a good knowledge of key areas of commercial law. Commercial Law is taught with a practical emphasis on what occurs in business life and will be of benefit to students who intend to go into professional practice in this area. The course begins with the history and nature of commercial law and moves on to consider legal regulation of a range of areas which are significant in the business world. These include the law of agency, insurance law. the banker-customer relationship, commercial payment methods such as bills of exchange, cheques and electronic credit transfers. A particular focus of the course is the regulation of the sale of goods and supply of services.
The course is open to both law students and BESS students. BESS students must have taken Introduction to Law and Aspects of Irish Law in a European Perspective.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Identify the relationship between law and the commercial world;
- Use appropriate legal concepts, case law and statute law to analyse and solve legal problems within the world of commerce;
- Evaluate the contribution made by default rules provided by the law as opposed to choices made by parties using freedom of contract;
- Map the relationship between law and society in a commercial context, including the role of law in promoting and responding to social change.
Teaching: |
3 hours of lectures per week in Semester 1 |
|---|---|
Assessment: |
Assessment is primarily by way of examination. (1 x 2 hour paper) Assessment is primarily by way of examination. Students may opt to write an essay on a prescribed aspect of Commercial Law and can choose for it to qualify as 20% of their final mark. Assessment for Socrates students is by way of essay. |
Lecturer: |
Dr. Deirdre Ahern |
Prerequisites: |
Non Law Students must have successfully completed LA1240 (Introduction to Law) and LA2012 (Aspects of Irish Law in a European context) Given the complexity of the subject, Company Law is open to Socrates students on condition that they have previously studied Company law in their home institution. Assessment for Socrates students is by way of examination. |
Company Law: (LA3446) 10 ECTS
This course deals with the law relating to companies. The subjects covered include the incorporation of companies and the legal consequences; the constitutional documents of a company; the law relating to corporate capacity; shares and membership; directors' duties and their enforcement; minority and creditor protection; capital and its maintenance; corporate borrowing; liquidations (including proceedings for fraudulent trading and fraudulent preference).
The course is open to both law students and BESS students. BESS students must have taken Introduction to Law and Aspects of Irish Law in a European Perspective.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Identify and evaluate the interplay between the legal entity that is the company and the shareholders and directors, as the other organs of the company, in a wide range of situations;
- Apply relevant mandatory statutory rules and case law to companies in order to analyse and solve legal issues relating to companies;
- Discuss and debate different perspectives on various aspects of the law relating to companies including the change in legal approach which occurs when a company runs into financial difficulties.
Teaching: |
3 hours of lectures per week in Semester 2 |
|---|---|
Assessment: |
Examination - 100% (1 x 2 hour paper) |
Lecturer: |
Ms Genevieve Coonan and Dr. Ailbhe O'Neill |
Prerequisite and Socrates Assessment: |
Given the complexity of the subject, Company Law is open to Socrates students on condition that they have previously studied Company law in their home institution. Assessment for Socrates students is by way of examination. BESS students must have taken Introduction to Law and Aspects of Irish Law in a European Perspective. |
Conflicts of Laws: (LA3448) 10 ECTS
Conflict of Laws (also known as Private International Law) is the body of rules whose purpose is to assist the Irish court in deciding a case containing a foreign element. It consists of three main elements: (1) the jurisdiction of the Irish court (whether the Irish courts is competent to hear the dispute); (2) the selection of the appropriate rules of a system of law, Irish or foreign, which it is to apply in deciding a case before it (choice of law); and (3) the recognition and enforcement of judgments given by foreign courts. A particular focus of the course is the development of distinctive conflict of law rules within the European Union in the areas of tort, contract and commercial litigation.
Learning Outcomes:
- Having successfully completed this module, students should be able to:
- Locate contentious issues within national and international legal contexts;
- Identify and evaluate the role of EU law in the development of rules and standards applied in the Irish courts;
- dentify and critically analyse rules governing jurisdiction, choice of law and the recognition and enforcement of judgments both orally and in writing;
- Compare and contrast the application of those rules in different substantive legal contexts;
- Discuss and debate different theoretical and practical perspectives on the conflict of laws and formulate proposals for reform;
- Apply Irish and European conflicts regimes in practical settings to resolve hypothetical fact scenarios; • Conduct effective research of contentious issues at national and international levels.
