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General Information Officers of the Faculty of Law 2011-2012 …………………………………… Faculty Administration …….…………………………………………………... The University of Cambridge …………………………………………………. The Colleges …………………………………………………………………… The Faculty of Law …………………………………………………………….. Courses and Degrees in Law ……………………………………..…………. The Squire Law Library ……………………………………………..………… The Freshfields Legal Research Skills Course …………………………….. Computer Facilities ……………………………………………………………. The Institute of Criminology ………………………………………………….. The Lauterpacht Centre for International Law (LCIL)……………….……… The Centre for Intellectual Property and Information Law (CIPIL) ……….. The Centre for European Legal Studies (CELS)………………..………….. The Centre for Tax Law (CTL)………………………………………………… The Centre for Corporate and Commercial Law (3CL)…………………….. The Centre for Public Law (CPL)…………………………………………….. The Centre for Business Research (CBR)………………………………….. The Cambridge Forum for Legal and Political Philosophy (CFLPP) …….. The Cambridge Socio-Legal Group …………………………………………. Publications …………………………………………………………………….. Societies ………………………………………………………………..………. Directors of Studies …………………………………………………………… College Addresses …………………………………………………………….. Dates of Faculty Meetings ……………………………………………………. Term Dates …………………………………………………………………….. Health and Safety ……………………………………………………………… Hardship Grants from the Squire Fund …………………………………..…. Funding Opportunities ………………………………………………………… Faculty Communication ….……………………………………………………. Law Tripos Choice of subjects …………………………………………………………….. Use of Statutes and other Materials in Examinations ……………………… Prizes …………………………………………………………………..……….. Transferable Skills ………………………………………………………..…… Syllabuses and Lists of Recommended Reading ………………………….. Civil Law I (1) ………………………………………………………..…….. Constitutional Law (2) ………………………………………………..…… Criminal Law (3) ………………………………………………………..…. Law of Tort (4) …………………………………………………………….. Law of Contract (10) ……………………………………………….…….. Land Law (11) ……………………………………………………….……. International Law (12) ……………………………………………….…… 30 32 33 33 34 34 35 37 38 39 41 42 4 5 6 6 7 8 9 12 12 14 15 15 16 16 17 17 18 18 19 20 21 23 24 25 25 26 27 27 29
Civil Law II (13) ……………………………………………………….…… Administrative Law (20) ………………………………………………….. Family Law (21) ………………………………………………………..….. Legal History (22) …………………………………………………………. Equity (24) ………………………………………………………….……… Criminal Procedure and Criminal Evidence (25) ………………….…… European Union Law (26) …………………………………………….….. Commercial Law (40) ………………………………………………….…. Labour Law (41) …………………………………………………………… Intellectual Property (42) …………………………………………………. Company Law (43) …………………………………………………….…. Aspects of Obligations (44) ……………………………………………… Conflict of Laws (45) ……………………………………………………… Comparative Law (46) ……………………………………………………. Jurisprudence (47) ……………………………………………………….. Civil Procedure (Half-Paper) …………………………………………….. European Human Rights Law (Half-Paper) …………………………….. Law of Taxation (Half-Paper) ……………………………………….……. European Environmental and Sustainable
43 44 45 46 49 51 52 53 54 55 56 57 58 59 60 61 62 63
Criminology, Sentencing and the Penal System (23) …………………… 48
Personal Property (Half-Paper) …………………………………………… 64 Development Law (Half-Paper) ………………………………………... 65 Exemption from Professional Examinations in England and Wales ……… Master of Law (LLM) The LLM Course …………………………………………………………….…. Applications …………………………………………………………….………. The LLM Examination …………………………………………………..…….. Prescribed Subjects for 2011-2012 ……………………………………….…. Form and Designation of LLM Papers 2011-2012……………………….…. Prizes ………………………………………………………………………..….. Syllabuses and Lists of Recommended Reading for the LLM ……………. International Commercial Litigation (3) …………………………………. Law of Restitution (4) …………………..………………………………… Corporate Insolvency (7) …………………………………………………. Corporate Finance Law (9) ……………………………………………….. Criminal Justice – Players and Processes (11) ……………………… Intellectual Property (12) …………..…………………………………….. Contemporary Issues in the Law of European Integration (13) …….. Competition Law (14) ……………………………………………….……. International Environmental Law (15) …………………………………. Constitutional Law of the European Union (16) ………………………… EU Trade Law (17) ………………………………………………………... External Relations Law of the European Union (18) …………………... Settlement of International Disputes (21) ………………………………. The Law of the World Trade Organization (23) ………………………… 68 68 69 70 71 73 75 75 76 78 81 82 83 84 85 86 87 88 89 90 92 67
Corporate Governance (10) ……………………………………………….. 81
International Human Rights Law (25) …..………………………………..
Civil Liberties and Human Rights (26) ………………………………..….. 95 Jurisprudence (30) ……………………………………………….………….. 96 Commercial Equity (32) …………………………………………………….. 97 Comparative Family Law and Policy (33) ………………………………… 99 Philosophy of Criminal Law (34) ………………………………………… History of English Civil and Criminal Law (35) ………………………… International Intellectual Property Law (36) ……………………………. Seminar Courses (38) ……………………………………………………. Postgraduate Courses and Degrees Residence Requirements …………………………………………………….. Courses of Research in Law Diploma in Legal Studies and Diploma in International Law ……………………………….…….. Master of Letters ……………………………………………….….. Doctor of Philosophy …………………………………………..….. Certificate of Postgraduate Study in Legal Studies ………..…… 105 106 106 106 104 100 102 102 103
Degrees Awarded for Published Work Doctor of Philosophy under Special Regulations ……..………… Doctor of Law ………………………………………………..……… 108 108
Teaching Members Faculty of Law …………………………………………………………..…..…… 109 Institute of Criminology ……………………………………………………..….. 117 Department of Land Economy ………………………………………..……….. 118 Law Fellows of Colleges ……………………..……………………………..….. 119
Officers of the Faculty of Law 2011-2012
Chair of the Faculty Board (and of the Faculty): Professor David Ibbetson, Corpus Christi College Email: firstname.lastname@example.org Deputy Chair of the Faculty Board (and of the Faculty): Professor Graham Virgo, Downing College Email: email@example.com Academic Secretary of the Faculty: Dr Matthew Conaglen, Trinity Hall Email: firstname.lastname@example.org Secretary of the Faculty Board: Miss Laura Smethurst, Faculty of Law Email: email@example.com Chair of the Degree Committee: Professor Lionel Bently, Emmanuel College Email: firstname.lastname@example.org Secretary of the Degree Committee: Dr Stephanie Palmer, Girton College Email: email@example.com Director of the LLM Course: Professor Catherine Barnard, Trinity College Email: firstname.lastname@example.org Deputy Director of the LLM Course: Ms Jodie Kirshner, Peterhouse Email: email@example.com Assistant Directors of the LLM Course: Mr Brian Sloan, King’s College Email: firstname.lastname@example.org Dr Michael Waibel. Downing College Email: email@example.com Examinations Secretary: Dr Mika Oldham, Jesus College Email: firstname.lastname@example.org Access Officer: Mrs Nicky Padfield, Fitzwilliam College Email: email@example.com
Faculty Office: Miss Laura Smethurst Assistant Registrary/Secretary of the Faculty Board Email: firstname.lastname@example.org Miss Julie Boucher Chief Secretary Email: email@example.com Mrs Alison Hirst Degree Committee Administrator External Relations Administrator Email: firstname.lastname@example.org Mrs Sally Lanham Secretary to the Chair of the Faculty Board and Secretary to the Academic Secretary of the Faculty Email: email@example.com Mrs Gaenor Moore Examinations Administrator Email: firstname.lastname@example.org Mrs Sarah Smith Secretary to the Goodhart Professor of Legal Science Secretary to the Access Officer Email: email@example.com Miss Suzanne Wade LLM Administrator MCL Administrator Email: firstname.lastname@example.org Reception Staff: Miss Catherine Ideson Faculty Office Email: email@example.com Mrs Norma Weir Faculty Building Email: firstname.lastname@example.org Accounts and Research Grants: Mrs Elizabeth Aitken Accounts Manager Email: email@example.com Miss Rosie Snajdr Research Grants Administrator Email: firstname.lastname@example.org Centre for Corporate and Commercial Law: Mrs Sarah Smith Secretary Email: email@example.com Centre for European Legal Studies: Mrs Felicity Eves-Rey Secretary Email: firstname.lastname@example.org Centre for Public Law: Mrs Sally Lanham
Secretary Email: email@example.com
Centre for Intellectual Property and Information Law: Mrs Gaenor Moore Secretary Email: firstname.lastname@example.org Centre for Tax Law: Mrs Sarah Smith
Secretary Email: email@example.com
Custodians: Mr David Newton Mr John Seymour
Evenings and weekends Chief Custodian
The University of Cambridge
The University of Cambridge, which came into existence in the thirteenth century, now has about 7,000 staff and an undergraduate population of about 11,800. It is also an international centre for advanced study and research, with over 5,000 postgraduate students. It is governed by the Regent House, which consists of all teaching, research and academic related officers and acts as a democratic legislature if a new measure is put to the vote. The administration is overseen by three ‘central bodies’: the Council, the General Board of the Faculties, and the Resource Management Committee. The principal administrative officer is the Vice-Chancellor. The University prescribes minimum requirements for admission and lays down regulations for residence and study, provides lectures and seminars, conducts examinations, confers degrees, and is generally responsible for maintaining the principal libraries, laboratories and museums. It is also an employer: most (but not all) of the academic staff are employed primarily by the University, as are the University administrative and support staff. A complete text of the statutes governing the University, and of all the current regulations made by the University, may be found in Statutes and Ordinances of the University of Cambridge 2010. Changes made during the year are published in the weekly Cambridge University Reporter. The Cambridge University Guide to Courses 2011-2012 provides a summary of the regulations and of the courses offered throughout the University.
The University is also a federation of independent self-governing colleges. The 31 colleges (which range in date of foundation from 1284 to 1977) are charitable corporations, each separately governed by a head and a variable number of fellows. Most University teaching officers are, at the same time, fellows of colleges, and those in the Arts, Humanities and Social Sciences (including law) often work primarily from their college rooms. The colleges augment the University’s teaching strength by employing in addition their own teaching officers; those who are paid primarily by a college are known as College Teaching Officers (CTOs). The colleges also support research by electing research fellows. Since it is impossible to become a student member of the University without first being a member of a college, the colleges have considerable control over the admission of students. The colleges are responsible for the welfare and academical progress of all those whom they admit. Each student has a Director of Studies and a Tutor. The Director of Studies is responsible for setting an appropriate course of study, advising on methods of study, and (in the case of an undergraduate) arranging supervisions. The Tutor is responsible for helping with personal questions. Colleges also provide accommodation, meals, library facilities and recreation for their members. Undergraduate supervision takes the form of small-group teaching arranged by the colleges (usually fortnightly in each Tripos subject) with assignments of written work. All postgraduate teaching and research supervision, on the other hand, is provided by the University. Information about colleges can be found in the University of Cambridge Undergraduate Prospectus and the University of Cambridge Graduate Studies Prospectus. A list of the Law Fellows of each college is given at p.119, below.
