Modules
Sophister Book of Modules 2020-21 for SF and JS students choosing modules for JS and SS Years (Academic Year 2020-21).
Note: The module descriptions below refer to modules offered in 2019-20 academic year. For details of 2020-21 modules please refer to the "Book of Modules for 2020-21 Academic Year".
Freshman Modules
Foundations of Law I (LAU11511) 5 ECTS
All JF students
This module introduces junior freshman students to the key features of the Irish legal system and to aspects of legal skills. The module considers various aspects of the legal system including the sources of law, the Irish court system and the principles of stare decisis (rules of precedent) within the common law. It also seeks to locate the Irish legal system more broadly within the system of legal families. Finally, it seeks to consider some of the overarching values of the Irish legal system, with specific reference to the role of international human rights in this regard. Overall, it aims to attune students to the political, social and economic context of the Irish legal system, and to that end, particular emphasis is placed on current developments that may affect its operation.
The module also seeks to equip students with the basic skills required for the study of law. It introduces students to legal research and reasoning and provides practical training in essay writing and legal problem solving.
The module provides students with an opportunity for structured reflection on learning. It aims to orient students to third level education by heightening awareness of approaches to learning and fostering effective strategies for the study of law.
Learning Outcomes:
By the end of this module, students should be able to:
- Identify and critically analyse the various sources of law in the Irish system and the relationship between them, and in particular the role of the superior courts in the creation of binding precedent
- Engage in effective legal research both in the Library and online;
- Demonstrate the effective use of practical techniques for solving legal problems;
- Apply basic legal writing skills when completing assignments;
- Critically evaluate access to justice within the Irish legal system.
Teaching: |
2 hours of lectures and 1 hour of seminars per week (except in week 1) in the first six weeks of the 1st Semester. |
Assessment: |
1,500 word critical analysis essay – 80% |
Lecturer: |
Prof Neville Cox |
Available |
JF students only |
Foundations of Law II (LAU11561) 5 ECTS
This module builds on Foundations of Law I and continues to introduce junior fresh students to further key features of the Irish and European legal system and to aspects of legal skills. The module considers first the rules and principles governing statutory interpretation before going on to provide an overview of public international law (incl. Council of Europe) and the impact this has on the Irish legal system. Due to its considerable impact on Irish law, a significant portion of the module is devoted to acquiring a basic understanding of the law of the European Union. Topics covered include the composition and roles of the EU institutions, fundamental legal doctrines such as primacy, direct and indirect effect and State liability as well as the judicial oversight and enforcement of EU law.
Learning Outcomes:
By the end of this module, students should be able to:
- Identify and critically analyse sources of law in the Irish system and the relationship between them;
- Apply appropriate techniques of statutory interpretation;
- Demonstrate an understanding of international and European law as well as the impact of these legal orders on the Irish legal system;
- Apply basic principles and doctrines of European law in light of practical problems;
- Show an appreciation for the judicial procedures foreseen in EU law;
- Demonstrate the effective use of practical techniques for solving legal problems;
- Apply basic legal writing skills when completing assignments;
- Engage in effective legal research both in the Library and online.
Teaching: |
2 hours of lectures per week and 1 hour of seminars per week (except in week 1) in the 2nd semester. |
Assessment: |
Assessed Coursework (2,000 word EU law problem question) – 100% |
Lecturer: |
Mr Killian O'Brien |
Available |
JF students only |
Torts: (LAU11531) 10 ECTS
JF Law, Law and Business, Law and Political Science, JF and SF Law and French and Law and German
This is a standard course designed to provide Freshman students with an introduction to the law of torts. Topics covered include the major torts such as negligence, defamation and nuisance, but also issues such as defences, limitation periods and the interaction between the law of torts and the Constitution.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Identify and analyse the key principles underlying the law of tort;
- Use appropriate legal concepts, relevant judicial precedents and statutory law to solve concrete practical problems;
- Explain how tort law seeks to give effect to social policies as well as address issues of personal responsibility;
- Differentiate between liability for intentional wrongs, negligence and strict liability;
- Discuss the principles of compensation and their practical application in specific contexts.
Teaching |
3 hours of lectures per week and 4 hours of seminars in the 1st Semester. |
Assessment: |
Examination (1 x 2 hour paper) - 75%, Essay - (3,000 words) - 25% |
Lecturer: |
Dr Desmond Ryan |
| Erasmus/ Visiting Students: |
Places are limited. Priority will be given to students studying law in their home university and are attending Trinity on a law exchange programme. Auditing this module is only possible subject to availability of spaces. |
Contract Law: (LAU11542) 10 ECTS
All JF students
Contract is one of the core subjects of the common law of obligations. It involves analysis of the legal principles behind the rules relating to the formulation of contracts and the circumstances in which they will not come into existence or in which they cease to be effective.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Engage in sophisticated, creative and critical discussion of common law concepts, both orally and in writing,
- Analyse and apply the substantive principles of the law of contract,
- Appreciate and explain the role of the law of contract in society,
- Identify contractual issues in disputes, and advise accordingly, and
- Interpret and draft key contractual provisions
Teaching: |
3 hours of lectures per week and 4 hours of seminars in the 2nd Semester. |
Assessment: |
Coursework - 25%, Examination - 75% |
Lecturer: |
Dr. Blanaid Clarke/Dr. Eoin O’Dell |
Erasmus/Visiting Students: |
Places are limited. Priority will be given to students studying law in their home university and are attending Trinity on a law exchange programme. |
Constitutional Law I: (LAU12501) 10 ECTS
JF Law, SF Law and Business, SF Law and Political Science.
