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.
2012-13 Modules
| Semester 1 (Michaelmas Term) | Semester 2 (Hilary Term) |
|---|---|
Advanced EU Administrative Law (see Freshman Module Page) |
Advanced Evidence (5 ECTS) * Law and Political Science students only. 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 scheme. See section on Study Abroad Opportunities.
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 and additional seminars in the 1st Semester. |
Assessment: |
Examination, Course work, Class tests – final percentages to be announced at first class. Examination will be in range of 50-70%. |
Lecturers: |
Dr Diarmuid Rossa Phelan SC |
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: |
2 hours of lectures per week in the 2nd Semester. |
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Assessment: |
Coursework – 100% |
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Lecturers: |
Professor Liz Heffernan |
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Pre-Requisite: |
Students must have studied LA3458 - Evidence |
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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 bargaining and the legal status of collective agreements, and the law on trade disputes, including liability for engaging in industrial action and legal immunities available to participants in such action. In relation to the union/member relationship, we will examine how the law regulates the formation of this relationship, the legal incidents of the relationship and the termination of the relationship.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Critically assess how the law regulates the relationship between employers and workers operating through trade unions, in particular, in relation to collective bargaining and industrial conflict;
- Explain the salient elements of Irish industrial relations;
- Apply critical analysis and problem-solving skills and techniques to different essay and problem questions based on material covered in the module;
- Research topics in law regulating the relationship between employers and trade unions.
Teaching: |
3 hours of lectures per week in the 2nd Semester. |
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Assessment: |
Essay (5,000 words) – 25% and Examination – 75% (1 x 2 hour paper). |
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Lecturers: |
Professor Gerry Whyte |
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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.
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.
Teaching 3 hours of lectures per week and additional seminars in the 1st Semester.
Assessment: Essay (optional) (3,000 words) - 20%, Annual Examination - 80% or 100% Annual Examination.
Teaching: |
3 hours of lectures per week in the 1st Semester. |
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Assessment: |
Assessment: Essay (optional) (3,000 words) - 20%, Annual Examination (1 x 2 hour paper)- 80% or 100% Annual Examination (1 x 2 hour paper). |
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Lecturers: |
Dr. Deirdre Ahern |
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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 of incorporation, the constitutional documents of a company, the law relating to corporate capacity, directors' duties and their enforcement; shareholder and creditor protection; corporate borrowing, examinership and liquidation of companies.
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 statutory rules and case law to companies in order to analyse and solve legal issues relating to companies;
- Discuss and debate different perspectives on various aspects of the law relating to companies including the change in legal approach which occurs when a company runs into financial difficulties.
Teaching |
3 hours of lectures per week and additional seminars in the 2nd Semester. |
Assessment: |
Assessment is primarily by way of examination. |
Lecturer: |
Dr. Ailbhe O’Neill |
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 issueswithin national and international legal contexts;
- Identify and evaluate the role of EU law in the development of rules and standards applied in the Irish courts;
- Identify and critically analyse rules governing jurisdiction, choice of law and the recognition and enforcement of judgments both orally and in writing;
- Compare and contrast the application of those rules in different substantive legal contexts;
- Discuss and debate different theoretical and practical perspectives on the conflict of laws and formulate proposals for reform;
- Apply Irish and European conflicts regimes in practical settings to resolve hypothetical fact scenarios;
- Conduct effective research of contentious issues national and international levels.
Teaching: |
3 hours of lectures per week in the 2nd Semester. |
Assessment: |
Examination - 100% (1 x 2 hour paper) |
Lecturer: |
Prof Liz Heffernan and Mr. David Kenny |
Contemporary Issues in Law and Political Science: (LA3475) 5 ECTs
This module seeks to explore at an advanced level the complex-interrelationship between the disciplines of Law and Political Science. It is aimed at Junior and Senior Sophister students in the Law and Political Science Degree programme.
Each seminar will be based around a specific theme or set of themes of relevance to a Contemporary Issue/Issues in the intersection of Law and Political Science. The classes will be in a seminar-style format and will be led in the main by Guest Speakers who are expert in this area, for example, experienced Superior Court judges, former Attorneys General etc. There will, in addition, be a number of seminars led by the Module Co-Ordinators in which the class will have the opportunity to reflect upon the Guest Speakers’ presentations.