The Faculty of Law
Law has been studied and taught in Cambridge since the thirteenth century, when the core subjects of legal study in all European universities were Civil law (the law of ancient Rome) and the Canon law of the Church. Early graduates of the Cambridge Faculty of Canon Law held the highest judicial positions in Europe - in the Rota at Avignon - and two of them (William Bateman and Thomas Fastolf) wrote the first known law reports in the ius commune tradition. The principal commentator on medieval English Canon law, William Lyndwood, was another graduate of the Faculty. The Faculty of Canon Law was closed by King Henry VIII in 1535, but the Faculty received some compensation when the same king appointed the first Regius Professor of Civil Law in about 1540. Academical legal learning was cosmopolitan; Cambridge doctors of law practised in the ecclesiastical and admiralty courts, assisted the nation in foreign embassies, and discoursed on law, justice and government in philosophical and comparative terms. Here lay the roots of the Faculty’s long-standing tradition of excellence in international and comparative law, jurisprudence and legal history. English law was added to the curriculum in 1800, with the foundation of the Downing Professorship of the Laws of England. Examinations in law for the BA Degree began in 1858, and the Faculty has grown steadily since then in size and in the range of its interests. The other established chairs in the Faculty are: the Whewell (International Law, 1867), the Rouse Ball (English Law, 1927), the Wolfson (Criminology, 1959), the Arthur Goodhart Visiting Professorship (1971), the Professorship of Law (1973), the S.J. Berwin (Corporate Law, 1991), the Professorship of Law (1992), the Herchel Smith (Intellectual Property Law, 1993), and the Professorship of European Law (1994). Among benefactions received by the Faculty to support study and research have been the Whewell Trust Fund (1867), for scholarships in international law; Edmund Yorke’s bequest (1873), used for the Yorke Prize and other undertakings connected with the study of law; the Maitland Memorial Fund (1906), established in honour of F.W. Maitland, Downing Professor and renowned legal historian, for the promotion of research and instruction in the history of law and of legal language and institutions; the Squire Scholarship Fund, received from the trustees of Miss Rebecca Flower Squire in 1901 to provide scholarships and grants in law; the Wright Rogers bequest (1966), for scholarships and grants; the Hersch Lauterpacht Fund (1967), for the study of international law; and a number of prize funds. Further generous support was provided in connection with the new building (below). There are at present 26 professors, 6 readers, and over 70 other University, Faculty and College Teaching Officers. They include specialists in almost every aspect of English law and its history, the laws of other countries (especially European), European Community law, public and private international law, Roman law, legal philosophy, and criminology. A list of teaching members, with their principal research interests, is given at p.109, below. At any one time around 6% of Cambridge undergraduates are reading law. The student body comprises about 700 undergraduate and 250 graduate students. Graduates from the Faculty are prominent in academic life, in the judiciary, and in both branches of the legal profession. Cambridge judicial alumni include two former Presidents as well as four current members of the International Court of Justice, two former judges of the European Court of Justice, and several members of the Court of Appeal, and the Supreme Court of the United Kingdom. Developments. The Law Faculty building in West Road, designed by Lord Foster and Partners, and opened in 1995, brings together on one site the Squire Law Library, the Faculty’s lecture and seminar rooms, the administrative offices, and common-room facilities. It doubled the shelf capacity of the library, increased the space for readers and provides a focus for Faculty activities, such as formal meetings, informal gatherings, and moots. A new building for the Institute of Criminology was operational for the first time during the 2004-2005 academical year.
A great many people and organisations gave generously towards the cost of completing the building and thereby improving its facilities and the library: among them Mr Peter Beckwith, Trinity and St John’s Colleges, Hambros Bank Limited, the Cambridge partners of Linklaters & Paines, Slaughter and May, Herbert Smith, the Cambridge members of Essex Court Chambers, the Cambridge members of Erskine Chambers, and the American Friends of Cambridge University. Funding for new professorships has generously been provided by SJ Berwin and Co and by Dr Herchel Smith. Money for other posts and initiatives has come from the City Solicitors’ Educational Trust, the Isaac Newton Trust, Freshfields, Norton Rose, Clifford Chance, Slaughter and May, Linklaters, Hogan Lovells, Herbert Smith, Baker & McKenzie, McDermott Will & Emory and Weil, Gotshal and Manges.
Courses and Degrees in Law
Five degrees are available in Law, the BA, LLM, MLitt, PhD and LLD. There are, in addition, the MPhil in Criminology, the MPhil in Criminological Research, the Diploma in Legal Studies, and the Diploma in International Law. The BA Degree. At Cambridge all first-degree courses, in whatever subject, lead to the BA Degree with Honours. In order to qualify for this degree, an undergraduate must pass two ‘Tripos’ examinations. (The word Tripos is derived from the three-legged stool used in former times at BA examinations.) These do not have to be in the same subject, and it is therefore possible to read a combination of two different subjects, taking them separately and in sequence; at present about 30 students every year change to law from other subjects. There are three Law Tripos examinations: Part IA, Part IB and Part II. Law IA and Law IB cannot be counted as two separate Tripos examinations to qualify for the BA. Law IA is taken at the end of the first year of residence. Law IB is taken in the second year by those who have passed Law IA, or by those changing into law from another Tripos. Law II is only for those who have passed Law IB. The BA requires three years of residence (two in the case of Affiliated Students, i.e. graduates of another university). Each Tripos is assessed by a board of examiners, assisted by assessors, who between them arrange the successful candidates into three classes, the second class being subdivided into upper and lower categories; a particularly good first class candidate may be awarded a mark of distinction. Because of the nature of the Tripos system, there is no combined examination result at the end of the course; each year of study is classed separately, and the BA itself is not classed. There is an option of a two-year Part II in which one year is spent in a Continental Law School. Under the present arrangement about 20 students are selected to study at one of the four partner law faculties: Poitiers (France), Utrecht (The Netherlands), Regensburg (Germany), and the Universidad Autonoma de Madrid (Spain). Those taking this option spend four years studying for their BA in law rather than the usual three. It is not possible to apply at the outset for this four-year course as those students selected to participate in the scheme must first be assessed for their ability in law and proficiency in the language concerned or, in the case of Dutch, their willingness to learn it. The undergraduate law course at Cambridge is intended to give a thorough grounding in the principles of law viewed from an academic rather than a vocational perspective. The emphasis is on principle and technique, reasoning and explanation. There are opportunities to study the history of law, and to consider the subject in its wider social context. Although most undergraduates who read law do so with the intention of practising, the course also provides an excellent broad education for those who do not. For further details about Tripos courses, and admission to read for the BA Degree, see the University of Cambridge Undergraduate Prospectus (obtainable from the Cambridge Admissions Office, Fitzwilliam House, 32 Trumpington Street, Cambridge CB2 1QY. Tel: 01223 333308), and available on the University website (http://www.cam.ac.uk). The LLM Degree. This degree is awarded to successful candidates in the LLM examination which is taken at the end of a one-year taught course. Students take four papers which are generally assessed by means of written examination or written examination and essay. One of the four papers may instead be taken by thesis. The examination is classed in a
similar way to the Tripos; a candidate of exceptional merit in English law and legal history may be awarded the Chancellor’s Medal for English Law (founded by Prince Albert in 1855). The minimum entry requirement for the LLM is normally a First Class degree in law from a UK University, or the equivalent from an overseas institution. (For further information see p.68, below.) Further details about the LLM course, and the method of application (which is through the Board of Graduate Studies) may be obtained from the Faculty’s website (http://www.law.cam.ac.uk/courses/llm.php); and the Board of Graduate Studies website (http://www.admin.cam.ac.uk/offices/gradstud/prospec). The closing date for applications for 2012 entry is 2 December 2011. MPhil in Criminology. See the note on the Institute of Criminology at p.14, below. Diplomas. The University offers two one-year research courses which lead to either the Diploma in Legal Studies or the Diploma in International Law, depending on the nature of the topic of research. Each candidate is assigned a supervisor by the Faculty’s Degree Committee and is required to keep at least three terms of residence before submitting for examination a dissertation not exceeding 30,000 words in length inclusive of footnotes but exclusive of appendices and bibliography. There is no coursework or taught element, although students may attend lectures as recommended by their supervisor. The year of research leading to a Diploma may, in appropriate circumstances, be counted towards the requirements of a research degree. For further information, including details on the application procedure, see p.105 below. It is also possible to undertake these courses on a part-time basis. Research degrees. The University offers two research degrees in Law: the MLitt or the PhD. Candidates are
registered, in the first instance, for the Certificate of Postgraduate Study in Legal Studies and, at the end of the first year, are required to submit three items for a progress review: the personal progress log, a 15,000 word dissertation, and a short explanation of the proposed topic of PhD or MLitt research. The first-year progress review is normally assessed by two members of the Faculty of Law. An oral examination is held and, if candidates successfully complete the requirements of the Certificate and the first year progress review, they are retrospectively registered for either the MLitt or the PhD. Candidates registered for the MLitt are required to submit, after two years of research, a dissertation not exceeding 60,000 words inclusive of footnotes but exclusive of appendices and bibliography. The candidate is also required to attend an oral examination. Candidates registered for the PhD are required to submit, after three years of research, a dissertation not exceeding 80,000 words exclusive of footnotes, appendices and bibliography but subject to an overall word limit of 100,000 words exclusive of bibliography. The candidate is required to attend an oral examination. For further information, including details on the application procedure, see p.105 below. It is not possible to undertake a research degree in Law on a part-time basis. The LLD may be awarded to established scholars who have given ‘proof of distinction by some original contribution to the advancement of the science or study of law’, almost invariably in the form of published works and who meet the eligibility criteria for the degree. For further information, including details on the application procedure, see http://www.admin.cam.ac.uk/offices/gradstud/exams/higher/index.
The Squire Law Library
The Squire Law Library is a dependant library of Cambridge University Library and in 2004 celebrated its centenary year. Since 1995 the Library has been located on the top three floors of the Faculty Building. The building, which was officially opened by Her Majesty the Queen on 8 March 1996, provides a stunning environment for a library and information service. Room. There are many features including spacious reading areas with over 400 reader seats, extensive legal collections, high quality computer facilities (including the Freshfields Legal IT Room) and the Maitland Legal History
The library maintains one of the largest legal collections (both printed and electronic) in the United Kingdom. It plays a central role in supporting the research and teaching aims of the Cambridge Law Faculty and helps in sustaining the Faculty’s international reputation as a centre of excellence in legal studies. The Squire serves law undergraduate students as well as advanced researchers and welcomes visiting scholars from all over the world. The library’s web page may be found at http://www.squire.law.cam.ac.uk/ The Collections. The library currently holds approximately 190,000 volumes with about 2,000 serial titles (e.g.
legislation, law reports and journals). The Squire maintains strong collections for the jurisdictions of the United Kingdom and Ireland as well as extensive research materials for the other major common law countries such as the United States, Australia, Canada and New Zealand. There are also good historical and current collections for South Africa, India, Pakistan and the civil law countries; France, Germany and Italy in particular. Many other countries are also covered though some of the material is more historical in nature. Traditionally the library also has strengths in Public and Private International Law, the European Union, Legal History and Jurisprudence. As a complement to the Squire’s holdings there are a number of other libraries in close proximity that have collections relevant to law scholars. Cambridge University Library houses all UK government official publications as well as United Nations and European Union documentation. The Radzinowicz Library at the Institute of Criminology has one of the most comprehensive criminology collections in the world. In addition the Marshall Library of Economics, the Seeley Historical Library and the Casimir Lewy Philosophy Library are all close at hand. Electronic Resources. In conjunction with the printed materials the Squire also makes available to users a variety of electronic legal databases including Lexis, Westlaw UK, and many of the Justis products. A range of other indexes, bibliographic databases and full text services are also available. Access is provided for the Internet and e-mail together with word processing and printing facilities. The Squire’s web pages allow access and links to many useful services and databases and can be accessed at http://www.law.cam.ac.uk/squire/. Admission and Availability of Materials. The Squire Law Library is open to all holders of the Cambridge University identification card, the Cambridge University Library Reader’s ticket, Cambridge Law Students, Cambridge Graduates, members of the University and others at the discretion of the Librarian. The vast majority of the Library’s materials are available on open access but the Squire is essentially a reference library only and borrowing is not permitted. Faculty members and PhD students have some special privileges and LLM students are allowed to borrow from the dedicated LLM Collection on an overnight basis. Areas of the library that are kept on closed access include the Maitland Legal History Room which houses some antiquarian books and early law reports, the Labour Law Collection (which is held in a dedicated store area) and many old editions of prominent legal texts that are in the basement floors of the building.