Constitutional law I introduces students to the study of constitutional law and theory, addressing a number of key doctrines and significant points of debate. The first part of the module addresses a number of constitutional rights, including rights relating to the criminal trial, property and unenumerated rights. The second part of the module addresses the separation of powers under the Irish Constitution, focusing on the limits of and interaction between the legislative, judicial and executive powers of government. The third part of the module addresses the overarching issues of constitutional litigation and constitutional interpretation.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Map the basic structure of government in Ireland;
- Identify, evaluate and critique the role of constitutional law in ensuring respect for human rights and democratic governance;
- Apply constitutional law concepts and doctrines for the purpose of solving concrete practical problems;
- Identify the role which judicial interpretation plays in the development of constitutional law;
- Critically analyse the case law interpreting Articles 38, 40 and 43 of the Constitution, articulating a coherent position on the ways in which constitutional law should develop in the future;
- Apply critical analysis and problem-solving skills and techniques to different essay and problem-based questions on the implications of the above constitutional provisions;
- Write convincingly on basic issues in the development of Irish constitutional law, grounding analysis in the constitutional text and decided case.
Teaching: |
3 hours of lectures per week and 4 hours of seminars in the 1st Semester. |
Assessment: |
Written Assignment - 20%, Discussion Board - 5% Examination - 75% (1 x 2 hour paper) |
Lecturer: |
Dr David Kenny |
Erasmus/Visiting Students: |
Places are limited. Priority will be given to students studying law in their home university and are attending Trinity on a law exchange programme. Auditing this module is only possible subject to availability of spaces. |
Criminal Law: (LAU12552) 10 ECTS
JF Law, SF Law and Business, SF Law and Politics
The focus of this module is on substantive criminal law: defining crimes, basic concepts in criminal law, the general principles of criminal liability, different defences and types of criminal offence. By the end of the module students should be familiar with the basic principles underlying the Irish system of criminal law and with the basic aspects of the criminal court process. Students are encouraged to think critically and analytically about the rules, judgments and legislation that are studied over the course of the module.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Identify and critically analyse the basic principles of criminal liability and substantive criminal law;
- Appraise and evaluate general rules relating to individual governing criminal defences;
- Appraise and evaluate specific principles relating to particular categories of offences;
- Appraise and evaluate rules and principles regulating different modes of criminal liability;
- Apply critical analysis and problem-solving skills and techniques substantive criminal law knowledge to different essay and problem-based criminal law questions
Teaching: |
3 hours of lectures per week and 4 seminars in the 2nd Semester. |
Assessment: |
Essay (1,500 words) – 25%; Examination – 75% |
Lecturer: |
Prof Ivana Bacik |
Erasmus/Visiting Students: |
Places are limited. Priority will be given to students studying law in their home university and are attending Trinity on a law exchange programme. Auditing this module is only possible subject to availability of spaces. |
Jurisprudence: (LAU10522) 5 ECTS
JF Law
This is a standard course designed to provide Freshman students (single honors) with an introduction to jurisprudence and the philosophy of law. In this course, we will explore the nature and purpose of law, examining in particular how it relates to morality and politics. In particular, we will examine some of the foundational principles which underpin legal systems in the western world, including justice, rights, democracy, the rule of law, and the separation of powers.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Identify the nature, purpose and limits of law;
- Identify and analyse the key principles underlying democratic legal systems;
- Articulate the multiple relationships between law and morality;
- Analyse the tensions between democracy and rights;
- Discuss the way in which the separation of powers permeates modern legal systems;
- Engage in theoretical analysis and argumentation.
Teaching: |
2 hours of lectures per week and 4 hours of seminars in the 1st Semester. |
Assessment: |
Examination (1 x 2 hour paper) |
Lecturers: |
Prof Aileen Kavanagh |
Legislation and Regulation: (LAU11571) 5 ECTS
JF Law
This module complements Foundations of Law II and Jurisprudence, and focuses on policy-making and scrutiny of statutory regulation. Students will be guided to reason their way into what statutory regulation is, the need for it, and its limits. To this end, the module introduces a 5P framework of approaching regulatory concerns: philosophy, pragmatism, politics, participation and presentation. It then proceeds to the law-making process, utilising a couple of key debates and concepts to introduce legislative oversight of government, and judicial scrutiny of legislation and regulation.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Appreciate the interaction between self-regulation and statutory regulation
- Appreciate concerns that animate policy-making
- Get a feel of how Rule of Law is different from specific laws
- Appreciate the legislative process and how government is held accountable
- Appreciate how the judiciary shapes law through interpretation, oversight and review
Teaching: |
3 hours of lectures per week and 1 hour of seminars per week in the 2nd semester |
Assessment: |
Review of Legislation – 70% Mock Parliament/Continuous Assessment – 30% |
Lecturers: |
Dr. Surya Roy |
Administrative Law: (LAU23801/LAU34001) 10 ECTS
SF Law, SS Law and French, SS Law and German, JS/SS Law and Business, JS/SS Law and Political Science
This module examines public administration and the role of judicial review of administrative action. The module addresses the position of the administration in separation of powers. The bulk of the module is concerned with the control of administrative action through judicial review. It will consider in depth the reach of judicial review and in particular, the main grounds of judicial review. The module will also address judicial review procedures and remedies. Throughout this module, comparisons will be made between the English and Irish case law.
Learning Outcomes
Administrative law in Ireland is primarily judge-made. It is a public law subject and is often concerned with issues that are politically contentious and raise separation of powers concerns. Students will need to develop the ability to navigate the complex tapestry of public law principles that have developed in Irish administrative law jurisprudence.
Having successfully completed this module, students should be able to:
- Describe and assess the rationale for judicial supervision of administrative action.
- Discuss the substantive case law in a manner that incorporates the principles and theory of administrative law.
- Classify and compare the grounds for judicial review.
- Synthesise and evaluate case law on each of the main grounds of review.
- Apply the relevant principles and predict legal outcomes in factual situations
Teaching: |
3 hours of lectures per week and 4 hours of seminars in the 1st Semester. |
Assessment: |
Essay (3,000 words) - 50%; Examination (1 x 1 hour paper) - 50% |
Lecturer: |
Prof Hilary Biehler, Dr Sarah Arduin, Prof Aileen Kavanagh |
Erasmus/Visiting Students |
Places are limited. Priority will be given to students studying law in their home university and are attending Trinity on a law exchange programme. Auditing this module is only possible subject to availability of spaces. |
Constitutional Law II: (LAU23451) 10 ECTS
SF Law, SS Law and French, SS Law and German, JS/SS Law and Business, JS/SS Law and Political Science
This module examines the following aspects of constitutional law - the guarantees relating to the family and education; freedom of religion; freedom of expression; freedom of association; freedom of assembly; the guarantee of personal rights; the guarantee of equality; the guarantee of personal liberty; inviolability of the dwelling.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Critically analyse the case law interpreting Articles 40 to 45 of the Constitution, articulating a coherent position on the ways in which constitutional law should develop in the future;
- Assess the role of the courts in the protection of constitutional rights;
- Discuss the philosophical influences on the fundamental rights provisions of the Constitution;
- Apply critical analysis and problem-solving skills and techniques to different essay and problem-based questions on the implications of the above constitutional provisions.
