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 2013-14 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.
2013-14 Modules
| Semester 1 (Michaelmas Term) | Semester 2 (Hilary Term) |
|---|---|
Advanced EU Administrative Law |
Advanced Evidence (5 ECTS) * Law and Political Science students only. Freshman modules available (to students who have not previously studied them)(see Freshman Module Page for more information) |
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 suc ces sfully 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 |
| Prerequisites: | Students must have completed EU Law. This module is only available in the SS year for Law and Business and Law and Political Science students. Law and French/German students may take this module if they have completed EU at a French/German university. |
| Restrictions: | Students taking this module may not take Administrative Law (LA1233) and Family Law (LA3459). |
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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| Restrictions: | Students may not take Collective Labour Law (LA3429) |
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Child Law (LA3429) 10 ECTS (NOT ON OFFER 2011/12)
- 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 the law relating to children 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 child law in Ireland.
- Apply critical analysis and problem-solving skills and techniques to different essay and problem-based child law questions.
Teaching: |
1-2 hours of lectures per week in the 2nd Semester. |
Assessment: |
Examination – 100% (1 x 1 hour paper). |
Lecturers: |
Patricia Brazil BL |
| Restrictions: | Students taking this module may not take European Human Rights (LA3436) or Tax Law (LA3468) |
Clinical Legal Education (LA3478) 10 ECTS
This module offers students an introduction to legal practice, allowing students the opportunity to develop core professional skills essential for a lawyer as well as to gain valuable practical experience in a legal environment. Students will undertake placements in a variety of organisations in the private, public and voluntary sectors. Under the supervision of experienced professionals, students will gain first-hand experience of legal practice, observing, assisting and, where appropriate, participating in the organisations’ work. This gives students an opportunity to apply and develop their legal skills and knowledge in a practical way and to learn from this experience. Students will also attend a weekly lawyering class which will focus on developing students’ professional legal skills and fostering an understanding of legal ethics. Students will give presentations on their experiences and engage in a process of reflection on these experiences, individually and as a group.
Learning Outcomes
- Having successfully completed this module, students should be able to:
- Understand the range of persons and organisations engaged in legal practice and their role in the legal system and in society;
- Apply core legal skills in a practical context;
- Apply legal knowledge in a practical context;
- Develop their knowledge and skills through practical experience;
- Reflect upon practical experience in order to broaden and deepen their understanding of the law;
- Understand fundamental principles of legal ethics;
- Recognise and respond to ethical issues arising in legal practice;
- Work effectively in a professional setting and develop skills useful in a wide range of professional settings.
Teaching: |
1-2 hours of lectures per week and placement 1 day per week. |
Assessment: |
Student presentation, Reflective Journal and Case Study - 100% |
Lecturers: |
Dr. David Fennelly |
| Restrictions: | This module is available to Senior Sophister Law students only. Places are limited to 20 students. This module is not available to visiting students |
Collective Labour Law (LA3429) 10 ECTS
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 and additional seminars in the 2nd Semester. |
Assessment: |
Essay (3,000 words) – 20% and Examination – 80% (1 x 2 hour paper). |
Lecturers: |
Professor Gerry Whyte |
| Restrictions: | Students taking this module may not take Advanced Evidence (LA3473) |
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. |
|
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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Lecturer: |
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: |
Examination (1 x 2 hour paper) |
Lecturers: |
Professor Blanaid Clarke and Dr. Deirdre Ahern |
| Prerequisite: | BESS students must have taken LA1240 and LA2012 |
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;
- 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: |
Dr. David Kenny |
| Restrictions: | Students may not take Medical Law and Ethics with this module. |
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 NOT ON OFFER IN 2013-14
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: |
Dr. David Kenny and Dr. Alan Brady |
| Restrictions: | Places are restricted to 20 per year. This module is not available to visiting students. |
Current Issues in Constitutional Law: (LA3477) (5 ECTS)
Current Issues in Constitutional Law is a skills based course, designed to promote critical engagement by Sophister students with constitutional issues through close reading of major cases. Such cases, and complementary academic materials, will serve as a vehicle for exploring themes that run through constitutional law. The aim of this course is to deepen students’ knowledge and legal skills in constitutional law.
