Postmodernist Jurisprudence Learning Outcomes On successful completion of this module, students will be able to: Identify the major historical schools of jurisprudence from the Greeks to the 19th century. Describe the various historical theories of natural law and legal positivism. Assess the relevance of jurisprudence to modern law, especially to legislation and adjudication. Evaluate the major schools of jurisprudence. Critique legal positivism and natural law in light of the major contemporary theories of jurisprudence. How the Module is Taught & the Students’ Learning Experience The module will be taught through a series of lectures. The lecture notes are available on Sulis for students, allowing each topic to be discussed in class in an interactive manner. Students will also be expected to conduct their own private research to further their knowledge of the relevant issues. Primary Texts Relevant readings will be provided in class. Background reading can include the following: Dworkin, R., A Matter of Principle (2009 repr) Enright, M., McCandless, J. and O’Donoghue, A. (Eds) Northern/Irish Feminist Judgments (Bloomsbury 2017) Freeman, M., Lloyds Introduction to Jurisprudence (9th edn, Sweet & Maxwell 2016) Fuller, L.L., The Morality of Law (2007 repr)
Critique the effectiveness of incorporation versus partnership models of business activity Primary Texts Forde and Kennedy, Company Law (5th edn Round Hall Sweet and Maxwell 2017) Thuillier, Company Law in Ireland (Clarus Press 2013) Other Relevant Texts Callanan, An Introduction to Irish Company Law (4th edn Gill & Macmillan 2015) Courtney, The Laws of Companies (4th edn Bloomsbury Professional 2016) Ellis, Modern Irish Company Law (2nd edn Jordans 2004) Keane, Company Law (5th edn Tottel Publishing 2016) MacCann, A Casebook on Company Law (Butterworth 1991) McGrath, Company Law (Round Hall 2003) Murphy, Business and Company Law: For Irish Students (Gill & Macmillan 2004) Twomey, Partnership Law (Butterworth 2000) Academic Instruments This module will be assessed by means of a 100% end of semester closed book examination comprising of 60% multiple choice component and 40% long question component. The repeat examination comprises the same means of assessment. LA4011 – INTRODUCTION TO LAWYERING 1
Examine and evaluate the operation of stare decisis or precedent in Irish adjudication. Examine and evaluate the process of statutory interpretation in Irish adjudication. Complete legal research and writing tasks skilfully, using all available resources. Accurately identify and interpret key primary sources of law. Primary Texts Raymond Byrne, J. Paul McCutcheon, Claire Bruton, and Gerard Coffey, Byrne and McCutcheon on the Irish Legal System (6th edn, Bloomsbury Professional 2014) Tanya Ní Mhuirthile, Catherine O’Sullivan, and Liam Thornton, Fundamentals of the Irish Legal System: Law, Policy and Politics (Round Hall 2016) Jennifer Schweppe, Rónán Kennedy, and Larry Donnelly, How to Think, Write and Cite: Key Skills for Irish Law Students (2nd edn, Roundhall 2016) Other Relevant Texts Holland, J. and Webb, J., Learning Legal Rules (7th edn, Oxford University Press 2010) Semester & Year to be First Offered Autumn 2009 Academic Instruments Original assessment Multiple choice quiz on Sulis (20%)
Raymond Byrne et al, Byrne and McCutcheon on the Irish Legal System (6th edn, Bloomsbury 2014) Cownie, Bradney, & Burton, English Legal System in Context (5th edn, Oxford University Press, 2010) Craig and de Búrca, EU Law: Text, Cases and Materials (6th edn, Oxford University Press 2015) Fairhurst, J., Law of the European Union, (available as an e-book on the library website) Foster and Sule, German Legal System and Laws (4th edn, Oxford University Press 2010) Merryman and Pérez-Perdomo, The Civil Law Tradition: An Introduction to the Legal Systems of Europe and Latin America (3rd end, Stanford University Press 2007) Robinson, O., Fergus, T., and Gordon, W., European Legal History (3rd edn, Oxford University Press 2000) Steiner, E., French Legal Method (Oxford University Press 2002) Van der Merwe and Du Plessis, Introduction to the Law of South Africa (Kluwer Law International, 2004) Assessment Instruments The examination is comprised of 20% continuous assessment and 80% end of year examination. For repeats, the examination makes up 100% of the final grade. Semester & Year to be First Offered Spring 2010