Teaching: |
3 hours of lectures per week and 4 hours of seminars in the 1st Semester. |
Assessment: |
Essay (2,000 words) – 20% and Examination (1 x 1 hour paper) – 80% |
Lecturer: |
Prof Gerry Whyte |
Available |
JF, SF Law, SS Law and French, SS Law and German, JS/SS Law and Business, JS/SS Law and Political Science. |
Equity: (LAU22522) 10 ECTS
Equity may be described as that body of rules and principles which was developed by the Court of Chancery in order to mitigate the rigours of the common law. This module examines general principles of equity, the law relating to private and public or charitable trusts and the administration of trusts, focusing on the powers and duties of trustees. It also covers some aspects of equitable remedies such as injunctions and examines the principles relating to proprietary estoppel.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Evaluate the relationship between law and equity;
- Identify the contribution made by equity and the law of trusts to legal relationships and commercial situations;
- Discuss and debate different perspectives on various aspects of the law relating to trusts of a private and public nature;
- Use appropriate legal concepts, case law and statute law to analyse and solve legal problems relating to the use of equitable remedies.
Teaching: |
3 hours of lectures per week and 4 hours of seminars in the 2nd Semester. |
Assessment: |
Examination - 100% |
Lecturers: |
Prof Hilary Biehler |
| Erasmus/Visiting Students: | Places are limited. Priority will be given to students studying law in their home university and are attending Trinity on a law exchange programme. Auditing this module is only possible subject to availability of spaces. |
Land Law: (LAU22511) 10 ECTS
This module introduces the student to the considerable body of common law, equitable principles and legislation which governs the various ways in which land may be acquired, held and alienated. It commences with an analysis of the public law protections for rights in land in the Irish legal system, through the Constitution and the European Convention on Human Rights. It engages in critical reflection on the theoretical rationales for private ownership that underpin and affect land law, and on other perspectives from economics and politics that influence the shape of land law. It considers the evolution of land law through both common law and statute, an understanding of which is fundamental to an appreciation of the complex system in operation in Ireland today. A key focus throughout is the changes wrought to Irish land law by the Land and Conveyancing Law Reform Act 2009. The substantive areas dealt with include the nature of the freehold and leasehold estates in land, co-ownership, the use of land as security, and rights over land (easements and covenants).
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Critically reflect on the tensions that underpin and affect land law from theoretical and policy perspectives;
- Engage with the interaction between public and private law rules and standards in the context of land;
- Identify and analyse the evolution of land law and the complexities of the system in Ireland;
- Outline the body of common law, equitable principles and legislation governing the ways in which land may be acquired, held and alienated;
- Analyse and apply substantive areas in land law.
Teaching: |
3 hours of lectures per week and 4 seminars in the 1st Semester. |
Assessment: |
Examination (1 hour paper) – 50%, Essay – 50% |
Lecturers: |
Dr. Rachael Walsh |
Available |
SF Law, SF Law and German, SF Law and French, SF Law and Business, SF Law and Political Science. |
Private Law Remedies: (LAU22532) 10 ECTS
Students will already have encountered private law obligations in the Tort (JF), Contract (JF), and Equity (SF) courses. A conceptual understanding of the remedies available to a plaintiff in civil proceedings at Common Law and in Equity to vindicate those obligations is the capstone of private law analysis. This course analyses the remedial goals (such as compensation for loss, punishment for wrongdoing, or restitution of unjust enrichment) underpinning various personal and proprietary remedies available for private law claims arising from tort, breach of contract, unjust enrichment, equitable wrongs, and so on. The substantive issues (such as causation, remotes, damages, proprietary remedies, and so on) will be considered in their own terms, and compared and contrasted across various subject-areas (such as Contract, Tort, Unjust Enrichment, Equity, and so on).
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Evaluate remedial strategies from a range of theoretical and comparative perspectives;
- Analyse private law claims at law and in equity to determine the appropriate remedy or remedies
- Advise and advocate accordingly, and
- Undertake and complete self-directed research, work well in teams, and make confident oral presentations.
Teaching: |
3 hours of lectures per week and 4 hours of seminars in the 2nd Semester. |
Assessment: |
Assignment (2,000 words) 33%, Moot (3,000 words) 33%, Joint dissenting judgment (5,000 words) 33% |
Lecturers: |
Dr. Eoin O'Dell and Dr. Sarah Hamill |
Mooting Programme (LAU TBC)
This programme gives students the opportunity to develop the written and oral advocacy skills which are a central component of any lawyer's training. Students prepare mock cases for appeal before the Supreme Court, arguing on behalf of their clients. Following a series of introductory classes, students undertake one moot on Private Law Remedies in the second term.
EU Law: (LAU23462) 10 ECTS
The aim of this course is to provide an introduction to the law and institutions of the European Union, in particular to examine their origins and development. The first part of the course concentrates on constitutional issues, including the workings of the institutions and legal system. The second part of the course examines selected aspects of substantive law, including free movement of goods and persons.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Identify the general principles of European Union Law;
- Differentiate between the Institutions of the European Union and evaluate their role in the formulation and application of EU Law;
- Explain the relationship between European Union Law and the national law of the EU Member States;
- Discuss and appraise key aspects of European Union substantive law.
