Year
2020
Units
4.5
Contact
3 x 4-hour intensive workshops per semester
2 x 6-hour intensive workshop-1s per semester
Prerequisites
1 Admission into BLAWLPR-Bachelor of Laws and Legal Practice
1a Admission into BLAWLPRG-Bachelor of Laws and Legal Practice (Graduate Entry)
1b Admission into BLAWLPRH-Bachelor of Laws and Legal Practice (Honours)
1c Admission into BLAWSH-Bachelor of Laws (Honours)
1d Admission into BLAWS-Bachelor of Laws
1e Admission into BLLAW-Bachelor of Laws
1f Admission into BLLAWH-Bachelor of Laws (Honours)
1g Admission into BLLAWFP-Bachelor of Laws - City Campus
1h Admission into BLLAWHFP-Bachelor of Laws (Honours) - City Campus
1i Admission into CLAWBU-Bachelor of Laws/Bachelor of Business - City Campus
1j Admission into CLAWIR-Bachelor of Laws/Bachelor of International Relations and Political Science - City Campus
1k Admission into CLAWIT-Bachelor of Laws/Bachelor of Information Technology - City Campus
1l Admission into CLAWAC-Bachelor of Laws/Bachelor of Accounting - City Campus
1m Admission into CLAWCR-Bachelor of Laws/Bachelor of Criminology - City Campus
1n Admission into CLAWHIR-B Laws (Hons)/B Intl Relations and Political Science
1o Admission into CLAWHIT-B Laws (Hons)/B Information Technology
1p Admission into CLAWHAC-B Laws (Hons)/B Accounting
1q Admission into CLAWHCR-B Laws (Hons)/B Criminology
1r Admission into CLAWHBU-B Laws (Hons)/B Business
2 1 of LLAW1311, LLAW1213
3 1 of LLAW1312, LLAW1211
4 18 units of LLAW topics
Must Satisfy: ((1 or 1a or 1b or 1c or 1d or 1e or 1f or 1g or 1h or 1i or 1j or 1k or 1l or 1m or 1n or 1o or 1p or 1q or 1r) and 2 and 3 and 4)
Assessment
Assignment(s), Presentation
Topic description
This topic aims to promote awareness of, and critical thinking in relation to, the regulation of new technologies. It will provide a basic introduction to many areas of interface between the technology and the law, along with some conceptual frameworks, and encourage students to critically examine the practicalities of regulating technology. Regulation will be considered not only from the perspective of black letter law (contract, tort, general and specific legislation, relevant constitutional elements) but will also consider regulatory sandpits, self regulatory codes, quasi regulation and the evolution from practice to formal control, as well as considering alternative extra-legal means of control (e.g. social norms and technology based means including “code as law”). While the topic will take an Australian perspective, it will reference comparative international approaches. Students will select a research project of their own choice for seminar presentation and a written paper.
Educational aims
The aims of this topic are to examine and develop an understanding of the following questions:

  • How do the law and technology relate?*

  • How can the law impact on technology - by restriction, “neutrality” or facilitation?

  • What other extra-legal factors impact on regulation and adoption of new technologies?

  • Comparative and transnational approaches to technology regulation.
  • (*The topic will not address the application of technology to the practice of the law, and neither will it cover IP issues, as both are the subject of separate topics.)
Expected learning outcomes
On completion of this topic, students will be expected to be able to:

  1. Exemplify, analyse and articulate the interaction of the law and technology and apply an understanding of regulatory theory to that analysis

  2. Present a brief and engaging analysis of the interaction between law and technology, demonstrating high level oral communication and presentation skills

  3. Analyse, evaluate and synthesise information from a wide variety of sources and experiences so as to identify and address legal and related issues impacting on the interaction between society and technology development and adoption

  4. Demonstrate an appreciation of social justice through the operation of the law and consideration of how competing interests and perspectives are balanced through law, regulation and other means

  5. Design and construct a logically compelling legal thesis demonstrating high level written communication skills.