Unit rationale, description and aim
New technologies not only outgrow existent legal solutions but also create new problems which challenge legal systems and lawyers. This unit investigates how law interacts with and influences disruptive technologies. It seeks to provide an insight into these challenges and into the responses – possible and given – by domestic and international legal systems. The subject considers current regulatory approaches to technological development in a comparative perspective as well as seeks to clarify legal and ethical questions raised by disruptive innovations. The lectures and tutorials will give students an insight into legal and ethical issues linked to technologies such as digital currencies, e.g., Bitcoins, smart contracts, artificial intelligence, genomics and assisted reproductive technologies, cybercrime, innovations in criminal justice system, regulation of social media e.g., face book, you tube, WhatsApp and others. After accomplishing the course, students will be able to understand the regulatory problems and approaches in the area of new technologies and will possess fundamental knowledge and skills necessary to undertake work or further education in one of the areas covered.
Learning outcomes
To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.
Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.
Explore the graduate capabilities.
Describe and critically evaluate the main legal an...
Learning Outcome 01
Explain the main regulatory approaches applied to ...
Learning Outcome 02
Apply explained regulations to real life situation...
Learning Outcome 03
Research and critical legal analysis of the effect...
Learning Outcome 04
Content
Topics in LAWS459 Law and Innovation will include:
· Technological Innovation and contemporary issues in legal profession
· Technology, Regulation and Regulatory Theories
· Data Protection and Privacy
· Law, Technology and Commercial Transactions
· Law, Technology and Healthcare
· Law, Technology and Criminal Justice System
· Cybercrime
· Social-media and Communications
· Artificial Intelligence and Law
· Innovation and Intellectual Property Law
· International Perspectives on Investigation and Enforcement
Assessment strategy and rationale
The assessment strategy is designed to assess knowledge, skills and understanding in a specialist area of law, and to apply knowledge developed in the compulsory law units to a specialist area of law. The assessment in this unit is made up of three components which includes:
• Tutorial participation and engagement
• Video presentation on a disrupting technological innovation.
• Research Essay/Take-home Exam
The assessment tasks for this unit are designed to demonstrate achievement of each of the learning outcomes listed.
In order to pass this unit, you are required to: must receive a ‘pass grade’ for each of the assessment tasks.
Overview of assessments
Assessment Task 1: Communication and Engagement S...
Assessment Task 1: Communication and Engagement
Students are required to participate skills-based tutorials, in recognition that the development of skills in locating, referencing and analysing research materials is assisted by attendance and participation in weekly tutorials. It will be an active learning environment where each student will get opportunity to contribute to the class. Each and everyone's experience in
20%
Assessment Task 2: Oral/video presentation Studen...
Assessment Task 2: Oral/video presentation
Students are required to prepare an audio-visual/video Presentation on a technological innovation that is creating legal disruption.
40%
Assessment Task 3: Research Assignment/Take-home ...
Assessment Task 3: Research Assignment/Take-home Exam
A research paper/take-home exam will allow the students to deepen the knowledge of a chosen area of the subject
40%
Learning and teaching strategy and rationale
Mode: Lectures, tutorials, electronic consultation, library tasks and presentations or Online lectures and activities.
Duration: 3 hours per week over 12 weeks or equivalent. Students are expected to spend 150 hours in total for this unit.
This level four elective unit allows students to demonstrate knowledge, skills and understanding in a specialist area of law and to use advanced dispute resolution skills.
Our strategy is to encourage students to creatively engage with unit content and to practice advanced dispute resolution skills.
The unit is designed to be delivered in intensive, weekly or online. We have taken a multimodal learning approach to provide accessibility and flexibility to our students and a student-focused approach that increases depth of learning and engagement through actively utilising Canvas.
Representative texts and references
Required Text
Marcus Smith and Gregor Urbas, Technology Law: Australian and International Perspectives (1st edition, 2021, Cambridge University Press).
Suggested Readings:
Richard Susskind, Tomorrow’s Lawyers: An Introduction to Your Future (3rd edition, 2023, Oxford University Press)
Larry A DiMatteo, Christina Poncibo and Michel Cannarsa, The Cambridge Handbook of Artificial Intelligence (1st edition 2022, Cambridge University Press)
Marcus Smith, Technology Law: Cases, Commentary and Materials (1st edition 2022, LexisNexis Australia)
Roger Brownsword, Law, Technology and Society: Reimagining the Regulatory Environment (Routledge 2019)
Roger Brownsword, Eloise Scotford, Karen Yeung The Oxford Handbook of Law, Regulation and Technology (Oxford University Press 2017)
Andrew Murray, Information Technology Law: The Law and Society (4th edition, 2019, Oxford University Press)