Opening Hours: Full Term: Monday to Friday: 09.00 to 21.00 (22.00 in Easter Term until the end of examinations) Saturday: 09.00 to 18.00 Vacation: Monday to Friday: 09.00 to 19.00; Saturday: 09.00 to 13.00
The Library is closed on Sundays throughout the year. Other periods of closure are posted on the Library’s web pages. Contacts: Librarian: Mr David Wills, M.A., DipLib, MCLIP. Squire Law Library, 10 West Road, Cambridge CB3 9DZ.; Tel: 01223 330071 General Enquiries: Tel. 01223 330077. Fax 01223 330057. Chair, Law Library Sub-Syndicate: Professor John Spencer Staff of the Squire Law Library: Mr David Wills Librarian (firstname.lastname@example.org) Mr Peter Zawada Deputy Librarian (email@example.com) Ms Lesley Dingle Foreign and International Law Librarian (firstname.lastname@example.org) Miss Kay Naylor Librarian’s Secretary and Senior Library Assistant (finance and acquisitions) (email@example.com) Mr Brian Humphreys Senior Library Assistant (Cataloguing) (firstname.lastname@example.org) Mrs Kathy Wholley Senior Library Assistant (Serials) (email@example.com) Miss Hazel Dean Library Assistant (LLM Collection Supervisor and Reader Services) (firstname.lastname@example.org) Mr Clive Argent Junior Library Assistant (Book Accessions) (email@example.com)
The Freshfields Legal Research Skills Course
The Freshfields Legal Research Skills Course is designed to satisfy the requirements of the Solicitors Regulation Authority and the Bar Standards Board in respect of law students who wish to enter the legal professions in England and Wales. The course gives students a grounding in research and the use of IT in the law, and includes skills valuable both for their studies and future careers. Students attend a hard-copy research skills seminar in the Michaelmas Term, and IT-based teaching in the Michaelmas and Lent terms of their Part IA studies (or first year of law). Further advanced sessions are available for Part IB and Part II students, as well as introductory and research group teaching for postgraduate students. The course explains the use of IT in the legal professions, and trains students to use both traditional paper and the most advanced and up-to-date online research tools such as Lexis Library and Westlaw UK. Small-group sessions are conducted in the Freshfields IT Room (S19), with students having hands-on access to a PC to develop their skills. The course is assessed by a combination of written and online assessments and students pass by demonstrating that they have a sufficient grasp of the skills required by the Joint Statement issued by the Law Society and the General Council of the Bar. It is necessary for students to complete the course successfully in order to be included on the block exemption form which the Faculty submits to the Law Society indicating those students who have satisfactorily completed the academic stage of training. The Legal Research Skills course is generously sponsored by Freshfields Bruckhaus Deringer. Freshfields Legal IT Teaching and Development Officer: Freshfields Computer Officer: Mrs Sarah Kitching (firstname.lastname@example.org) Mr Daniel Bates (email@example.com)
The Faculty currently has around 40 computer terminals available for use by students and staff in the Library areas, some of which have dedicated functions (such as e-mail access only) but the majority of which are general-purpose machines connected to the Cambridge University Data Network (CUDN). In addition, there are 24 machines in the Freshfields Computer Teaching Room, where computer-based teaching is carried out, the machines being available for general use at other times. These computers form part of the University Managed Cluster Service, the main advantage of this being centralised file storage and familiarity of software when working on other PWF workstations. The Faculty also provides access to the University wide wireless network call Lapwing and eduroam. There are currently 5 wireless access points located throughout the building enabling students to connect wirelessly to the CUDN and hence the internet using their own wireless devices. The Computer Office is also available to help support Faculty staff and students with their IT requirements and can be found on the second floor in rooms S7 and S8 (opposite the Freshfields IT Room). The computing team is made up of two full-time and one part-time members of staff. The offices are generally open between 9.00 am and 5.00 pm (closed for lunch between 1.00 pm and 2.00 pm) Monday to Friday. Further information is available at http://computeroffice.law.cam.ac.uk/ Computer Staff: Senior Computer Officer: Computer Officers: Mr Andrew Gerrard (firstname.lastname@example.org) Mr Steve Burdett (email@example.com) Mrs Sarah Kitching (firstname.lastname@example.org)
Rules Made by the Information Strategy and Services Syndicate. The most recent version of the rules made by the Information Strategy and Services Syndicate under the provisions of Regulation 5(g) for the Syndicate for the use of University and College information technology facilities is set out below. It should be noted that, although that regulation limits any fine to the sum of £175, offenders may also be required to reimburse costs, which may amount to a much larger sum. The term IT facilities shall mean the facilities of the University Computing Service, and all other information technology facilities provided by the University, and any in College institutions designated by the appropriate College authority concerned as facilities to which these rules shall apply. IT facilities are provided for use only in accordance with the aims of the University and the Colleges as promulgated from time to time, unless stated otherwise by the appropriate Authorized Officer. 1. No person shall use IT facilities, or allow them to be used by others, without due authorization given by the Syndicate or by the appropriate Authorized Officer, who may impose conditions of use to ensure efficient operation. 2. By means of published documentation an Authorized Officer may designate an IT facility as authorized for use by specified classes of persons and for specified purposes. In the case of facilities not so designated, resources are allocated individually; every such allocation of IT resources shall be used only for the designated purpose and only by the person to whom the allocation was made. Use shall not be made of IT resources allocated to another person or group of persons unless such use has been specifically authorized by the Syndicate or by the appropriate Authorized Officer. 3. No person shall by any wilful, deliberate, reckless, unlawful act, or omission interfere with the work of another user or jeopardize the integrity of data networks, computing equipment, systems programs, or other stored information. 4. All persons authorized to use IT facilities shall be expected to treat as privileged any information which may become available to them through the use of such facilities and which is not obviously intended for unrestricted dissemination; such information shall not be copied, modified, disseminated, or used, either in whole or in part, without the permission of the appropriate person or body. 5. In the case of any information which is designated in a Notice issued by or on behalf of the Syndicate as proprietary or otherwise confidential, every person using IT facilities shall be required: (a) to observe any instructions that may be issued specifying ways in which the information may be used; (b) not to copy, modify, disseminate, or make use of it in any way not specified in those instructions, without first obtaining permission from the appropriate Authorized Officer. 6. No person shall use IT facilities to hold or process personal data except in accordance with the provisions of relevant legislation, including the Data Protection Act 1998. Any person wishing to use IT facilities for such a purpose shall be required to inform the Authorized Officer in advance and to comply with any restrictions that may be imposed concerning the manner in which the data may be held or the processing carried out. 7. No person shall use IT facilities for private financial gain or for commercial purposes, including consultancy or any other work outside the scope of official duties or functions for the time being, without specific authorization to do so. 8. Any person who misuses IT facilities or who uses IT facilities for private financial gain or for commercial purposes, with or without specific authorization to do so, may be charged with the cost of such use or misuse at a rate determined from
time to time by the appropriate Authorized Officer. If any person who has been so charged with the cost of IT resources fails to make reimbursement, any authorization to use IT facilities shall be suspended automatically until reimbursement is made in full, and the matter shall be reported by the Syndicate to the appropriate University or College financial authority. 9. No person shall use IT facilities for unlawful activities. 10. Any person believed to be in breach of one or more of these rules shall be reported by the Authorized Officer to the Syndicate who may at their discretion, after considering the Officer's report and any other relevant matters, impose a penalty or penalties in accordance with Regulation 5(g) for the Syndicate. The Syndicate may also recommend to the appropriate University or College authority that proceedings be initiated under either or both of the University and College disciplinary procedures and any appropriate legislation.
The Institute of Criminology
The Institute of Criminology was founded in 1959, with the support of a benefaction from the Wolfson Foundation. It is part of the Faculty of Law, but its multidisciplinary teaching and research staff (see p.117) are recruited from sociology, psychiatry, psychology, law and other disciplines. Its management affairs are controlled by a Director and a Committee of Management. The Institute has a very active programme of funded research on a wide variety of topics - recent projects have included work on delinquent development, social contexts and crime, policing, criminal justice, penal theory, sentencing, prisons and corrections, sex offender treatment, forensic mental health, women and criminal justice, and criminological theories. The Institute’s Radzinowicz Library has one of the world’s largest collections relating to crime, criminal justice and related topics, including a wide selection of periodicals, pamphlets and publications of historical as well as contemporary interest. The Institute offers a number of different courses, including two research MPhil courses in Criminology (nine months) and Criminological Research (twelve months); a PhD programme; various courses for undergraduate degrees; an MSt/Diploma in Applied Criminology and Police Management (part-time) open to potential chief police officers and personnel working in senior positions within police forces; and an MSt/Diploma in Applied Criminology, Penology and Management (part-time) open to senior members of the criminal justice system. Director: Deputy Director: Director of the PhD Programme: Director of the MPhil Programme: Director of the MSt Applied Criminology and Police Management Course: Director of the MSt Applied Criminology, Penology and Management Course: Chair, Management Committee: Administrator: Dr Ben Crewe Professor David Ibbetson Ms Caroline Edwards Professor Lawrence Sherman Professor Friedrich Lösel Professor Loraine Gelsthorpe Professor Alison Liebling Professor Loraine Gelsthorpe
For general enquiries, please contact the Administrative Officer, Institute of Criminology, Sidgwick Avenue, Cambridge CB3 9DA. Tel: 01223 335360. Fax: 01223 335356. For enquiries regarding postgraduate courses, please contact the Graduate Administrator on 01223 335363 or at email@example.com or the MSt Administrator on 01223 335373 or at firstname.lastname@example.org. Website: http://www.crim.cam.ac.uk
The Lauterpacht Centre for International Law
The Research Centre for International Law was established within the Faculty of Law in 1985. Its name changed in 1997 to The Lauterpacht Centre for International Law in recognition of the important contributions to International Law made by Sir Hersch Lauterpacht (Whewell Professor of International Law, 1938-55, and subsequently a Judge of the International Court of Justice) and by his son, Professor Sir Elihu Lauterpacht (Director of the Centre, 1985-95). It exists to promote international law by a combination of individual and group research, whether undertaken privately by scholars or funded externally, and by the publication of monographs and collections of primary materials, including the International Law Reports (see p.20). The Centre attracts a steady stream of visiting scholars from all over the world, mainly from universities and government departments. Visitors come for periods ranging from one month to one year. The Centre has its own premises in Cranmer Road, close to the University Library and Law Faculty. It arranges a full programme of meetings, including weekly lunches and evening sessions, drawing upon speakers from abroad as well as from Cambridge and other British universities. These occasions, and the Centre’s ‘open house’ policy, make the Centre the principal meeting place for those in Cambridge interested in international law. All postgraduate law students are welcome at its meetings. Director: Administrator: Professor Marc Weller Ms Anita Rutherford
Further information may be obtained from the Director, Lauterpacht Centre for International Law, 5 Cranmer Road, Cambridge CB3 9BL. Tel: 01223 335358. Fax: 01223 300406. E-mail: email@example.com. The work of the Centre and its objectives are described in detail at http://www.lcil.cam.ac.uk
Centre for Intellectual Property and Information Law (CIPIL)
The Centre for Intellectual Property and Information Law (CIPIL) was established in 2004 to expand the work of the Intellectual Property Unit. It exists to foster the study of all aspects of intellectual property law and information law and associated subjects. It organises conferences, seminars and visiting lectures, undertakes research and collects material in these expanding and controversial fields. The European content of its work is growing with the rapid penetration of EC and other measures, such as the European and Community Patent Conventions, Community trade mark, registered design and plant variety right, and the various harmonisation directives in the areas of copyright and designs, e-commerce, Internet content regulation and data protection. The Centre is also particularly interested in the development of British Commonwealth and United States law and in the relevant international conventions, including the TRIPs Agreement (Trade-Related Intellectual Property) of the World Trade Organisation. Its current research interests include the regulation of biotechnological inventions, legal responses to the development of digital technology, the impact of information law on medical research, legal protection of brands, as well as various aspects of the history of copyright and trade mark law. The Centre is headed by Professor Lionel Bently, Herchel Smith Professor of Intellectual Property Law, and includes among its members, Dr Patricia Akester, Dr Isabella Alexander (Newton Trust Lecturer and Fellow of Robinson College), Dr Jennifer Davis (Herchel Smith College Lecturer and Fellow of Wolfson College), Dr Kathleen Liddell (Herchel Smith Lecturer and Fellow of Downing College) and Dr Catherine Seville (University Senior Lecturer and Fellow of Newnham College). The Faculty’s ability to concentrate resources on intellectual property law stems from the generosity of the late Dr Herchel Smith in endowing the Chair, a Lectureship and a College Lectureship in the subject (and also research funding at Emmanuel College). Further information may be obtained from Professor Lionel Bently, CIPIL, 10 West Road, Cambridge, CB3 9DZ. Tel: 01223 330081. Fax: 01223 330055. Email: firstname.lastname@example.org. Website: http://cipil.law.cam.ac.uk
The Centre for European Legal Studies (CELS)
