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Law and Emerging Health 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 a variety of fascinating technologies including genetic, big data analytics, regenerative, therapeutic, artificial intelligence and reproductive technologies. It challenges students to think not only about the future of medicine, but the future of human life itself. Are legal systems dealing with these issues in adequate, legitimate, and strategic ways?
Significantly, the course is not simply for medical lawyers. The syllabus weaves specific technological case-studies with important cross-cutting themes drawn from regulation theory, law reform, and applied philosophy. Those themes are organised so as to provide a framework for critical thinking about regulatory reform and the role of law, lawyers and the medical profession in this process. The themes also impart knowledge and skills relevant to a wide range of industries where law must deal with substantial scientific uncertainty and ethical controversy. Students with interests in privacy, human rights, tort law, IT governance, artificial intelligence, science and technology, family law, and risk regulation are all catered for.
The subject will not be limited to any particular jurisdiction, but focusses on Australian and European law and draws widely on world events. It 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.
Principal topics include:
- Human enhancement, cryogenics and other controversial scientific techniques
- Reproductive technologies ‘old and ‘new’ including IVF, embryo selection, artificial gametes, womb transplants and ectogenesis
- ‘Big data’, data analytics, AI and machine-based learning in healthcare
- Genetic technology, gene editing and personalised medicine
- Future therapeutics
- Regenerative medicine including organ transplants and human stem cell treatments
- Other topical issues that arise while the subject is being taught.
Cross-cutting themes include:
- Challenges of uncertainty, ambiguity, transformative potential and technological ‘drivers’
- ‘Ladders’ of regulatory intervention
- Phases in the maturation of health technology regulation
- Bioethical debates surrounding utility, autonomy, best interests and the public interest
- Limits of informed consent and paternalism as regulatory devices
- Regulatory ‘tourism’
- The purpose and impact of public engagement
- Other recurrent ethical and social issues such as technological exceptionalism and moral relativism
- Different policymaking cultures
- Incentives for innovation with a particular focus on cutting-edge issues in patent law
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 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 common law precedent development, and 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 Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:
- The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
- The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
- The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
- The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
- The ability to work independently and as a part of a group;
- The ability to present orally and in writing legal analysis to a professional standard.
Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.
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%) (29 April)
- Research paper (5,000 - 8,000 words) (80%) (26 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
Principal coordinator Kathy Liddell Mode of delivery On Campus (Parkville) Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 6 March 2019 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 3 April 2019 to 9 April 2019 Last self-enrol date 11 March 2019 Census date 3 April 2019 Last date to withdraw without fail 17 May 2019 Assessment period ends 26 June 2019 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 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 Master of Health and Medical Law Course Master of Law and Development Course Graduate Diploma in Health and Medical Law Course Master of Laws Course Graduate Diploma in Legal Studies Course Juris Doctor - 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.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022