UCD School of Law An Scoil Dlí UCD handbook 08-09.pdfinstitution. The LLM Dissertation must also be...

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UCD School of Law

An Scoil Dlí UCD

LLM Handbook 2008/9

Please note that this handbook will be updated electronically during the year.August 2008

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UCD School of LawWelcome to UCD School of Law.

The School occupies a position of unique importance and significancewithin Irish legal education: it is the largest and most richly diversifiedlaw school in the State and its graduates occupy some of the mostdistinguished positions in Ireland in the fields of law, business andpolitics. UCD School of Law is justly proud of the high caliber of itsstudent body and the enormous contribution its graduates have madeand are making both nationally and internationally. Our research andpost graduate degrees form a key part of school’s activities. They enrichits scholarly standing both nationally and internationally and make amajor contribution to the advancement of our legal knowledge andunderstanding

UCD School of Law is committed to achieving excellence in bothteaching and research and to providing a rich, vibrant and friendlyenvironment for its student body. It is committed to broadening itsoverall academic mission and to enhancing the educationalopportunities for its student body.

Professor Joseph McMahonInterim DeanUCD School of Law

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Aims

The LLM Programme aims to enrich students’ legal analytical, research and writingskills through the study of a range of subjects and the writing of a Dissertation.Students are expected to graduate having expanded and deepened their understandingand knowledge of law and having achieved greater specialisation in Commercial,European or Criminal Law.

Learning Outcomes

The overall learning outcomes of the Programme include development of advancedlegal research skills, the ability to communicate results of research includingpresentations, debating and writing of both term papers and dissertations; the abilityto identify and analyse problems with a legal perspective and the learning of IT skillsnecessary to facilitate these tasks including the use of bibliographic software and theuse of data bases and search engines. Students also develop the skills to read beyondlegal doctrine and to evaluate the relevance and importance of other disciplines fortheir own legal analysis.

The Curriculum Structure

This is the third year of the modularised LLM Programme, following modularisationacross UCD for all taught Masters Programmes. The format and design is radicallydifferent from previous years. The Programme is now compliant with the Bolognaprocess which aims to create a common European education space where nationaleducational standards converge sufficiently so as to allow for mutual recognitionbetween different national university education systems seehttp://ec.europa.eu/education/policies/educ/bologna/bologna_en.html.

How to Graduate

In order to graduate, fulltime one year students must complete sufficient modules toacquire 90 credits. Of these 90 credits, 60 credits are to be acquired through takingsubstantive courses and 30 credits to be acquired by submitting a Dissertation.IT IS THE RESPONSBILITY OF EACH STUDENT TO ENSURE THATMODULES CHOSEN ADD UP TO 90 CREDITS.

Under the University regulations, full-time students normally pursue 30 credits ineach of the first and second semesters. A student may pursue a greater or lessernumber of credits in a single semester, but cannot choose more than 40 credits or lessthan 20 credits in any one semester. The approval of the Law Graduate TaughtProgrammes Board (the “Programmes Board”) is required thus; any student seekingto deviate from 30 credits per semester MUST apply to the LLM ProgrammeCoordinator.

The LLM is designed as a full-time one year course but the Law School admits asmall number of part- time students each year. Students taking the course over 2years normally pursue 30 credits in taught modules in each academic year and

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complete the 30 credit Dissertation by the end of the second year. A part- timestudent may pursue a greater or lesser number of credits in a year, up to 40 credits butnot less than 20 credits in any one year. The approval of the Programmes Board isrequired thus; any student seeking to deviate from 30 credits per semester MUSTapply to the LLM Programme Coordinator.

Please note that all modules for semester I must be selected by the third week ofterm in September 2008. A fine will be imposed by the University on any studentwho has not registered for their modules by this date. There will be an opportunity tomake changes to semester II modules at the end of semester I.

If a student wishes to secure an LLM (European) s/he must take at least 30 credits ofEuropean Law modules and additionally write on a subject within the field in theirdissertation. European Law students develop expertise in EU Law informed bydoctrinal, governance and practical trends. To secure an LLM (Commercial) a studentmust undertake at least 30 credits of Commercial Law modules and additionally writeon a subject within the field in their dissertation. To secure an LLM (Criminology andCriminal Justice) a student must undertake at least 30 credits of Criminology Lawmodules and additionally write on a subject within the field in their dissertation.

It is the responsibility of ALL students to ensure that their other commitments allowthem to attend their seminars/lectures, complete written assignments on time and toattend examinations as scheduled.

For details of the University regulations seehttp://www.ucd.ie/registry/academicpolicy/academic_regs.pdf

Student Assistance

Your first port of call for any queries relating to your studies in the LLM Programmeis this LLM handbook which will be updated regularly and will be availableelectronically. If having consulted the handbook and checked the university website,you are unable to find the answer to your query you may then consult the GraduateProgrammes Manager, Ms Niamh McCabe email [email protected]

The Law School recognises that students have a life beyond the academy and thatthere may be personal matters that arise that inhibit their ability to fully participate inthe programme. Should any such issues arise for students they are advised to contactthe Student Advisers assigned to the Law School. The student advisor is NadiaClarkin and she can be contacted at [email protected] or 01 7168790 or 0879394163 and her office is located in Room 127 in Roebuck.

Student Representation

The Law Graduate Taught Programmes Board is responsible at the School level forthe running of the LLM Programme. It meets at least twice a semester. Two studentrepresentatives will be asked to nominate themselves at the start of the year and theymeet with the Chair of the Board before each meeting to discuss matters of interest,

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having already approached fellow students for their views. These matters are thendiscussed and followed up at the Programmes Board.

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The Dissertation

One of the most important innovations in the revised LLM Programme is therequirement of successful completion of a dissertation between 12,000 and 15,000words to the value of 30 credits. The upper limit is intended to accommodate theDissertations which contain substantial content on methodology, for example socio-legal research. The submission date will be in August 2009*. The Dissertation is anindependent research project supported in three different ways in the School:

Dissertation seminars are scheduled during Semester Two with a focus onskills training and assessment techniques.

The LLM Student Adviser, Mr Cormac Behan, [email protected] isavailable for two hours a week in the second semester to provide advice on aone-to-one basis to students on research and writing skills.