Since 1992, the Centre for European Legal Studies has provided a focus in the Law Faculty for activities in the field of European Union Law and European Comparative Law. The core of CELS’ activities is the constitutional order which, since the 1950s has been evolving on the basis of the Treaties, legal ties between that new policy and the other countries of Europe and the wider world, and the substantive law of the EU. The interests of the Centre also embrace the national jurisdictions of the different European countries and their relationship with the common law. CELS seeks to encourage individual and collaborative research of the highest international quality on matters falling within its remit. It also seeks - through its publications and through a programme of lectures, conferences and seminars to disseminate knowledge and understanding of European matters among the academic and the wider community. CELS runs a series of lunchtime seminars during the Michaelmas and Lent Terms. These seminars provide a platform for the presentation of new ideas by leading scholars from inside and outside the university. Papers generated from most of these seminars are published as articles in the CYELS. These seminars are open to members of the University and to the general public. In addition, CELS organises a number of specialist lectures, notably the prestigious Mackenzie-Stuart lectures. Recent speakers have included Jean-Claude Piris, Judge David Edward, Professor Joseph Weiler, Professor Giuliano Amato, Professor Silvana Sciara, the (then) Lord Chancellor, Mr Jack Straw, and Advocate General Sharpston. CELS also organises an annual educational visit for students to the European Institutions in Brussels and Luxembourg. The institutions visited include the European Commission, the Council of the European Union, the European Parliament, the Committee of the Regions, and the Court of Justice. Co-Directors: Centre’s Secretary: Professor Catherine Barnard Professor John Spencer Mrs Felicity Eves-Rey
Further information may be obtained from the Centre for European Legal Studies, Faculty of Law, 10 West Road, Cambridge CB3 9DZ. http://cels.law.cam.ac.uk/ Tel: 01223 330042; Fax: 01223 330055; Email: email@example.com. Website:
Centre for Tax Law (CTL)
The Centre for Tax Law was established in 2001; its mission emphasises both research and teaching in its task of furthering the study of tax law – in Cambridge and beyond. The primary activity of the Centre is an annual series of workshops, principally run for the UK tax administration but which Cambridge students can often attend. These workshops focus on current issues of a tax policy nature and often involve presentations by overseas experts. In addition, the Centre runs a biannual conference on tax history, the last conference was held in July 2010. The Centre also facilitates the editorship of a series of tax publications, both of papers presented at the tax history conferences and a specialist series of tax law publications by Cambridge University Press. Director: Assistant Director: Centre’s Secretary: Dr Peter Harris Professor John Tiley Mrs Sarah Smith
Further information about the Centre’s activities is available at http://www.ctl.law.cam.ac.uk/ The Centre can be contacted by email at firstname.lastname@example.org
Centre for Corporate and Commercial Law (3CL)
The Centre for Corporate and Commercial Law (3CL) is a focal point for members of the Faculty of Law with research interests in the fields of corporate law and commercial law, and in related areas including corporate governance, corporate finance, commercial equity, insurance law, restitution, international commercial litigation and insolvency. The 3CL organises conferences, seminars and other events to disseminate research and to foster dialogue on emerging and controversial topics in these fields. The 3CL is a member of Cambridge Finance which coordinates the programmes of research and study in all areas of finance across the University of Cambridge. Proceedings from 3CL conferences and seminars are published in leading journals and series. Many 3CL Faculty members are associated with the Journal of Corporate Law Studies (Hart Publishing). Director: Assistant Director: Centre’s Secretary: Professor Brian Cheffins Ms Jodie Kirshner Mrs Sarah Smith
Further information may be obtained from the 3CL, University of Cambridge, Faculty of Law, 10 West Road, Cambridge CB3 9DZ. Tel: 01223 330035. Fax: 01223 330055. E-mail: email@example.com. Website: http://www.3cl.law.cam.ac.uk/
Centre for Public Law (CPL)
The Centre for Public Law was established by the Faculty Board of Law in 1996 to provide a focus for activities in the fields of constitutional and administrative law, and regulation and regulatory systems. The interests of Faculty members cover a wide range of public law in the UK, the European Union, and the common law jurisdictions of the Commonwealth and the United States, from constitutional and administrative law and theory (i.e. institutions, civil liberties, human rights, and judicial control), to the regulation of business and utilities. The Centre organises a discussion group of Faculty members, visitors and research students interested in public law. Those interested should send an e-mail to the Centre at the address below. Details of the Centre’s activities can be found at http://www.cpl.law.cam.ac.uk The Centre aims to promote research in the area of public law, and to develop into a research centre of national and international reputation. The Centre does this by providing: a focal point for the exchange of ideas between academics, practitioners and others (including members of public and regulatory bodies), through a conference, seminar and lecture programme in Cambridge and London. support for Faculty members and Visiting Scholars engaged in relevant research projects. In 2002 Justice Hlophe became the first Clifford Chance Distinguished Visitor. encouragement and development of research output by the Faculty’s research students through its discussion group and publishing the proceedings of its conferences. Director: Assistant Director: Deputy Director: Centre’s Secretary: Professor John Bell Dr Stephanie Palmer Dr Anat Scolnicov Mrs Sally Lanham
Further information about the Centre and its publications may be obtained by writing to: Centre for Public Law, University of Cambridge, Faculty of Law, 10 West Road, Cambridge CB3 9DZ. Tel: 01223 330033/330036. Fax: 01223 330055. E-mail: firstname.lastname@example.org. Website: http://www.cpl.law.cam.ac.uk
Centre for Business Research (CBR)
The CBR was founded in October 1994 following the award to the University of a substantial ESRC grant for interdisciplinary business research. Current funding is drawn from a number of sources including the EU’s Sixth Framework Programme, and the ESRC's World Finance and Economy Programme and Gender Research Network. The Centre has two research programmes, one in enterprise and innovation, and one in corporate governance. A major part of its work consists of theoretical and applied research in the economics of law, with particular reference to company law, employment law and European law. It has offices in the Judge Business School building. Director: Assistant Directors: Professor Alan Hughes (Judge Business School) Professor Simon Deakin (Faculty of Law) Dr Andy Cosh (Department of Engineering and Judge Business School) Further information may be obtained from Professor Simon Deakin, CBR, Judge Business School building, Trumpington Street, Cambridge CB2 1AG. Tel: 01223 765339. Fax: 01223 765338. Email: email@example.com. Website: http://www.cbr.cam.ac.uk
Cambridge Forum for Legal and Political Philosophy (CFLPP)
The Cambridge Forum for Legal and Political Philosophy (CFLPP) was founded in 1999 by several Faculty members and PhD students with jurisprudential interests. It began with a reading/discussion group that still actively operates during each academic term, but its activities have expanded considerably. It now encompasses approximately 80 faculty members and research students from the Faculties of Philosophy, History, Law, and Social & Political Sciences. The CFLPP became an officially recognised research forum within the Faculty of Law in 2001. It has already organized two major international conferences and many public lectures by distinguished speakers. Furthermore, for the past four years the CFLPP has been the principal organiser of the annual UK Analytic Legal and Political Philosophy Conference. Planning is also underway (in collaboration with a major publisher) for the creation of a journal focused on the areas of philosophy covered by the CFLPP. In the meantime, the CFLPP's reading/discussion group and public lectures will continue to foster interdisciplinary interaction among Cambridge faculty members and students who are interested in issues of legal and political philosophy. Further information may be obtained from Professor Matthew Kramer, Churchill College, Cambridge CB3 0DS. Tel: 01223 336231. Email: firstname.lastname@example.org. Website: http://cflpp.law.cam.ac.uk
Cambridge Socio-Legal Group
The Cambridge Socio-Legal Group was established in 1997 as an interdisciplinary discussion forum concerned with promoting debate on topical socio-legal issues, including those with relevance to policy-making. It is hosted by the Centre for Family Research, Faculty of Politics, Psychology, Sociology, and International Studies (PPSIS), and by the Faculty of Law. The Group serves to bring together people from different faculties across the University (Law, Criminology, Politics, Psychology, Sociology and International Relations, Psychiatry, Biology, Economics, Social Anthropology, and others) as well as prominent socio-legal scholars from other institutions. The Socio-legal Group thus provides a focus for those in the University engaged in socio-legal research, and a basis for linking with the broader world of socio-legal scholarship in the Britain and abroad. The Group also aims to encourage and supports its individual members to work collaboratively, thus fostering inter-disciplinary cross-fertilisations. possibly one on the ‘Home’. Symposia and Book Projects The Group is best known outside Cambridge for its successful series of book projects, which have ranged across a wide range of issues. These projects are enhanced by contributors and other discussants coming together in a residential seminar across several days to discuss work in progress, providing participants with the benefit of insights from each others’ research. Past projects include: What is a Parent? A Socio-Legal Analysis (1999) edited by Andrew Bainham, Shelley Day Sclater and Martin Richards, concerned with legal and social conceptions of parenthood and resulted in publication of the book. Body Lore and Laws (2002) edited by Andrew Bainham, Shelly Day Sclater and Martin Richards, on law and the human body. Children and their Families: Contact, Rights and Welfare (2003) edited by Andrew Bainham, Bridget Lindley, Martin Richards and Liz Trinder, on contact between parents, children and other family relations. Sexuality Repositioned: Diversity and the Law (2004) edited by Belinda Brooks-Gordon, Loraine Gelsthorpe, Martin Johnson and Andrew Bainham. Kinship Matters (2006) edited by Fatemeh Ebtehaj, Bridget Lindley and Martin Richards, on evolving notions and practices of kinship in contemporary Britain and the interrelationship of kinship, law and social policy. Death Rites and Rights (2007) edited by Belinda Brooks-Gordon, Fatemeh Ebtehaj, Jonathan Herring, Martin Johnson and Martin Richards, examining the ways in which death is experienced in various aspects of modern society. Regulating autonomy: sex,reproduction and families (2009) edited by Fatemeh Ebtehaj, Emily Jackson, Martin Richards and Shelley Day Sclater. Sharing Lives, Dividing Assets: An Inter-Disciplinary Study (2009) edited by Joanna Miles and Rebecca Probert To this end, the Group holds occasional seminars, at least one a term. Future projects include an interdisciplinary symposium on ‘Birth Matters’ and
The Group’s most recent project was a symposium on Intoxication: Problematic Pleasures, held in March. This was a hugely exciting symposium which focused on medical expertise and understandings of intoxication in historical perspective, health expertise in the 20 century, expert and lay knowledge’s in exculpatory intoxication in criminal law, the relation of inebriety to insurance, drinking and state formation, the cultural domestication of intoxicants, binge drinking, self and intoxicant experience: a scientific perspective and popular print and Renaissance drinking cultures, embodied memory and intoxication problems, ‘losing control’ in early modern literature and praxis, interaction and the loss of selfcontrol. The lively debate which ensued reflected interest from law, sociology, history, criminology, psychology, cultural theory, and health studies. A book is in preparation, edited by P. Withington, D. Weinberg, C. Regan and J. Herring.
Occasional Seminars The Group also holds occasional seminars during the year. Recent seminars have included: Anthony Good, Professor Emeritus, Department of Social Anthropology, University of Edinburgh, on Witness Statements and Credibility Assessments in the British Asylum Courts (jointly organised with the Department of Social Anthropology) Robert Wintemute, Professor of Human Rights Law, School of Law, King’s College London, on Lesbian and Gay Parenting and European Human Rights Law: When will France catch up with the UK? (jointly organised with the Centre for Family Research) Dr Liz Hales, Senior Research Associate, Institute of Criminology, University of Cambridge, on Research on the Criminalisation of Migrant Women Dr Bronwyn Naylor, Senior Lecturer in Law at Monash University, Australia, Co-Chair of that University’s Human Research Ethics Committee, and Chief Investigator on a major Australian research project’ Applying Human Rights Legislation In Closed Environments: A Strategic Framework For Managing Compliance’, on Monitoring for human rights in places of detention: NPMs and IMBs – how effective are they in securing human rights? For further information, contact: Chair of the Socio-Legal Group: Professor Loraine Gelsthorpe, Professor of Criminology and Criminal Justice, Institute of Criminology (email@example.com) Vice Chair of the Socio-Legal Group: Ms Jo Miles, University Senior Lecturer in Law, Faculty of Law
The Cambridge Law Journal. The principal publication produced under the aegis of the Faculty is The Cambridge Law Journal, founded in 1921. The journal is the longest established university law journal in the country, and has earned an international reputation as one of the foremost legal periodicals in the world. The Editor has always been a member of the Faculty, and the members of the Editorial Committee are appointed by the Faculty Board. Three issues are produced each year. Editor: Book Review Editor: Senior Note Editor: Secretary and Treasurer: Editorial Assistant: International Law Reports. volume 144. Joint Editors: Assistant Editor: Sir Elihu Lauterpacht, CBE, QC, Lauterpacht Centre for International Law HE Judge Sir Christopher Greenwood, CMG, QC, Peace Palace, The Hague Ms Karen Lee, Lauterpacht Centre for International Law and Girton College Professor John Bell Dr Catherine Seville Professor Graham Virgo Dr Peter Turner Mrs Felicity Eves-Rey The International Law Reports were begun in 1956 by Sir Hersch Lauterpacht as a
continuation of the Annual Digest of Public International Law Cases, which began in 1932. In 2011 the series reached
Other LCIL publications. The Lauterpacht Centre for International Law also produces the ICSID Reports, containing reports of cases decided under the Convention on the Settlement of Investment Disputes between States and Nationals of other States, 1965, and related decisions on the international protection of investments (vol. 15); the Iran-United States Claims Tribunal Reports (1983-), which has now reached vol. 38 and the International Environmental Law Reports (vols. 1-5). The Hersch Lauterpacht Memorial Lecture series is published by CUP under the auspices of the Centre. Clarendon Studies in Criminology. The Institute of Criminology participates in the publication of the Clarendon Studies in Criminology (published by Oxford University Press). This is a joint venture with the criminology centres at Oxford and the London School of Economics, and is a continuation of the former Cambridge Studies in Criminology. Cambridge Editors of the Series: Professor Per-Olof Wikström Professor Manuel Eisner Professor Alison Liebling Cambridge Studies in English Legal History. The Cambridge Studies in English Legal History, begun in 1921, is published by Cambridge University Press rather than by the Faculty, but has always had a Faculty member as its general editor. 2009 saw the publication of the fifty-fifth volume in the series, which includes many classic monographs. General Editor: Professor Sir John Baker
A number of other publications are also, in effect, based in Cambridge, because of the close involvement of Faculty members in their production. For instance, the present and previous Literary Directors of the Selden Society (Professor Sir John Baker, Professor SFC Milsom and Mr DEC Yale) are members of the Faculty; the Journal of Legal History is edited by Dr NG Jones.
