78105 Genetics and the Law
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Subject handbook information prior to 2025 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 70311 Torts OR (70106c Principles of Public International Law AND 70107c Principles of Company Law AND (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)) 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) OR (70108c Public International Law AND 70417c Corporate 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.
Anti-requisite(s): 78104 Genetics and the Law
Description
This subject examines the scope and limitations of existing regulation of genetic technologies with respect to humans. It also considers recent scientific and technological innovations in the area of human genetics and the role and effectiveness of law in managing these new developments. The role of law as a means to control both the development of new genetic technologies and the utilisation of existing technologies is also evaluated. This includes a specific focus on individual decision-making versus responsibility for genetic risk, individual versus group rights, genetic privacy, genetic discrimination, reproductive autonomy, and ownership and control of genetic information and research developments.
Specific issues covered include regulatory limits on the use of genetic screening, including of adults, children and newborns; prenatal genetic testing and genetic testing of adults and children; the regulation of genetic registers, protecting genetic information privacy and the problem of familial information; measures to control genetic discrimination in employment and insurance; the regulation of genetic research through the NHMRC guidelines and other means; regulation of genetics in medical research including gene therapy, inheritable genetic modification, stem cell research and human somatic cell nuclear transfer (cloning technologies); and the establishment of biobanks and the concept of genomic property.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Critically consider, at an advanced level, some of the recent scientific and technological innovations in the area of genetics and the ethical and social justice implications for legal regulatory frameworks. |
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| 2. | Provide a sophisticated understanding of the theoretical material and scholarly work that has been written about these new areas and to encourage students to develop critical responses to that material in light of ethical and social justice concerns. |
| 3. | Be critically aware of the social, economic and political underpinning of legal regulation in this area. |
| 4. | To ask sophisticated questions about how these new technologies may inform our understanding of identity and how that may affect legal categories. |
| 5. | To demonstrate a superior ability to locate, use and cite relevant reference material from both primary and secondary sources relating to this subject. |
| 6. | To be able to evaluate complex interdisciplinary material and apply it to the legal context both in oral form and in a written research essay that shows original insight, understanding of ethical issues, the implications for social justice and demonstrates research skills and writing excellence. |
Teaching and learning strategies
Strategy 1 Preparation
By completing readings and preparatory work specified on Canvas prior to each class, students establish a strong foundational understanding of key issues and controversies of genetics law. Preparation allows students to better engage with complex content. As part of preparation, students are required to respond to questions prior to class. Students receive ongoing feedback on their understanding of core concepts by active participation in class discussion, which involves engaging with the teacher and peers.
Strategy 2 Learning through simulated practice as a genetics lawyer
Throughout the session, students will engage with legal problems which simulate professional practice as a genetics lawyer. This facilitates the application of law in a professional context, and requires students to incorporate factors beyond the mere application of law to the facts – for example, stakeholder interests, ethical issues, and biomedical advances. Through this process, students develop interpretation, analysis and problem-solving skills while advancing their legal knowledge of precedent cases and legislation.
Strategy 3: Guest speaker presentations to provide practical insight and industry context
The subject will feature a number of practitioners as guest speakers. Expert guests are invited to deliver lectures on specific biomedical dilemmas. The guest speakers will provide practical context to the legal, ethical and practical issues covered in each week’s material.
Strategy 4 Mastery of a subject matter via research essay
Students achieve a sophisticated understanding of genetics law via completion of a research essay. By undertaking research into a specific area of genetics law, students are able to grasp and grapple with complex issues in the field, and make suggestions for improvements to the field.
Strategy 5 Feedback to encourage critical reflection and self-improvement
Feedback is provided throughout the session by teachers and peers. Feedback comes in a number of forms, including responses to completed preparatory questions and discussion during class. Students are also encouraged to deepen their understanding of subject content by posing questions to teachers and peers throughout the session. Formal feedback is provided by teachers for each assessment. Informal feedback is provided via in class and online discussion with peers and the teacher.
Content (topics)
- The Cult of the Gene
- Genetic Justice
- Crimes and Genes
- DNA as Evidence
- Genetic Discrimination
- Genetic Privacy
- Genetic Testing generally
- Preimplantation testing and prenatal testing
- Biobanks and Genomic property, Commercialisation and Patenting the Gene
- Group rights, genetic identity and race
- New Innovations and their Legal Implications
Assessment
Assessment task 1: Class Presentation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: .1 and .1 |
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| Weight: | 20% |
| Length: | Equivalent to 1,000 words |
| Criteria: |
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Assessment task 2: In-class presentation and write up
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 6 This task contributes specifically to the development of the following graduate attributes: .1, .1 and .1 |
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| Weight: | 40% |
| Length: | Equivalent to 2,000 words |
| Criteria: |
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Assessment task 3: Research Essay
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 5 and 6 This task contributes specifically to the development of the following graduate attributes: .1 and .1 |
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| Weight: | 40% |
| Length: | 3,500 words |
| Criteria: |
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Required texts
A list of eReadings will be available in the library digital reserve. Supplementary readings will be provided as needed.