Module LA4021 – CHILD LAW Course Leader Lydia Bracken Hours per Week Lecture: 2 Tutorial: 1 (per fortnight) Credits: 6 Rationale & Purpose of the Module The desire to protect children from harm and to recognise their rights as autonomous individuals is an increasingly accepted goal in legal scholarship. The aim of this module is to consider the rights of children and how they may be advanced by the legal system. This involves gaining an understanding of the protection of children’s rights both at domestic and international levels, as well as considering specific aspects of the law which impact upon children’s lives. Syllabus Children’s rights in the Irish Constitution The European Convention on Human Rights and the United Nations Convention on the Rights of the Child Child participation and representation in legal proceedings Child protection and children in care Youth justice Garda vetting procedures and mandatory reporting of child abuse Bullying Child abduction, adoption and education Learning Outcomes
society, the module aims to help students in development of the UL graduate attributes. Particularly, students will become more articulate and knowledgeable by learning about the impact of the law upon a specific unit group of society (i.e. children). Recent developments in the area of child law, along with research findings are incorporated into the module via the recommended reading and study resources. Primary Texts Kilkelly (2008) Children’s Rights in Ireland: Law, Policy and Practice, Tottel Publishing Shannon (2005) Child Law, Thomson Round Hall Other Relevant Texts Crowley (2013) Family Law, Round Hall Nestor (2011) An Introduction to Irish Family Law, 4th edn, Gill & Macmillan Forde and Leonard (2013) Constitutional Law of Ireland, 3rd edn, Bloomsbury Professional Shannon (2011) Adoption Law, Round Hall Shannon (2011) Child Care Law, Round Hall Walsh (2005) Juvenile Justice, Round Hall Semester & Year to be First Offered Autumn 2015 Academic Instruments 30% continuous assessment during term and 70% end of term examination (1.5 hours, students will be required to answer two out of four questions).
Chalmers, D., Monti, G., and Tomkins, A. (2010) European Union Law (2nd edn), Cambridge: Cambridge University Press Craig, P. and De Búrca, G. (2015) EU Law Text, Cases, and Materials. (6th edn), Oxford: Oxford University Press Kaczorowska-Ireland, A. (2016) European Union Law (4th edn), Abingdon: Routledge Barnard, C., Peers, S., (2014) (Eds) European Union Law. Oxford: Oxford University Press Berry, E., et al. (2013) Complete EU Law: text, cases, and materials. Oxford: OUP Steiner, J. and Woods, L. (2014) Steiner & Woods EU Law (12th edn), Oxford: Oxford University Press Foster, N. (2014) Foster on EU Law (4th edn), Oxford: Oxford University Press Other Relevant Texts Dashwood, A., Wyatt, D. (2011) Wyatt and Dashwood’s European Union Law (6th edn), Oxford: Hart Schmidt, S.K., Kelemen, R.D. (2013) The Power of the European Court of Justice, London: Routledge Craig, P. (2013) The Lisbon Treaty: law, politics, and treaty reform, Oxford: Oxford University Press Weatherill, S. (2014) Cases and Materials on EU Law (11th ed.), Oxford: Oxford University Press Programme(s) in which this Module is Offered LM029 Law Plus LM020 Law and Accounting Graduate Entry LLB