The University Law Society is open to all members of the University, and especially to all law students. The Society, whose principal officers are themselves law students, meets weekly during term to hear guest speakers (including judges, political figures and visiting scholars). Barristers’ and solicitors’ evenings are organised so that students can meet members of the legal profession informally. The Society also organises moots, which are imaginary cases designed to provide elementary practice in advocacy. There are annual mooting competitions, both for individuals and for college teams, and a moot against Oxford. The Society has a student representative in each college. Website: www.camlawsoc.com/. Honorary President: Senior Treasurer: Lord Mustill Dr Neil Jones
Each of the four Inns of Court has a Cambridge society, formed in order to keep junior and senior members of the University in touch with the practising Bar and judiciary. The Senior Treasurers and other contacts are: Gray’s Inn: Inner Temple: Lincoln’s Inn: Middle Temple: Ms Louise Merrett Professor Sir John Baker Professor David Feldman Mr John Hopkins and Professor Neil Andrews
The Graduate Law Society is open to all graduate students reading for postgraduate degrees in law. It holds regular social evenings, invites visiting speakers to address its members, organises an annual trip to the London Law Courts, and generally provides a valuable forum for the graduate students in the Faculty. Senior Treasurer: Dr Pippa Rogerson
Most colleges also have their own law societies. The Cambridge University Society for Women Lawyers aims to provide a law society which is a forum for all – law students and non-law students – who want the chance to make their voices heard in the changing legal profession. CUSWL organises workshops to help students perfect necessary skills such as interviewing and writing a c.v. It also provides opportunities to meet representatives from the bar and major city law firms, as well as opportunities to enjoy purely social occasions! Members are mostly (but not exclusively) women. The Society has been dormant for a year or so. If anyone wishes to revive the Society please contact the Senior Treasurer. Senior Treasurer: Dr Pippa Rogerson
The Cambridge University Students’ Pro Bono Society is a student-run pro bono initiative, providing opportunities for second and third year law students to undertake voluntary work in the legal sphere. Projects range from social policy research work with the Citizens’ Advice Bureau to undertaking work on behalf of the Cambridgeshire Youth Offending Team under the Police and Criminal Evidence Act. Further information is available at http://www.societies.cam.ac.uk/probono/ The Cambridge Pro Bono Project has been established within the Faculty to provide postgraduate students with opportunities to engage with the law in a practical way, and to develop the skills and values central to the provision of pro bono legal work. The project is overseen by an Executive Committee, comprising Dr Stephanie Palmer (Faculty Chair), Professor David Feldman, Dr Catherine MacKenzie, Jason Pobjoy (Student Chair), Amanda Marzullo, Claire Nielson, Saleema Khimji, Federica Paddeu and Kate Purcell. If you would like further information on the project please refer to the Cambridge Pro Bono Project website (http://www.law.cam.ac.uk/cpp/) or contact the Executive Committee at firstname.lastname@example.org Lawyers Without Borders invites eminent speakers to deliver human rights law related lectures. Previous speakers include the late Lord Bingham who spoke on “After the War on Terror: Human Rights Challenges of the Obama Administration”, Anne Gallagher, the former Special Advisor on trafficking to the UN High Commissioner of Human Rights, Sir Christopher Hum, the former UK ambassador to China, Tim Otty QC (Human Rights Lawyer of the Year 2008) and US Federal Judge David A Faber. If you would like further information please refer to the Lawyers Without Borders website
Directors of Studies for the Academic Year 2011-2012
Christ’s College Churchill College Clare College Clare Hall Corpus Christi College Darwin College Downing College Emmanuel College Fitzwilliam College Girton College Gonville & Caius College Homerton College Hughes Hall Jesus College King’s College Lucy Cavendish College Magdalene College Murray Edwards College Mr J Edwards (Part IA) Ms S Steele (Parts IB, II & LLM) Dr R Child (Michaelmas & Lent) Professor MH Kramer (Easter) Professor NH Andrews (Parts IB & II: Michaelmas) Dr K Hughes (Part IA & LLM) (Parts IB & II: Lent & Easter) Dr C MacKenzie (Selwyn College) Professor DJ Ibbetson (Easter) Dr NE Simmonds (Michaelmas & Lent) Dr CA Seville (Newnham College) Ms A Goymour (Part II & LLM) Professor GJ Virgo (Parts IA & IB) Dr RE Thornton Mrs NM Padfield Dr A Albors-Llorens (Parts IB & II) Dr S Palmer (Part IA & LLM) Mr P Davies (Part II & LLM) Dr J Ford (Parts IA & IB) Dr J Davis (Wolfson) (Parts IA, IB & II: Michaelmas & Lent) Dr RL Williams (LLM) (Parts IA, IB & II: Easter) Mr JA Hopkins (Downing College) (Parts IA, IB & II) Dr S Turenne (Murray Edwards College) (LLM) Dr MPC Oldham Dr B Sloan Mrs J Tiley Dr NG Jones Dr A Albors-Llorens (Part IA: Michaelmas) Mr S Steele (Parts IB, II & LLM: Michaelmas) Dr S Turenne (Lent & Easter) Dr CA Seville Mr NJ McBride Professor SF Deakin (Lent & Easter) Dr RJC Munday (Michaelmas) Professor RG Fentiman (Parts IB, II & LLM) Dr S Rowan (Part IA) Dr IJ Alexander (Parts IA, IB & II) Dr M Gehring (LLM) Dr MC Elliott (Parts IA & IB) Dr PG Turner (Part II & LLM) Dr S Butler Dr DM Fox Dr JA O'Sullivan Professor AA Dashwood (Part II) Ms E Nanopoulos (Parts IA, IB & LLM) Professor CS Barnard (Part IB) Dr M Dyson (Part II) Ms L Merrett (Part IA & LLM) Dr L Bartels (Parts IA & II) Dr M Conaglen (Part IB & LLM) Dr J Davis (LLM) Mr P MacMahon (Parts IA, IB & II)
Newnham College Pembroke College Peterhouse Queens' College Robinson College St Catharine's College St Edmund's College St John's College Selwyn College Sidney Sussex College Trinity College
Trinity Hall Wolfson College
College Addresses [college abbreviations]
Christ’s College, St Andrew’s Street, Cambridge, CB2 3BU [CHR] Churchill College, Storey’s Way, Cambridge, CB3 0DS [CHU] Clare College, Trinity Lane, Cambridge, CB2 1TL [CL] Clare Hall, Herschel Road, Cambridge, CB3 9AL [CLH] Corpus Christi College, Trumpington Street, Cambridge, CB2 1RH [CC] Darwin College, Silver Street, Cambridge, CB3 9EU [DAR] Downing College, Regent Street, Cambridge, CB2 1DQ [DOW] Emmanuel College, St Andrew’s Street, Cambridge, CB2 3AP [EM] Fitzwilliam College, Huntingdon Road, Cambridge, CB3 0DG [F] Girton College, Huntingdon Road, Cambridge, CB3 0JG [G] Gonville & Caius College, Trinity Street, Cambridge, CB2 1TA [CAI] Homerton College, Hills Road, Cambridge, CB2 2PH [HO] Hughes Hall, Mortimer Road, Cambridge, CB1 2EW [HH] Jesus College, Jesus Lane, Cambridge, CB5 8BL [JE] King’s College, King’s Parade, Cambridge, CB2 1ST [K] Lucy Cavendish College, Lady Margaret Road, Cambridge, CB3 0BU [LC] Magdalene College, Magdalene Street, Cambridge, CB3 0AG [M] Murray Edwards College (formerly New Hall), Huntingdon Road, Cambridge, CB3 0DF [NH] Newnham College, Sidgwick Avenue, Cambridge, CB3 9DF [N] Pembroke College, Trumpington Street, Cambridge, CB2 1RF [PEM] Peterhouse, Trumpington Street, Cambridge, CB2 1RD [PET] Queens’ College, Silver Street, Cambridge, CB3 9ET [Q] Robinson College, Grange Road, Cambridge, CB3 9AN [R] St Catharine’s College, Trumpington Street, Cambridge, CB2 1RL [CTH] St Edmund’s College, Mount Pleasant, Cambridge, CB3 0BN [ED] St John’s College, St John’s Street, Cambridge, CB2 1TP [JN] Selwyn College, Grange Road, Cambridge, CB3 9DQ [SE] Sidney Sussex College, Sidney Street, Cambridge, CB2 3HU [SID] Trinity College, Trinity Street, Cambridge, CB2 1TQ [T] Trinity Hall, Trinity Lane, Cambridge, CB2 1TJ [TH] Wolfson College, Barton Road, Cambridge, CB3 9BB [W]
Dates of Faculty Board Meetings
6 3 1 19 16 15 26 17 28 October November December January February March April May June 2011 2011 2011 2012 2012 2012 2012 2012 2012
Dates of Degree Committee Meetings
6 27 24 26 16 15 26 24 26 October October November January February March April May June 2011 2011 2011 2012 2012 2012 2012 2012 2012
Dates of Academic Committee Meetings
13 17 2 1 24 October November February March May 2011 2011 2012 2012 2012
Staff Student Consultative Committee
1 15 December March 2011 2012
Date of Annual Meeting of the Faculty
10 November 2011
Full Term Dates
Michaelmas Term: Lent Term: Easter Term: 4 October 2011 to 2 December 2011 17 January 2012 to 16 March 2012 24 April 2012 to 15 June 2012
Health and Safety in the Faculty Building
This is a modern building and a safe one. It is, nevertheless, important that all users of the building are aware of health and safety issues and take responsibility for their own safety and for the safety of others with whom they work or study. Fire Safety. If the fire alarm sounds, you should leave the building immediately by the nearest route. You should not stop to collect your personal belongings. There are three fire stairs in the building as well as the main staircase and you should use all of these exit routes. To open the fire doors, press the break glass call point located next to the fire door. The doors at the bottom of the fire stairs which lead directly out of the building are opened by pressing the centre of the green release panel beside the door. These emergency exits should all be used if the alarm sounds. In the event of an emergency, you should leave the lecture theatres by either the front or the rear doors and then use the emergency exits either to your left or to your right. There are fire wardens on every floor who will assist with the evacuation and ensure, as far as possible, that the area is cleared. After you have left the building, move well away from the doors so that you do not block the exit for people leaving after you or impede access by the emergency services. The emergency assembly point for the Faculty of Law is under the Raised Faculty Building (which is the building on ‘stilts’ straight ahead of you as you leave the Faculty by the main door). Follow instructions given to you by Faculty and Library staff. Do not go back into the building until you are explicitly instructed by authorised personnel that it is safe to do so. Take five minutes NOW to walk around the building looking at the emergency escape routes. Please inform one of the members of staff listed below if you have a disability or mobility problems. Students and staff with disabilities are encouraged to develop a personal safety plan (specific to the level of disability and the type of emergency) in conjunction with Faculty staff. If you would like to raise any health and safety matters with the Faculty, please email email@example.com or alternatively contact one of the members of staff listed at the end of this section. First Aid. Please alert any member of Library or Faculty staff if you require first aid treatment or if you consider that someone else does. They will locate a first aider. They can also call the emergency services in the event of a serious medical emergency. Computer Use. When working at the computers, adjust the chair so that it is at the right height and angle for you. Take regular breaks away from the computer (at least five minutes in every hour) and have a stretch to release any stiffness in your back and shoulders. If you bring a laptop into the Faculty building, it is your responsibility to ensure that it is properly wired and has been electrically tested. If you plug your laptop into the plug points on the library floors, please make sure that the wires do not get snagged or chaffed by the lid of the floorbox. You must make sure that the lid of the floor box is properly closed after you have unplugged your computer in order to avoid trip hazards. The computer officers will be happy to advise you about health and safety issues related to computer use. Working in the library. When working at the library desks, ensure that your chair is at the right height and angle so that you can work comfortably. Take regular breaks; a brief walk round the library every hour will help you feel and work better. Make sure that your bag and coat are stowed away under your desk or chair so that they don’t constitute a trip hazard. Don’t leave anything valuable unattended at your desk; unfortunately, there are thieves even in the Squire!