Academic staff are available to LLM students during office hours and/or byappointment to discuss dissertations. You can see details of staff members’areas of expertise via their profile pages at:http://www.ucd.ie/law/staff_home.htm. Note that students are not assignedsupervisors. Each student is expected to consult academic staff to discuss theAbstract and the Dissertation. Typically, a student should arrange to have onemeeting to discuss the proposed research question by January/February andone subsequent meeting for more detailed discussions on the literature andanalysis. As an independent piece of research it is not envisaged that staff willread drafts.

The research topic may be drawn from any area of law of which an academic memberof staff approves. However, students must ensure that it does not substantially overlapwith any topic for assessment undertaken by the student in their taught modules.Neither must the topic coincide with one submitted in any form at any otherinstitution. The LLM Dissertation must also be written on a subject within the chosenstream i.e. if doing an LLM in European Law the Dissertation must be within the fieldof European Law.

The final grade for the Dissertation (30 credits) comprises three components. Up to5% will be awarded for a poster which must be submitted by week 3 of semester 2.Credit up to a maximum of 10% of the final grade of the Dissertation is awarded tothe Abstract which must be submitted at the end of week 6 in semester 2. After theAbstract submission date, a student is not prohibited from changing his research focusbut should note that deviations will jeopardise the award of the 5% credit allocated tothe poster and the 85% credit allocated to the Dissertation.

Further information and guidance on the Dissertation will be provided via theDissertation seminar in Semester 2 and on the Dissertation Seminar Blackboard

*Please note that this date may change subject to University Regulations.

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Academic Year 2008/2009Semester 1

First Year Registration & Orientation Monday 1st Sept. - Friday 5th Sept. Varies depending oncourse

Teaching Term Monday 8th Sept. - Friday 28th Nov.* 12 Weeks

Revision Monday 1st Dec. - Sunday 7th Dec. 1 Week

Exams Monday 8th Dec. - Friday 19th Dec. 11 Working Days

Christmas Break Monday 22nd Dec. 2008 - Sunday 4th Jan.2009

Exam Process ** Monday 5th Jan. - Friday 16th Jan.

Semester 2

Teaching Term Monday 19th Jan. - Friday 6th March 7 Weeks

Fieldwork / Study Period Monday 9th March - Sunday 22nd March *** 2 weeks

Teaching Term Monday 23rd March – Friday 24th April**** 5 Weeks

Revision Monday 27th April - Sunday 3rd May 1 week

Exams Tuesday 5th May***** – Saturday 16th May 11 Working Days

Exam Process ** Monday 18th May - Friday 29th May

Summer Term/Research Period

Term Monday 18th May - Friday 28th August****** 15 Weeks

Exam Period for derogationsapproved by ACEC

Monday 10th August – Saturday 15th 6 Working Days

Exam Process** Monday 17th August – Friday 28th August

*October Bank Holiday: Monday, 27th October 2008

** Incorporates Grading, Grade Entry, Processing, Programme Boards

*** St Patricks Day: Tuesday, 17th March 2009

****Good Friday 10th April 2009;Easter Sunday 12th April; Easter Monday 13th April

***** May Bank Holiday: Monday, 4th May 2009

******June Bank Holiday: 1st June 2009;August Bank Holiday: 3rd August 2009

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Facilities

UCD Connect Account

A UCD Connect account will have the same username and passwordthat you use to access the UCD network. If you do not know yourusername or password, contact the Helpdesk at ex 2700.

UCD Connect

Getting Started

You can access UCD Connect using a Macintosh or PC provided you have all of thefollowing:

1. A UCD Connect account2. Compatible Internet browser3. Messenger Express and Pop-Ups4. Windows 2000 High Encryption Pack5. Logging into UCD Connect6. Exiting UCD Connect

1. You must have a UCD Connect accountA UCD Connect account will have the same username and password that you

use to access the UCD network. If you do not know your username orpassword, contact the Helpdesk at ext. 2700.

2. Check to see if your Internet browser is compatibleThe following table outlines which version of browser is suitable for the

operating system you are working with.

Operating SystemBrowser

Windows Macintosh

Internet Explorer 6.0 SP2 N/A

Netscape 7.2/8.1 7.2 for OS 10.37.02 for OS 9

Firefox 1.5 1.5 for OS 10.3

Safari N/A

1.3.9 for OS 10.3

2 for OS 10.4

Messenger Express and Pop-UpsMany browsers contain software that block pop-up windows. If your blocking

software is set to block all pop-ups, then you will not be able to use the

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Messenger Express email. You need to permit pop-ups from imap.ucd.ie.Click here to see more information about configuring pop-ups.

3. If you are having difficulties connecting to UCD ConnectIf you are working on Windows 2000 you may have the wrong encryptionpack installed in your web browser. Windows 2000 requires the high

encryption pack in order to access UCD Connect successfully. To find outif the high encryption pack is installed on your computer please do the

following:

· Right click on the My Computer icon and properties· If the operating system information shows that SP1 or higher is installed,

the high encryption pack is also installed.

If the correct version is not installed, you can install the high encryptionpack by selecting Windows Update from the Start menu.

Logging inTo log into UCD Connect:

· Launch the Internet browser· Go to www.ucd.ie

· Enter your username and password in the panel on the left· Click OK or press Enter.

· The Home tab will be displayed. This is your starting point for all theservices provided through UCD Connect.

Exiting UCD ConnectIt is very important that you log out of the system correctly. If you click on

the logout button on the top right-hand-side, you will exit the systemproperly.

http://www.ucd.ie/computing/ucdconnect/gettingstarted.html

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Library

The law library in Belfield is located in The James Joyce Library opposite the lakeand adjacent to the Newman Building. The Library operates an automated accesssystem for which a valid Library card is required to both enter and exit the Library.Readers without a valid Library card should ensure that they visit the library when theadmissions desk is open. For more information go to http://www.ucd.ie/library and forinformation relating to specifically to Postgraduate students seehttp://www.ucd.ie/library/services_&_facilities/pgpage.htm

Computer rooms

There is a Law Computer Room for students in Roebuck Castle. For more informationon UCD IT services see: http://www.ucd.ie/itservices

Study Space

There are study areas available in Roebuck Castle, located near the student computerroom.