issues. An integral part of the module is that students have the opportunity to represent a party in a moot court case, which is heard in the UL Law School replica courtroom. Primary Texts Regan (Ed), Employment Law, (Tottel, Hayward’s Heath, 2009) Daly and Doherty, Principles of Irish Employment Law, (Clarus Press, Dublin, 2010) Cox, Corbett & Ryan, Employment Law in Ireland, (Clarus Press, Dublin, 2009) Forde and Byrne, Employment Law, (Round Hall Press, Dublin, 2009) Other Texts Lexis, Justis, Westlaw.ie, etc. Employment Law – Law Society of Ireland Manuals Employment Law Reports (ELR) Irish Employment Law Journal Semester & Year to be First Offered Spring 2010 Academic Instruments The assessment will be an in-term essay (approximately 2,000 words) worth 40% based on the arguments presented in the Moot exercise and an end of semester, closed book examination that will consist of five questions where students will be required to answer two within 1.5 hours. All questions will carry equal marks. For students that are unsuccessful in the semester assessments the annual repeat examination will be a two hour exam where students are required to answer
Hogan & Morgan, Administrative Law in Ireland – Student Version, (2012, Roundhall) Hogan & Morgan, Administrative Law in Ireland, (2010, Roundhall) Delaney, Judicial Review of Administrative Action (2013, Roundhall) Coffey, Administrative Law, (2010, Roundhall) De Blacam, Judicial Review, (2009, Bloomsbury) Hogan & Whyte, Kelly’s Irish Constitution, 4th edn (2003, Dublin; Butterworths) Other Relevant Texts Bradley, Judicial Review (Thomson, Round Hall ) Craig, Administrative Law, (Sweet and Maxwell) Wade: Administrative Law, (Oxford University Press) Barnett, Constitutional and Administrative Law (London: Cavendish) De Smith, Woolf and Jowell’s Principles of Judicial Review (OUP) Leyland and Anthony, Textbook on Administrative Law, (OUP) Academic Instrument Tutorial attendance and participation: 10% End of term exam: 90% Semester & Year to be First Offered Spring 2010 LA4044 – LAW OF THE EUROPEAN UNION 2 Module Leader Laura Donnellan
students will be expected to explore the role of ethics and professional responsibility in the legal system. Learning Outcomes On successful completion of this module, students will be able to: Identify the core areas in legal practice such as logical reasoning, problem solving, and option generation. Specify the key role of lawyers within the wider community and the underlying responsibility of legal practice. Outline the process for effective client interviewing. Distinguish the role of advocacy in legal argument from advocacy for public or sectional interest. Primary Texts Schweppe, Kennedy and Donnelly, How to think, write and cite: Key skills for Irish law students (2nd edn, Roundhall 2016) Other Relevant Texts Kee, C. The Art of Argument: A Guide to Mooting (Cambridge: Cambridge University Press 2006) Morley, M. The Devil’s Advocate: A Short Polemic on How to Be Seriously Good in Court (London: Sweet and Maxwell 2009) Hill, J., A Practical Guide to Mooting (Palgrave Macmillan 2009) Snape and Watt, How to Moot: A Student Guide to Mooting (2nd edn, Oxford University Press, 2012) Williams, G., Glanville Williams Learning the Law (Smith, A.T.H. Ed) (14th edn. London: Sweet and Maxwell 2010) Semester & Year to be First Offered
O’Donnell, O’Sullivan and Healy (Eds), Crime and Punishment in Ireland 1922 to 2003: A Statistical Sourcebook (Institute of Public Administration, 2006) O’Donnell and O’Sullivan, Crime Control in Ireland: The Politics of Intolerance (Cork University Press, 2001) O’Donnell and McAuley (Eds), Criminal Justice History: Themes and Controversies from Pre-independence Ireland (Four Courts Press, Dublin, 2003) O’Mahony, Criminal Justice in Ireland (Institute of Public Administration, 2002) O’Mahony, Crime and Punishment in Ireland (Round Hall, 1993) O’Mahony, Criminal Chaos: Seven Crises in Irish Criminal Justice (Round Hall, 1996) O’Mahony, Prison