Proceed with caution in reaching for books on the upper shelves. There are kick stools available; use them sensibly and appropriately. Speak to a member of the Library staff if you are in any doubt about being able to reach or access books on upper shelves or in awkward places; they will be happy to help you. Please use the photocopiers responsibly and safely. Ensure that the copier lid is down when copying and take care when copying large or unwieldy books. General. The Faculty Administrator (Laura Smethurst: 30049; firstname.lastname@example.org); the Faculty Safety Officer (Andrew Gerrard: 30072; email@example.com) or the Squire Law Librarian (David Wills: 30071; firstname.lastname@example.org) are happy to answer your questions about health and safety in the Faculty Building. You should alert one of them immediately to any health and safety concerns or issues. http://www.admin.cam.ac.uk/offices/safety/ The University’s Health and Safety Division is at 16 Mill Lane. Website:
Hardship Grants from the Squire Fund
The Faculty received a considerable trust fund endowment from the estate of Rebecca Flower Squire who died on 26 November 1898. The income from the trust fund is used to provide Scholarships in Law, and the regulations also permit the making of grants on grounds of financial hardship to resident members of the University studying law. The regulations for both scholarships and grants require (i) that the applicant is a British Citizen or a citizen of a country of the Commonwealth; and (ii) that the applicant has ‘declared in writing the sincere intention of qualifying as a barrister or a solicitor or as a teacher of law, and of practising or teaching law accordingly’ (University of Cambridge Statutes and Ordinances 2010, p.56). In practice, the Managers of the Trust normally make hardship grants only to undergraduates because graduate students are required to confirm, prior to taking up their place at the University, that they have sufficient funds for their studies. Application forms for hardship grants from the Squire Fund are available from Mrs Sally Lanham (email@example.com) in the Faculty Office.
The Faculty has a very limited number of trust funds from which grants can be made to students. The Arnold McNair Scholarship Fund supports a one year Arnold McNair Scholarship in the area of international law. The Scholarship is open to any member of the University who has kept at least eight terms and who is a candidate for or has been classed in either Part IB or Part II of the Law Tripos in the year of application. Applications should be made to the Registrary not later than the day before the first day of General Admission to Degrees. Full details of the Scholarship can be found in the University of Cambridge Statutes and Ordinances which is available on line (from a University network computer) at http://www.admin.cam.ac.uk/cam-only/univ/so/. The present value of the scholarship is at least £5000. The Hersch Lauterpacht Fund is at the disposal of the Faculty Board of Law for the purpose of promoting the study of International Law in the University. Small grants to students are very occasionally made to students from this fund. The Frederic William Maitland Memorial Fund may provide grants to ‘promote research and instruction in the history of law or of legal languages or institutions.’ Consideration will normally be restricted to applications from members of the University or whose work is connected with the University. Grants from the Fund normally take the form of grants for specific research expenses and do not extend to ordinary living expenses. Further particulars may be obtained from, and applications submitted to, the Secretary of the Frederic Maitland Memorial Fund at the Faculty of Law.
The Humanitarian Trust Fund provides for a one year studentship in Public International Law. The Scholarship is open to candidates ‘who have obtained, or are likely to obtain before the end of the academical year of their candidature a degree or a diploma at a University in the Commonwealth of Nations, the United States of America, the Continent of Europe, the former Union of Soviet Socialist Republics, at the Hebrew University of Jerusalem or at any other university or college approved by the Electors for the purpose of this regulation. They must also produce evidence of their fitness to engage in advanced study.’ The Studentship is not tenable with a Commonwealth Fund Fellowship or a College Fellowship or emolument of similar magnitude. The value of the Scholarship is generally £1000 although the Electors may, in exceptional circumstances and where funds are available, award a more generous sum. The scholarship is only awarded once every two years and applications should be made to the Secretary of the Faculty Board by 1 January. Full details of the Scholarship can be found in the University of Cambridge Statutes and Ordinances which is available on line (from a University network computer) at http://www.admin.cam.ac.uk/cam-only/univ/so/. The Whewell Scholarship is a one year scholarship to support the study of international law. The competition is open to any person who is a candidate for the LLM Examination and awards are made upon the results of an examination which is held in Cambridge in the Easter Term in each year at a place and a time which is announced in the Reporter. For 2011 the papers prescribed for the Whewell Scholarships were ‘not less than three of the Papers 15, 20, 21, 23, 24, 25, 29 and 36, a fourth paper chosen by the candidate from all the papers prescribed for that examination, and a paper on ‘Problems and Disputed Points in International Law’.’ The subjects of examination for 2012 will be announced in the Reporter in the Michaelmas Term 2011. The names of candidates should be submitted to the Secretary of the Faculty Board by the date accompanying the Reporter announcement. Full details of the Scholarship can be found in the University of Cambridge Statutes and Ordinances which is available on line (from a University network computer) at http://www.admin.cam.ac.uk/cam-only/univ/so/. The Wright Rogers Scholarship is awarded for proficiency in the study of the Laws of England. Candidates for the Scholarship must have successfully completed a course of study qualifying them for a degree in any University or similar institution in the United Kingdom and have spent at least one year in the study of law. Up to two Scholarships are awarded each year and Scholars are required to carry out research relating to the Laws of England. The tenure of the Scholarship is one year in the first instance although re-election is possible. The value of the Scholarship is determined by the Electors after taking into account any other financial resources available to the individual Scholar. Application for a Scholarship, accompanied by an outline of the candidate’s career and proposed course of study at Cambridge, should be made to the Secretary of the Faculty Board of Law by 1 August of the year in which the candidate hopes to take up the Scholarship. Full details of the Scholarship can be found in the University of Cambridge Statutes and Ordinances which is available on line (from a University network computer) at http://www.admin.cam.ac.uk/cam-only/univ/so/. The present value of the scholarship is at least £3000. The Yorke Fund provides grants to Faculty Members and graduate students to support research and teaching in connection with the study of law. Graduate students are entitled to a grant of up to £400. Application forms are available from the Secretary of the Faculty Board. The Yorke Fund also provides for the Yorke Prize. The Yorke Prize is awarded annually for an essay on a legal subject (including the history, analysis, administration and reform of law) and is open to any graduate of the University or any person who is or has been registered as a Graduate Student of the University. Candidates should first obtain the approval of the Faculty Board of Law for the proposed essay subject and, assuming approval, submit the essay to the Registrary to arrive not later than the last day of the Michaelmas Term. Full information about the Yorke Fund can be found in the University of Cambridge Statutes and Ordinances which is available on line (from a University network computer) at http://www.admin.cam.ac.uk/cam-only/univ/so/. There are a number of other funds which are run by Colleges and the University; College Tutors can provide further information.
Each year, the Faculty creates an e-mail list for each part of the Tripos, for the LLM and for graduate research students using data supplied by the University Computing Service. These lists are used to circulate Faculty announcements (about lecture changes, examination procedures etc) and to provide information about public lectures and seminars which might be of interest to law students. The list is strictly regulated and is not used to advertise social or recruitment events. A lot of important and interesting information is circulated via this list and you should therefore inform the Faculty Administrator (firstname.lastname@example.org) if you believe that you have been missed off the list. The Faculty website is another source of useful information. Important documents are posted on the official ‘Faculty documents’ page and past exam papers, handouts and other documents can be found via the ‘browse documents’ function. There are also subject discussion forums on the web page.
Choice of Subjects The papers for the Law Tripos, which are divided into Groups I-IV, are as follows: Group I Paper 1 Paper 2 Paper 3 Paper 4 Group II Paper 10 Paper 11 Paper 12 Group III Paper 13 Paper 20 Paper 21 Paper 22 Paper 23 Paper 25 Paper 26 Paper 42 Paper 46 Paper 47 Group IV Paper 24 Paper 40 Paper 41 Paper 43 Paper 44 Paper 45 Paper 48 Equity Commercial Law Labour Law Company Law Aspects of Obligations Conflict of Laws Prescribed subjects (half-papers) Civil Law II Administrative Law Family Law Legal History Criminology, Sentencing and the Penal System Criminal Procedure and Criminal Evidence European Union Law Intellectual Property Comparative Law Jurisprudence Law of Contract Land Law International Law Civil Law I Constitutional Law Criminal Law Law of Tort
Seminar Courses For the subjects prescribed for Paper 48 in 2011-2012, see pages 61-66. For the Seminar Courses for 2011-2012, see page 31.
Law Tripos Part IA. A candidate for Law Tripos Part IA shall offer Papers 1-4. All candidates for Part IA should attend the three day introductory course, commencing on the first Thursday of Michaelmas Full Term (6 October 2011), to be held in the Faculty of Law building, 10 West Road. Law Tripos Part IB. A candidate for honours in Part IB shall offer five papers chosen from among Papers 1, 2 and 4 and Groups II and III, provided that he or she shall not offer any paper which he or she has previously offered in any Law Examination of this University. Students who have not taken Part IA Law, whether they be affiliated students or students changing into Law, should attend the three day introductory course, commencing on Thursday, 29 September 2011, to be held in the Faculty of Law building, 10 West Road. Law Tripos Part II. A candidate for honours in Part II shall either or offer five papers chosen from among Paper 3, Groups III and IV, offer four papers chosen from among Paper 3, Groups III and IV, and in addition participate in a seminar course and submit an essay on a subject prescribed by the Faculty Board or chosen by him or her from a number of subjects so prescribed, provided that he or she shall not offer any paper which he or she has previously offered in any Law Examination of this University. Paper 13 may only be offered by candidates who have previously offered Paper 1 (whether in Part IA or Part IB). Seminar Courses. Further information and application forms are available from Directors of Studies in late May/early June. Introductory meetings for all seminar courses are held in the last week of the Full Easter Term - attendance is compulsory for those wishing to enrol. Completed applications to take part in any seminar course must be received by the Faculty Office before the end of the Easter Term preceding the year in which the candidate wishes to take part. Later applications, provided that they are submitted not later than the end of the first week of Michaelmas Term in the academical year in which the course is to be conducted, may be accepted at the discretion of the Faculty Board. A candidate participating in a seminar is required to submit by the seventh day of Full Easter Term an essay not exceeding 12,000 words (including footnotes and appendices, but excluding bibliography). The seminar courses for 2011-2012 are: Family in Society, Select Issues in International Law, The Legal Process: Justice and Human Rights, Women and the Law, Public Law, Ethics and the Criminal Law and Law and Economics. For the Law Tripos Regulations (including those governing seminars), see Statutes and Ordinances 2010, p.344. Study Abroad. A student may, on application to the Faculty, spend the year following completion of Part IB pursuing a course of study at a university in another country of the European Union. On successful completion of such a course, the student returns to Cambridge to commence studies for the papers in Part II as listed above. At present, the Faculty has exchange schemes with the University of Poitiers (France), the University of Utrecht (The Netherlands), the University of Regensburg (Germany), and the Universidad Autonoma de Madrid (Spain). Syllabus and Examinations. Examinations will be set ON THE PUBLISHED SYLLABUS, and not simply on the
material covered in lectures. The syllabuses for the academic year 2011-2012 follow. It is most important that each candidate is aware of the contents of the syllabus in each paper which he or she is offering.