By way of examples of the type of contemporary issues to be addressed the module, it is proposed that the first year of the module would include most if not all of the below themes:
- The Constitutional Convention – Issues of Relevance from a Law and Political Science Perspective
- The Children’s Rights Amendment to the Constitution: Political and Legal Questions
- Access to Justice Issues in a Legal and Political context
- The Role of the Judge in a Modern Democracy
- The Politics of the Economic Crisis: A Failure of Regulation?
- Socio-Economic Rights in the Irish Courts: Legal and Political Themes in Case Law
- Tribunals of Inquiry
- Asylum and Immigration: The Role of the Courts
The nature of the skill-set being developed by this module is such that engaged and active contribution to the round-table discussion is required. The aim of the teaching structure will be for the Guest Lecturers to lead a discussion that will facilitate and prompt the effective articulation of students’ own analyses and perspectives.
Materials
There is no core text book for this module. The reading list will encompass both critical and doctrinal academic literature from the disciplines of Law and Political Science as well as specific case studies that will form the basis of much of the critical analysis in the roundtable discussions. For each seminar it is envisaged there will be one or two pieces of core reading. This will consist of, for example, a leading judgment of relevance to a particular contemporary issue or issues in Law and Political Science that will form the basis of the discussion in class and/or a critical journal article on the topic. Students will be required to complete this core reading in advance as it will form the basis of the discussion in class.
Learning Outcomes
Having successfully completed this module, students should be able to:
- Formulate their own, critically aware, position on contemporary issues in Law and Political Science;
- Debate and discuss critically complex Legal and Political themes using sophisticated analytical tools;
- Display an ability to approach complex contemporary questions in an interdisciplinary manner that unites the methodologies of both Law and Political Science;
- Write coherently about the issues addressed in the module.
Teaching: |
1 x 90 min seminar per week in the 2nd Semester. |
Assessment: |
The module will be examined by a 5,000 word essay. Students are free to choose their own essay topic, subject to the approval of the Module Co-ordinators. The topic should encompass the critical approach and methodology of the module, although it need not necessarily focus on any of the specific contemporary issues explored at the round-table sessions. Marks will be awarded for structure, clarity of argument and analysis as well as originality and insight. Students will be expected to reference and cite in the usual manner. |
Lecturers: |
Dr. Des Ryan and Dr. Jac Hayden and guest lecturers |
Assessment: |
Essay – 100% |
| Restrictions: | This module is only available to Sophister Law and Political Science students. |
Corporate Governance: (LA3469) 5 ECTS
The module will cover both the legal and regulatory environment and the informational and market infrastructures which apply in Ireland and the wider EU. The objective of this module is to develop an understanding of the development of corporate governance and its importance to companies and their stakeholders. It seeks to provide a framework for analysing how regulations impact on corporate decision-making, ethics and planning. The module will investigate the processes of supervision and control within companies (including board composition, board committees and board remuneration) and it will determine the primary aims of these processes. The theory and the reality of shareholder democracy and corporate social responsibility will be analysed. Students will be referred to multidisciplinary academic material particularly from the fields of law and economics, behavioural economics and management theory. The theory will be contextualized and there will be discussions of high profile governance scandals such as Enron and Parmalat and the corporate governance failings in credit institutions revealed in the wake of the Financial Crisis.
Advance reading will be required for each class. This will include seminal scholarly papers, corporate governance codes and regulations.
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: |
2 hours of lectures per week (weeks 5 – 10) in the 1st Semester |
Assessment: |
Coursework - 100% |
Lecturer: |
Professor Blanaid Clarke |
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 in the 1st Semester |
Assessment: |
Essay (5,000 words) -33.33% Examination – 66.66% (1 x 2 hour paper) |
Lecturer: |
Professor Ivana Bacik |
Critical Perspectives on Law: (LA3474) 5 ECTS
Doctrinal approaches to law are generally based on certain assumptions about human motivations and behaviour and the structure of society. Many of these grounding assumptions are rooted heavily in particular socio-political ideologies, most commonly those of 19th Century liberalism. Ideas about individual legal rights, justice and public policy have a strong tendency to assume a level of equality of power and opportunity that is wholly absent from the status quo in most developed economies.
The purpose of this module is to equip students to identify and critique the sacred cows of legal doctrine. By examining social context, economic realities and power relationships, the fallacies of many of the founding principles of core legal subjects will be deconstructed and evaluated. Students may ultimately conclude that these founding principles are sound or meritorious; however, whatever their conclusion, the process of critique and defence of fundamental elements of the legal order adds significantly to students’ understanding of the law.