Policy in Ireland: Criminal Justice versus Social Justice (Cork University Press, 2000) O’Malley, Sentencing: Towards a Coherent System (Round Hall, 2011). O’Malley, Sentencing Law and Practice (2nd edn, Round Hall, 2006) O’Malley, The Criminal Process (Round Hall, 2010) Rogan, Prison Policy in Ireland: Politics, Penal-Welfarism and Political Imprisonment (Routledge, 2011) Seymour, Youth Justice in Context: Community, Compliance and Young People (Routledge, 2014) Walsh and McCutcheon (Eds), Confiscation of Criminal Assets (Round Hall, 2000) Walsh, Walsh on Criminal Procedure (Round Hall 2016) How the Module is Taught & the Students’ Learning Experience The module will be taught through a series of lectures. Slides to accompany lectures will be available on Sulis for students. There will be five tutorials, for
Hours per Week Lecture: 2 Tutorial: 1 Credits: 6 Rationale & Purpose of the Module To examine the general principles of criminal law through consideration of their ethical, social, and legal dimensions. Syllabus Historical and ethical consideration of criminal law, characteristics of a crime. Parties to a crime: principals and accessories, vicarious liability. The elements of a crime. Actus reus, conduct, omissions, status. Mens rea, intention, recklessness, criminal negligence. Mens rea in penal statutes. Offences of strict liability. General defences: insanity, infancy, automatism, intoxication, mistake, necessity, duress, self-defence. Inchoate offences: attempt, incitement, conspiracy. Learning Outcomes On successful completion of this module, a student will be able to: Describe the two main elements of a crime: Actus reus and Mens rea. Discuss the principles of causation, voluntary act, and coincidence of Actus reus and Mens rea. Differentiate between objective and subjective tests in determining criminal liability. Explain the criminal liability of participants to a crime.
Primary Texts Campbell, Kilcommins, O Sullivan, Criminal Law in Ireland: Cases and Commentary (Dublin: Clarus Press, 2010). Hanly, An Introduction to Irish Criminal Law 3rd edn (Dublin: Gill & MacMillan, 2015). Other Relevant Texts McAuley and McCutcheon, Criminal Liability (Round Hall, 2000) McIntyre, McMullan & O’Toghda, Criminal Law, (Dublin: Round Hall, 2012). Coffey, G., Criminal Law (Dublin: Round Hall, 2010). Year to be First Offered Spring 2010 Academic Instruments This module is assessed by an end of semester 100% examination. The exam is two hours long. The exam will consist of five questions and students must answer three of these questions. The repeat examination will take the same format. LA4290 – COMPANY LAW 1 (Evening) Module Leader Sinead Eaton Hours per Week Lecture: 2 Tutorial: 1 Private: 7 Credits: 6 Rationale & Purpose of the Module
private research, using available high-quality sources, to further their knowledge of the relevant issues. Primary Texts Quill, Torts in Ireland. 4th edn (Dublin: Gill & Macmillan, 2014) McMahon & Binchy, The Irish Law of Torts. 4th edn (Dublin: Bloomsbury, 2013) Other Relevant Texts Tully, Tort Law in Ireland (Dublin: Clarus, 2014) Academic Instruments 100% End of Semester Exam or 100% Term Essay(s) – at the student’s election. Repeat Assessment: 100% Exam or 100% Term Essay(s) – based on the student’s in-term election. LA4430 – CONSTITUTIONAL LAW 1 Module Leader Laura Cahillane Hours per Week Lecture: 2 Tutorial: 1 (per fortnight) Credits: 6 Rationale & Purpose of the Module