Lectures and Copyright. Many lecturers are unwilling to have their lectures recorded and recording of lectures is not allowed unless a student has a very good reason such as a physical disability. Students who wish to record a lecture must obtain the permission of the lecturer concerned before doing so. It should be noted that copyright is held by the Faculty for all lectures and lecture handouts and that students are not permitted to reproduce these in any form. Any unauthorised reproduction may also result in an action for breach of confidence. Plagiarism. Copying out someone else’s work without acknowledgement (i.e. by using quotation marks and footnotes) is plagiarism; so is rewording someone else’s work in order to present it as your own without acknowledging your debt. Plagiarism in work submitted for formal assessment is regarded by the University as the use of “unfair means” (i.e. cheating), and is treated with the greatest seriousness. Where examiners suspect plagiarism, the case may be referred to the Proctors. It may then be brought before the University’s Court of Discipline, which has the power to deprive culprits of membership of the University and to strip them of any degrees awarded by it. Information on plagiarism, including the University’s Statement on Plagiarism, can be found at www.admin.cam.ac.uk/univ/plagiarism/students/. The Faculty of Law requires all coursework to be submitted electronically as well as in hard copy. The Faculty uses anti-plagiarism software in the manner described in a document entitled ‘Student information and consent form for the use of Turnitin software in 2011-12’ which can be accessed via the Official Faculty Documents page on the Faculty website (www.law.cam.ac.uk/faculty-resources/official-faculty-documents.php). Use of Statutes and other Materials in Examinations 2012. At the beginning of each academical year the Faculty Board of Law gives notice of the statutes and other materials that candidates may use in examinations in the following Easter Term. Candidates will be allowed to take into any examination a monolingual or bilingual dictionary together with any materials specified in the Faculty’s notice (electronic dictionaries are not permitted). The permitting of monolingual or bilingual dictionaries does not extend to specialised legal dictionaries. Candidates are forbidden to take into any examination any materials other than those specified. Where materials are allowed, candidates must use their own unmarked copies. Subject to the proviso stated below, any form of marking – including annotations, highlighting, circling and underlining – is prohibited. It is also forbidden to attach anything to or place anything within the permitted materials: this means, inter alia, that the use of tabs, post-it notes and stickers is prohibited. The proviso referred to above is that candidates may write their name and the name of their college on the inside front page of any permitted materials. In the event that a candidate's materials fail to comply with any of the requirements set out above, the Chair of Examiners, the Examinations Secretary or the Examiner responsible for the conduct of the examination concerned will decide whether to confiscate them. If annotated materials are confiscated, replacements will not be provided. Candidates who fail to comply with any of the requirements set out above should be aware of the possibility of disciplinary proceedings as well as of the confiscation of materials. Candidates must bring their own copies of permitted materials to examinations; spare copies will not be available should candidates forget to bring their own copies. In the case of materials produced by the Faculty, candidates will be permitted to use only the current year’s issue and no other. Such materials will be available from the Law Faculty Office and will be stamped ‘For use in Examinations in 2012’.
Prizes. The following prizes may be awarded each year for outstanding performance in the Tripos Examinations. (a) Prizes for the best overall performance: The Sweet and Maxwell Prize (Part IA) The Clifford Chance David Gottlieb Prize (Part IB) The Slaughter and May Prize (Part II) (b) Subject Prizes: The Glanville Williams Prize for Criminal Law (Parts IA or II) The George Long Prizes for Civil Law (Parts IA, IB and II) The E.C.S. Wade Prize in Constitutional Law (Parts IA or IB) The One Chancery Lane Prize for Tort (Parts IA or IB) The Clive Parry Prize for International Law (Part IB) The Clifford Chance C.J. Hamson Prize for Contract (Part IB) The Falcon Chambers Prize for Land Law (Part IB) The Clifford Chance Prize for EU Law (Part IB or II) The E.C.S. Wade Prize for Administrative Law (Part IB or II) The George Long Prize for Jurisprudence (Part IB or II) The Norton Rose Prize for Commercial Law (Part II) The Erskine Chambers Prize for Company Law (Part II) The Clifford Chance C.J. Hamson Prize for Aspects of Obligations (Part II) The Herbert Smith Prize for Conflict of Laws (Part II) The John Hall Prize for Family Law (Part IB or II) The 3 Verulam Buildings Prize for Equity (Part II) The Littleton Chambers Prize for Labour Law (Part II) The Cambridge and District Law Society Prize for Criminology, Sentencing and the Penal System (Part IB or II)
Transferable Skills. The Faculty of Law, in consultation with Colleges, has identified the ways in which undergraduates can acquire and develop certain skills and attributes (‘transferable skills’) throughout their University career. These skills, as well as enhancing academic performance, can be used beyond university and are highly valued by employers. Students are encouraged to make use of the opportunities afforded to them to develop those attributes which will stand them in good stead in later life. Examples of ways in which transferable skills may be developed by undergraduates in law are available in the statement on transferable skills on the Faculty’s website.
Law Tripos : Syllabuses and Lists of Recommended Reading
PAPER 1. CIVIL LAW I 1. Sources of law. Legal development through the grant of new remedies: praetor and iudex under the formulary system. The jurists. The revival of Roman law. 2. 3. Persons. An outline of the legal position of the household and of marriage in Roman Law. Property. Categories of things in Roman law. Dominium, possession and bonitary ownership. Acquisition of
ownership: delivery, usucapion, occupation, accession, specification. usufructs, real security. 4. 5. Obligations. Contracts, quasi-contracts, and delicts in Roman law.
Rights in another’s property: servitudes,
Succession. An outline of intestate and testamentary succession in Roman law; Roman inheritance and heirship; freedom of testation. Particular emphasis will be placed on property and obligations. The Roman law with which the course is principally concerned is the law of the classical period, but significant later developments will be noted. Comparisons with other legal systems will be drawn where appropriate.
READING Introductory: Crook, The Law and Life of Rome Stein, Roman Law in European History (1998) Textbooks: Nicholas, An Introduction to Roman Law Zimmermann, The Law of Obligations Thomas, Textbook of Roman Law de Zulueta, Institutes of Gaius Borkowski, Textbook on Roman Law For reference: Buckland, A Textbook of Roman Law Jolowicz and Nicholas, Historical Introduction to Roman Law Schulz, History of Roman Legal Science Buckland and McNair, Roman Law and Common Law Metzger (ed), A Companion to Justinian's Institutes (1998)
PAPER 2. CONSTITUTIONAL LAW A. The allocation of powers 1. Sources and foundations of the constitution: (a) (b) (c) (d) (e) (f) 2. nature and sources of constitutional law; constitutional conventions; the separation of powers; the rule of law; principal organs of government, including the judiciary, the executive (including the Crown) and the royal prerogative; nature and sources of EU law.
Legislative authority in the United Kingdom: (a) (b) (c) (d) (e) (f) (g) Parliament: its composition and functions, including the role of the House of Lords; parliamentary sovereignty; the principal institutions of the EU; the status of EU law within national law; devolution of power; delegated legislation; introductory matters concerning the Human Rights Act 1998 with particular reference to its implications for the enactment and interpretation of legislation (and including horizontal effect).
B. The control of powers 1. Political accountability of the executive: (a) (b) (c) 2. relationship between the executive and Parliament, including ministerial responsibility (collective and individual); mechanisms for parliamentary accountability, including parliamentary questions, select committees, and the Parliamentary Commissioner for Administration; political accountability in local government in England, especially Labour’s reform programme.
Accountability to the judiciary: (a) (b) (c) (d) (e) the nature, scope and constitutional legitimacy of judicial review of administrative action; justiciability, including review of prerogative powers; standing; grounds for review; procedural issues and remedies.
The use of civil liberties and human rights standards in the control of power: (a) (b) (c) (d) protecting civil liberties in the UK; obligations imposed by the European Convention on Human Rights and the Human Rights Act 1998 in international and municipal law; freedom of expression and national security: official secrecy, freedom of information and breach of confidence; freedom of assembly: protest and public order.
READING Introductory: Tomkins, Public Law (2003) Leyland, The Constitution of the United Kingdom: A Contextual Analysis (2007) Brazier (ed), Parliament, Politics and Law Making: Issues and Developments in the Legislative Process (2004) Textbooks, cases and materials: Barnett, Constitutional and Administrative Law (7th ed 2010) Bradley and Ewing, Constitutional and Administrative Law (15th ed 2010) Elliott and Thomas, Public Law (1st ed 2011) Loveland, Constitutional Law, Administrative Law and Human Rights: A Critical Introduction (5th ed 2009) Thompson, Cases and Materials on Constitutional and Administrative Law (9th ed 2009) Turpin and Tomkins, British Government and the Constitution: Text, Cases and Materials (7th ed 2011) Further reading and reference: Allan, Law, Liberty, and Justice (1993) Allan, Constitutional Justice (2001) Allison, The English Historical Constitution (2007) Baldwin, Parliament in the Twenty-first Century (2005) Bingham, The Rule of Law (2010) Bogdanor (ed), The British Constitution in the Twentieth Century (2003) Bogdanor, The New British Constitution (2009) Brazier, Constitutional Practice (3rd ed 1999) Craig, Administrative Law (6th ed 2008) Dicey, Introduction to the Study of the Law of the Constitution (10th ed, Wade, 1959) Elliott, The Constitutional Foundations of Judicial Review (2001) Elliott, Beatson, Matthews and Elliott’s Administrative Law: Text and Materials (4th ed 2011) Feldman, Civil Liberties and Human Rights in England and Wales (2nd ed 2002) Feldman (ed), English Public Law (2nd ed 2009) Fenwick, Civil Liberties and Human Rights (4th ed 2007) Fenwick and Phillipson, Text, Cases and Materials on Public Law and Human Rights (3rd ed 2010) Forsyth and Hare (eds), The Golden Metwand and the Crooked Cord: Essays in Honour of Sir William Wade (1998) Gearty, Principles of Human Rights Adjudication (2004) Gearty, Can Human Rights Survive? (2006) Hailsham, On the Constitution (1982) Heuston, Essays in Constitutional Law (2nd ed 1964) Irvine, Human Rights, Constitutional Law and the Development of the English Legal System (2003) Jennings, The Law and the Constitution (5th ed 1959) Johnson, Reshaping the British Constitution (2004) Jowell and Oliver (eds), The Changing Constitution (7th ed 2011) Leigh, Law, Politics and Local Democracy (2000) Loughlin, The Idea of Public Law (2004) Loughlin, Foundations of Public Law (2010) Marshall, Constitutional Conventions (1986)
Marshall, Constitutional Theory (1971) Mowbray, Cases and Materials on the European Convention on Human Rights (2nd ed 2007) Oliver, Constitutional Reform (2003) Stevens, The English Judges: Their Role in the Changing Constitution (2004) Tomkins, Our Republican Constitution (2005) Wade, Constitutional Fundamentals (2nd ed 1989) Wade and Forsyth, Administrative Law (10th ed 2009) Statutes: Lee, Blackstone’s Statutes on Public Law and Human Rights (latest ed) PAPER 3. CRIMINAL LAW 1. General character of English criminal law, including the burden of proof. Principles underpinning the criminal law. Relationship of statute and common law. Reform and codification. 2. 3. 4. The external and fault elements of crimes; strict liability; defences. Complicity. Inchoate crimes. The liability of mentally disordered persons. Homicide (including corporate manslaughter); the principal offences against the person; the principal sexual offences (ss 1-13, 61-63); the principal offences under the Theft Acts (theft, robbery, burglary, handling, making off without payment); offences of fraud; criminal damage. A knowledge of the law of particular offences (other than those specified in (4) above, which will be listed on lecture outlines) is required only insofar as it is necessary to illustrate the application of the general principles of liability ((2) and (3) above). READING Introductory: Herring, Criminal Law (5th ed 2007) Padfield, Criminal Law (7th ed 2010) Textbooks: Herring, Criminal Law: Text, Cases and Materials (4th ed 2010) Simester and Sullivan, Criminal Law: Theory and Doctrine (4th ed 2010) Smith and Hogan, Criminal Law (13th ed 2011) Cases and Materials: Clarkson and Keating, Criminal Law: Texts and Materials (7th ed 2010) Lacey, Wells and Quick, Reconstructing Criminal Law; Text and Materials (4th ed 2010) Smith and Hogan, Criminal Law: Cases and Materials (10th ed 2009)
Statute book: Blackstone’s Statutes on Criminal Law (2011-2012) For reference: Archbold: Criminal Pleading, Evidence and Practice (latest annual edition) Ashworth, Principles of Criminal Law (6th ed 2009) Blackstone’s Criminal Practice (latest annual edition) Further reading: Hart, Law Liberty and Morality and Punishment and Responsibility Ashworth and Redmayne, The Criminal Process (3rd ed 2005) Padfield, Text and Materials on the Criminal Justice Process (4th ed 2008) PAPER 4. LAW OF TORT 1. 2. 3. 4. 5. 6. 7. 8. 9. Introduction. Liability for intentional harm and for harm resulting from intentional conduct (overview). Negligence. Causation and remoteness of damage. Remedies, especially damages for personal injury and death, and with reference to the effect of benefits under concurrent systems of alleviation. Death in relation to tort. Defences (consent; illegality; disclaimers; contributory negligence) including justifications for trespasses and defamation, but NOT including the details of the law of limitation or time-bar. Vicarious liability and ‘non-delegable duties’. Employers’ liability. Joint and several liability, and contribution between tortfeasors.
