LAW 2574 - Law and the Body

North Terrace Campus - Semester 2 - 2021

Rapid advances are being made in biomedical technology that are changing how we legally conceptualise the human body. This course will examine the development of new biotechnologies and their impact on existing regulatory, legal, and policy frameworks that govern the human body. Selected fields of biomedical technology, such as genetics and genomics, stem cells, reproductive technologies, and biobanking will be considered through the lenses of property law, privacy law, and the law of consent. As our biological understanding of the human body continues to expand, a key question to be explored in this course is whether these existing legal frameworks can adapt to biological change.

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Course Details

Course Code	LAW 2574
Course	Law and the Body
Coordinating Unit	Adelaide Law School
Term	Semester 2
Level	Undergraduate Law (LLB)
Location/s	North Terrace Campus
Units	3
Contact	Up to 3 hours per week
Available for Study Abroad and Exchange
Prerequisites	LAW 1501
Restrictions	Available to LLB and B.Criminology with B.Laws and BArts Advanced with B.Laws students only
Assessment	Assignment and Research Essay

Course Staff

Course Coordinator: Ms Maeghan Toews

Course Timetable

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

Course Learning Outcomes

On successful completion of this course, students will be able to:

1. Comprehend and explain key legal concepts underpinning the regulation of the human body and bodily materials;
2. Critically evaluate the challenges and debates surrounding the regulation of the human body and bodily materials;
3. Identify, analyse and discuss the interaction between technological progress and legal development as it pertains to the human body and bodily materials;
4. Conduct in-depth research and communicate original ideas on cutting edge topics where science and law intersect;
5. Identify, follow and apply processes for publication of academic articles.

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)
Deep discipline knowledge informed and infused by cutting edge research, scaffolded throughout their program of studies acquired from personal interaction with research active educators, from year 1 accredited or validated against national or international standards (for relevant programs)	1, 2, 3, 4
Critical thinking and problem solving steeped in research methods and rigor based on empirical evidence and the scientific approach to knowledge development demonstrated through appropriate and relevant assessment	2, 3, 4
Teamwork and communication skills developed from, with, and via the SGDE honed through assessment and practice throughout the program of studies encouraged and valued in all aspects of learning	4, 5
Career and leadership readiness technology savvy professional and, where relevant, fully accredited forward thinking and well informed tested and validated by work based experiences	5

Learning Resources

Required Resources

Lecture slides, seminar questions and supplementary materials will be available on the Law and the Body course page on MyUni.

Online Learning

MyUni will be used to post announcements and course materials, as well as to announce assignment tasks.
Learning & Teaching Activities

Learning & Teaching Modes

Overview
The course will be taught through a weekly 2-hour online lecture and an in-person 1-hour interactive seminar.

Lectures
The lectures are designed to provide an overview of the primary areas of law and debate pertaining to regulation of the human body and biomaterials.

Lectures will also encompass discussion of the writing and submission process for research publications. Each week will cover a different stage in the process and correspond to students' work on their research project in the course.

All lectures will be recorded and made available online.

Seminars
Seminars will consist of structured discussions of specific biomedical technologies and the challenges they are presenting for the law. Principles from lectures will be applied and discussed in relation to examples of advancing technologies.

Lecture recordings will focus on relevant areas of law and seminar discussions will examine how each area of law is being challenged by technological developments. Lecture recordings will therefore need to be viewed prior to seminar attendance, and seminar discussions and material will form an essential component of the course.

Workload

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

Contact time: View 2 hours of online lecture material and attend a 1-hour seminar each week. This amounts to a minimum of 33 hours of formal class time across the semester.

Preparation time: In addition to attending formal classes, it is anticipated that students will do substantial independent work to prepare for classes and complete the course assignments. The University expects that full time students (ie, those undertaking 12 units per semester) will devote a total of 48 hours per week to their studies.

Learning Activities Summary

This course gives students an understanding of the fundamental principles and concepts underlying the regulation of the human body and biomaterials.

Topics to be covered throughout lectures and seminars include:

• Consent to the use of biomaterials and genetic information;
• The status of the body and biomaterials under property law;
• Theoretical debates over the application of property law;
• Challenges to privacy norms in the eras of Big Data and Biotechnology;
• Statutory regulation of separated biomaterials (including reproductive material, organs, and tissue);
• Changing conceptions of the human body from the physical to the informational;
• Specific legal challenges posed by research practices and technologies such as genetic testing and sequencing, reproductive technologies, stem cells, biobanking, and organ transplantation.

