LAW 7042 - Technology, Law and Society (PG)

North Terrace Campus - Semester 2 - 2015

This course will consider how the law impacts on technology - both by regulation and facilitation. The roles of statute, tort and contract will be considered, along with comparative and transnational approaches and extra-legal means of control of technology. These general issues will be considered in the setting of specific situations such as the following topics: regulating information and communication technologies; identification, privacy, data-mining and retention of information; e-risk management, trust and security technologies; digital evidence and e-discovery; e-forensics and expert evidence; virtual worlds and social networks; and digital divides.

  • General Course Information
    Course Details
    Course Code LAW 7042
    Course Technology, Law and Society (PG)
    Coordinating Unit Adelaide Law School
    Term Semester 2
    Level Postgraduate Coursework
    Location/s North Terrace Campus
    Units 3
    Contact Intensive
    Available for Study Abroad and Exchange Y
    Course Description This course will consider how the law impacts on technology - both by regulation and facilitation. The roles of statute, tort and contract will be considered, along with comparative and transnational approaches and extra-legal means of control of technology. These general issues will be considered in the setting of specific situations such as the following topics: regulating information and communication technologies; identification, privacy, data-mining and retention of information; e-risk management, trust and security technologies; digital evidence and e-discovery; e-forensics and expert evidence; virtual worlds and social networks; and digital divides.
    Course Staff

    Course Coordinator: Mr Nigel Wilson

    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

  • Learning Outcomes
    Course Learning Outcomes

    No information currently available.