This course will adopt the reading group format, which focuses on collective text analysis and student-led discussion of principles, themes, and impacts of major constitutional decisions. Students are assigned advanced reading, including cases and academic commentaries, with one or two students chosen to deliver a springboard presentation each week, which will catalyse a class discussion on the issues raised by the assigned readings. The lecturers will act as facilitators, contributing opinions and posing questions to tease out additional issues and deeper analysis, but will eschew the ordinary lecture format. Essential to this format is a small group of students. As a result, student numbers will be capped at c. 20 students.
The key materials for the course will be prescribed decisions of the Irish Superior Courts, as well as academic materials on Irish and comparative constitutional law. The course will concentrate on topical issues, incorporating major developments in constitutional law on an on-going basis.
The focus of the course will be on thorough individual reading of major cases and group discussion and analysis, through which the class can collectively explore major themes in constitutional law. The course will enhance students’ research abilities, their critical analysis of legal materials, their legal writing, and their communication skills. It will challenge them to think about constitutional law at both the detailed micro level of discrete problems and the broader macro level of cross-cutting thematic issues.
Learning Outcomes:
Upon successful completion of this module, students should be able to:
- Critically and contextually analyse in detail leading cases in Irish constitutional law;
- Competently distil differing judicial positions in contentious judgments, and identify the broader context of those positions;
- Present complex constitutional law issues, and judicial reasoning relating to those issues, in a clear and compelling manner;
- Coordinate effectively with classmates in preparing presentations;
- Discuss current constitutional law issues in their political and social context;
- Critically analyse contextual issues in constitutional law on a thematic basis, tracking trends and developments over time;
- Make independent and original contributions to constitutional law discourse;
- Develop an awareness of the political and broader practical implications of constitutional litigation;
- Understand the role of the constitutional litigant and litigator in legal practice.
Week-to-week, the course will be focused on particular themes. The following are illustrative of the sort of themes that will be discussed, but these may be adapted to reflect the latest developments and trends in the area, in particular new Superior Court decisions.
- Social Policy and Rights; Distributive Justice
- Group Rights
- Enforcement of Rights, Remedies, Constitutional Lacunae
- The Relationship Between Administrative Government and the Courts
- Role of Interest Groups/ Oversight of Legislative Objectives
- Trends in Court Jurisprudence - eras of the Court and shifting attitudes
- New Issues in the Interpretation of Fundamental Rights
- Constitutional Reform
The following are examples of how these themes will be explored.
Social Policy, Resources, and the Courts – The Distributive/Commutative Justice Distinction
This session will critically assess the distinction between the roles of judges in the context of distributive and commutative justice drawn by the Irish courts in decisions such as O’Reilly v Limerick Corporation and Sinnott v Minister for Education. It will do so by exploring a reverse version of the usual question (namely when the courts will require redistribution of resources to vindicate fundamental rights) asking instead when, if ever, courts will intervene to prevent legislatively mandated redistribution of resources. To that end, the session will focus on the decision of the Irish Supreme Court in Re Article 26 and the Employment Equality Bill 1998. We will consider what, if anything, that decision tells us about the judiciary’s self-perception of its role in reviewing social policy that has resource implications, and what that in turn might tell us about the consistency of the courts’ approach to socio-economic rights claims. These issues are particularly acute in the current political context, given the controversies surrounding austerity and social justice.
The Relationship Between Administrative Governance and the Courts
Increasingly, individual rights are affected by administrative decision-making as much, if not more than, legislative decision-making. Much of the substance of rights-definition and rights-enforcement takes place not in the Superior Courts, but rather in the often unnoticed and underexplored administrative sphere. Consequently, the relationship between the courts and administrative bodies, and the level of control that the courts exert over administrative decision-making, has significant implications for the level of protection of individual rights in modern society. This session will explore the current state of play in that relationship in the Irish context, using as its starting point the decision of the Supreme Court in Meadows v Minister for Justice. It will look at whether or not Irish Constitutional and Administrative law has unduly prioritised process protections, and abdicated any responsibility for the defence of substantive entitlements.
The Role of Interest Groups, Economic Crisis, and Legislative Freedom
This session considers two related themes in the context of the Supreme Court decision in Re Article 26 and the Health (Amendment) (No 2) Bill 2004: first, the role and position of minority interest groups in the legislative process, and in judicial review; and second, the influence, if any, that economic circumstances and implications should have on constitutional adjudication. Judges have potentially two roles in relation to the role of interest groups in politics, and in constitutional litigation: first; through their decisions they can advertently or inadvertently affect the relative power of interest groups and second; they themselves may bring to the judicial process interests that colour their decision-making. They do so against the backdrop of evolving adverse economic conditions, which bring with them increased interest group activism and heightened complexity in judicial review of legislation with financial implications for interest groups. This session will consider these themes in the context of the legal manifestation of various aspects of Ireland’s austerity programme.