The critique is primarily aimed at the core subjects that students will have studies during their Freshman modules. This ensures that students have sufficient background material. These subjects have also been chosen as they are the basis for the legal education of all professional lawyers in the state in that they are also the core subjects of the FE1 exams and the King’s Inns’ Diploma in Legal Studies.
Learning Outcomes:
At the end of this module, students should be able to:
- Identify and categorise political and ideological assumptions that have been subsumed into legal doctrine
- Describe and evaluate the appropriateness of grounding principles in the contemporary socio-economic context
- Differentiate the sectoral interest groups that benefit and do not benefit from the legal status quo
- Justify and defend principles with which they agree based on full evaluation of their applicability in the practical legal context
- Appraise the extent to which the existing corpus of Irish law serves its ostensible goals.
Teaching: |
1-2 hours of lectures per week in the 2nd Semester. |
Assessment: |
Essay – 100% |
Lecturers: |
Mr. David Kenny and Dr. Alan Brady |
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 and additional seminars |
Assessment: |
Examination - 100% (1 x 2 hour paper) |
Lecturers: |
Dr. Neville Cox and Dr. Des Ryan |
English Land Law: (LA3471) 10 ECTS
This module grounds students in the major principles of English land law, with particular attention paid to those areas where English land law differs from Irish land law. It builds upon the foundational work done in Land Law by deepening students conceptual understanding of property as an institution, and of the competing policy goals that affect its development, particularly through statutory reform. It also seeks to improve students’ critical understanding of land law, and in particular of the interface between public and private law in the context of land.
The course begins with an exploration of the foundational aspects of English land law. It considers the historical evolution of English land law, the impact of equity, and the understanding of ownership that it instantiates. In particular, the boundary between property rights and personal rights is critically assessed, and relativity of title in English land law is explored through the prism of the law of finders.
The course then addresses the various estates in land recognised in English law and their key incidents, including detailed study of the leasehold estate and the option of holding freehold estates as commonhold, under the Commonhold and Leasehold Reform Act 2002. The law relating to trusts and co-ownership is explored, particularly the changes introduced by Trusts of Land and Appointment of Trustees Act 1996. The course then turns to consider the law relating to mortgages, easements and covenants, and the doctrine of adverse possession.
A central focus throughout is the land registration system in England, and the priority rules 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. The impact of e-conveyancing on these rules will also be considered. Finally, the impact of the Human Rights Act 1998 on English land law will be analysed in detail. The course will address the Act itself, the debate about impact that it generated amongst academics, and the evolving jurisprudence on the human rights implications of land law emanating from the courts in Strasbourg and England. In particular, the interaction between European human rights principles and English private law principles, and the dialogue it has prompted between the European Court of Human Rights and the English Supreme Court, will be critically assessed.
Learning Outcomes:- Deconstruct reforms in English land law to understand their policy goals and their strengths/weaknesses in achieving such goals;
- Identify and assess the principal differences between English and Irish land law;
- Apply the rules of English land law to solve complex problems in relation to both registered and unregistered land;
- Analyse the pros and cons of a comprehensive land registration system and evaluate its impact on dealings with land;
- 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 |
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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 the 2nd Semester. |
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Assessment: |
Essay (4,000 words) - 20%, Examination (1 x 2 hour paper) - 80%. |
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Lecturer: |
Professor Yvonne Scannell |
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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 the 2nd Semester. |
Assessment: |
Examination 100% (1 x 2 hour paper) |
Lecturer: |
Dr. Catherine Donnelly |
Evidence: (LA3458) 10 ECTS
This module is designed to provide Sophister students with a foundation in the law of evidence in Ireland with particular emphasis on criminal evidence and procedure. Topics covered include: the examination of witnesses, evidentiary privileges and confession evidence. The influence of the Constitution and the European Convention on Human Rights in shaping the law of evidence is a theme running through the module.
