76113 Regulating Technologies
6cpRequisite(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.
Detailed subject description.