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

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

Assessment Summary

Assessment item	% of final mark	Dates	Length	Individual or Group Activity?	Redeemable in exam?	Learning Outcomes
Online Quiz #1	10%	Week 8	20 Questions	Individual	N/A	1, 2, 3
Literature Review and Research Out-line	25%	Week 6	2000 words	Individual	N/A	4, 5
Online Quiz #2	5%	Week 12	10 Questions	Individual	N/A	1, 2, 3
Research Essay	60%	Swot Week	4000 words	Individual	N/A	1, 2, 3, 4, 5

Assessment Detail

Online Quiz #1 (10%) and #2 (5%)
Students must complete two online quizzes in Weeks 8 and 12, respectively.

Quiz #1 will contain 20 multiple choice questions and will examine material from Weeks 1 through 7. Quiz #2 will contain 10 multiple choice questions and will examine material from Weeks 9 through 11.

The quizzes will be available for the first 90 minutes of the scheduled lecture time in Weeks 8 and 12. It is the students' responsibility to ensure they are available at this time to take the quiz and that they have access to a computer and the internet either at home or on campus.

Students can only attempt each quiz once and it must be completed within the 90 minute period assigned.

Literature Review and Research Out-line (25%)
Students are to select a research question from a list provided or come up with an original idea themselves. A portion of each week's lecture time will be devoted to examining a different stage of the research, writing, and publication process and this will correspond with students' work on their research essay. In Week 6, students will submit a literature review and research out-line. The literature review must present relevant sources of material that will be relied on in the essay and indicate the pertinent findings from each source and how they will be used to advance the students' arguments. The research out-line must contain a clear thesis statement and summary of key arguments that will be made to advance the students' position.

Due: Week 6

Research essay (60%)
Details of the research essay topics will be posted on the MyUni course page in Week 1.

Students will undertake a substantial amount of independent research that follows from their literature review and research out-line. The research essay will be no more than 4000 words.

The research essay will be evaluated against a student's ability to demonstrate the following:

a clear and logical structure and organisation;
a clear and logical use of language;
articulating and defending a clear thesis statement through effective and persuasive argument;
demonstrating original throught, analysis, and ideas;
compliance with the Australian Guide to Legal Citation (4th ed);
an educated choice of primary and secondary sources used, which goes beyond the prescribed course materials; and
a complete bibliography, detailing the primary and secondary sources used.

Due: Swot Week

Submission

The Literature Review and Research Out-line and the Research Essay must be submitted electronlically through Turnitin. Students must retain a copy of all assignments submitted. Details for electronic submission through Turnitin will be provided with the assignment instructions.

Assignments must comply with the Australian Guide to Legal Citation.

Extensions: Requests for extensions must be made electronically according to law school policy. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are not unexpected circumstances.

Late Submission Penalties
When an assignment is submitted after the due date, without an extension, 5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend and public holidays. For example, an assignment that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc.

Word Length Penalties
5% of the total mark possible for a written assignment will be deducted for every 100 words (or part thereof) by which it exceeds a stipulated word limit. For example, a 3,000 word essay graded at 63% will have 5% deducted if it is between 3,001 and 3,100 words long for a final mark of 58%. If the essay is between 3,101 and 3,200 words long, 10% will be deducted for a final mark of 53%, etc. Word limits include all words in the text, in headings, in quotations, but exclude citations in footnotes. Any separate cover page, table of contents, bibliography or list of sources is excluded from the word limit. If the word limit is misstated, this may be regarded as academic dishonesty.

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.

Finality of Assessment Grades

Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

Moderation

In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:

assurance of the qualifications of markers, and their knowledge of the content covered in each course;
detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
sharing of example marked assessments at various grade bands across markers;
reviewing of selected marked assessments from each marker by the course coordinator;
comparison of the marks and their distribution across markers;
automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

Approval of Results by Board of Examiners

Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester.

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 feedback

The course is constantly being updated and revised to reflect the evolution of the law, to respond to student
feedback, and to engage with the latest teaching practices. Student feedback is collected each time the course is run, including through SELT reports. Previous SELT reports, and staff feedback on them, are posted on the course MyUni site
for students to view and consider.
Student Support
The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

Lex Salus Program
Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

Student Life Counselling Support
The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.
Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
Academic Integrity
All students must be familiar with the University’s Academic Integrity Policy. Academic Misconduct is a serious matter and is treated as such by the Law School and the University. Academic Misconduct (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia. Academic Integrity is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
Fraud Awareness

Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.

Authorised by:	Deputy Vice-Chancellor and Vice-President (Academic)
Maintained by:	Course Outlines Administrator