AccommodationFor further information on available accommodation on the UCD Belfield campus goto: http://www.ucd.ie/residences

Campus MapFor a map of the UCD Belfield Campus go to:http://www.ucd.ie/images/subpage/maps/campusmap05.jpg

Restaurants/cafesThere is a café in Roebuck Castle (and also in the Quinn School of Business), withfull meals available at the UCD restaurant.

Campus BookshopThis is located near the library building here in Belfield.

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LLM Teaching Staff –

Name Contact DetailsMs JoanneBlennerhassett

[email protected]

Dr Gavin Barrett [email protected]

Prof. Blanaid Clarke [email protected]

Dr Marie-Luce Paris-Dobozy

[email protected]

Mr. Vivion Gill [email protected]

Mr Brian Hutchinson [email protected]

Ms Mary CatherineLucey

[email protected]

Prof John Matheson

Prof Finbarr McAuley [email protected]

Prof Ian O’Donnell [email protected]

Mr T.J. McIntyre [email protected]

Prof. Joe McMahon [email protected]

Prof. Imelda Maher [email protected]

Ms Maire NiShuilleabhain

[email protected]

Mr John O’Dowd [email protected]

Prof. Colin Scott [email protected]

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Taught LLM Graduate Team

Mr Anthony Kerr, Chair of the Law Graduate Taught Programmes BoardRoom 014

[email protected]

TJ Mc Intyre, Taught LLM Programme Coordinator,Room 114

[email protected]

Joanne Blennerhassett, Taught LLM Exams Officer,Room 111

[email protected]

Ms. Niamh McCabe, Programme Manager,

[email protected]

Mr. Cormac Behan, LLM Student Adviser,

[email protected]

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The following important ‘Briefing on Academic Integrity and Plagiarism’ has beenextracted from University’s website.

A Briefing for Students on Academic Integrity and Plagiarism

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INTRODUCTION

Students at UCD are expected to adhere to the highest standards of academic integrity andhonesty. The work you submit to the University for assessment must be your own work. Youwill complete a wide variety of assignments during your time in University. This short guidehas been developed to help you understand the importance of academic integrity in thepreparation of your assignments. It is in two parts:

A question and answer section which explains: academic integrity; plagiarism andhow to ensure that your work meets the University’s standards;

A section with the University’s formal statement, policy and procedures for plagiarism.

SOME QUESTIONS AND ANSWERS

What is academic integrity?

As part of your learning experience you will have a number of assignments to complete1.Assignments are designed to help your learning and understanding of your subject byrequiring you to demonstrate, through the completion of an assessment task, how well youhave engaged with and understood the material you have studied. Assessment tasks willvary from subject to subject and can range from problem-solving to reporting on experimentaldata to the development and presentation of coherent and cogent arguments.

It is expected that in producing an assignment, you may need to read and gather informationfrom a range of sources including books, journals, official reports, newspapers or materialfrom the Internet as well as ideas generated in discussion with colleagues and other students.When presenting your assignment on a topic it is really important to do two things:

Be explicit about any material or ideas presented by other people that you haveincluded in your assignment;

Acknowledge the information that you have used to inform your assignment byincluding a complete list of references.

These actions are the basis of good practice in the presentation of your assignment and theyshow academic integrity on your part. It means that you are being honest about showing howthe work of others has helped you to form your own understanding and explanation of a topic.

Why is academic integrity important?

The sort of knowledge you are dealing with in University doesn’t just happen and it is notsimply a set of facts! Knowledge is created progressively by the work of academics andstudents in analysing, evaluating and interpreting existing theories and data presented byothers. Academics and students work and rely heavily on established sources of knowledge

1 The term assignment covers all forms of assessment required as part of a module, course orprogramme and its range includes, essays, papers, presentations, laboratory reports, theses andexaminations.

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to generate new ideas, but in doing so they observe academic integrity by giving creditformally, to the ideas they have used. You will probably notice your lecturers doingsomething similar, by quoting the ideas of another writer and then giving their interpretation ofthat information, during the course of a lecture, seminar or tutorial.

When you present any assignment, you must ensure that you acknowledge any ideas, whichare not your original thoughts, ideas or words. If you are careless about doing this, youcould be accused of plagiarism.

What is plagiarism?The University understands plagiarism to be the inclusion of another person’s writings orideas or works, in any formally presented work (including essays, theses, examinations,projects, laboratory reports, oral, poster or slide presentations) which form part of theassessment requirements for a module or programme of study, without dueacknowledgement either wholly or in part of the original source of the material throughappropriate citation.

Plagiarism is a form of academic dishonesty. In any assignment, plagiarism means that youhave presented information or ideas belonging to someone else falsely as being your ownoriginal thoughts on a subject. This may happen in a number of ways, and these areexplained further below, but in general there are two main ways in which you could potentiallyplagiarise:

By incorporating ideas phrases or whole sections of text in your assignment, whichhave been written by somebody else, without using quotations marks or citing thesource of the material;

By failing to use proper citation methods which show all of the material you consultedin researching your assignment

What constitutes plagiarism?

Plagiarism can take many forms and the University deems it to include any of the following:

Presenting work authored by another person: including other students, friends,family, or work purchased through internet services;

This could include getting someone else to write part or all of your assignment, using anassignment written by another student, including work by students from previous years ofyour programme, copying the work of another student or buying an essay from the internet.Getting your parents or anyone else to write your assignment is not allowed.

Tip: essays bought from the internet are poor value as they are not customised, can be badlywritten and are often inaccurate.

Presenting, without using quotation marks and appropriate citation, workcopied extensively with only minor textual changes from the internet, books,journals or any other source;

It is absolutely acceptable to use somebody else’s arguments or points of view to supportyour presentation of a topic in an assignment. In fact, it is expected that you will wish toincorporate the ideas of others into your work but in doing so you must be explicit that theinformation included is not your own original thought.

Tip: If you use any text directly from another source, it must be in quotation marks withappropriate citation. .

Improper paraphrasing, where a passage or idea is summarised without dueacknowledgement of the original source;

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If you want to use somebody else’s idea indirectly as an illustration of the argument you aremaking, be careful that you express it as a short summary or paraphrase of their argumentand acknowledge that it is not your own original idea, but, by citation or reference, indicate theoriginal source.