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 the 1st Semester |
Assessment: |
Examination - 100% (1 x 2 hour paper) |
Lecturer: |
Professor 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 the 1st Semester. |
Assessment: |
Examination - 100% (1 x 2 hour paper) |
Lecturer: |
Ms. Patricia 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 labeling 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 the 2nd Semester. |
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Assessment: |
Essay (3,000 words)- 25% and Examination – 75% (1 x 2 hour paper). |
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Lecturer: |
Dr. Caoimhin MacMaolain |
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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 |
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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 |
Assessment: |
Examination - 100% (1 x 2 hour paper) |
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 the 1st Semester. |
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Assessment: |
Essay (5,000 words) - 100% |
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Lecturer: |
Dr. Caoimhin MacMaolain |
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Jurisprudence: (LA3463) 10 ECTS
The modules objectives are
- Students to understand why the recurring question in jurisprudence, such as “what is law?”, “what is the point of law?” are deeply problematic.
- Students to develop their own critically aware understanding of law
- Students to have read, and be able to understand and synthesize, the abstract analytical writings of select theorists
- Students to improve their analytical legal writing ability.
- Students to have a grasp of the fundamentals of rhetoric .
Students must read the assigned material before class. There wil be questions in class. Among the theorists covered are Hart, Finnis, and Teubner
Learning Outcomes:
On successful completion of this module students should be able to:
- Understand the importance of fundamental jurisprudential questions
- Parse primary texts of a philosophic character
- Understand the concept of law
- Write clearly on abstract jurisprudential topics.
- Analyse arguments.
- Write coherently about the theorists addressed in the course
Teaching: |
3 hours of lectures per week and additional seminars in the 1st Semester. |
Assessment: |
Examination 100% (1 x 2 hour paper) |
Lecturer: |
Dr. Diarmuid Rossa Phelan |
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: |
1½ hours of lectures per in the 2nd Semester. |
Assessment: |
Class Participation - 20%, Essay (5,000 words) - 80% |
Lecturer: |
Mr. David Prendergast |
Prerequisites: |
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 |
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 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 with particular emphasis on the jurisprudence of the European Convention of Human Rights. The course will then address a number of specific areas of media law. Lectures will deal with topics such as defamation, privacy, contempt of court, the protection of journalistic sources, obscenity, blasphemy, and the regulatory regimes in Ireland and in the EU. Throughout the course lectures will explore the issues raised by the rise of new media forms like the internet.
Learning Outcomes
On successful completion of this module students should be able to:
- Critically assess how the law regulates the operation of the media in Ireland and across Europe;
- Explain the salient elements of Irish media law;
- Evaluate the emerging developments in media law and regulation, including the use of non-legal governance;
- Apply critical analysis and problem-solving skills and techniques to different essay and problem questions based on material covered in the module;
- Conduct research into developing areas of media law and practice.
Teaching: |
3 hours of lectures per week in the 1st Semester |
Assessment: |
Essay (optional) - 20% and/or Examination - 80% or |
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: |
1½ hours of lectures per week in the 2nd Semester. |
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Assessment: |
Essay - 100% |
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Lecturer: |
Professor Ivana Bacik |
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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 the definition and history of Public Interest Law and the issue of access to legal services; In Part B, we consider a number of issues relating specifically to the use of litigation, namely, the constitutional and political legitimacy of public interest litigation; the implications of Public Interest Law for court practice and procedures; and the merits and demerits of litigation strategy. In Part C, we consider selected areas of substantive law such as social welfare law, Travellers' rights, and children's rights in an evaluation of the role of the Irish courts in promoting social inclusion.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Critically assess how the legal system may promote social and political reform, having regard, in particular, to the relationship between the political and legal systems;
- Describe how the Irish courts have dealt with legal claims pursued by people with learning difficulties, children from dysfunctional families, members of the Traveller community and social welfare claimants;
- Describe the different models for delivering legal services to marginalised communities and the different types of service provided;
- Conduct research into substantive and adjectival areas of the law relating to social exclusion.
Teaching: |
3 hours of lectures per week in the 1st Semester |
Assessment: |
Essay (5,000) – 25% and Examination – 75% (1 x 2 hour paper) |
Lecturer: |
Professor Gerry Whyte |
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 the 2nd Semester |
Assessment: |
Examination - 100% (1 x 2 hour paper) |
Lecturer: |
Dr. Rosemary Byrne |
Refugee Law (LA3466) 10 ECTS
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 the 2nd Semester |
Assessment: |
Examination - 100% (1 x 2 hour paper) |
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 the 1st Semester. |
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Assessment: |
Examination - 100% (1 x 2 hour paper) |
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Lecturer: |
Dr. Neville Cox |
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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.