Law Module Descriptions 2018/19 Level H (i.e. Final Year.) Modules

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1 Law s 2018/19 Level H (i.e. Final Year.) Modules Please be aware that all modules are subject to availability. If you have any questions about the modules, please contact calincomingexchangemodules@contacts.bham.ac.uk. For these modules, strong knowledge of Law and a near native level of English is required. All applications for Level H modules are subject to Approval by the Law department. Please note that at the time this document has been prepared (March 2018) the following information is provisional, and there may be minor changes between now and the beginning of 2018/19 academic year.

2 Advanced Law of Torts MODULE CODE One 2 hour written examination The module will take an analytical approach to the study of tort law and it will examine discrete areas of the subject, building upon the knowledge and understanding provided by the core Obligations B module taken by all law students in their first year. Topics likely to be covered include: vicarious liability; limitation of actions; causation; economic torts; wrongful interference with property; torts and human rights; and defences.

3 LH Commercial Law MODULE CODE One 2 hour written examination This module explores the key theoretical and doctrinal foundations of modern commercial law. It offers a thorough grounding in the key subject areas that make up this diverse field of study. At a theoretical level, subjects include, among others, the underlying principles of commercial law, a topical example of which is the role of good faith in commercial law and the nature of property rights. At a doctrinal level, subjects covered include domestic agency, domestic sale of goods (in particular the Sale of Goods Act regime) and retention of title, international sale of goods (contract type and conformity of documents and goods) and the financing of international trade (autonomy and letters of credit).

4 Counter Terrorism Law MODULE CODE (a) Timed multiple choice test (40%) and (b) 3,600 Word essay (60%) This module explores certain key substantive and methodological issues associated with counterterrorism law and practice. In so doing the module draws upon legal concepts from fields including: Criminal Law, Criminal Justice, Civil Liberties, Human Rights, and International Law. The issues are explored both at the international (including EU and EC) and domestic law level. As regards the latter particular attention is paid to the relevant British law. Since this is a dynamic and evolving field of law, the topic areas covered may change from year to year depending on developments in international and domestic counter-terrorism law and practice. However topics typically addressed in the module will include all or most of the following: Legal definitions of terrorism; Terrorism as an International Crime ; Various key international initiatives in countering terrorism; Human rights and counter-terrorism; Terrorism and International Humanitarian Law; Arrest and detention of terrorist suspects; Special counter-terrorist investigative powers; Proscription of terrorist organisations; Defining counter-terrorist offences; and use of lethal force as a response to terrorism.

5 Criminology MODULE CODE (a) 2,000 word essay 1 (25%) and (b) 4,000 word essay 2 (75%) The module presents a theoretical and empirical overview to theories and explanations of offending behaviour, the measurement of criminal activity and victimisation, aspects of the criminal justice process, and legal, official and social responses to crime. The module will encourage a critical appreciation of these important issues. Selected topics are likely to include: measuring crime and victimisation; theories of criminal behaviour; aspects of the criminal justice process; victims and the criminal justice process; restorative justice; race, ethnicity and crime; class and crime; gender and crime.

6 International Criminal Law MODULE CODE (a) 2,000 word essay 1 (25%) and (b) 4,000 word essay 2 (75%) This course will deal with one of the most important, and controversial areas of contemporary international and criminal law, international crimes. In the past fifteen years, the subject has moved from being a largely-overlooked specialism to a major area of study, and of practical relevance. This course will cover both the institutions and substantive law applicable to international crimes to give a broad introduction to this fascinating area of study. We will begin by investigating what is meant by international criminal law, what is sources are and some of the appropriate frameworks of analysis to take to international criminal law. We will then move on to what can be considered the birth of modern international criminal law; the Nuremberg and Tokyo International Military Tribunals after the Second World War. There has been a lot of criticism made of the Military Tribunals. The validity of these arguments as well as the IMTs contribution to the development of International Criminal Law will be explored. We will then look at more modern international criminal tribunals, taking in the International Criminal Tribunal for former Yugoslavia (ICTY), International Criminal Tribunal for Rwanda (ICTR) before turning to the Internationalised Tribunals in Sierra Leone and Cambodia, and the permanent International Criminal Court (ICC). Having investigated the institutions we will turn to the substantive criminal law applied by the international criminal tribunals (and national courts prosecuting international crimes), As a result, the course will cover the law relating to genocide, crimes against humanity and war crimes, as well as the general principles of liability that apply to international crimes, and the defences applicable to them. We will finish by looking at domestic prosecutions of international crimes and some of the alternative mechanisms for dealing with international crimes that have been used.

7 International Human Rights MODULE CODE One 2 hour written examination SEMESTER 1&2 In this module, we will examine how international human rights law works. The course starts with an introduction to the history and philosophical foundations of human rights, and then moves on to look at how human rights are protected in the international legal system, for example, through the United Nations. We will also look at specific substantive rights, such as the right to life, freedom from torture, and the right to freedom of expression.