Tip: It is not acceptable to change a few words of phrases from someone else’s text, and thenpresent the idea with citation. A paraphrase means you express the idea directly in your ownwords, and you must also include a reference to the original source.

Failing to include citation of all original sources;

If you do not include all information that you have consulted, in researching a written piece ofwork, in your list of references you could be accused of plagiarism. References shouldinclude all books, journals, official reports, newspapers or material from the Internet, whichinformed the presentation of your assignment.

Tip: If you use information from the Internet, include the URL in your reference list and in [ ]brackets indicate that date on which you accessed the information.

Representing collaborative work as one’s own.

You might be part of a study group, you may spend time discussing an assignment with afellow student or you may be involved in some form of group work. You need to be reallycareful that if you are involved in group work you are familiar with the assessment task andthe assessment criteria, so that you can show what your individual understanding or efforttowards the task is. If you discuss an assignment with a fellow student, you need to beconscious that when you write up your assignment you are expressing your own ideas not theopinions expressed by your fellow student.

Tip: Sometimes when students study together, ideas can be borrowed from one to anotherquite unconsciously. It is normal (and desirable) to form opinions and critical viewpointsthrough debate and discussion but be clear about your own opinion!

Some examples of plagiarism2

Read the extract below, which is taken from page 96 of Arnold, J.,Cooper, C.L. and Robertson, I. (1995) Work Psychology, London: Pitman

There are a range of problems faced by minorities in theworkplace. First, the selection and recruitment process is biasedagainst them in one form or another. Second, they have very fewrole models in the work environment, who could mentor them andsocialize them towards organizational life. Third, they do not getthe feedback they need in terms of performance appraisal to guidethem through the turbulent waters of their careers.

Example 1:

There are a range of problems faced by minorities in the workplace.First, the selection and recruitment process is biased against them inone form or another. Second, they have very few role models in thework environment, who could mentor them and socialize them towardsorganizational life. Third, they do not get the feedback they need in

2 Abridged, examples taken from the University of Essex,http://www.essex.ac.uk/plagiarism/Test.htm [accessed 19September 2005]

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terms of performance appraisal to guide them through the turbulentwaters of their careers.

Comment: This is an instance of plagiarism, as the extract has beencopied word for word and has not been acknowledged as the work ofanother author.

Example 2:

There are a range of difficulties faced by minorities at work. First, theselection and recruitment process is biased against them in some way.Second, they have few role models in the organisational context, who couldmentor and socialise them regarding organisational life. Third, they don't getthe feedback they need on their performance to guide them through thechoppy waters of their careers.

Comment: This is an instance of plagiarism, as the extract has been copiedalmost word for word with only minor changes. The text has not beenacknowledged as the work of another author.

Example 3:

Arnold et al. (1995: 96) suggest that: "There are a range of problems facedby minorities in the workplace. First, the selection and recruitment process inbiased against them in one form or another. Second, they have very few rolemodels in the work environment, who could mentor them and socialise themtowards organisational life. Third, they do not get the feedback they need interms of performance appraisal to guide them through the turbulent waters oftheir careers."

Comment: This is not plagiarism, the extract is presented as a directquotation and acknowledged as the work of another author.

Example 4

Minorities of whatever sort are presented with a number of difficulties in theorganisational context. For example, performance appraisal often does notmeet their needs in terms of providing guidance on career development. Theways in which organisational personnel are selected and recruited are oftencharacterised by racism, sexism, homophobia etc. Finally, the lack of peopleof colour, women and other members of minorities in senior positions oftenmean that those lower down the organisation cannot get the mentoring andsocialisation they need at work (Arnold et al., 1995: 96).

Comment: This is not plagiarism, the extract is presented as a indirectquotation and acknowledged as the work of another author

Can plagiarism be unintentional?The cause of plagiarism may arise from a range of situations: not having enough time tocomplete an assignment properly before submission; carelessness in referencing (rather thandeliberate attempt to conceal information sources) or a lack of understanding of the correctmethods of referencing background material. However none of these are valid excuses.Plagiarism is defined by the action rather than the intention.

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In other words you need to be really careful that when you present any assignment, youdistinguish between your own writing, opinions or data and the writing, opinions or dataexpressed by others. All students are responsible for being familiar with the University’s policystatement on plagiarism and are encouraged, if in doubt to seek guidance from an academicmember of staff. Plagiarism is a serious academic issue and alleged instances of plagiarismwill be investigated thoroughly by the university.

How is plagiarism detected?

All of your lecturers will be familiar with the references in your subject area, they are quitelikely to recognise particular phrases, sentence constructions and even paragraphs as partsof well known published works, particularly where they are not referenced properly. Inaddition it is routine practice in the University to use electronic detection sources to identifyinstances of plagiarism, which includes similarities between work authored by differentstudents as well as information derived from the Internet. You also have to remember that alecturer or tutor will correct a whole range of assignments and that their familiarity with therange of work presented will allow them easily to detect similarities in students’ work.

What happens if I plagiarise?

The University has formal disciplinary procedures for dealing with instances of plagiarism,which may result in penalties being applied, as outlined in sections 7-10 of The Student Code,available at www.ucd.ie/studentguide . You should read the University’s plagiarism statementand procedures. In addition you should seek the advice of your lecturers.

UCD PLAGIARISM STATEMENT, PLAGIARISM POLICY ANDPROCEDURES

UCD PLAGIARISM STATEMENT

The creation of knowledge and wider understanding in all academic disciplines depends onbuilding from existing sources of knowledge. The University upholds the principle ofacademic integrity, whereby appropriate acknowledgement is given to the contributions ofothers in any work, through appropriate internal citations and references. Students should beaware that good referencing is integral to the study of any subject and part of good academicpractice.

