78266 Disruptive Technologies and the Law
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Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 78101c Postgraduate Legal Research OR ((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) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR ((22 credit points of completed study in spk(s): C04264 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04147 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07074 Graduate Diploma Legal Studies)))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Description
This subject covers the impact that disruptive technologies are having on the type of work that lawyers do and the way that we do it. There are three powerful forces at play in this space.
- Modern technology is changing the way that society does business and the way people relate to each other. As a consequence, technology is changing the way that different types of relationships break down and how laws are broken.
- Lawyers are confronted by and need to find new and better ways to manage and make sense of huge quantities of digital information and electronic correspondence.
- Regulators and legal professionals are struggling to keep apace with innovation.
This subject explores these three themes.
More than ever before, lawyers need to be problem solvers. They also need to be adaptive and technically capable. FinTech and LegalTech fluency should be part of every law graduate's armoury and this subject enhances these attributes.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Identify how new technologies are changing, challenging and enabling the way that lawyers work. |
|---|---|
| 2. | Evaluate new risks, obligations and liabilities arising from the social and commercial use of new technologies, applying existing legal principles, ethical issues and reasoning to disruptive technology case studies. |
| 3. | Collaborate in groups and online to generate ideas and possible solutions to the challenges arising from new technologies. |
| 4. | Prepare and present synopses to peers that evaluate emerging issues. |
| 5. | Explore and reflect on the way that disruptive technologies challenge regulators across global jurisdictions, in particular the requirements to know your client and anti-money laundering policies. |
| 6. | Investigate how anonymity, cryptocurrencies and smart contracts might enable democratic processes and financial support in developing and politically unstable nation states. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Ethics and Professional Responsibility
An advanced and integrated capacity to value and promote honesty, integrity, accountability, public service and ethical standards including an understanding of approaches to ethical decision making, the rules of professional responsibility, an ability to reflect upon and respond to ethical challenges in practice, and a developing ability to engage in the profession of law and to exercise professional judgment (2.0) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and, demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses (3.0) - Communication and Collaboration
Effective and appropriate professional communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately (5.0)
Teaching and learning strategies
Strategy 1 Students’ Preparation for Learning
Students read cases, legislation and articles and listen to TedTalks and similar online resources before attending seminars to prepare for tutorial activities including collaborative discussion and applying game theory to the analysis of hypotheticals.
Strategy 2 Learning though Seminar Discussion and Lightning talks
Each week, students will engage in discussion and oral presentations (including lightning talks) on various aspects of legal issues arising from disruptive technologies, with immediate feedback.
Strategy 3 Online learning
UTS Online is where students access material for self-directed learning and engage in student-led discussion on key topics. Students to share their questions and ideas on the open discussion forum (UTS Online), with prompt guidance and feedback from the Subject Coordinator.
Strategy 4 Collaborative Problem Solving
All students will collaborate in problem solving exercises in the legal technology context, often considering problems from different points of view, including regulators, legal practitioners and disruptors developing new technologies. Feedback will respond to students’ problem-solving strategies and modes of expression.
Strategy 5 Ongoing Feedback
Structured feedback is provided individually and to teams within the seminar group. There will also be formative assessment tasks, self-assessment tasks and oral presentations, as well as formal assessments. Detailed guidance as to the assessment criteria and the provision of timely feedback will form an important part of the learning process.
Content (topics)
- Law and Technology: a history of Disruption
- Paperless Workflows and Information Security
- E-Trials in Australian Courts
- Public Liability and Privacy (e.g. Self-driven cars; Drones)
- e?Commerce and Social Media
- Information Governance in a Big Data World
- Forensics & Data Collection
- Early Case Assessment from Analytics to predictive Coding
- Collaborative Economies (e.g. Uber, Airbnb)
- Bitcoin, Blockchain and Smart Contracts – democratising our global future?
- Expert Systems: Automating Legal Decision Frameworks
- Cognitive Reasoning Systems: From Jeopardy to Predicting Outcomes
Assessment
Assessment task 1: Seminar preparation, attendance and participation
| Objective(s): | This task addresses the following subject learning objectives: 1 and 3 This task contributes specifically to the development of the following graduate attributes: 2.0, 3.0 and 5.0 |
|---|---|
| Weight: | 20% |
Assessment task 2: Lightning Talk
| Objective(s): | This task addresses the following subject learning objectives: 4, 5 and 6 This task contributes specifically to the development of the following graduate attributes: 2.0, 3.0 and 5.0 |
|---|---|
| Weight: | 10% |
Assessment task 3: Case Study Submission and Presentation
| Objective(s): | This task addresses the following subject learning objectives: 2, 3, 4 and 6 This task contributes specifically to the development of the following graduate attributes: 2.0, 3.0 and 5.0 |
|---|---|
| Weight: | 30% |
| Length: | 750 Words |
Assessment task 4: Reflective Journal
| Objective(s): | This task addresses the following subject learning objectives: 2, 5 and 6 This task contributes specifically to the development of the following graduate attributes: 2.0, 3.0 and 5.0 |
|---|---|
| Weight: | 40% |
| Length: | 2000 Words |
Minimum requirements
Students must attend and participate in seminars and complete each assessment task. The final grade must be at least a Pass.
Required texts
eBook of selected materials to be published online by LexisNexis selected by Dr Philippa Ryan; edited by: Carolyn Chamberlain, LexisNexis