Teaching: |
3 hours of lectures per week and 4 seminars in the 2nd Semester. |
Assessment: |
Examination - 100% |
Lecturers: |
Dr. Caoimhin MacMaolain / Prof Mark Bell |
Erasmus/Visiting Students |
Places are limited. Priority will be given to students studying law in their home university and are attending Trinity on a law exchange programme. Auditing this module is only possible subject to availability of spaces. |
| Restrictions: | Students taking this module may not take Legal Philosophy (LA3441) and Tax Law (LA3468) |
Sophister Modules
Advanced European Union Law: (LAU44102) 10 ECTS
This module is an advanced undergraduate study of EU law. It is somewhat different to the standard class format so please read this carefully. The class is focussed almost exclusively on primary texts, principally Treaties, Regulations and Directives, and European Commission Notices. There is less emphasis on case law than in many courses students may have taken, and almost none on secondary academic literature. The point is to cover primary texts in some depth, text by text, to learn how to work with primary materials, to see in operation fundamental structures of EU law, and EU – Member State institutional interaction, and how it all meshes together. It is part training in being an EU lawyer. Substantively, the main areas are competition law (not mergers) and to a lesser extent other topics such as Federalism. Students who study competition law and policy find the approach and learning focus completely different. Reference is made to Irish law only in part, and that part because some EU law can only be explained by reference to implementation. In conjunction, certain techniques for studying and analysing texts are taught. Students bring prescribed primary materials (freely available) to class and make notes on them. Advance reading is required. There are no lecture notes in the sense of the transfer of information. The information is in the primary materials. Students aim for understanding and organisation. Almost all material is posted on Blackboard. Regular (not absolute) class attendance and advance reading is required and a roll call may be made. Certain short research and writing exercises may also be assigned throughout the semester, to assist student learning. These are not corrected. It is not possible to cram successfully for this course at the end of the semester without having done the reading in advance of class and attended regularly. In broad approximation, students who take this course (a) report a somewhat higher work load and difficulty during the semester, and (b) achieve somewhat higher results, than in other classes on average.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Describe and summarize the most important primary materials on EU Competition Law (excluding mergers), and to a lesser extent State Aid or any other substantive topic considered;
- Analyze, breakdown, and interpret those primary materials.
- Create independent authoritative argument and exposition on the basis of those materials.
- Conduct effective and targeted research in EU primary materials.
- Learn complimentary learning techniques;
- Orient oneself through EU materials;
- Grasp how the structures, principles, institutions, and substantive law mesh together;
- Gain confidence in lawyering in EU materials.
Teaching: |
3 hours of lectures per week and additional seminars in the 2nd Semester. |
Assessment: |
Examination (1 x 2 hour paper) - 100% |
Lecturers: |
Dr Diarmuid Rossa Phelan SC |
| Restrictions: | Students taking this module must have studied EU Law |
Clinical Legal Education (LAU44012) 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 not-for-profit, private and public sectors. Under the supervision of experienced professionals, students will gain first-hand experience of legal practice, observing, assisting and 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 lawyering class which will focus on developing students’ professional legal skills, fostering an understanding of legal ethics and more broadly developing students’ understanding of the role of the lawyer in society. 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: |
Placements will run for four weeks in May. There will be an introductory session prior to the commencement of placements as well as classes running alongside the placement. |
Assessment: |
Attendance on placement and at lawyering class; Student presentation, Reflective Journal and Assignment - 100% Pass/Fail |
Lecturers:Co-ordinator: |
Dr. David Fennelly |
| Restrictions: | This module is only available to Senior Sophister students.
Number of places available will be restricted to 20-30 only (exact number TBC).
Admission is also subject to confirmation of placement |
Collective Labour Law (LAU44022) 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 in the 1st Semester. |
Assessment: |
Case Note (1,000 words) 25%, Essay (4,000 words) 75% |
Lecturers: |
Prof Gerry Whyte |
Commercial Law: (LAU34091) 10 ECTS
The objective of this module 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 module 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 and the banker-customer relationship. A particular emphasis is on 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;
- Map the relationship between law and society in a commercial context, including the role of law in promoting and responding to social change.
Teaching: |
3 hours of lectures per week and additional seminars in the 2nd Semester |
Assessment: |
Blogpost (1,000 words) 25%, Essay (3,000 words) 75%. |
Lecturers: |
Dr Deirdre Ahern |
| Restrictions / Prerequisite: | BESS students must have taken LA1240 and LA2012 |
Company Law: (LAU34022) 10 ECTS
This module 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.
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: |
Essay (3,000 words) - 25%, Examination (1 x 2 hour paper) - 75% |
Lecturers: |
Professor Blanaid Clarke and Dr. Deirdre Ahern |
Erasmus/Visiting Students: |
|
| Restrictions/Prerequisite | BESS students must have taken LA1240 and LA2012 |
Corporate Governance: (LA3469) 5 ECTS
NOT ON OFFER IN 2019/20
The objective of this module is to develop an understanding of the development of corporate governance and its importance to companies and their stakeholders. = 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 and the corporate governance failings in credit institutions revealed in the wake of financial crises.
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 in the first Semester. |
Assessment: |
Coursework 100% |
Lecturers: |
Dr Ailbhe O’Neill |
Conflicts of Laws: (LA3448) 10 ECTS
This module will not be offered in 2019/20
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 at national and international levels.
Teaching: |
3 hours of lectures per week in the 1st Semester. |
Assessment: |
Examination - 100% (1 x 2 hour paper) |
Lecturers: |
Dr David Kenny |
Criminology: (LAU34041) 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: |
Prof Ivana Bacik |
Lecturers: |
Essay (6,000 words) - 80% Coursework/test – 20% |
Critical Perspectives on Law: (LAU44120) 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.
Attendance at the weekly class is mandatory. 0.5% of the overall final grade will be deducted for any week missed (after the introductory week) without sufficient excuse being provided to the lecturers.
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: |
2 hours of lectures per week in the 1st Semester. |
Assessment: |
Response paper 1 (1,500 words) – 45% Response paper 2 (1,500 words) – 45% Participation in online discussion forum – 5% Participation – 5% |
Lecturers: |
Dr. David Kenny and Dr. Alan Brady |
| Restrictions: | Places will be limited to 20. |
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:
Having taken 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.