8 Law & Policy of the WTO MODULE CODE One 6,000 word essay (maximum) This module explores the rules governing international trade, focussing in particular on the law of the World Trade Organization (WTO). For a fuller and critical understanding of the law, reference will be made to economic, political and policy arguments. Topics include: free trade: importance and qualifications; the WTO as an institution; the Dispute Settlement of the WTO; the prohibition of tax and regulatory discrimination; general exceptions (the protection of non-economic values, such as the environment and human rights); health, safety and technical standards; trade in services; trade and intellectual property; subsidies, anti-dumping, and safeguards; trade and developing countries, regional integration.

9 Law of Adult Relationships (Family Law) MODULE CODE (a) 2,000 word essay plan (25%) and (b) 4,000 word essay (75%) The aim of this module is to provide the student with a sound understanding of the existing legal provisions dealing with family relationships between adults. It also introduces the student to some of the legal, moral, social and political debates which inform the substantive content of this area of the law. The module places particular emphasis on the challenges raised by the changing nature of family life in contemporary society and examines whether the law has responded adequately to these changes. The existing law and current reform proposals are considered in detail, with particular reference to the arguments raised by commentators who believe the law works unfairly against certain groups in society including women, cohabitants people with intellectual disabilities, immigrants, members of religious minorities and same-sex couples. Topics covered include: the concept of family, the diverse range of intimate adult relationships which could be categorised as familial and the aims, functions and limitations of the law in this area; marriage and nullity; same-sex partnerships; cohabitation; protection afforded to the victims of domestic violence and harassment; the law and procedure relating to divorce; and the redistribution of family income and assets upon separation or divorce.

10 Legal Issues in Health Care MODULE CODE One 2 hour written examination Doctors and patients are faced on a day to day basis with legal and ethical challenges and dilemmas from the GP's surgery, the outpatient department or in the operating theatre. English law regulates health care law questions from the beginning to the end of life. In the Legal Issues in Heath Care course some of these dilemmas- both every day and extraordinary will be explored. Typical issues which will be considered will include: NHS resource allocation- when is it right to ration treatments?; informed consent, decision making capacity- who gives consent to treatment and when? Should reproductive technologies be regulated? Should English law recognise a right to an abortion? When can a patient demand a right to die and a right to live? Should human organs and tissue be used as spare part technology?

11 Legal Systems of the World MODULE CODE (a) 2,000 word essay 1 (25%) and (b) 4,000 word essay 2 (75%) This module takes a critically informed approach to understanding the nature of, interactions between, and development of legal systems around the world. Rather than engaging with particular legal systems themselves, it presents and pursues a set of questions about how law works, is understood, is used, and is formed around the world. It draws out the themes of interaction between and richness of legal systems, and looks beyond conventional approaches to categorising legal systems--and even to defining law --in order to present a rich and complex picture of law in a transnational and multi-level world.

12 Political & Legal Theory II MODULE CODE One 2 hour written examination The aim of this module is to explore both the relationship between political and legal theory and some of the arguments and concepts used therein. The module will cover a range of specific topics, including but not limited to: The origins of left, right and centre in legal and political theory Equality Neutrality Liberty Rights Authority and Obligation Contractarianism Communitarianism

13 Real Estate MODULE CODE (a) Timed multiple choice test (30%) and (b) 4,200 word essay (70%) This module builds upon the knowledge gained from the Property Law module studied in year two and will give students an insight into the theory and practice of land law. The module will include new topics and will allow deeper engagement with key concepts. Topics covered may include: Mortgages, undue influence and underlying policy issues Freehold covenants and recommendations for change in this area of law Property and human rights Regulation of residential and commercial leasehold property Termination of leases and remedies for breach of covenant Aspects of planning law relating to control of land use and development. Note that this module is taught in part through problem based learning. This means that students are expected to conduct their own research into problems which are issued on a regular basis. Students should be prepared for an element of self-directed learning.

14 The Law of Health & Safety at Work MODULE CODE (a) 3,000 word essay 1 (50%) and (b) 3,000 word essay 2 (50%) On the basis of a detailed examination of primary law, secondary legislation and case law: After the history of employer s liability, Part 1 of the course is based upon criminal law; strict liability and regulatory criminal offences; and Health and Safety at Work Act 1974; the role of the Health and Safety Executive and enforcement; The European Framework directive and implementing British Regulations; Corporate Manslaughter and Corporate Homicide Act The second part of the course is largely aspects of Tort Law. Employer s liability in Negligence at common law; the tort of breach of statutory duty; selected case studies on certain types of claim, e.g. Occupational stress and claims arising from exposure to asbestos, including the debate over pleural plaques; Employment law aspects of health and safety, worker participation, etc; the European Union s role in the working environment; the Working Time Regulations 1999; the Human Rights Act 1998 and health and safety law.