LAWCOMM 768 : Special Topic: Economic Analysis of the Law

Law

2023 Semester Two (1235) (15 POINTS)

Course Prescription

No prescription

Course Overview

This course introduces students to the economic analysis of law as a set of tools for analyzing laws and understanding the effect legal rules have on the way people behave. This course also explores the extent to which the principles of economics can be used to explain the workings of the legal system and political institutions. Particular attention is paid to apply economic analysis to contemporaneous law and policy controversies in Pacific Asia (including Australia and New Zealand).

The course neither presumes nor requires a background in economics.

The topics covered by this course include:
• Contract law (including employment law)
• Property Law
• Tort Law
• Criminal Law
• Legal Procedure
• Law & Religion

Course Requirements

No pre-requisites or restrictions

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 3: Solution Seeking
Capability 4: Communication and Engagement
Capability 5: Independence and Integrity
Capability 6: Social and Environmental Responsibilities
Graduate Profile: Master of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Explain basic economic concepts such as demand-supply, coarse theorem, moral hazard, adverse selection etc., (Capability 1.1)
  2. Construct and evaluate basic economic models of the incentive effects of different rules and institutions (Capability 1.1, 2.1, 2.2, 3.1 and 3.2)
  3. Apply economic principles in analysis of legal rules and public policy (Capability 2.1, 2.2, 2.3, 3.1, 3.2, 4.1, 5.1 and 6.2)
  4. Identify and evaluate the various economic justifications for and against in the context of novel legal and policy problems (Capability 1.1, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.2 and 6.3)

Assessments

Assessment Type Percentage Classification
Class Participation 10% Individual Coursework
Research Essay Outline 10% Individual Coursework
Research Essay 80% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4
Class Participation
Research Essay Outline
Research Essay
Class Participation
The 10% class participation marks comprises two elements.
  • Each student is expected to make individual contributions to the seminar discussions throughout the course. Contributions will not be graded for quality --- there is no such thing as a stupid or “wrong” question/response. Questions, debate and challenge improve everyone’s understanding (including the lecturer’s), and the benefits are the reason why active participation is included as a criterion for course assessment.
  • Each student must orally present their (tentative) research question and main thesis to the rest of the class on the third/last day of class. Each presentation will be no longer than 5 minutes, followed by 5 minutes of follow-up questions and answers. Again, the presentation and follow-up discussion will not be graded for substantive quality. It is meant to serve as a mutual-learning process to consolidate the learning outcomes and ensure the respective research essays are on the right track. The subject matter of final submitted research essay may be entirely different from the presentation.

Research Essay Outline
  • Each student must submit a research outline to Canvas. The research outline should commence with an abstract that outlines the proposed research question and main thesis of the student’s research essay. The research outline then should provide an outline of the structure of the proposed research essay. This structure should follow Appendix 7 of the New Zealand Style Guide (3rd edition). That is, it should contain Major headings, Minor Headings, Sub-Headings and Paragraph
  • Research Essay Outline is due Aug. 14

Research Essay
  • Each student is required to submit a research essay of no more than 6,000 words (including an abstract/synopsis of approximately 200 words).
  • The essay should be the application of economic analysis on a selected issue/area of law. As a non-limiting guide, a possible structure for the research essay could be 1) description of the legal issue; 2) controversy of the law as per the legal literature; 3) relevant principles from the economic literature (usually vis-à-vis similar legal issues in U.S. and/or other jurisdictions); 4) application of the economic principles to the legal issue; 5) implications on the legal controversy.
  • Reflecting the nature of this course, there is no restriction on the subject matter or jurisdiction. Students are encouraged to write on issue/area of law in New Zealand and/or their home country that have not been extensively analyzed from the economic perspective. In addition, “law” is also given a broad definition. For example, the governance rules of a club/association will suffice. Indeed, students are strongly encouraged to draw on their lived experiences and daily encounters when coming up with the topics.
  • The essay is to be original work, relying on secondary and primary sources. It MUST be the work of the enrolled student. Another person, other than the enrolled student, MUST NOT write the essay nor do the research on behalf of the enrolled student. Plagiarism is forbidden and, in that regard, each student should read the University’s plagiarism policy and adhere to it.
  • Students must also use proper legal citations. The essay should be comprised of properly crafted sentences as note form is unacceptable. The use of sub-headings and a table of contents is encouraged — and footnotes rather than in-text referencing should be used. All essays are to comply with the New Zealand Law Style Guide.
  • Research Essay is due Thursday, Oct. 5, 12pm 


Workload Expectations

This is a standard 15-point course. There will be around 20 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 150 hours.

Delivery Mode

Campus Experience

Attendance is required at scheduled activities to complete components of the course.
The course will not include live online events.
The activities for the course are scheduled as a block delivery.

Learning Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

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Other Information

Lecturer Biography

Dr Jianlin Chen is Professor and Associate Dean (International) at the University of Melbourne Law School. Utilizing a combination of comparative perspectives and economic analysis, Jianlin publishes widely across both public and private law. He is the author of an award-winning monograph The Law and Religious Market Theory: China, Taiwan and Hong Kong (Cambridge University Press, 2017) that innovatively applies economics analysis to law and religion. He specializes in teaching Economic Analysis of Law, and is regularly engaged by various top law schools in Asia-Pacific to teach the subject.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Learning Continuity

In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course students may be asked to submit coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.

Published on 13/03/2023 08:37 a.m.