Teaching: |
1-2 hours of lectures per week in the 2nd Semester. |
Assessment: |
Two papers and one presentation - equally weighted. |
Lecturers: |
Dr Rachael Walsh |
Prerequisites: |
None, students are advised that completing Constitutional Law II would be an advantage. |
| Restrictions: | Places limited to 20. Erasmus/visiting students are not permitted to take this module. |
Economic and Legal Aspects of Competition Policy: (LAU34051) 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). The course concludes with an examination of the 2004 Merger Control Regulation, and the extent to which it regulates market structure and behaviour in situations in which two or more formerly independent commercial companies/entities wish to unite.
Recommended reading: Whish & Bailey, Competition Law (9th edition, Oxford University Press, 2018) and Jones & Sufrin, EU Competition Law - Text, Cases and Materials (6th edition, Oxford University Press, 2016).
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 in the 1st Semester |
Assessment: |
Essay (5,000 words) - 35%, Examination (1 x 2 hour paper) - 65% |
Lecturers: |
Mr. Alex Schuster and Prof. Fran O'Toole (Economics) |
Employment Law: (LAU34111) 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 different fora in which employment disputes may be adjudicated upon in addition to (and including) the civil courts, including the significant changes introduced by the Workplace Relations Act 2015. 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 the liability of employers for workplace harassment, bullying and stress; the potential for vicarious liability being imposed upon employers for wrongs committed by their employees; and the legal protections introduced by the Protected Disclosures Act 2014 and the Employment (Miscellaneous Provisions) Act 2018. 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 in the 2nd Semester |
Assessment: |
Response Paper 45%, Essay (4,000 words) 50%, Reflective Journals (weekly) 5% |
Lecturers: |
Dr. Des Ryan |
English Land Law: (LAU34121) 10 ECTS
This module grounds students in the major principles of English 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 module beings with an examination of the major reforms to English land law seen in the 1920s, namely the Law of Property Act 1925 and the Land Registration Act 1925. The module discusses how these reforms changed the understanding of ownership seen in English land law and why they were introduced. The module moves on to study how subsequent legislative reforms have addressed deficiencies in the earlier statutes as well as how they reflect societal change. Emphasis is given to co-ownership and interests in the family home and how the Trusts of Land and Appointment of Trustees Act 1996 affected these interests.
The module examines the various estates which English land law recognises, including the option of holding freehold estates as commonhold. It also covers mortgages, easements, restrictive covenants, proprietary estoppel, and the doctrine of adverse possession. Where relevant the module discusses the impact of the Human Rights Act 1998 as well as the jurisprudence from the European Court of Human Rights. The module also examines the land registration system in England and the priority rules arising out of that system as well as to the different rules which apply to registered and unregistered land.
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;
- Analyse the effect of human rights on English land law;
- 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 questions on English land law.
Teaching: |
3 hours of lectures per week and additional seminars in the 2nd semester |
Assessment: |
Examination (1 x 2 hour paper). |
Lecturers: |
Dr. Sarah Hamill |
Environmental Law: (LAU34131) 10 ECTS
Environmental law expertise is traditionally considered useful if it helps a manager manoeuvre myriad rules and regulations, or if it helps an environmentalist combat industrialisation. Further, there is a concentration on either local or international or regional law. This module rejects an either-or approach, and wishes to convey that environmental law cuts across and within legal systems, fields of law, vested interests and disciplinary boundaries. At the same time, it aims to assist students with negotiating this complexity by concentrating on common principles, illustrated through case studies. Notably, the precautionary principle and the polluter-pays principle are examined. Such principles, in turn, prompt an analysis of the use of property rights in managing and dealing with environmental problems. Property rights doubles up as a useful lens in appreciating questions pertaining to land use. The module requires students to discuss and debate theoretical nuance and practical application.
Given that climate change has become a distinct and inescapable legal concern, special attention is given to the practice and theory of climate law. This includes understanding the unique nature of international climate law, existing instruments of mitigation such as the European Union Emissions Trading System and climate battles fought in courts.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Appraise the prevalence of environmental law in individual, commercial and governmental activities;
- Interrogate core concepts that inform environmental law;
- Identify relevant approaches to environmental concerns and remedies offered by other fields of public and private law such as constitutional law, human rights law, property law and tort law;
- Critically evaluate similarities and differences in environmental law within and between legal systems.
Teaching: |
3 hours of lectures per week in the 2nd Semester. |
Assessment: |
Book, Film Review, Case Note (2,000 – 2,500 words words) 30%, Group Essay 2,000 – 2,500 words (30% written + 20% oral presentation), Class Test 20% |
Lecturers: |
Dr Suryapratim Roy |
European Human Rights Law: (LAU34061) 10 ECTS
This course will focus on the regional human rights regime established by European Convention on Human Rights and Fundamental Freedoms. It will examine the evolution of regional European norms and mechanisms for the promotion and protection of human rights against a backdrop of current debates and challenges with a diverse and rapidly transforming world order. In addition to a general discussion of practice and procedure under the ECHR, case law concerning substantive rights will be analysed in-depth. 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 1st Semester. |
Assessment: |
Blog Post (1,000 words) 25%, Essay (3,000 words) 75% |
Lecturers: |
Dr Donna Lyons |
Erasmus/Visiting Students: |
|
Evidence: (LAU34011) 10 ECTS
This module is designed to provide sophister students with a foundation in the law of evidence in Ireland with particular emphasis on evidence in criminal proceedings. Topics covered include the examination of witnesses, hearsay, and evidentiary privileges. The concept of proof and the significance of evidentiary rights are among the themes explored in 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 critically analyse evidentiary rules and principles;
- Engage in effective research and writing in the law of evidence;
- Apply evidentiary rules and principles in hypothetical fact scenarios;
- Debate evidentiary law and policy and formulate proposals for reform.