Constitutional Reform
Constitutional reform is a live issue in Irish society, and raises a variety of questions for constitutional law. The role of constitutional lawyers in political constitutional reforms is contested and difficult, in particular in drawing the line between expertise-based contributions and political contributions to reform discourse. The practical mechanisms for constitutional reform are also a topic of contemporary debate, with the introduction of popular structures such as The Constitutional Convention; increasingly high profile Oireachtas committee hearings on constitutional issues; and debates around the merits of popular initiative for constitutional amendments. In addition, there appears to be renewed judicial willingness to engage in oversight of the referendum process in the wake of the McCrystal case, which raises questions concerning the proper scope of judicial intervention in democratic decision-making.
Teaching: |
1-2 hours of lectures per week in the 1st Semester. |
Assessment: |
Examination - 100% (1 x 2 hour paper) |
Lecturers: |
Dr. Rachael Walsh and Dr. David Kenny |
| Prerequisites: | None, students are advised that completing Constitutional Law II would be an advantage. |
| Restrictions: | Places are restricted to 20 per year. This module is not available to visiting students. |
Current Issues in the Legal Profession: (LA4010) (5 ECTS)
This course, which forms part of the Clinical Legal Education Programme, seeks to develop students’ understanding of critical issues facing the legal profession in Ireland today. The Irish legal profession is currently undergoing an important process of transition if not transformation. Yet, despite its importance for future law graduates and legal professionals, this process largely escapes scrutiny in the course of students’ academic and professional training.
The course will begin by examining the role of the legal profession in society and the economy and, in particular, will analyse the effect of globalisation and the current economic crisis on the legal profession in Ireland. It will then examine some of the following issues in detail: regulation of the legal profession; reform of professional structures; current issues in professional ethics; costs and access to justice; delay, court structures and the administration of justice; public procurement of legal services; the role of ADR; the effects of technology on the legal profession; the role of women in the legal profession. Expert guests speakers may be invited to contribute to the discussion where appropriate.
This course will allow students to develop an in-depth knowledge and understanding of the Irish legal profession and will thereby contribute to students’ academic and professional formation. Having taken the course, students will be more informed and articulate about issues facing the legal profession as they approach graduation.
Learning Outcomes
Having successfully completed this module, students should be able to:
- Understand the role and structure of the legal profession in society and the economy, in Ireland and internationally;
- Critically analyse current issues affecting the legal profession in Ireland and internationally;
- Discuss and debate topical issues facing the Irish legal profession and the Irish legal system;
- Understand the diverse perspectives of legal professionals, legislators, litigants and other actors in the legal system on these topical issues;
- Conduct effective research on the legal profession, including from a comparative, policy and/or interdisciplinary perspective where appropriate;
- Apply their knowledge and understanding to these issues as they arise in legal practice;
- Contribute to discussion and debates on the future of the legal profession.
Teaching: |
1-2 hours of lectures per week in the 2nd Semester. |
Assessment: |
Coursework (100%) |
Lecturers: |
Dr. David Fennelly |
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.
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 per week and additional seminars |
Assessment: |
TBC |
Lecturers: |
Mr. Alex Schuster and Dr. Fran O'Toole (Economics) |
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:
Having successfully completed this module, students should be able to:
- 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 2 |
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Assessment: |
Examination - 100% TBC (1 x 2 hour paper) |
Lecturer: |
Dr. Rachael Walsh |
Restrictions: |
Students may not take this module and International Human Rights (LA3428) |
Environmental Law: (LA3453) 10 ECTS NOT ON OFFER IN 2013-14
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 |
| Restrictions: | Students may not take this module and Child Law (LA3442) and Tax Law (LA3468) |
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 |
| Restrictions: | Students may not take this module and Administrative Law (LA1233) or Advanced EU Law (LA3444) |
Food Law: (LA3437) 10 ECTS NOT ON OFFER IN 2013-14
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: (LA3428) 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 the 2nd Semester |
Assessment: |
Examination - 100% (1 x 2 hour paper) |
Lecturer: |
Dr. Rosemary Byrne |
| Restrictions: | Students may not take this module and English Land Law (LA3471) |
International Trade Law: (LA3462) 5 ECTS NOT ON OFFER IN 2013-14
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 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 the 1st Semester. |
Assessment: |
Webcourse participation - 5%, Essay - 20% and Examination 75% (1 x 2 hour paper) |
Lecturer: |
Dr. Oran Doyle |
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: |
Dr. Oran Doyle and Dr. 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) 10 ECTS NOT ON OFFER IN 2013-14
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 |
Medical Law and Ethics: (LA3479) 10 ECTS
Medical Law and Ethics will give students the opportunity to tackle contemporary legal issues in medicine and healthcare. The module will deal both with the black-letter law that governs medical practice and with the broader philosophical, ethical and social questions that are raised by medical advances. Students will be guided through the range of legal and quasi-legal instruments that regulate medical practice, including the Constitution, Tort Law, and professional guidelines, and encouraged to consider the advantages and disadvantages of these regulatory tools.