Teaching: |
3 hours of lectures per week in Semester 2 |
|---|---|
Assessment: |
Examination - 100% (1 x 2 hour paper) |
Lecturer: |
Dr. Liz Heffernan and Mr. John Ahern |
Contemporary Issues in Legal Philosophy: (LA3441) 5 ECTS
This is an advanced module which may only be undertaken by students who have already completed jurisprudence. The module takes a thematic approach to legal philosophy. Among the themes which may be addressed are the following: the Rule of Law; the role of morality in the identification of law; the role of morality in legal interpretation; constitutionalism and democracy; conceptions of justice. There is a heavy emphasis on coursework and active participation in the classes.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Formulate their own, critically aware, position on issues of legal philosophy;
- Read primary texts of a philosophical character;
- Appraise the value of the rule of the law;
- Map out the boundaries of legal positivism and natural law theory
- Identify in what circumstances (if any) a person is under an obligation to obey the law;
- Write coherently about the issues addressed in the course.
Teaching: |
1 1/2 hours of lectures per week in Semester 2 |
|---|---|
Assessment: |
Class Participation - 20%, Coursework - 80% |
Lecturer: |
Dr. Oran Doyle and Mr. David Prendergast |
Pre-requisites: |
Jurisprudence Senior sophister students who studied an approved jurisprudence module while on Erasmus or other exchange programme may take the Contemporary Issues in Legal Philosophy module. However, this is an advanced module that presupposes knowledge of certain topics covered as part of the Jurisprudence module. No allowance whatsoever will be made for students who are not familiar with those topics. Accordingly, students who have completed a jurisprudence module in another university should consult with the course lecturers to ascertain for themselves whether this module is appropriate for them. |
Corporate Governance: (LA3469) 5 ECTS
Corporate Governance concerns the question of whose interests should be served by a company and how to ensure that managerial decisions do indeed further these interests. The first part of the course is theoretical in nature and will refer to multidisciplinary academic material (particularly from the fields of economics and management theory) to explore the separation of ownership and control and "agency cost" problems. This course also contains a “black letter” component, covering the development of corporate governance codes and principles as well as the governance measures embodied in the Companies Acts 1963-2005 and other relevant Irish legislation. Much of the latter part of the course is comparative in its focus – exploring the ways in which corporate governance concerns have been dealt with in a variety of jurisdictions. The course will refer to examples of high profile governance failures in order to assess the various measures currently favoured within corporate governance scholarship. Other key topics include corporate social responsibility and the position of stakeholders and the role of the institutional investor.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Identify and analyse the agency problems that arise in the modern corporation.
- Evaluate the various solutions that have been proposed to these problems.
- Map the connection between the regulatory, legal and economic environment and corporate governance in different jurisdictions and at different points in history.
- Discuss and debate issues of corporate social responsibility and the interests of stakeholders.
Teaching: |
1-2 hours of lectures per week in Semester 1 |
|---|---|
Assessment: |
Coursework - 100% |
Lecturer: |
Dr. Ailbhe O'Neill |
Restrictions: |
JS 2011/12 students may not take European Human Rights if taking this module. |
Criminology: (LA3450) 10 ECTS
This course covers the different theoretical perspectives attempting to offer a scientific analysis of crime‚ and the criminal, from classical to contemporary theories. Throughout, different theoretical perspectives are applied to the exercise of criminal justice in an Irish context.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Critically appraise social and political ideas relating to crime and the criminal justice system.
- Construct well-sourced arguments on criminological topics using a broad inter-disciplinary social sciences approach
- Identify and analyse general principles of criminological theories;
- Appraise and evaluate the development of criminological thought;
- Map the connections between different strands of theoretical analysis about crime and punishment;
- Apply key tenets of criminological theory to analysis of the Irish criminal justice system.