Teaching: |
3 hours of lectures per week and additional seminars in the 1st Semester |
Assessment: |
Essay (3,500 words) - 50% and Examination - 50% (1 x 1 hour paper) |
Lecturers: |
Dr Liz Heffernan |
Family and Child Law: (LAU34141) 10 ECTS
This course will cover the legal status of the family and the child, the law relating to family formation (including marriage, civil partnership, cohabitants and non-marital families) and the law recognising family breakdown (including nullity, separation and divorce) as well as the law regulating family breakdown (to include preliminary/ancillary orders in separation/divorce/dissolution of civil partnership and the jurisdiction to award maintenance). We will also examine the child’s right to a family (including guardianship, custody and access as well as adoption) and the protection of vulnerable family members (including child protection, child abduction and domestic violence).
Learning Outcomes:
Having successfully completed this module, students should be able to:
- an understanding of the law relating to families and children in Ireland in the light of the Constitution, the domestic legal framework as well as international human rights law;
- a critical awareness of the policy behind family and child law in Ireland;
- a practical appreciation of the implications of family and child law in this jurisdiction.
Teaching: |
3 hours of lectures per week in the 2nd Semester. |
Assessment: |
Group project (policy report 5,000 words) 50%, Essay (5000 words) 50% |
Lecturers: |
Dr Patricia Brazil |
Financial Services Law: (LAU44132) 5 ECTS
This course will introduce students to financial services and their regulation. Since Ireland’s accession to the EU, Irish financial regulation has been heavily influenced by EU legislation. The financial and sovereign debt crisis have led to greater harmonization of financial regulation. As a result, the course will focus on European legislation and developments. The course will deal with banking and financial market supervision and regulation, such as the recent establishment of the European Banking Union. Furthermore, we will discuss the events which led to the radical overhaul of financial regulation, such as the financial crisis, the sovereign debt crisis and the Irish banking crisis. Finally, we will also analyze recent developments which will likely alter the structure of Irish and EU financial markets in the coming years, such as the plans for the creation of a Capital Markets Union.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Identify and critically evaluate the events which led to the overhaul of financial regulation;
- Develop an understanding of the functioning of modern financial markets;
- Demonstrate a sound knowledge of financial regulation;
- Appraise the impact of EU law on domestic financial regulation;
- Develop an awareness of developments in financial regulation at a European level;
- Identify the political and economic forces shaping financial services regulation.
Teaching: |
3 hours of lectures per week in the 2nd Semester. |
Assessment: |
Research Paper (5,000 words) – 80%, Presentation – 10% , Class Participation – 10% |
Lecturers: |
Dr. Alexandros Seretakis |
Food Law: (LAU44032) 10 ECTS
Food safety has become a priority for the EU lawmaker, in particular following a series of scares such as those about ‘mad cow disease’ (BSE), dioxin poisoning and genetic modification. There are ongoing concerns about the relationship between diet and health. This module examines the ways in which the law can be, and is, used to address these problems. The focus is primarily on European Union rules in this area, as it is from here that most of our food law now originates. The course will commence with a re-examination of EU rules on free movement for goods, with emphasis on the movement of food. Other topics covered by this module include organic food regulation, aspects of intellectual property rights, animal welfare, food labelling and claims and novel foods.
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 behavior; and
- Assess the impact of other disciplines on the formulation of Food Law.
Teaching: |
3 hours of lectures per week in the 1st Semester. |
Assessment: |
Case Study (1,500 words) 25%, Essay (3,000 words) 50%, Legislation Appraisal 25% |
Lecturers: |
Dr Caoimhin MacMaolain |
| Restrictions: |
IT Law (LAU TBC) 5 ECTS
In the space of two decades, information technologies such as computers and the Internet have become part of the fabric of our society. They pervade virtually every field of life and are increasingly embedded in goods and services. Not only does this disrupt the law as we know it, but the fast development of IT also challenges the ability of the law to keep pace with innovation. During the course, we will examine the complex relationship between law and information technology: can the law rule code? What other actors and factors carry legal weight in determining the answer? We will look into how information technologies work and are governed by a range of institutions and laws. The module will examine the legal ramifications of information technologies and cyberspace in the private and public spheres. For the former, we will look into, for instance, e-commerce and intermediary liability, for the latter, surveillance and access to e-evidence. We will also explore the way how digitization has shaped the nature of fundamental rights, notably the protection of personal data and privacy, as well as crime in the form of cybercrime. The module will feature high-profile cases as well as present-day topics like blockchain, legal tech, big data and artificial intelligence. In so doing, we will discuss cross-cutting themes such as business models, globalization, politics, modes of regulation, enforcement and philosophy. Legal sources will be mainly drawn from the European Union and the Council of Europe. The module will feature eleven 1.5 hour-long lectures.
Learning Outcomes:
Students successfully completing this module should be able to:
- Identify and comprehend sources of primary and secondary law of relevance to IT law;
- Understand the way how IT is interwoven with different areas of law and regulation;
- Discuss the key theoretical and practical approaches to regulation in the field;
- Critically appraise the impact of multiple factors on the relationship between law and technology;
- Construct well-sourced arguments relating to IT law and write critically about the subject.
Teaching:
1.5 hours of lectures per week in the 2nd Semester.
Assessment:
100% Essay (3000 words)
Lecturers:
Dr. Maria Grazia Porcedda
Insolvency Law (LAU44060) 5 ECTS
This module examines the regulation of corporate and personal insolvency in Ireland. As well as dealing with the legal structures that govern insolvency, this module engages with the social and political context of insolvency and its policy underpinnings. In respect of corporate insolvency topics covered include liquidation, receivership and examinership. With regard to personal insolvency, the novel regime established by the Personal Insolvency Act 2012 is addressed and critiqued in detail by reference to the stated aims and purposes the legislation when originally introduced. This module has a strong focus on building skills for practice. To that end, relevant aspects of practice and procedure are covered, and the module is assessed via a collaborative group exercise, and by a take home exam which will take the form of a legal opinion.
Learning Outcomes:
Students successfully completing this module should be able to:
- Identify and critically analyse the legal structures governing corporate and personal insolvency in Ireland;
- Describe and understand relevant aspects of practice and procedure in Insolvency Law before the Irish courts;
- Carry out independent legal research in Insolvency Law and apply that research in providing complex legal advice;
- Work collaboratively to solve legal problems in the area of Insolvency Law;
- Situate the law of insolvency in the wider social, political and policy context.