The University understands plagiarism to be the inclusion of another person’s writings orideas or works, in any formally presented work (including essays, theses, projects, laboratoryreports, examinations, oral, poster or slide presentations) which form part of the assessmentrequirements for a module or programme of study, without due acknowledgement eitherwholly or in part of the original source of the material through appropriate citation. Plagiarismis a form of academic dishonesty, where ideas are presented falsely, either implicitly orexplicitly, as being the original thought of the author’s. The presentation of work, whichcontains the ideas, or work of others without appropriate attribution and citation, (other thaninformation that can be generally accepted to be common knowledge3) is an act of plagiarism.It can include the following:

1. Presenting work authored by a third party, including other students, friends, family, orwork purchased through internet services;

2. Presenting work copied extensively with only minor textual changes from the internet,books, journals or any other source;

3 Common knowledge refers to information, which is generally known and does not require to beformally cited in a written piece of work. Each subject area will have its own set of common knowledge.

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3. Improper paraphrasing, where a passage or idea is summarised without dueacknowledgement of the original source;

4. Failing to include citation of all original sources;5. Representing collaborative work as one’s own;

Plagiarism is a serious academic offence. While plagiarism may be easy to commitunintentionally, it is defined by the act not the intention. All students are responsible for beingfamiliar with the University’s policy statement on plagiarism and are encouraged, if in doubt,to seek guidance from an academic member of staff. The University advocates adevelopmental approach to plagiarism and encourages students to adopt good academicpractice by maintaining academic integrity in the presentation of all academic work.

UNIVERSITY PLAGIARISM POLICY

1. Plagiarism is a serious academic issue and the University will examine all allegedinstances of plagiarism thoroughly and apply such penalties as it considersappropriate where plagiarism is confirmed to have taken place;

2. Alleged cases of plagiarism should be examined carefully to establish the facts andrelative context of the alleged offence taking into account the nature and extent ofplagiarism as well as the experience and seniority of the student;

3. The University statement on plagiarism and associated procedures will be published,available widely and accessible to all staff and students;

4. Prior to the submission of assessments, students will be briefed on plagiarism byacademic staff and will be provided with information about the accepted citationmethods for all assessed work in their subject area;

5. All assignments will have a plagiarism declaration which indicates that the workpresented is that of the students’;

6. Each Head of School will ensure that appropriate advisory arrangements are in placeto promote academic integrity in the subject area and to provide guidance oninstances of plagiarism. This responsibility may be vested in a nominated individual;

7. Each School will periodically evaluate its arrangements for dealing with plagiarism toensure that where any recurrent patterns of plagiarism emerge, either in the case ofindividual students, or groups of students, its overall approach is appropriate andcapable of ensuring that any further recurrences are addressed;

8. Suspected instances of plagiarism should be assessed within the School and adetermination made as to whether the matter may be resolved at a local level orwhether a referral to the Registrar under the University’s disciplinary procedures isrequired;

9. The University reserves the right to use electronic and other detection mechanisms toidentify instances of potential plagiarism and any work submitted for assessment maybe subject to electronic or other detection procedures;

10. Records will be retained of all instances of plagiarism and will be held on a student’srecord on the University Student Information System.

PLAGIARISM PROCEDURES

1. Where an examiner detects a suspected instance of plagiarism in a student’sassignment or examination, taking account of the specific context and nature ofthe case, any of the following courses of action may be followed:

a. Discussion directly with the student to provide advice about correctcitation and how to avoid plagiarism in the future. The student may berequired to resubmit the work with or without any further penalty;

b. Referral of the alleged instance for review according to the School’splagiarism advisory arrangements. The student may receive a verbal or

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written warning, will receive advice about correct citation and may berequired to resubmit the work with or without an academic penalty;

c. Referral of the alleged instance to the University Registrar for resolutionvia the University’s disciplinary procedures. In some contexts, a firstinstance may require referral directly to the Registrar.

2. Where an alleged case is referred to the School or the University, a short reportoutlining the grounds of suspicion, a copy of the piece of work and any supportingevidence should be provided;

3. In all cases of referral the student should be informed by the School or theRegistrar’s Office, as appropriate, that their assignment or examination script isunder scrutiny as an alleged instance of plagiarism;

4. In all cases of referral students will have the right to support and representationsuch as that provided by the Students’ Union;

5. Where a case of plagiarism referred to the School has been proven, the outcomeof the case should be recorded on the student’s record by the School;

6. Where a student has been referred previously to the School and found to be inbreach of the terms of the University’s plagiarism statement, the School will makea judgement as to whether a recurrence can be handled at a local level orwhether it merits being handled as a disciplinary matter by the Registrar;

7. Instances of plagiarism referred to the Registrar for resolution under theUniversity’s disciplinary procedures, if established, will be subject to the followingpenalties which may be applied in whole or in part:

a. Re-submission, where the maximum grade awardable is D- or equivalent;b. Exclusion from the module;c. Exclusion from the programme;

8. Where a case of plagiarism referred to the Registrar has been proven, theoutcome of the case will be detailed on the student’s record by the Registrar’sOffice.

References:Carroll, J. (2002) A Handbook for Deterring Plagiarism in Higher Education (Oxford, Oxford

Centre for Staff and Learning Development).

Levin, P. (2003) Beat the Witch-hunt! Peter Levin’s Guide to Avoiding Plagiarism andRebutting Accusations of Plagiarism, for Conscientious Students(http://www.study-skills.net/plagiarism.pdf) [accessed 1st September 2005]

National University of Ireland, Galway (NUIG) Code of Practice for Dealing with Plagiarism(http://www.nuigalway.ie/student_life/university_code_conduct/code.html#1.1)[accessed 1st September 2005]

Park, C. (2004) Rebels without a Clause: towards an institutional framework for dealing withplagiarism by students, Journal of Further and Higher Education, 28(3), pp.291-306.

Stefani, L. & Carroll, J. (2001) A Briefing on Plagiarism, LTSN Generic Centre AssessmentSeries No: 10.

University of Bath, Library and Learning Centre Plagiarism(http://www.bath.ac.uk/library/plagiarism/) [accessed 3 September 2005]

University College Dublin, (2003) Faculty of Agriculture Guidelines on Plagiarism.

University of Essex, Plagiarism at the University of Essex,http://www.essex.ac.uk/plagiarism/Test.htm [accessed 19 September 2005]

Western Washington University, The Student’s Guide to Avoiding Plagiarism, Department ofSociology (http://www.ac.wwu.edu/~soc/plagiarism.PDF) [accessed 26th August2005].