Teaching: |
3 hours of lectures per week in Semester 1 |
|---|---|
Assessment: |
Essay -20% Examination - 80% (1 x 2 hour paper) |
Lecturer: |
Dr. Alan D.P. Brady BL |
Economic and Legal Aspects of Competition Policy: (LA3452) 10 ECTS
The object of this inter-disciplinary course is to allow students to gain a good understanding of key legal and economic policies underlying EU competition law. The course engages with the competition law rules which prohibit competitors from entering into anti-competitive agreements and which prevent dominant market players from abusing their dominant position at the expense of weaker competitors. Students have a choice of completing the project in either a law or economics-related area of competition policy.
The course begins by explaining key legal and economic concepts which are central to Competition policy. The introductory lectures also focus on the impact of Competition law in a business context and on the extra-territorial impact of the EU Competition regime. It goes on to cover areas such as the prohibition on anti-competitive agreements (including cartels) in Article 101 TFEU and the prohibition on abuse of a dominant position in Article 102 TFEU. The course also examines the public enforcement by the European Commission and the national competition authorities of EU Competition law (under Council Regulation 1/2003).
Recommended introductory reading: Goyder’s EC Competition Law (5th edition, Oxford University Press, 2009) and Jones and Sufrin, EU Competition Law (Oxford University Press, 4th edition, 2011).
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Identify, evaluate and critique the key legal and economic principles underlying competition policy
- Locate competition policy within national and EU legal and economic contexts
- Understand the salient elements of the principles governing anti-competitive agreements and practices, and market abuses perpetrated by dominant players
- Apply critical analysis and problem-solving skills and techniques to different essay topics and seminar questions based on material covered in the module
- Map the relationship between competition policy and the business world, as well as understanding how the effective implementation of such a policy can reap major benefits for consumers in the marketplace
Teaching: |
3 hours of lectures (2 law, 1 economics) per week with additional seminars in Semester 1 |
|---|---|
Assessment: |
Project - 20% Examination - 80% (1 x 2 hour paper) |
Lecturers: |
Alex Schuster and Fran O'Toole (Economics) |
Restrictions: |
JS 2011/12 students may not take Employment Law if taking this module |
Employment Law: (LA3430) 10 ECTS
This module offers a thorough overview of employment law in Ireland, introducing students both to the variety of overlapping sources of employment law and to the multiplicity of different fora in which employment disputes may be adjudicated upon in addition to (and including) the civil courts. It analyses the nature of the employment relationship, the contract of employment, and atypical types of employment status including agency workers, part-time workers and fixed term workers. A thorough analysis is undertaken of employers’ statutory and common law obligations to their employees, including the study of emerging causes of action such as the liability of employers for workplace harassment, bullying and stress, and the potential for vicarious liability being imposed upon employers for wrongs committed by their employees. Employment equality law also receives detailed treatment in this module, as does the termination of employment under both common law and statute. The module concludes with a detailed analysis of remedies in employment law, with special emphasis on the distinctive body of law that continues to grow in the context of employment injunctions.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Identify and analyse the relationship between the different sources of Irish employment law and the various fora in which employment disputes are litigated;
- Appraise and evaluate the substantive legal principles in a number of distinct areas of employment law;
- Identify and evaluate the range of remedies available in employment litigation;
- Apply critical analysis and problem-solving skills and techniques to different essay and problem-based employment law questions.
Teaching: |
3 hours of lectures per week in Semester 1 |
|---|---|
Assessment: |
Examination - 100% (1 x 2 hour paper) |
Lecturers: |
Dr. Neville Cox BL and Dr. Des Ryan BL |
Restrictions: |
JS 2011/12 students may not take Economics and Legal Aspects of Competition Policy if taking this module |
English Land Law: (LA3471) 10 ECTS
This module offers students an overview of the major principles of English land law, with particular attention paid to those areas where English land law differs from Irish land law. The course addresses the various estates in land recognised in English law and their key incidents, including detailed study of the leasehold estate and the Commonhold and Leasehold Reform Act 2002. The law relating to trusts and co-ownership is explored and the changes introduced by Trusts of Land and Appointment of Trustees Act 1996 are considered in depth. The course then turns to consider the law relating to mortgages, easements and covenants in relation to land, and the doctrine of adverse possession. A central focus throughout is the land registration system in England, and the law of priorities arising out of that registration system. Students will be continuously exposed to the consequences of registration for dealings in relation to land, and to the divergent rules that apply to registered and unregistered estates and interests in land in the various topics covered in the course. Finally, the impact of the Human Rights Act on English land law is analysed, and the developing jurisprudence on the human rights implications of land law is considered from a practical and a theoretical perspective.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Identify the principal differences between English and Irish land law and critically assess the divergences between the two systems;
- Apply the rules of English land law to solve problems in relation to both registered and unregistered land;
- Analyse the pros and cons of a comprehensive land registration system and evaluate its impact on dealings with land;
- Locate the rules of English land law within domestic and international human rights contexts;
- Identify and evaluate the range of remedies available in land law disputes;
- Apply critical analysis and problem-solving skills and techniques to different essay and problem based exam questions on English land law.