    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Knowledge and understanding of the content and techniques of a chosen discipline at advanced levels that are internationally recognised. 1,2,3,4,5,6,7
    The ability to locate, analyse, evaluate and synthesise information from a wide variety of sources in a planned and timely manner. 1,2,3,4,5,6,7
    An ability to apply effective, creative and innovative solutions, both independently and cooperatively, to current and future problems. 1,2,3,4,5,6,7
    Skills of a high order in interpersonal understanding, teamwork and communication. 1,2,3,4,5,6,7
    A proficiency in the appropriate use of contemporary technologies. 1,2,3,4,5,6,7
    A commitment to continuous learning and the capacity to maintain intellectual curiosity throughout life. 1,2,3,4,5,6,7
    A commitment to the highest standards of professional endeavour and the ability to take a leadership role in the community. 1,2,3,4,5,6,7
    An awareness of ethical, social and cultural issues within a global context and their importance in the exercise of professional skills and responsibilities. 1,2,3,4,5,6,7
  • Learning Resources
    Required Resources
    REQUIRED RESOURCES Reading Materials, Texts and References The Reading Guide contains references to the reading materials, texts and references for this subject. RECOMMENDED RESOURCES N/A ONLINE LEARNING MyUni MyUni is the entry point to online learning at The University of Adelaide: http://www.myuni.adelaide.edu.au./ MyUni provides students and staff with access to course materials, discussion forums, announcements, online assessment and many other features to help manage your study or teaching.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    Not applicable.
    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements. The University expects full-time students (ie those taking 12 units per semester) to devote a total of 156 hours to a 3-unit course.
    Learning Activities Summary
    Not applicable.
    Specific Course Requirements
    Not applicable.
    Small Group Discovery Experience
    The Master of Laws programme is, by its nature, a small group experience and there will be many opportunitites for experiential student discovery and learning. In the Technology, Law and Society subject there will be many opportunities for interactive discussion in small (pairs and threes) with oversight by the Course Co-ordinator. A feature of the programme will be the role to be performed by each student at one seminar by the individual presentation to the seminar group of a non-assessable, multi-media topic related to the subject. Through the course of the subject each student and each group of students will undertake at least one small discovery process to assist and enhance their understanding of the implications of technology on law and society.
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary
    ASSESSMENT There are two components of assessment for this course. Both are compulsory and are to be prepared individually. This means that if either of the items of assessment is not undertaken/submitted, the marks assigned for that assessment will be irrevocably lost, and the final mark obtainable will be reduced by that amount. Assignment 1 - 50% Research Paper (4000 words) Due Date: Friday 30 October 2015 at 2pm Students will be expected to research the topic and provide a logically compelling legal thesis exploring a specific area which appraises the development of an area of law as it relates to the regulation of information and communication technologies. The word limit of the research paper is 4,000 words. Take Home Exam - 50% Take Home Examination (4000 words) Examination Dates: Exam will be posted on MyUni by 9 November and will be due by 2pm on 13 November 2015 All students will be required to take this examination. You will be required to answer four questions with a total word limit of 4,000 words.
    Assessment Related Requirements
    There are two components of assessment for this course. Both are compulsory. (See above).
    Assessment Detail
    Students choosing to use this course to satisfy the requirements of the substantial research piece of scholarship for their program must undertake the required disciplinary research and produce a 7,000-8,000 word essay which will be assessed against publication standards. This essay will replace the above mentioned research essay. NOTES ON ASSESSMENT There are two components of assessment for this course. Both are compulsory. This means that if either of the items of assessment is not undertaken/submitted, the marks assigned for that assessment will be irrevocably lost, and the final mark obtainable will be reduced by that amount. Examination • Demonstrated ability to identify the ratio decidendi of relevant cases and apply this ratio to novel factual situations and to the legal issues arising from the use of information and communications technologies • Demonstrated ability to work with the statutory schemes that are relevant to novel legal issues arising from the use of information and communications technologies • Demonstrated ability to distinguish one case from another in the context of applying case law to the facts of novel legal issues arising from the use of information and communications technologies • Demonstrated ability to identify the relevant factual issues involved in novel legal issues arising from the use of information and communications technologies • Demonstrated legal analysis skills relating to legal issues arising from the use of information and communications technologies Fail 0-44 Paper fails to properly identify the ratio decidendi of relevant cases, fails to distinguish relevant from irrelevant cases to addressing the problem posed, fails to properly apply relevant cases and legislation to addressing the problem posed, and fails to identify key factual issues relevant to addressing the problem posed Fail 45-49 Paper shows some proper identification of the ratio decidendi of relevant cases, of distinguishing relevant from irrelevant cases to addressing the problem posed, of applying relevant cases and legislation to addressing the problem posed, and identification of key factual issues relevant to addressing the problem posed. Pass 50-64 Paper demonstrates basic understanding of the ratio decidendi of relevant cases, distinguishes and identifies relevant cases to addressing the problem posed, demonstrates basic ability to apply relevant cases and legislation to addressing the problem posed, but may contain a small number of errors of law, and identifies key factual issues relevant to addressing the problem posed. The paper makes conclusions without sufficient supporting argument or reference to supporting authority or uses inappropriate supporting authority. Legal problem analysis skills are evident, but not very well developed. Credit 65-74 Paper demonstrates a higher level of understanding of the ratio decidendi of relevant cases and the identification and application of relevant cases and legislation to addressing the problem posed. A sound understanding of the relevant factual issues involved in addressing the problem posed. Few errors of law and conclusions are well supported by argument and appropriate use of supporting authority. Legal problem analysis skills are applied appropriately. Distinction 75-84 High level of understanding of the ratio decidendi of relevant cases and the identification and application of relevant cases and legislation to addressing the problem posed. Arguments in support of conclusions are clear and compelling. Highly developed problem analysis skills are evident. High Distinction 85 - 100 Outstanding level of understanding of the ratio decidendi of relevant cases, and the identification and application of relevant cases and legislation to addressing the problem posed. Highly original and sophisticated arguments applied in support of conclusions. Outstanding problem analysis skills demonstrated. Research Paper In addition to those for the examination, above: • level of insight and innovative thought • depth of analysis and level of critical examination of the issues raised • clarity of expression • logical planning and sequence • demonstrated understanding of relevant legal material eg: legislation, case law; • correct application of relevant material; • overall presentation, including correct grammar, spelling and punctuation; o use of resources in formulating the paper including proper acknowledgment and correct referencing Fail 0 – 44 Does not develop coherent and rational arguments; demonstrates fundamental errors of understanding of key legal principles and concepts; little evidence of research to support arguments; demonstrates limited analytical and evaluative skills. Conceded Pass 45-49 Paper shows some proper identification of the ratio decidendi of relevant cases, of distinguishing relevant from irrelevant cases to solving the problem posed, of applying relevant cases and legislation to addressing the problem posed, and identification of key factual issues relevant to addressing the problem posed. Pass 50 – 64 Demonstrates a basic understanding of the relevant legal material eg legislation, cases and treaties; applies core texts and materials; arguments rational and coherent; adheres to referencing requirements Credit 65 – 74 Demonstrates a high level of understanding of the relevant legal materials; has a thorough understanding of course materials; arguments are well constructed with appropriate supporting referencing; demonstrates some critical legal thinking and evaluative skills Distinction 75 – 84 A very high standard of understanding of the relevant legal materials with some original and sophisticated perspectives included; paper demonstrates high level insight; broad ranging research undertaken; evidence of high level of critical thinking; well developed analytical and evaluative skills High Distinction 85 - 100 Outstanding level of understanding and interpretation demonstrated. Arguments are compelling and well supported by relevant authorities, demonstrates sophisticated thinking especially in relation to difficult areas of legal application, and demonstrates highly developed written communication skills.
    Submission
    Presentations on Assignments 1. Students must retain a copy of all assignments submitted. 2. All assignments must be submitted by Turnitin. By submitting your assignment you are agreeing to the following: 1. I declare that all material in this assessment is my own work except where there is clear acknowledgement and reference to the work of others. I have read the Policy on Cheating in Examinations and Related Forms of Assessment. I have also read the University's Plagiarism Policy. 2. I give permission for my assessment work to be reproduced and submitted to other academic staff for the purposes of assessment and to be copied, submitted and retained in a form suitable for electronic checking of plagiarism. 3. For group assignments all team members are expected to contribute approximately equally to a group assignment 4. Penalty for Late Submission - There will be a penalty of 5% per day or part thereof for any late submission of the written work without a formal extension of time granted. Extensions are only available on medical or compassionate grounds. 5. Excess Word Penalty: Words in excess of the word limit will not be read. Students must indicate the word count of each assignment on the front cover of their assignment sheet and exam paper.
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Final results for this course will be made available through Access Adelaide.

  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support
  • Policies & Guidelines
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