Distinguish the application of legal principles in a sports context from their application in other settings. Critique the effectiveness of the law in regulating sports. Examine and evaluate the various methods of alternative dispute resolution that are available to sportspersons. Examine and evaluate the role of the Irish government in sports governance in Ireland. Primary Texts Donnellan L. (with Leahy S.) (2016), Sports Law in Ireland (2nd edn), Kluwer Donnellan, L. (2010) Sport and the Law: A Concise Guide, Dublin: Blackhall Publishing, 2010 Anderson, J.(2010) Modern Sports Law, London: Hart Gardiner, S. et al. (2012)Sports Law (4th edn,), London: Cavendish, Cox, N., Schuster, A. (2004) Sport and the Law, Dublin: Firstlaw James, M. (2017) Sports Law (3rd edn,), London: Palgrave MacMillan Other Relevant Texts Barnes, J. Sports and the law in Canada (3rd edn, Toronto: Butterworths, 1996) Beloff, M. (2012) Sports law (2nd edn), Oxford: Hart Grayson, E. (2000) Sport and the law, London: Butterworths Greenfield, S. and Osborn, G. (Eds) (2001) Law and sport in contemporary society London: F. Cass Hartley, H. (2009) Sport, Physical Recreation and the Law, London: Routledge: O’Leary, J. (2001) Drugs in sports: socio-legal perspectives, London: Cavendish
Primary Texts Liebling et al (eds) (2017) The Oxford Handbook of Criminology, 6th ed, Oxford University Press Other Relevant Texts Andresen (2014) Environmental Criminology: Evolution, Theory and Practice, Routledge Body-Gendrot et al (Eds) (2013) The Routledge Handbook of European Criminology, Routledge Bosworth and Hoyle (Eds) (2011) What is Criminology?, Oxford University Press Downes and Rock (2012) Understanding Deviance: A Guide to the Sociology of Crime and Rule-Breaking, 6th edn, Oxford University Press Finch and Fafinski (2012) Criminology Skills, Oxford University Press Keseredy (2011) Contemporary Critical Criminology (Key Ideas in Criminology), Routledge Naffine (Ed) (1995) Gender, Crime and Feminism, Dartmouth Press Naffine (1997) Feminism and Criminology, Polity Press Smart (2014) Crime and Criminology: A Feminist Critique (Routledge Revivals) (first published 1977), Routledge Taylor et al (2012) Critical Criminology (Routledge Revivals) (First published 1977), Routledge Walklate (2007) Understanding Criminology, 3rd edn, Open University Press Williams (2012) Textbook on Criminology, 7th edn, Oxford University Press Semester & Year to be First Offered Spring 2016
Articulate attributes are included by developing competence in conveying ideas clearly, through active student participation in seminars. Primary Texts Klip A, (2012) European Criminal Law An Integrative Approach (2nd edn), Intersentia Eckes C, Konstadinides T, (2011) Crime within the area of freedom, security and justice: a European public order, CUP Ryan A, (2014) Towards a System of European Criminal Justice: the problem of admissibility of evidence, Routledge Ligeti K, (Ed) (2012) Toward a Prosecutor for the European Union: A Comparative Analysis, Hart Other Relevant Texts Further materials are recommended in lectures. Programme(s) in Which This Module Is Offered MAHRCJTFA – Human Rights in Criminal Justice MAHRCJTPA – Human Rights in Criminal Justice MLECLATFA – European and Comparative Law MLECLATPA – European and Comparative Law - Part Time MLLAGETFA – (General) MLLAGETPA – (General) P/T Semester & Year to be First Offered Spring 2013 Academic Instruments 100% Essay
Compare and contrast the approaches taken in various legal systems to adapting human rights obligations in the domestic context. Critically evaluate the extent to which the experiences and responses of other jurisdictions, as well as international human rights principles should influence Irish law. Primary Texts O’Malley, Sentencing: Towards a Coherent System (Round Hall, 2011). O’Malley, Sentencing Law and Practice (3rd edn, Round Hall, 2016) O’Malley, The Criminal Process (Round Hall, 2010) Other Relevant Texts Brewer, Lockhart and Rodgers, Crime in Ireland 1945–95 (Clarendon Press, 1997) Conway, Daly and Schweppe, The Irish Criminal Justice System: Theory, Process and Procedure (Clarus Press, 2010) Fennell, Crime and Crisis in Ireland: Justice by Illusion? (Cork University Press, 1993) Final Report of the Balance in the Criminal Law Review Group (2007). Final Report of the Strategic Review of Penal Policy Group (2014). Kilcommins, O’Donnell, O’Sullivan and Vaughan, Crime, Punishment and the Search for Order in Ireland (Institute of Public Administration, 2005). Law Reform Commission of Ireland, Consultation Paper on Sentencing (Dublin, 1993) - full text available at www.lawreform.ie Law Reform Commission of Ireland, Report on Sentencing (LRC 53, Dublin, 1996) - full text available at www.lawreform.ie Law Reform Commission of Ireland, Consultation Paper on Penalties for Minor Offences (LRC CP18-2002) - full text available at www.lawreform.ie