Teaching: |
2 hours of lectures per week plus additional seminars in Semester 1 |
|---|---|
Assessment: |
Examination - 100% (1 x 2 hour paper) |
Lecturer: |
Ms Aoife Beirne |
Environmental Law: (LA3453) 10 ECTS
The object of this course is to provide students with a thorough knowledge of Irish Environmental Law and Policy and some knowledge of European Environmental Law and Policy. At the end of this course, students will, inter alia, be able to further their knowledge of Environmental Law, apply problem solving skills to environmental problems, be interested and confident enough to read and explore Environmental Law issues independently, be able to define and address the major problems in managing the Irish environment, be able to present their research to their peers in an articulate, logical and coherent fashion. Examination is by project and written questions in the annual examination. The method of examination will be negotiated in class. For the last two years we have had open book examinations but this will be reviewed with the class this year.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Identify and evaluate Irish Environmental Law and Policy;
- Define and address the major problems in managing the Irish environment;
- Apply problem solving skills to environmental problems;
- Identify and evaluate European Environmental Law Policy;
- Discuss and debate their research to their peers in an articulate, logical and coherent fashion.
Teaching: |
3 hours of lectures per week in Semester 2 |
|---|---|
Assessment: |
Examination (1 x 2 hour paper) |
Lecturer: |
Professor Yvonne Scannell |
European Human Rights Law: (LA3436) 10 ECTS
This course is divided in two parts. The first part of the course will focus on the regional human rights regime established by European Convention on Human Rights and Fundamental Freedoms. In addition to a general discussion of practice and procedure under the ECHR, case law concerning substantive rights, such as the prohibition against torture and inhuman or degrading treatment or punishment, the right to respect for private and family life, the right to freedom of religion, and the right to freedom of expression, will be analysed in-depth. In the second part of the course, specific questions related to the protection of human rights in Europe will be addressed, such as protection of socio-economic rights and protection of human rights in the context of terrorism. This part of the course will draw upon experience outside Europe to analyse European responses.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Conduct effective and targeted research in case law and academic legal commentary regarding the protection of human rights pursuant to the European Convention on Human Rights;
- Identify, evaluate and critique the evolution of human rights pursuant to the European Convention on Human Rights;
- Discuss and debate the moral, theoretical and ethical assumptions underpinning human rights;
- Apply the law and theory of human rights to concrete practical problems and to the challenge of ensuring effective implementation and protection of human rights.
Teaching: |
3 hours of lectures per week in Semester 1 |
|---|---|
Assessment: |
Examination - 100% (1 x 2 hour paper) |
Lecturer: |
Dr. Catherine Donnelly |
Evidence: (LA3458) 10 ECTS
This course is designed to provide sophister students with an introduction to the law of evidence in Ireland with particular emphasis on criminal evidence and procedure. Topics covered include: proof and probability; the examination of witnesses; expert evidence; unlawfully obtained evidence; and legal professional privilege. The influence of the Constitution and the European Convention on Human Rights in shaping the law of evidence is a theme running through the course.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Outline the role of evidence in the trial process;
- Identify and evaluate the different forms of evidence and the manner in which they are gathered and presented;
- Conduct effective research on the law of evidence at national and international levels;
- Locate the law of evidence within constitutional and human rights contexts;
- Identify and critically analyse evidentiary concepts, doctrines and rules both orally and in writing;
- Apply evidentiary concepts, doctrines and rules in practical settings to resolve hypothetical fact scenarios;
- Discuss and debate different perspectives on evidentiary law and policy and formulate proposals for reform.