As well as providing students with a thorough grasp of Irish Law, the module will be substantially comparative in nature. Comparative legal study will be especially valuable on topics that are unregulated, or under-regulated by Irish Law. This module aims both to prepare students for practice in the field of medical law, and to encourage critical thinking and exploration of the theoretical challenges presented by the subject.
Learning Outcomes
Upon successful completion of this module, students should be able to:
- Accurately describe and apply law to novel situations that arise in medical practice.
- Explain medical technologies and procedures to a non-specialist audience.
- Debate ethical and philosophical issues that arise in healthcare in a thorough but sensitive manner, while responding to questions and comments.
- Identify the principles, values and rights at play in medical practice.
- Situate Irish law in the international context and draw relevant comparisons between schemes of regulation in different jurisdictions.
- Research and write on complex medico-legal topics.
Topics Covered:
The following topics will be among those covered in the module. The number of topics will be increased or decreased depending on whether a 5 or 10-credit format is chosen.
- The Relationship between Law, Ethics and Medicine.
- Medical Negligence
- Informed Consent to Treatment
- Principles of Ethical Clinical Research
- End-of-Life Decision Making
- The Rationing of Scarce Resources in Public Healthcare Provision
- Abortion and Maternal-Foetal Conflict
- Assisted Reproduction
Sample Reading Materials
Jackson, Medical Law: Text, Cases and Materials (2nd ed, OUP 2010)
Madden, Medicine, Ethics and the Law (2nd ed., Bloomsbury, 2011)
Craven and Binchy, Medical Negligence Litigation: Emerging Issues (First Law, 2008)
Kuhse and Singer eds., Bioethics – An Anthology (2nd ed. Blackwell, 2006)
Ronald Dworkin, Life’s Dominion, (Harper Collins, 1993)
J. Harris “The Right to Die Lives: There is no Personhood Paradox” [2005]
Medical Law Review 386
Thomson, J.J. ‘A Defense of Abortion’ Philosophy and Public Affairs (1971) 1
I. Glenn Cohen, “The Right Not to be a Genetic Parent?” (2007–2008) 81
11 Southern California Law Review 1115
John Robertson, Children of Choice, (1994, Princeton University Press)
Teaching: |
3 hours of lectures per week in the 2nd Semester. Students will be required to read certain materials ahead of class. To this end, the reading list will be divided into required reading and further reading. Students will be expected to analyse the topics in class, and to participate in class discussions. As well as using traditional legal materials the course will draw on relevant work from the fields of science, philosophy, sociology and politics.
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Assessment: |
Examination (1 x 2 hours) – 80%, Essay (5,000 words) - 20% |
Lecturer: |
Ms Andrea Mulligan BL |
| Restrictions: | Students taking this module may not take Conflict of Laws (LA3448) |
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 (4,000) – 25% and Examination – 75% (1 x 2 hour paper) |
Lecturer: |
Professor Gerry Whyte |
| Restrictions: | Students taking this module may not take Sports Law (LA3467) |
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 1st Semester |
Assessment: |
Examination - 100% (1 x 2 hour paper) |
Lecturer: |
Dr. Rosemary Byrne |
Refugee Law (LA3466) 10 ECTS NOT ON OFFER IN 2013-14
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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| Restrictions: | Students taking this module may not take Public Interest Law (LA3435) |
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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 |
| Restrictions: | Students taking this module may not take Child Law (LA3442) and European Human Rights Law (LA3436) |
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: |
TBC |
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.