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Additional Information on Assessments

Word length: Any student who goes more than 5% over the word limit will bepenalised by a minimum of one grade point i.e. a B+ will become a B. If a student ismore than 10% over the word limit s/he will drop two grade points i.e. from B to C+.

Late submissions / Failure to Submit: University policy provides:

1. Coursework received at any time within two weeks of the due date will be graded,but a penalty will apply. 1a. Coursework submitted at any time up to one week afterthe due date will have the grade awarded reduced by two grade points (for example,from B- to C). 1b. Coursework submitted more than one week but up to two weeksafter the due date will have the grade reduced by four grade points (for example, fromB- to D+) Where a student finds they have missed a deadline for submission, theymay use the remainder of the week to improve their submission without additionalpenalty.

2. Coursework received more than two weeks after the due date will not be accepted(exception where an extension has been or is granted).

3. Submission dates may be extended in exceptional circumstances; students mustapply for an extension in writing to the School, stating the reasons for seeking theextension.

4. Where coursework is submitted late due to unanticipated exceptional or extenuatingcircumstances, students must present an explanation to the School. The School may,at its discretion, retrospectively award an extension in such cases.

5. All coursework will be stamped on collection. Any student submitting courseworkinto an incorrect box or other location will be deducted marks accordingly.

6. All assessed work must be accompanied by the Assessment Submission Formavailable on Blackboard and outside the Programme Office and be submitted by 3pmon the submission date.

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General Guide to Modules

The following is intended as a general overview of modules. Before making theirselection, students must familiarise themselves with the electronically posted moduledescriptors, especially in relation to assessment methods. While every effort is madeto ensure that the following list of modules is accurate, on occasion, a listed modulemay not be offered, for example, due to staff availability. You are also advised that amodule will not be offered if insufficient students register for it. LLM students maytake up to 20 credits of the required 90 credits in modules offered by other UCDGraduate Schools, subject to timetabling constraints and with the approval of theChair of the Law Graduate Taught Programmes Board.

LAW40640 - Advanced Criminological TheoryFinbarr McAuley

This module covers the intellectual origins and early development of the principalexplanations of criminal behaviour.

Detailed attention is given to the intellectual antecedents of the biological,psychological, and sociological explanations of crime; the main focus will be on theinfluence of Darwin, Freud, and the founding fathers of sociological theory on thethree principal strands of criminological explanation.

ESSAY: 100%

CREDITS: 10 SEMESTER: 2

STREAM: Criminology and Criminal Justice

LAW40420 - Private International Law II: Choice of Law IssuesVivion Gill

This course focuses upon the rules of Irish and European private international lawapplicable to the resolution of substantive commercial disputes.

EXAM: 80% CONTINUOUS ASSESSMENT: 20%


STREAM: European and Commercial

LAW40060 - Commercial ArbitrationBrian Hutchinson

A study of the domestic and international law and practice of commercial arbitration.

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The course will cover: The Arbitration Agreement: form; scope and effect; the properlaw of the arbitration agreement; giving effect to the agreement to arbitrate; litigatingthe subject matter of an agreement to arbitrate; staying litigation pending arbitration;frustration, repudiation and abandonment of arbitration agreements. The Arbitrator:appointment, replacement, removal; duties and powers; immunity from suit; ethicalobligations and considerations. The Arbitral Proceedings: procedure and evidence; theICC and other institutional rules of procedure; the proper law of the proceedings; theproper law of the dispute; separability and arbitrability of disputes; equity clauses andthe lex mercatoria. The case stated. The award: formal and substantive requirements;reliefs and remedies; costs and interest. Challenges to an arbitral award: domestic andforeign awards; the Geneva and New York Conventions. Arbitration of internationalinvestment disputes; the ICSID system and rules. State involvement in arbitration.The UNCITRAL model law and the reform of arbitration law.

ESSAY: 85% CONTINIOUS ASSESSMENT: 15%


STREAM: Commercial

LAW40650 - Comparative Corporate GovernanceProfessor John Matheson

Comparative Corporate Governance will explore corporate (or company) law acrossjurisdictions, including at least China, Germany and the United States. The coursewill examine how these jurisdictions address three basic agency problems: (1) theopportunism of managers versus owners, (2) the opportunism of controlling ownersversus minority owners, and (3) the opportunism of owners versus other corporateconstituencies, such as creditors and employees. These issues will be explored in thecontext of several typical corporate situations or transactions, such as the basicgovernance structure of the corporation, the powers of the board of directors and theshareholders, related party transactions, capital structure, and fundamental corporateactions, such as charter amendments. The course will focus finally on merger andacquisition transactions, friendly and hostile, within one state's borders and acrossstate borders.

ESSAY: 100%


STREAM: Commercial

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LAW40310 - Constitutional and Administrative Law of the European UnionGavin Barrett

This course explores the structures, institutions, law-making, court system, citizenshipand human rights principles of EU law. The focus is the process ofconstitutionalisation and the extent to which there is, and the nature of, constitutionallaw in the EU. The course addresses differing conceptions of EU law such as a formof international law, a sui generis legal regime, a multi-level form of law andgovernance. It identifies the fundamental legal structures the treaties, their revisionsand the three `pillars¿ before turning to examine the roles of the key institutions andthe main law-making mechanisms. The competences of the EU and the operation ofthe principle of subsidiarity are explored. It examines the role the European courtsand their relationship with national courts through the preliminary referenceprocedure before analysing the key constitutional doctrines of direct effect,supremacy and human rights developed by the European Court. The final sectionscrutinises the limited development of EU citizenship.

EXAM: 50% PRESENTATION: 50%


STREAM: European

LAW40670 - Corporate GovernanceBlanaid Clarke

The module will cover both the legal and regulatory environment and the informationaland market infrastructures which apply in Ireland and the wider EU. The objective ofthis module is to develop an understanding of the development of corporategovernance and its importance to companies and their stakeholders. It seeks toprovides a framework for analysing how regulations impact on corporate decision-making, ethics and planning. The module will investigate the processes of supervisionand control within companies and determine what the primary aims of those processesshould be – to ensure that directors act in the interests of shareholders or widerstakeholder groups. The theory and the reality of shareholder democracy will beanalysed. Throughout the module, consideration will be given to the importantquestion of determining the appropriate form of regulation to achieve the desired aimsof corporate governance.