Teaching: |
3 hours of lectures per week and additional seminars in Semester 1 |
|---|---|
Assessment: |
Examination - 100% (1 x 2 hour paper) |
Lecturer: |
Dr. Liz Heffernan |
Family Law: (LA3459) 10 ECTS
This course is designed to give the student an understanding of the basic principles and procedures which apply in the context of Family law, as well as an awareness of the social context of the subject. Policies underlying family law are analysed, the effectiveness of present procedures is assessed, and the relationship between traditional legal remedies and other forms of social support is examined. Topics covered include formation of marriage, nullity, judicial separation, divorce, family property and maintenance. Domestic violence, the rights of cohabitees, and related social issues, such as social welfare and family support systems, will also be considered.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Identify and evaluate the law relating to families in Ireland in the light of the Constitution, the domestic legal framework as well as international human rights law.
- Debate and discuss the policy which shapes and informs family law in Ireland.
- Apply critical analysis and problem-solving skills and techniques to different essay and problem-based family law questions.
Teaching: |
3 hours of lectures per week in Semester 1 |
|---|---|
Assessment: |
Examination - 100% (1 x 2 hour paper) |
Lecturer: |
Trish Brazil |
Food Law: (LA3437) 10 ECTS
This module examines the increasingly important area of Food Law. The focus is primarily on European Union rules in this area, as it is from here that most of our food law now emanates. The course will commence with a re-examination of EU rules on free movement for goods, with emphasis on the movement of food. Food safety has also become a priority for the EU lawmaker, in particular following a series of scares such as those about ‘mad cow disease’ (BSE), bird ‘flu and dioxins in pork. Other topics covered by this module include genetic modification, organic food regulation, intellectual property rights, animal welfare, food labelling and emergencies.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Identify the key sources of Irish Food Law;
- Categorise the main areas of Food Law and assess the most significant rules and regulations in each;
- Appraise the manner in which the production and marketing of food is regulated;
- Analyse the interaction between Food Law and human behaviour;
- Assess the impact of other disciplines on the formulation of Food Law.
Teaching: |
3 hours of lectures per week in Semester 2 |
|---|---|
Assessment: |
Essay - 25% and Examination - 75% (1 x 2 hour paper) |
Lecturer: |
Dr. Caoimhin MacMaolain |
Intellectual Property Law: (LA3460) 10 ECTS
The law of intellectual property is concerned with the legal regulation of the way in which ideas, innovation and artistic endeavour are protected and commercially exploited. In particular it deals with the law relating to patents, trade marks, passing off, copyright, registered designs, plant varieties, trade secrets and confidential information. It also examines the social and economic justifications for such rights. The course presents an account of the Irish law relating to these matters, as well as a survey of Ireland’s international obligations in this field.
Learning Outcomes:
Students successfully completing this module should be able to:
- Identify and analyse the legal regulation of the way in which ideas, innovation and artistic endeavour are protected and commercially exploited.
- Understand the law relating to patents, trade marks, passing off, copyright, registered designs, plant varieties, trade secrets and confidential information.
- Appraise and evaluate the social and economic justifications for such rights.
- Evaluate Ireland’s international obligations in this field.
Teaching: |
3 hours of lectures per week in Semester 2 |
|---|---|
Assessment: |
Examination - 100% (1 x 2 hour paper) |
Lecturer: |
Paul Coughlan |
International Human Rights: (LA3438) 10 ECTS
This course examines the foundations and development of international human rights law. It considers the historical, political and legal context from which the current framework for human rights has emerged and analyses the international and regional instruments and mechanisms for monitoring and enforcing human rights. Select case studies explore the complex interplay between law and policy and the role of international and national actors in responding to human rights violations. Lectures will highlight the central debates surrounding, and shaping, the evolution of international human rights norms, legal instruments and state and non-governmental practices, as well as the current trends and challenges in advancing human rights protection in a diverse and dynamic community of nations.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Identify and describe the essential characteristics of the international human rights regime;
- Debate different theoretical and cultural perspectives on the foundations of international human rights;
- Discuss and evaluate the interaction between different international mechanisms for the enforcement of human rights;
- Apply concepts, doctrines and rules to practical human rights challenges to resolve hypothetical fact scenarios;
- Successfully complete substantial independent research into a particular aspect of international human rights
Teaching: |
3 hours of lectures per week and additional seminars in Semester 1 |
|---|---|
Assessment: |
Examination - 60% (1 x 2 hour paper) , Essay - 40% |
Lecturer: |
Dr. Rosemary Byrne |
International Trade Law: (LA3462) 5 ECTS
This module examines the key rules and agreements governing the operations of the World Trade Organisation (WTO). It provides an introduction to the regulation of international trade by identifying and assessing the impact that these international agreements have on the national laws of members and the functioning of regional trade areas, such as the European Union. Emphasis is also placed upon the manner in which the WTO aims to further integrate developing countries into the global trading system and the resolution of trade disputes at the international level.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Explain the operations and functions of the World Trade Organisation;
- Appraise the role of the World Trade Organisation in the regulation of international trade;
- Evaluate the impact of regulating international trade on global development;
- Analyse the methods used for resolving international trade disputes;
- Describe the relationship between the World Trade Organisation and regional free-trade areas, such as the EU.
