76113 Regulating Technologies
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Subject handbook information prior to 2024 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 70102 Foundations of Law OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Description
This subject provides students with the knowledge and skills they need to examine the question of how to best regulate new and rapidly changing technologies — one of the most important and difficult problems confronting governments, regulators and policymakers in Australia and worldwide today.
The subject introduces students to the ‘fundamentals’ of regulation, including rationales for market intervention, theories of why it emerges, its processes, and the public and private actors who have the capacity to regulate. It considers the various tools that may be used (either alone or in conjunction with others) in an attempt to solve regulatory problems precipitated by the deployment of new technologies — tools such as command and control, economic instruments, self- and co-regulation, information disclosure, and education. The subject also considers matters relating to enforcement and compliance and how a regulatory system can be designed to overcome the limits of rules. Issues of legitimacy and accountability raised by the use of innovative regulatory techniques and strategies of enforcement and compliance are explored.
In seminars, students have the opportunity to critically assess key concepts, theories, tools and strategies and apply them to case studies drawn predominantly from the communications and technology sectors. Legal and regulatory practitioners working in these sectors may also give guest presentations.
The subject is of interest to students enrolled in the Legal Futures and Technology major as well as those who are interested in public law and/or intend to work for a regulatory body following graduation. No prior knowledge of technology or regulation is required.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Demonstrate an understanding of, and a capacity to apply, key concepts, ideas, theories, tools and strategies that inform regulatory policy and design. |
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| 2. | Critically analyse and evaluate the strengths and limitations of the theories, tools and strategies that inform regulatory policy and design. |
| 3. | Be able to assess proposals to address current and emerging regulatory issues in the technology sector. |
| 4. | Identify and locate relevant research materials that inform contemporary regulatory debates in the technology sector. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including:
a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1) - Communication
Effective and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
b. An ability to communicate to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. An ability to assess how messages are received and alter communication strategies accordingly; and
e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1)
Teaching and learning strategies
Strategy 1
Class Preparation: In advance of each class, students are expected to prepare by reading set materials and attempting answers to a series of discussion questions.
Strategy 2
Class Engagement: Class discussions will provide students with opportunities to explore, analyse and reflect critically on set materials. During class, students will also be provided with opportunities to apply concepts and principles from those materials to case studies drawn predominantly from the communications and technology sectors. Legal and regulatory practitioners working in these sectors may also give guest presentations.
Strategy 3
Independent research: Students will be able to extend and deepen their knowledge and understanding of material discussed in class by engaging in independent research. Students will be expected to identify and explore a relevant regulatory issue in the technology sector, drawing on material covered in the subject and other appropriate resources, and using reasoned argumentation.
Strategy 4
Feedback: Informal feedback from teaching staff and peers will be provided throughout seminars in response to contributions made, and questions asked, by students. Students may also request informal feedback regarding their seminar participation by completing and submitting an Interim Seminar Participation Self-Evaluation Sheet.
Subject Delivery
The subject will be delivered in block mode by way of face-to-face seminars and online lectures.
In order to be eligible to complete this subject, students must attempt all assessment tasks.
Students must attend a minimum of 70% of the seminars. This requirement can only be waived by obtaining a formal exemption from the Subject Coordinator.
Content (topics)
- The meaning of regulation
- Rationales for regulatory intervention
- Regulatory actors and processes
- Tools and strategies of regulation
- Compliance
- Enforcement
- Regulatory legitimacy and accountability
Assessment
Assessment task 1: Seminar Participation
| Objective(s): | This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1 and LAW.4.1 |
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| Weight: | 20% |
| Criteria: |
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Assessment task 2: Online Quizzes
| Objective(s): | This task contributes specifically to the development of the following graduate attributes: LAW.1.1 and LAW.3.1 |
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| Weight: | 20% |
| Criteria: |
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Assessment task 3: Research Essay Proposal
| Objective(s): | This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1 and LAW.4.1 |
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| Weight: | 15% |
| Length: | 750 words (excluding footnotes and source list). There is no 10% leeway. Penalties will be applied for exceeding the word limit. See Canvas site for further information. |
| Criteria: |
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Assessment task 4: Research Essay
| Objective(s): | This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1, LAW.4.1 and LAW.5.1 |
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| Weight: | 45% |
| Length: | 2,250 words (excluding footnotes and source list). There is no 10% leeway. Penalties will be applied for exceeding the word limit. See Canvas site for further information. |
| Criteria: |
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Minimum requirements
Students must obtain a total of 50 marks or more from all assessment tasks to pass the subject. They do not need to pass each assessment task to pass the subject.