76105 Disruptive Technologies and the Law
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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 70120 Legal Method and Research
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Description
This subject covers the impact that disruptive technologies are having on the type of work that lawyers do and the way that they do it. There are three powerful forces at play in this space.
- Modern technology is changing the way that society does business and the way we relate to each other. As a consequence, technology is changing the way that different types of relationships breakdown and how laws are broken.
- Lawyers are confronted by and need to find new and better ways to manage and make sense of huge quantities of digital information and electronic correspondence.
- Regulators and legal professionals are struggling to keep pace with innovation.
This subject explores these three themes.
More than ever before, lawyers need to be problem solvers. They also need to be adaptive and technically capable.
Tech fluency should be part of every law graduate's armoury and this subject enhances these attributes.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Identify how new technologies are changing, challenging and enabling the way that lawyers work. |
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| 2. | Evaluate new risks, obligations and liabilities arising from the social and commercial use of new technologies, applying existing legal principles, ethical issues and reasoning to disruptive technology case studies. |
| 3. | Collaborate in groups and online to generate ideas and possible solutions to the challenges arising from new technologies. |
| 4. | Prepare and present lightning talks and case studies to the rest of the seminar, based on each of the 12 topics in the subject. |
| 5. | Explore and reflect on the way that disruptive technologies challenge regulators across global jurisdictions, in particular the requirements to know your client and anti-money laundering policies. |
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:
- Ethics and Professional Responsibility
A capacity to value and promote honesty, integrity, accountability, public service and ethical standards including:
a. An understanding of approaches to ethical decision making and professional responsibility;
b. An ability to recognise, reflect upon and respond to ethical issues likely to arise in professional contexts in ways that evidence professional judgment, promote justice and serve the community; and
c. An ability to reflect on and engage constructively with diversity in practice. (LAW.2.1) - 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) - 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: Students’ Preparation for Learning
Students read cases, legislation and articles and listen to TedTalks and similar online resources before attending seminars to prepare for tutorial activities including collaborative discussion and the analysis of hypotheticals.
Strategy 2: Learning through Seminar Discussion and Lightning talks
Each week, students will engage in discussion and oral presentations (including lightning talks) on various aspects of legal issues arising from disruptive technologies, with immediate feedback.
Strategy 3: Online learning
Canvas is where students access material for self-directed learning and engage in student-led discussion on key topics. Students to share their questions and ideas on the open discussion forums and Disruptive Technologies Encyclopaedia (Canvas) and other online forums, with guidance and feedback from the Subject Coordinator.
Strategy 4: Collaborative Problem Solving
All students will collaborate in problem solving exercises in the legal technology context, often considering problems from different points of view, including regulators, legal practitioners and disruptors developing new technologies.
Feedback will respond to students’ problem-solving strategies and modes of expression.
Strategy 5: Ongoing Feedback
Structured feedback is provided individually and to teams within the seminar group. There will also be formative assessment tasks, self-assessment tasks and oral presentations, as well as formal assessments. Detailed guidance as to the assessment criteria and the provision of timely feedback will form an important part of the learning process.
Content (topics)
- Law and Technology: introduction to Disruptive Technologies and the Law and the history of disruption
- Privacy
- Data and Knowledge
- Artificial Intelligence
- Autonomous Machines
- Blockchain
- Smart Contracts
- Cryptocurrencies and Fintech
- Platforms and Connected Devices
- Biotechnology
- Disruptive Legal Technologies
Assessment
Assessment task 1: Seminar attendance and presentations
| Objective(s): | This task addresses the following subject learning objectives: 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.3.1 and LAW.5.1 |
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| Weight: | 20% |
| Length: | Nominally, 1000 words |
| Criteria: | Part A: Class Participation
Part B: Lightning Talk
Weighting: Total 20% Part A: 10% Part B: 10% |
Assessment task 2: Critical Analysis and Self Reflection
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.2.1 and LAW.3.1 |
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| Weight: | 40% |
| Length: | 1500 words total Part A: 1000 words Part B: 500 words |
| Criteria: | Part A: Critical Analysis
Part B: Self Reflection
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Assessment task 3: Take home exam
| Objective(s): | This task addresses the following subject learning objectives: 3 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.2.1 and LAW.3.1 |
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| Weight: | 40% |
| Length: | 2,000 words in total. 500 words per response to each of the 4 problem-solving exercises. |
| Criteria: |
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