Teaching: |
1-2 hours of lectures per week in Semester 1 |
|---|---|
Assessment: |
Essay 100% |
Lecturer: |
Dr. Caoimhin MacMaolain |
Jurisprudence: (LA3463) 10 ECTS
The primary objective of this module is to facilitate students in the formulation of their own, critically aware, understanding of law and legal argument. By the end of the module, students should be able to articulate a reasoned position on the role that rules and principles play in the law, on the relevance of morality in legal argument and on the function that legal argument plays in legitimating the law and, by extension, the social order. The socratic method is used and students must read all the assigned material before each class. Among the theorists covered are HLA Hart, Dworkin, Fuller, Raz and Finnis.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Formulate their own, critically aware, position on jurisprudential issues;
- Read primary texts of a philosophical character;
- Map out the various connections between law and morality;
- Appraise critically the contributions to legal thought of the theorists covered during the module;
- Identify connections between jurisprudential theories and legal doctrinal issues;
- Write coherently about the theorists addressed in the course.
Teaching: |
3 hours of lectures per week and additional seminars in Semester 1 |
|---|---|
Assessment: |
Webcourse participation - 5%, Essay - 20% and Examination 75% (1 x 2 hour paper) |
Lecturer: |
Dr. Oran Doyle |
Media Law: (LA3472) 5 ECTS
This course will consider both the theoretical and practical questions which arise in this evolving area of the law. Initially, the course will examine the role of the media in a constitutional democracy. The constitutional protection of the media in Ireland will be compared with similar regimes in other jurisdictions and with the jurisprudence of the European Convention of Human Rights. The course will then address a number of specific areas of media law. Lectures will deal with defamation, privacy, contempt of court, the protection of journalistic sources, obscenity, blasphemy, and other similar topics. The regulatory regimes in Ireland and in the EU will be considered in detail while the final part of the course will look at the issues raised by the rise of new media forms like the internet.
Learning Outcomes:
On successful completion of this module students should be able to:
- Critically assess how the law regulates the operation of the media in Ireland and across Europe
- Explain the salient elements of Irish media law
- Evaluate the emerging developments in media law and regulation, including the use of non-legal governance
- Apply critical analysis and problem-solving skills and techniques to different essay and problem questions based on material covered in the module
- Conduct research into developing areas of media law and practice.
Teaching: |
1-2 hours of lectures per week in Semester 1 |
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Assessment: |
Essay (optional) - 20% and/or Examination (1 x 1 hour paper) - 80% or 100% |
Lecturer: |
Dr. Ailbhe O'Neill |
Penology (LA3470) 5 ECTS
Penology involves the study of how the state punishes those who have been convicted of offences. The subject covers the interlocking issues of sentencing, prison and non-custodial punishments. The overarching theme of the module is the use of state power against individuals who are deemed to have violated society’s norms. The module will equip students to take an in-depth look at the penal system and evaluate why when and how and it is legitimate for the state to punish its citizens. The module will take a practical look at the bureaucracy of punishment, in particular sentencing courts and prisons. Students will examine the contemporary problems with these institutions and evaluate the ongoing penal reform agenda. Penology involves a broad inter-disciplinary approach which includes aspects of sociology, political theory and philosophy as well as law. It is closely related to criminology, and is in some ways a sub-set of criminology. Students are not required to take the first semester module in criminology, however, penology and criminology are natural partner-courses and students who study both will find that they inform one another.
