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Health Law and Emerging Technologies (LAWS70421)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
April
Lecturer
Dr Kathy Liddell (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | April |
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Fees | Look up fees |
This subject will examine ways in which law is affecting, and being affected by, the latest advances in medical technology. It will cover genetic, big data, regenerative, pharmaceutical and reproductive technologies. See below for examples of some of the pressing concerns facing health service providers, government agencies, other regulatory bodies, academics in many fields and, more broadly, society.
- Genetic technology and personalised medicine
- Does/should the law criminalise inheritable gene-editing?
- Who is/should be liable when genetic analysis goes wrong?
- Can/should genetic information be shared with relatives?
- Big data
- Do companies like Google have too much access to patients’ personal health data?
- Are biobanks and genomic repositories appropriately regulated?
- Regenerative medicine
- Does/should the law allow stem cell research with embryos?
- Should we allow face and womb transplants?
- Why doesn’t the law allow you to buy a kidney to save your life?
- Reproductive medicine
- Does the law sufficiently regulate IVF providers?
- For which medical conditions is/should pre-natal diagnosis be allowed?
- Pharmaceuticals
- Does the law appropriately regulate clinical trials and marketing of new drugs?
- Does the law provide sufficient and appropriate intellectual property incentives for the discovery of new drugs?
Discussion will weave specific case studies with larger, cross-cutting themes that apply generally to the legal regulation of emerging technologies. Discussion will not be limited to any particular jurisdiction but will draw widely on world events.
The subject will be taught by Dr Kathleen Liddell, Director of the Centre for Law, Medicine and Life Sciences (Cambridge), who has more than 20 years’ experience in academia, legal practice, law reform, policy advice and ethical analysis.
This subject provides a critical examination of a range of new developments in medicine and science. In particular, it examines ways in which law is affecting, and being affected by, new technologies such as genetic, big data, regenerative, pharmaceutical, and reproductive technologies. Students will choose a topic for focused research and writing, and in class we will discuss legal issues and law reform relating to:
- gene-editing, cryogenics and other emerging scientific techniques
- pharmaceutical research, incentives and getting new drugs to market
- assisted reproduction and pre-natal diagnosis
- large commercial companies accessing big health data
- genetic technology and personalised medicine
- regenerative medicine: organ transplants and human stem cell research
- other topical issues that arise later and while the subject is being taught.
The following cross-cutting themes will be discussed in class and may form a central theme in students’ dissertations:
- Balancing autonomy, best interests and the public interest
- Limits of informed consent as a regulatory device
- Other recurrent ethical and social issues
- ‘Ladders’ of regulatory intervention
- Different policymaking cultures
- Legal incentives for emerging technologies
- Typical causes of action (property, tort, negligence, criminal law, statutory breaches).
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the medical or scientific basis of the various emerging technologies considered in the classes.
- Be able to critically evaluate, analyse, interpret and assess relevant ethical and legal issues arising from those technologies.
- Have an advanced understanding of issues of human rights, equality of access to health care and potential discrimination that may arise in emerging technologies, including in an international context
- Have examined a range of legislation and law reports in order to understand underlying principles that may be relevant when new technologies emerge, particularly when there seem to be no applicable legal principles in an emerging area.
- Have the cognitive and technical skills to generate critical and creative ideas, and to critically evaluate existing legal theories, principles and concepts
- Be able to suggest and evaluate legal and other changes that may be appropriate to regulate emerging technologies.
- Have an advanced understanding of the factors and processes driving parliamentary revision of the legal framework; and other means of achieving regulatory change, such as ethical and professional guidelines.
- Have advanced communication skills to clearly articulate and convey complex information to specialist and non-specialist audiences; and to be an engaged participant in ongoing debates regarding emerging and contemporary issues in the field.
- Be able to critically analyse ethical and legal issues arising from new technologies in a detailed, fully referenced research essay.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- Class presentation (10 mins) (10%) on a topic allocated by the subject coordinator
- Presentation paper (1,500 words) (10%) (30 April)
- Research paper (5,000 - 8,000 words) (80%) (27 June) on a topic approved by the subject coordinator
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- April
Mode of delivery On Campus (Parkville) Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 7 March 2018 Pre teaching requirements The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 4 April 2018 to 10 April 2018 Last self-enrol date 12 March 2018 Census date 4 April 2018 Last date to withdraw without fail 18 May 2018 Assessment period ends 27 June 2018 April contact information
Lecturer
Dr Kathy Liddell (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Graduate Diploma in Legal Studies Course Graduate Diploma in Health and Medical Law Course Juris Doctor Course Master of Health and Medical Law Course Master of Law and Development Course Master of Laws - Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 3 November 2022