ASSIGNMENT: 40% ASSIGNMENT: 35% PRESENTATION: 20%

ATTENDANCE: 5%


STREAM: Commercial

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LAW40610 - Crime and SocietyIan O’Donnell

A defining feature of modern societies is a heightened awareness of crime and itsconsequences. Individuals take account of victimisation risk when planning theirroutine activities; governments respond with repressive legislation and increased useof imprisonment. These arrangements have been described in terms of a ‘crimecomplex’ or a ‘new punitiveness’ or a technique of ‘governing through crime’. Butsuch developments do not necessarily reflect rising levels of crime. In Britain and theUS the trend, in general terms, is downward. In Ireland, the level of serious crime hasrisen and fallen since the 1980s.

The purpose of this module is to map trends in crime and victimisation and to relatestrategies of crime control to wider societal factors (e.g. a country’s welfarearrangements, policy-making infrastructure and level of migration). The emphasis iscomparative and the experience of other countries is used as a lens through which toview the situation in Ireland.

ESSAY: 75% BOOK REVIEW: 25%



LAW40630 – Communities, Crime and ConsequencesJessica Breen

Ecological criminology examines the factors that influence community-level crimerates, as well as the effects that community characteristics have on the behaviour ofindividuals. However, this approach raises a number of conceptual questions such as“What are the processes by which communities influence individual’s behaviour?”;“To what extent do criminals have agency?”; and “What are the policy implications ofmaking communities central to our understanding of crime?”

This module begins to address such questions by focusing on the importance ofcommunities to the study of crime as well as our responses to it. The coursecomprises an overview of criminological theory and research focusing on how crimeis unevenly distributed across community contexts and the ways in whichcommunities are affected by – and actively respond to – issues such as high levels offear and victimisation or a large number of offenders entering and then returning fromprison. Finally, the module explores the design, implementation and evaluation ofcommunity crime prevention strategies in both Ireland and abroad, drawingextensively on evidence from the US and UK.

ESSAY: 75% CLASS PRESENTATION AND PARTICIPATION: 25%



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LAW40230 – Defamation and Privacy LawJohn O’Dowd

This course deals with the main areas of law which affect the daily working of allmedia - the law of defamation, the law of contempt of court and the legal protectionof privacy and confidential information. In respect of libel, it examines thoseprinciples and rules of law that are specifically relevant to media defendants andprincipally the defences upon which such defendants may rely. The examination ofthe law of contempt of court is similarly focussed on those aspects which relate tojournalists, editors, publishers and broadcasters. In each area covered, there is anexamination of the remedies available and of the relevant practice and procedure. Thecourse does not deal with freedom of expression, censorship or broadcastingregulation. The course is taught through seminars, for which students must completerequired weekly reading.

ASSIGNMENT: 10% ASSIGNMENT: 20% ASSIGNMENT: 70%



LAW40290 – DissertationMary Catherine Lucey

This module consists of research and writing for a graduate level dissertation in lawand the appropriate training in research and writing methods, including discussion ofresearch plans

ESSAY: 85% ABSTRACT: 10% POSTER: 5%

CREDITS: 30 SEMESTER: 2, 3

STREAM: European & Commercial & Criminology

LAW40680 – Education LawMarie-Luce Paris Dobozy

The object of this course is to explore specific aspects of the law relating to educationin Ireland with a comparative dimension with other European legal education systemsas well as the European Union action in education. Substantively, the course will fallinto two sections. The first section adopts an institutional/structural approach andexamines the structure of education in Ireland as compared with other countries inEurope with a particular focus on Higher Education and education of lawyers (lawschools and vocational training); it makes particular reference to the Bologna Process(its origin, implementation and reception by Ireland and other selectedcountries/national trends in the Bologna Process). The second section adopts asubstantive approach and deals with areas of litigation in education. Some key aspects

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will be examined such as freedom of education (origin, texts, case law) and studentrights including rights for disabled children and other discrimination-related issues ineducation (i.e. religion and education with the scarf issue), as well as freedom of theteacher/lecturer.

ESSAY: 70% ATTENDANCE AND PARTICIPATION: 10%

ORAL/WRITTEN PRESENTATION: 20%


STREAM: European

LAW40090 - Electronic CommerceTJ McIntyre

This module offers a comprehensive introduction to the legal framework for doingbusiness online. Issues covered include forming contracts online, consumer protectionand e-commerce, electronic signatures, online advertising and the legal implicationsof cross-border transactions.

EXAM: 80% ASSIGNMENT: 20%


STREAM: Commercial

LAW40690 – European Banking RegulationVivion Gill

The module will focus on the regulation and supervision of banks in the SingleEuropean Banking Market.Particular attention will be paid to international regulatory responses to the currentglobal banking crisis.

Topics include;The genesis of the European Single Market in Banking;Principles governing authorisation and regulation of banking operations -responsibilities of Home and Host State Regulators;Supervision of banks - The Basel principles;Prudential regulation of banks including capital adequacy and liquidity - Basel 11 andthe EU Capital Requirements Directive (CRD);Depositor protection.

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TAKE HOME EXAM: 60% ASSIGNMENT: 40%



LAW40360 European Competition LawSuzanne Kingston

This module will examine the EU competition law regime governing private marketbehaviour. Topics covered will include the aims and institutional framework of ECcompetition law; Article 81 of the EC Treaty prohibiting anti-competitive agreementsbetween undertakings; Article 82 of the EC Treaty prohibiting abuse of a dominantposition; an overview of EU merger control law; and enforcement of EC competitionlaw. The module will adopt a critical, interdisciplinary approach to analysing the caselaw and the Commission’s decisional practice. Comparisons will also be made withthe United States’ competition law regime and with the national competition lawregimes of certain EU Member States, including Ireland and the United Kingdom.Finally, the interaction of the EU’s competition regime with other areas of EU policy,such as social and environmental policy, will be considered.