Learning Outcomes:
Upon successfully completing this module, students should be able to:
- Critically appraise social and political ideas relating to state punishment of offenders
- Construct well-sourced arguments relating to sentencing and prison using a broad inter-disciplinary social sciences approach
- Analyse and evaluate the workings of the Irish penal system
- Apply a research-based social sciences approach to the phenomenon of state punishment.
- Identify, describe and evaluate proposals for reform of the Irish penal system.
Teaching: |
1-2 hours of lectures per week in Semester 2 |
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Assessment: |
Essay - 100% |
Lecturer: |
Dr. Alan DP Brady BL |
Public Interest Law: (LA3435) 10 ECTS
Public Interest law can be defined as 'the use of litigation and public advocacy to advance the cause of minority or disadvantaged groups and individuals.' The course examines the use of litigation to promote social inclusion. In Part A, we consider, in sequence, the definition and history of Public Interest law; the constitutional and political legitimacy of Public Interest law; the implications of Public Interest law for court practice and procedures; and the merits and demerits of litigation strategy. In Part B, we consider selected areas of substantive law such as social welfare, Travellers' rights, and children's rights in an evaluation of the role of the Irish courts in promoting social inclusion.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Critically assess how the legal system may promote social and political reform, having regard, in particular, to the relationship between the political and legal systems;
- Describe how the Irish courts have dealt with legal claims pursued by people with learning difficulties, children from dysfunctional families, members of the Traveller community and social welfare claimants;
- Describe the different models for delivering legal services to marginalised communities and the different types of service provided;
- Conduct research into substantive and adjectival areas of the law relating to social exclusion.
Teaching: |
3 hours of lectures per week in Semester 2 |
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Assessment: |
Examination - 100% (1 x 2 hour paper) |
Lecturer: |
Ms Andrea Mulligan |
Public International Law: (LA3439) 10 ECTS
This course aims to provide students with a strong foundation in the legal principles, norms and rules that govern the legal interactions between States in a transforming global order. Among the areas covered are: the nature, sources and subjects of international law; customary and treaty law; state responsibility; jurisdiction and immunities; the use of force; humanitarian law; and international criminal justice. Students will critically apply acquired international legal skills to analyse many contemporary issues, including those related to the Good Friday Agreement, Guantanamo, Iraq, Afghanistan, the Balkans, Rwanda and Darfur.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Identify and describe the essential characteristics of the international legal system;
- Debate different theoretical perspectives on international law;
- Discuss and evaluate the interaction between international law and national law;
- Identify and critically analyse substantive rules in international fields such as criminal jurisdiction, the use of force and the law of the sea;
- Apply concepts, doctrines and rules in practical international settings to resolve hypothetical fact scenarios;
- Successfully complete substantial independent research into a particular aspect of international law.
Teaching: |
3 hours of lectures per week and additional seminars in Semester 2 |
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Assessment: |
Examination - 100% (TBC) |
Lecturer: |
Dr. Rosemary Byrne |
Refugee Law (LA3466) 10 ECTS (not on offer in 2011/12)
The aims of this course are to outline the law relating to refugees and immigration in Ireland in the light of EU membership and international human rights law, to develop a critical understanding of the policy behind refugee and immigration law, and to develop a practical understanding of the implications of refugee and immigration law. The course is divided into three parts, Part I dealing with the International Framework for Refugee Protection, Part II addresses the European dimension and Part III considers the Irish framework on refugee and immigration law. Topics covered include Principles and Key Concepts in Refugee Protection, the Convention Relating to Status of Refugees 1951, Alternative Forms and Instruments of Protection, the Evolving EU Acquis on Asylum, European Refugee Protection: Practices and Policies, The Refugee in Irish Law, Citizenship and Naturalisation in Irish law and Immigration Law in Ireland.