Law Reform Commission of Ireland, Consultation Paper on Prosecution Appeals in Cases brought on Indictment (LRC CP19-2002) - full text available at www.lawreform.ie Law Reform Commission of Ireland, Report on Penalties for Minor Offences (LRC 69-2003) Law Reform Commission of Ireland, Consultation Paper on Prosecution Appeals form Unduly Lenient Sentences in the District Court (LRC - full text available at www.lawreform.ie Law Reform Commission, Report on Prosecution Appeals and Pre-Trial Hearings (LRC 81-2006) - full text available at www.lawreform.ie Law Reform Commission of Ireland, Consultation Paper on Mandatory Sentences (LRC CP 66-2011) - full text available at www.lawreform.ie Law Reform Commission of Ireland, Report on Mandatory Sentences (LRC 108-2013) - full text available at www.lawreform.ie McCullagh, Crime in Ireland: A Sociological Introduction (Cork University Press, 1996) McDermott, Prison Law (Round Hall, 2000) O’Donnell, O’Sullivan and Healy (Eds.), Crime and Punishment in Ireland 1922 to 2003: A Statistical Sourcebook (Institute of Public Administration, 2006) O’Donnell and O’Sullivan, Crime Control in Ireland: The Politics of Intolerance (Cork University Press, 2001) O’Donnell and McAuley (Eds), Criminal Justice History: Themes and Controversies from Pre-independence Ireland (Four Courts Press, 2003) O’Mahony, Criminal Justice in Ireland (Institute of Public Administration, 2002) O’Mahony, Crime and Punishment in Ireland (Round Hall, 1993) O’Mahony, Criminal Chaos: Seven Crises in Irish Criminal Justice (Round Hall, 1996)
Sands, From Nuremberg to the Hague: The Future of International Criminal Justice (Cambridge University Press, 2003) Schabas, Genocide in International Law: The Crime of Crimes (Cambridge University Press, 2009). Schabas, The UN International Criminal Tribunals: The Former Yugoslavia, Rwanda and Sierra Leone (Cambridge University Press, 2009) Sriram, Martin-Ortega and Herman, War, Conflict and Human Rights: Theory and Practice (Routledge, 2010). Zahar and Sluiter, International Criminal Law (Oxford University Press, 2008) Programme(s) in which this Module is Offered MLHRCJTFA – Human Rights in Criminal Justice MLHRCJTPA – Human Rights in Criminal Justice MAHRCJTFA – Human Rights in Criminal Justice MAHRCJTPA – Human Rights in Criminal Justice MLLAGETFA – (General) MLLAGETPA – (General) Semester & Year to be First Offered Autumn 2015 Academic Instruments 25% Mid-semester research assignment 75% End of semester research assignment LA6142 – POLICING AND HUMAN RIGHTS
Walsh, Criminal Procedure (Round Hall, 2002). Villiers, Police and Policing: An Introduction (Waterside Press, 2009). Ebai, The Role and Development of Human Rights-based Policing in the Transition from Dictatorship to Democracy in Cameroon (Ph.D. Thesis, University of Limerick, 2007). Programme(s) in which this Module is Offered MLHRCJTFA – Human Rights in Criminal Justice MLHRCJTPA – Human Rights in Criminal Justice MAHRCJTFA – Human Rights in Criminal Justice MAHRCJTPA – Human Rights in Criminal Justice MLLAGETFA – (General) MLLAGETPA – (General) Semester & Year to be First Offered Spring 2010 Academic Instruments 25% Mid-semester research assignment 75% End of semester research assignment LA6172 – ADVANCED FAMILY LAW: STANDPOINT AND RIGHTS-BASED PERSPECTIVES Module Leaders Lydia Bracken Susan Leahy