EXAM (OPEN BOOK): 60% ASSIGNMENT: 30%

ATTENDANCE: 10%



LAW40120 - European Environmental LawJoanne Blennerhasset

This module focuses on the European aspects of environmental law. Topics coveredinclude: sources of environmental law; principles, rules and techniques; internationaland European law-making, regulation and enforcement; human rights; trade andcompetition; substantive issues in environmental law such as environmental impactassessment, conservation, and waste.

EXAM: 75% ASSIGNMENT: 25%



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LAW40410 - Private International Law I: International Civil LitigationVivion Gill

This course addresses the principles of Irish and EU law which govern the jurisdictionof Irish courts in international civil litigation and that of selected common lawcountries. Topics include the jurisdiction of Irish courts in international contracts, tortand property disputes, the importance of international jurisdiction agreements andeffective strategies in international civil litigation.

EXAM: 80% CONTINUOUS ASSESSMENT: 20%



LAW40140 - International Trade LawJoe McMahon

This module will provide students with an introduction to the nature and scope ofInternational Trade Law. In particular, the module will examine the nature of the lawestablished through the creation of World Trade Organization, with particularemphasis on the process of dispute settlement in international trade and variousdiscrete agreements, such as the Agreement Subsidies and Countervailing Measures,the Agreement on Dumping, the Agreement on Safeguards and the Agreement onTrade related aspects of Intellectual Property Rights.

ESSAY: 50% PRESENTATION: 50%



LAW40190 - IPRs and IT LawTJMcIntyre

This module explores the interaction between technology and intellectual propertyrights (including related areas of law). Areas covered will include database rights,software patents, domain name rights and cybersquatting, and primary and secondaryliability for copyright infringement.

EXAM: 100%


STREAM: Commercial

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LAW40620 – Prisons and Penal PolicyIan O’Donnell

Anyone with even a cursory interest in the Irish prison system will be struck by howquickly one arrives at the frontiers of knowledge. Getting the measure of penal policyissues is not so much a question of weighing up competing claims for understandingand sifting the accumulated evidence as attempting to paint a crude, and hopefully nottoo distorted, picture of a landscape that is mostly in shadows. Where there is ameasure of illumination it is often dim. Notwithstanding the lack of baselineinformation the response to crime since the mid-1990s has been characterised by anemphasis on prison expansion.

This module explores the evidence base for recent penal policy. It sets out some of thedilemmas that confront prison systems everywhere (e.g. violence, ageing populations,drug misuse, effective risk assessment and recidivism). The extent to which theseproblems have characteristics that reflect peculiarly local conditions is a recurrenttheme. What, if anything, is distinctive about the ‘society of captives’ in Irish prisons?

ESSAY: 50% PARTICIPATION AND GROUP PROJECT: 50%



LAW40050 – Regulation of On Line ActivityTJ McIntyre

This module deals with civil liability and criminal liability for misuse of informationtechnology. The module will address computer crime generally (including hackingand denial of service attacks), online child pornography, liability for onlinedefamation (including vicarious liability) and civil liability for defective software orincorrect information. The module will also cover the evidential issues associatedwith computer evidence, and will touch on the legislative and self-regulatoryresponses to online wrongdoing.

EXAM: 100%


STREAM: Commercial

LAW40250 - Regulatory GovernanceColin Scott

This module examines the processes and institutions associated with regulatorygovernance in OECD countries. Topics covered include; the regulatory state;

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counterproductive regulation ;setting regulatory norms; monitoring and enforcement;alternatives to classical regulation; non-state regulatory governance; supranationalregulation; regulatory accountability and reform.

EXAM: 50% ESSAY: 50%



LAW40700 Social Conflicts of LawMaire Ni Shuilleabhain

This module will explore certain non-commercial aspects of private international law,with particular focus on European measures of private international law designed tofacilitate the free movement of individuals. It will deal with the following:methodology in the conflict of laws; the role of European harmonization; validity ofmarriage; jurisdiction, recognition and choice of law in divorce and ancillary reliefs;cross-border disputes concerning children; succession conflicts; the European SmallClaims procedure; the role of the Hague Conference on Private International law.

ESSAY: 25% ESSAY: 25% PRESENTATION: 20%

PARTICIPATION AND ATTENDANCE: 30%


STREAM: European

LAW40710 – Takeover RegulationBlanaid Clarke

This module introduces the student to the regulatory framework which applies to theacquisition of public listed companies in Ireland and the EU. It provides a theoreticalbackground to this regulation by examining the reasons why takeovers occur andconsidering whether they are generally beneficial or efficient. The module willanalyse various important facets of takeover regulation which have been introducedacross the EU through the Takeovers Directive (2004/25) as part of an attempt toharmonise takeover regulation and create a level playing field. Students will beengaged in a debate about their theoretical value and their practical implementation.

ASSIGNMENT: 65% PRESENTATION: 30%

ATTENDANCE: 5%


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STREAM: Commercial

LAW40280 - Unfair Competition & Trade Marks and Patent LawMaire Ni Shuilleabhain

The module is concerned with trade mark law, unfair competition law and patent law.The module will deal with the following: theories of trade mark law; statutory trademark registration and infringement; unregistered protection of trade indicia; theexpansion of passing off and the development of unfair competition law; thedevelopment of international trade mark law; the use of trade marks in regulatingparallel importation; the function of patents and patent law; requirements ofpatentability; patent infringement; patents in the biotechnological and healthcaresphere; international cooperation in patent law.

ESSAY: 25% ESSAY: 25% PRESENTATION: 20%

CLASS PARTICIPATION & ATTENDANCE: 30%


STREAM: Commercial

LAW 40720 Law and Governance of the EUImelda Maher

The module integrates the fields of law and politics through the exploration of themescommon to both disciplines in the context of EU governance where ‘governance’ isunderstood as the diffusion and fragmentation of governmental arrangementsexemplified by the multi-level governance structures of the EU itself. Law andpolitics will be integrated through the exploration of themes common to bothdisciplines and which inform our understanding of EU governance such asinstitutions, norms, implementation, approaches and methods. These themes will beillustrated through a wide range of materials drawing on literature in EuropeanStudies, EU Law, comparative politics, governance and regulation.

ESSAY (1,000 WORDS): 20% PRESENTATION: 10%

ESSAY (3,000 WORDS): 70%


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