Learning Outcomes
Having successfully completed this module, students should be able to:
- Identify and evaluate the law relating to refugees in Ireland in the light of international human rights law, membership of the European Union and the domestic legal framework;
- Critically analyse the policy behind refugee law in the domestic and international spheres;
- Apply critical analysis and problem-solving skills and techniques to different essay and problem-based refugee law questions.
Teaching: |
3 hours of lectures per week in Semester 2 |
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Assessment: |
Examination - 100% |
Lecturer: |
Ms Patricia Brazil |
Sports Law: (LA3467) 10 ECTS
This course looks at legal aspects of sport. It includes analysis of the sporting structure in Ireland, including the question of whether Judicial review actions might lie against sporting bodies. Among the other issues covered by the course are challenges to decisions of governing bodies such as the GAA and the FAI, competition rules, EU rules on free movement of sportspersons and freedom to provide sporting services, players contracts, stadium and occupier liability issues including control of hooliganism, civil and criminal liability arising on the field of play, drugs in sport, equality issues, issues pertaining to television coverage of sporting events, product liability, and marketing/merchandising/intellectual property issues.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Critically assess how the law regulates the relationship between athletes and governing bodies;
- Critically assess how the law regulates the business aspects of sport
- Possess an advanced understanding of how EU law affects the business of sport
- Critically assess how the law regulates activities on the field of play
- Apply critical analysis and problem-solving skills and techniques to different essay and problem questions based on material covered in the module;
- Conduct research into the law regulating the relationship between sport and the law.
Recommended reference text: Lewis and Taylor, Sport: Law and Practice (Tottle Publishing, West Sussex 2008).
Teaching: |
3 hours of lectures per week in Semester 1 |
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Assessment: |
Examination - 100% (1 x 2 hour paper) |
Lecturer: |
Dr. Neville Cox and Mr. Alex Schuster |
Tax Law: (LA3468) 10 ECTS
This module considers the sources of Irish tax law and the increasing impact of Community law obligations upon domestic law in the context of both direct and indirect taxes. The module also considers international tax issues and the question of jurisdiction to impose taxation. The module goes on to consider the administrative framework pertaining to domestic taxation and the question of appeals. The module examines key concepts of domestic tax law with particular reference to income tax.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Identify and discuss the sources of Irish tax law;
- Critically evaluate the impact of Community law obligations on domestic tax law;
- Discuss international tax law issues and the jurisdiction of the State to impose taxation;
- Identify and discuss taxpayers’ rights of appeal;
- Discuss and apply key concepts of domestic tax law with reference to specific fact scenarios.
Teaching: |
3 hours of lectures per week in Semester 2 |
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Assessment: |
Examination - 100% (1 x 2 hour paper) |
Lecturer: |
Mr. Niall O'Hanlon |
Research Dissertation: (LA4004) (Senior Sophister Option) 10 ECTS
Senior sophister students may choose to complete a research dissertation under the supervision of a member of the Law School staff. The subject of the dissertation may be chosen by the student but must be approved by the Director of the LL.B. Dissertation programme. The aim of this option is to encourage students to engage in largely self-directed research and writing leading to the completion of an analytical and critical piece of research. The maximum word limit is 13,000 words. Dissertations must be submitted by the end of the first week in Hilary Term.
Learning Outcomes:
Having completed this module, students should be able to:
- Complete a substantial dissertation based on independent, largely self directed research;
- Work effectively under the guidance of a research supervisor;
- Conduct effective and targeted research of the full range of primary and secondary legal sources on a particular topic;
- Critically assess in writing legal theories, concepts and doctrines;
- Discuss and critique in writing different perspectives on law and policy;
- Determine the scope and structure of a research project and establish a viable research plan;
- Identify, discuss and debate various research methodologies;
- Incorporate comparative and multidisciplinary perspectives where appropriate.
Teaching: |
Research Method Workshops and seminars will be organized for Semester 1 |
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Assessment: |
Dissertation, submitted by the first Friday of teaching week in the Semester 2 |
Co-ordinator: |
Dr. Caoimhin MacMaolain |
The court of examiners has the right to fix a quota for any particular module, or to withdraw a module, or, in a particular academic year, to decline to offer a module or to introduce an additional module. See the Calendar for further details.
Information on Broad Curriculum modules can be found on the BC website.
For further information on admissions go to Admissions Office page.