78105 Genetics and the Law
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Subject handbook information prior to 2017 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 78101c Postgraduate Legal Research OR 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): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International 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 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; the 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 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. | understand the theoretical material and scholarly work in these new areas and to encourage students to develop critical responses to that material in light of ethical and social justice concerns; |
| 3. | look at the social, economic and political underpinning of legal regulation in this area; |
| 4. | ask questions about how these new technologies may inform our understanding of identity and how that may affect legal categories; |
| 5. | demonstrate an ability to locate, use and cite relevant reference material from both primary and secondary sources relating to this subject; |
| 6. | 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 excellent writing. |
Teaching and learning strategies
Strategy 1 The subject is run on an intensive basis with a seminar-style format. This includes delivery of content via lectures, interactive learning, student presentations and discussion. Expert guests are invited to deliver lectures on specific biomedical dilemmas and multimedia materials are also used to deliver content. This pedagogical mode is aimed at developing the three Graduate Attributes: Critical Thinking, Analysis and Evaluation, and Social Justice.
Strategy 2 Students are expected to engage in reading prior to attending class and to engage in independent research following up lines of inquiry that are developed in the classroom.
Strategy 3 Students are expected to monitor media sources for emerging issues.
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 Participation
| Weight: | 10% |
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Assessment task 2: Class Presentation
| Weight: | 25% |
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Assessment task 3: Research Essay
| Weight: | 65% |
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Required texts
A list of readings will be available in the library digital reserve. Supplementary readings will be provided as needed.