Teaching: |
1.5 hours of lectures per week in the 1st Semester. |
Assessment: |
Take Home Exam (80%), In-Class Group Problem Solving Exercise (20%) |
Lecturers: |
Dr. Andrea Mulligan |
| Restrictions: | Students must have studied Company Law |
Intellectual Property Law: (LAU44072) 10 ECTS
Intellectual property law is an increasingly important and wide bundle of rules aimed at fostering and rewarding human creativity and technological innovation and at protecting investments and goodwill in business-related activities. Intellectual property has traditionally encompassed copyright, trademarks and patents. This area of law has grown exponentially in the last decades through the extension of the scope of existing rights for the protection of new assets, works and technologies (e.g. trade secrets, Internet domain names, computer programs, biotechnologies) and the creation of new types of rights (e.g. industrial designs, database rights, access rights for digital content). The module examines the social and economic justifications for intellectual property rights, as well as their multi-layered regulation. The module draws selectively upon a selection of examples of domestic intellectual property regimes to show the impact of international and European law and decision-making on EU Member States and to critically evaluate some of the policies and goals which underlie the most relevant forms of intellectual property today. Although the idea of multi-level regulation of patent and copyright laws goes back to the end of the 19th century (when the first international conventions started harmonizing domestic laws), intellectual property rights and their enforcement have been globalised more effectively as of the establishment of the World Trade Organisation (WTO) in 1994 and the related adoption of an international agreement on Trade Related Aspects of Intellectual Property Rights (known as the ‘TRIPS’ Agreement). The module examines the most important provisions of this and other international intellectual property laws as well as the EU regulations and directives that have harmonized (or in certain cases even unified, as in the case of trademarks and designs) national legal systems such as the Irish one.
Learning Outcomes:
Students successfully completing this module should be able to:
- Appraise and evaluate the social and economic justifications for intellectual property rights;
- Identify and analyse how intellectual property rights are protected and commercially exploited, in both offline and online environments;
- Demonstrate an understanding of the implications of international conventions and the most important EU legislative measures, from both a trade-related and non-market perspective;
- Evaluate Ireland’s obligations in this field;
- Identify legal issues in complex cases and argue either side of the arguments raised by the parties involved
- Demonstrate familiarity with the research tools and the materials through which they can deepen their knowledge of specific aspects of intellectual property law.
Module learning activities
Classes will be designed to foster interactivity through a combination of lectures, discussions and analysis of relevant cases and materials. From the third week onwards, in each class a group of approximately three students (‘student panels’) will be asked to interact with the module instructor on issues arising from assigned cases and related to the topic of the day.
Teaching: |
3 hours of lectures per week in the 1st Semester. |
Assessment: |
Coursework (Presentation, class discussions, VLE engagement) - 20% Essay (5,000 words) - 80% |
Lecturers: |
Dr Giuseppe Mazziotti |
International Human Rights: (LAU44142) 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 in the 2nd Semester. |
Assessment: |
Paper/Group Presentation 40%, Exam 60% |
Lecturers: |
Dr Donna Lyons |
| Restrictions: |
International Trade Law: (LAU44050) 5 ECTS
This module examines the key rules and agreements governing the operations of the World Trade Organisation (WTO), including the Agreements on Technical Barriers to Trade, Sanitary and Phytosanitary Measures and Intellectual Property Rights. 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. |
Assessment: |
Essay (1,500 words) 50%, Case Study (1,500 words) 50% |
Lecturers: |
Dr Caoimhin MacMaolain |
Legal Philosophy (formerly Jurisprudence) LAU34071 10 ECTS
This module facilitates students in the formulation of their own, critically aware, understanding of the nature of law and its features. Students develop their ability to articulate a reasoned position on distinctive features of law and a legal system and on questions such as the relationship between law and morality, law’s legitimacy and function in a social order. Among topics that may be explored are the concept of law, the rule of law, authority, and connections between law and morality.
This module is intended to meet the requirement of the Honorable Society of Kings Inns that candidates entering the Barrister-at-Law degree programme would have studied Jurisprudence as part of their qualifying law degree.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Formulate their own, critically aware, position on jurisprudential issues;
- Critically analyse primary texts of a philosophical character;
- Interrogate various connections between law and morality;
- Appraise the value of philosophical reflection about law for the practice of law;
- Explore connections between jurisprudential theories and legal doctrinal issues.
Teaching: |
3 hours of lectures per week in the 2nd Semester. |
Assessment: |
Response paper (25%); Exam (75%) |
Lecturers: |
Dr David Prendergast |
| Restrictions: | . |
Media Law: (LAU44082) 10 ECTS
This course will consider both the theoretical and practical questions which arise in this evolving area of the law. Initially, the course will examine the role of the media in a constitutional democracy. The constitutional protection of the media in Ireland will be compared with similar regimes in other jurisdictions 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 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
Upon 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 (5,000 words) - 20% and Examination - 80% (1 x 2 hour paper) |
Lecturers: |
Dr Ailbhe O'Neill |
Medical Law and Ethics: (LAU44152) 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
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.
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.
Teaching: |
3 hours of lectures per week in the 2nd Semester. |
Assessment: |
Discussion Board 5%, Legal Opinion (3,000 words) 45%, Policy Report (3,500 words) 50%. |
Lecturers: |
Dr Andrea Mulligan |
Penology (LAU44172) 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 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 also take a practical look at the administration of punishment, with a particular focus on prisons. Students will examine the contemporary issues and problems concerning these institutions and evaluate possibilities for reform. Analysis of penal policy and how it is formed will also be involved. Penology involves a broad multi-disciplinary approach which includes aspects of sociology, political theory and philosophy as well as law and human rights. It is closely related to criminology. Students are not required to take the 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 multi-disciplinary approach, as appropriate;
- Analyse and evaluate the workings of the penal system;
- Critically analyse an aspect of the penal system and/or penology in-depth, using appropriate sources;
- Present findings in a logical and clear manner.
Teaching: |
1.5 hours of lectures per week in the 2nd Semester. |
Assessment: |
One of the following options: A. 3,000 word literature review on a subject related to the module plus a 500 word briefing paper summarising this research and written for a policymaker (e.g. Minister for Justice and Equality or senior civil servant). or B. A 3,500 word piece written, in a format of the type used for publication in an academic journal, analysing and critiquing an aspect of the Irish penal system or an international penal system. |
Lecturers: |
Dr Mary Rogan |
Public Interest Law: (LAU34151) 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 2nd Semester |
Assessment: |
Case Note (1,000 words) 25%, Essay (4,000 words) 75% |
Lecturers: |
Prof Gerry Whyte |
Public International Law: (LAU34081) 10 ECTS
This module is designed to provide students with knowledge of the main concepts, principles, processes and rules of public international law as well as a more in-depth knowledge of selected areas of the law. Topics are considered under 3 headings. Part 1 deals with fundamental legal concepts and processes, including international legal personality, the sources of the law and recognition. Basic principles and the rules associated with them are addressed in Part 2. Finally, the rights and duties of the individual under what is essentially a state-based system of law are examined in Part 3. Practical examples of the operation of the law, many of them relating to contemporary events, are given throughout.
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Identify the main concepts, principles and processes in the field of public international law;
- Demonstrate a sound knowledge of the rules applicable in core areas of the law, such as state sovereignty, the peaceful settlement of international disputes, the use of force, international organisations and self-determination;
- Analyse international affairs from the perspective of public international law;
- Describe in some detail the place of the individual within the international legal system;
- Explain the nature of public international law and the role it plays in the conduct of world affairs.
Teaching: |
3 hours of lectures per week and additional seminars in the 1st Semester |
Assessment: |
Examination - 100% (1 x 2 hour paper) |
Lecturers: |
Dr David Fennelly & Mr Michael Becker |
Refugee Law (LAU44092) 5 ECTS
The aims of this course are to outline the law relating to refugees in Ireland in the light of EU membership and international human rights law, to develop a critical understanding of the policy behind refugee law, and to develop a practical understanding of the implications of refugee law. The course is divided in to 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 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, and the Refugee in Irish Law.
Learning Outcomes
On successful completion of this module, students will be able to:
- Identify and evaluate the law relating to refugees in 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.
Teaching: |
1.5 hours of lectures per week in the 2nd Semester |
Assessment: |
Essay (5,000 words) - 100% |
Lecturers: |
TBC |
| Restrictions: |
Tax Law: (LAU34161) 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 the 2nd Semester |
Assessment: |
Examination - 100% (1 x 2 hour paper) |
Lecturers: |
Mr Niall O'Hanlon |
Independent Research Project: 10 ECTS
Learning Outcomes:
Having successfully completed this module, students should be able to:
- Effectively demonstrate specialised, self-directed knowledge of an area of law through examination of a ‘real-life’ legal research problem or a theme within a research group;
- Collaborate with peers and act in leadership roles;
- Constructively evaluate and the work of others;
- Synthesise and evaluate a variety of legal research methods, legal sources, findings and analysis.
- Critically analyse of an area of law through independent research;
- Consult with and respond to the needs of research users;
- Effectively communicate research findings.
- Thematic Learning Strand: Dissertation – 70%, Group Presentation – 10%, Participation – 10%, Reflective Learning Journal – 10%
- Community-based Learning Strand: Group Research Report - 60%, Group Presentation 20%, Participation – 10%, Reflective Learning Journal – 10%
- Identify and analyse the main sources of law in the Irish legal system and the relationship between them
- Display an understanding of the common law nature of the Irish legal system.
- Describe the Irish courts system.
- Critically analyse the doctrine of stare decisis and the system of judicial precedent.
- Critically assess different jurisprudential theories.
- Explain the key features of the WTO.
- Identify and analyse the different dimensions of the right to privacy under both the Irish Constitution and the European Convention on Human Rights (ECHR)
- Explain the key features of the interaction between privacy and freedom of expression, using ECHR case law where relevant.
- Apply legal principles and case law in order to solve a variety of legal problems.
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On completion of this module, students should be able to:
- Describe and explain basic features of the law of torts in Ireland, including
- Negligence
- Defences
- Nuisance
- Defamation
- Describe and explain basic features of the law of contract in Ireland, including
- Formation of contract
- Remedies for breach of contract
- Use appropriate legal concepts, relevant judicial precedents, and statutory law to solve concrete practical problems.
- Engage in sophisticated, creative, and critical discussion of common law concepts, both orally and in writing.
Assessment
Research Project Module Strand Details and Sub-Topics are available from the Book of Modules on the Local page
Introduction to Law: (LAU12412) 10 ECTS
This module, tailored for non-law students, provides an introduction to the study of law. Two major themes will be covered during the year. The first semester will present key features of the Irish legal system. The second semester will provide an introduction to jurisprudence, that is, the philosophy of law. Jurisprudential theories will be used to consider contemporary issues in law including the regulation of international trade (WTO) and the interaction between privacy and freedom of expression. The module will equip students with the basic skills required for the study of law. It will introduce students to legal reasoning and provide practical training in legal problem-solving and advocacy.
Learning Outcomes:
Having successfully completed this module, students should be able to:
Teaching: |
2 hours of lectures per week in both semesters |
Assessment: |
2 MCQ tests - 30%, Examination - 70% |
Lecturers: |
Dr Sarah Arduin |
Aspects of Irish Law in a European Context: (LAU22412) 10 ECTS
This module, tailored for non-law students, provides an introduction to the study of Irish private law. Two major themes will be covered during the year. The first semester will provide an introduction to the law of Torts. The second semester will examine the law of Contract. Both themes will take into account of the impacts of European Law on Irish Law.
Learning Outcomes:
Having successfully completed this module, students should be able to:
Teaching: |
2 hours of lectures per week in both semesters |
Assessment: |
2 MCQ tests - 30%, Examination - 70% |
Lecturers: |
Dr Sarah Arduin |
TEP CAPSTONE PROJECT - A 20 credit Capstone Project in the SS year will apply to all new entrants in 2019/2020 and thereafter. The 20 ECTS TEP Capstone Project does not apply to current students.