10. Occupiers’ liability. 11. Liability for defective products. 12. Tortious liability for criminal acts (including misfeasance in public office and public nuisance) and tortious liability for breach of statutory duty. 13. Private nuisance, trespass to land and liability under the rule in Rylands v. Fletcher. 14. Trespass to the person, including false imprisonment and related matters. 15. Liability for animals. 16. Defamation and privacy. Malicious falsehood and deceit. 17. Aims and adequacy of the law of tort. Outline knowledge of the following topics is expected, but detailed knowledge of them is not required: the calculation of the measure of damages; the Defective Premises Act 1972; claims against public bodies under the Human Rights Act; police powers of arrest and search; the Crown Proceedings Act 1947. The following topics are NOT included in the syllabus: passing-off and other forms of unfair competition; intentional economic torts; conversion and trespass to chattels; abuse of legal process and malicious prosecution; the procedural aspects of tort claims.
READING Introductory: Hedley, Tort (6th ed 2008) Weir, An Introduction to Tort Law (2nd ed 2006) Textbooks and casebooks: Murphy, Street on Torts (13th ed 2011) Hepple, Matthews and Howarth, Tort: Cases and Materials (6th ed 2008) Markesinis and Deakin’s Tort Law (6th ed 2007) McBride and Bagshaw, Tort Law (3rd ed 2008) Steele, Tort Law: Text, Cases and Materials Winfield and Jolowicz on Tort (18th ed 2010) Lunney and Oliphant, Tort Law Text and Materials (4th ed 2011) Statute Book: Blackstone’s Statutes on Contract, Tort and Restitution (latest ed) For reference: Atiyah, The Damages Lottery Booth and Squires, The Negligence Liability of Public Authorities Cane, Atiyah’s Accidents, Compensation and the Law (7th ed 2006) Cane, The Anatomy of Tort Law Clerk & Lindsell on Torts (20th ed 2010) Fleming, The Law of Torts (10th ed 2011) Harris, Campbell and Halson, Remedies in Contract and Tort (2nd ed 2002) Howarth, Textbook on Tort Burrows, Remedies for torts and breach of contract (3rd ed 2004) Weir, A Casebook on Tort (10th ed 2004) PAPER 10. LAW OF CONTRACT 1. Formation of a contract: offer and acceptance and contractual negotiations; certainty; intention to create legal relations; consideration; promissory estoppel; third parties. 2. 3. Vitiating factors: duress; undue influence; unconscionability; misrepresentation; non-disclosure; mistake. Contents of a contract: express and implied terms; interpretation; rectification; common law and statutory rules on exemption clauses and unfair terms. 4. 5. Discharge of contracts: performance; agreement; breach; frustration. Remedies: damages, specific remedies (actions for the price, specific performance, injunctions), account of profits following breach, recovery of money paid and recompense for goods and services.
Questions will not be set on: assignment of contractual rights; negotiability; agency; incapacity; gaming, wagering and illegality; legislation concerning ‘formalities’. READING Introductory Texts: Brownsword, Contract Law: Themes for the Twenty-First Century (2000) Cartwright, Contract Law: An Introduction to the English Law of Contract for the Civil Lawyer (2007) Detailed Texts: Andrews, Contract Law (2011) Anson’s Law of Contract (29th ed 2010) Chen-Wishart, Contract Law (3rd ed 2010) Cheshire, Fifoot and Furmston, The Law of Contract (15th ed 2007) McKendrick, Contract Law (8th ed 2009) O’Sullivan and Hilliard, The Law of Contract (4th ed 2010) Cases and materials: Beale, Bishop and Furmston, Contract – Cases and Materials (5th ed 2007) or Burrows, A Casebook of Contract (2nd ed 2009) or McKendrick, Contract, Text, Cases and Materials (4th ed 2010) or Poole, Casebook on Contract Law (10th ed 2010) or Smith and Thomas, Casebook (ed R Brownsword) (2009) For reference: Atiyah’s Introduction to the Law of Contract (SA Smith (ed)) (6th ed 2006) Burrows, Remedies for Torts and Breach of Contract (3rd ed 2004) Butterworths’ Law of Contract (Furmston ed) (3rd ed 2007) Chitty, Contracts (30th ed 2008) Collins, The Law of Contract (4th ed 2003) Harris, Campbell, Halson, Remedies in Contract and Tort (2nd ed 2002) SA Smith, Contract Theory (2004) Treitel, The Law of Contract (12th ed 2007, 13 ed forthcoming) (edition by Peel) Treitel, Some Landmarks of Twentieth Century Contract Law (2002) Examination reference materials: Blackstone’s Statutes on Contract, Tort and Restitution (any ed) or Sweet and Maxwell’s Statutes on Contract, Tort and Restitution (any ed)
PAPER 11. LAND LAW 1. Introduction: The definition of land (including fixtures). Alienability of land and fragmentation of benefit. Freehold and leasehold estates. Law and equity. Trusts and the doctrine of notice. Historical overview of the property legislation 1925-2002. Adverse possession (in both registered and unregistered land). Human rights and property law. 2. Registration of title: Registrable interests. Notices and restrictions. Dispositions. Interests that override registered dispositions. Alteration and indemnity. 3. Trusts and co-ownership: Concurrent interests. Trusts of land. Acquisition of beneficial interests. Overreaching. Joint tenancy and tenancy in common. Termination of co-ownership: severance and survivorship. 4. Mortgages: Creation and characteristics. Protection of the equity of redemption. Regulation of mortgage finance. Undue influence, duress, misrepresentation. Protection against third parties. Rights and remedies of mortgagees (excluding questions of priority between mortgagees). Judicial control of rights to possession. 5. 6. 7. Easements: Creation (including prescription) and characteristics. Termination. Protection against third parties. Freehold covenants: Definition. Enforceability (transmission of benefit and burden). Termination. Leases: Creation and characteristics. Assignment of leases. Termination of leases. Protection against third parties. Enforceability of landlord and tenant covenants in post 1995 leases. 8. Informally created interests in land: Licences. Proprietary estoppel. Protection against third parties.
Only outline knowledge will be required of the Land Charges Act 1972. Questions will not be set on incorporeal hereditaments other than easements, the statutory security of tenure of tenants, the interpretation of freehold or leasehold covenants, or other circumstances in which covenants may be implied into leases. READING Introductory books: Cooke, Land Law (2006) Gardner, An Introduction to Land Law (2nd ed 2009) Gray and Gray, Land Law Core Text (7th ed 2011) Lawson and Rudden, The Law of Property (3rd ed 2002) Smith, Introduction to Land Law (2nd ed 2010) Textbooks: Cheshire and Burn, Modern Law of Real Property (18th ed 2011) Dixon, Modern Land Law (7th ed 2010) Gray and Gray, Elements of Land Law (5th ed 2008) Megarry and Wade, Law of Real Property (7th ed 2008) (8th ed expected 2012) Smith, Property Law (7th ed 2011) Thompson, Modern Land Law (4th ed 2009)
Cases and materials: Clarke and Kohler, Property Law: Commentary and Materials (2005) Gravells, Land Law: Text and Materials (4th ed 2010) Maudsley and Burn, Land Law: Cases and Materials (9th ed 2009) McFarlane, Hopkins and Nield, Land Law: Text, Cases and Materials (2009) Smith, Property Law: Cases and Materials (4th ed 2009) Collections of essays: Bright and Dewar, Land Law: Themes and Perspectives (1998) Cooke (ed), Modern Studies in Property Law: vols 1 to 4 (2001- 2007) Dixon (ed), Modern Studies in Property Law: vol 5 (2009) Bright (ed), Moder Studies in Property Law: vol 6 (2011) Getzler (ed), Rationalising Property, Equity and Trusts (2003) Hudson, New Perspectives on Property Law, Obligations and Restitution (2003) Lim and Bottomley (eds), Feminist Perspectives on Land Law (2007) Tee (ed), Land Law: Issues, Debates, Policy (2002) Reference books: Allen, Property and the Human Rights Act 1998 (2005) Cooke, The New Law of Land Registration (2003) Harpum and Bignell, Registered Land (2004) Ruoff and Roper, Registered Conveyancing (loose-leaf) Statute books: Blackstone’s Statutes on Property Law Butterworths’ Property Law Handbook Butterworths’ Student Statutes: Property Law Sweet & Maxwell’s Property Statutes Law Commission: Law Commission publications can be consulted at http://www.lawcom.gov.uk PAPER 12. INTERNATIONAL LAW 1. 2. 3. 4. 5. 6. 7. 8. 9. Introduction and Overview. The Law of Treaties. International Responsibility. Legal Regulation of the Use of Force. Personality, Statehood and Government. Title to Territory. Human Rights. Jurisdiction and State Immunity. Sources of International Law (revisited).
10. International law and English law.
11. Settlement of Disputes, with special emphasis on the International Court of Justice. READING Reading guides/outlines will be issued for each topic. Students are encouraged to do the further reading indicated for particular topics, as well as general reading in and around subjects of international law that interest them. Basic texts: Shaw, International Law (6th ed 2008) Dixon, Textbook on International Law (6th ed 2007) Students may also find the following introductory texts useful: Lowe, International Law (2007) Malanczuk, Akehurst’s Modern Introduction to International Law (9th ed 2009) Aust. Handbook of International Law (2nd ed 2010) Cases and materials: Harris, Cases and Materials on International Law (7th ed 2010) Students may also find useful: Dixon, McCorquodale and Williams, Cases and Materials on International Law (5th ed 2011) Basic documents: Evans, Blackstone’s International Law Documents (9th ed 2009) Suggested further reading: Charlesworth and Chinkin, The Boundaries of International Law (2000) Evans (ed), International Law (3rd ed 2010) Crawford and Koskenniemi (eds), Cambridge Companion to International Law Current controversies are well covered in the American Journal of International Law and the International & Comparative Law Quarterly (both quarterly). International Legal Materials (6 times a year) prints major documents, treaties and decisions, which for the most part can also be found in Westlaw and Lexis. Also recommended is the European Journal of International Law. Most important cases in the field are reported in the International Law Reports. The contemporary practice of the UK is to be found in the British Yearbook of International Law. The following websites also contain useful material: www.un.org and www.icj-cij.org.
PAPER 13. CIVIL LAW II The paper is divided into two parts. 1. European Legal History. commentators; humanists. The revival of Roman law and the formation of the canon law; glossators and Roman law in England and practice in the Courts of the Church and Admiralty.
Developments in France (natural law, national laws, codification, the emergence of public law), in Germany (the historical school, codification) and elsewhere. 2. The Lex Aquilia, with particular reference to Digest IX.2. The main areas covered are the origins and early history of the lex; the scope of chapters 1 and 3; iniuria and culpa; causation; damages; and praetorian extensions to liability under the lex. The course will also consider the later development of the Civil law tradition of Aquilian liability. READING European Legal History: Allison, A Continental Distinction in the Common Law Brundage, Medieval Canon Law Dawson, The Oracles of the Law Johnston, Roman Law in Context Robinson, Fergus and Gordon, European Legal History (3rd ed) Stein, Roman Law in European History Van Caenegem, An Historical Introduction to Private Law Van Caenegem, Judges, Legislators and Professors Van Caenegem, An Historical Introduction to Western Constitutional Law Wieacker (trans. Weir), A History of Private Law in Europe Lex Aquilia: Buckland, Textbook of Roman Law Lawson, Negligence in the Civil Law Lawson and Markesinis, Tortious Liability for Unintended Harm in the Common Law and the Civil Law Zimmermann, The Law of Obligations PAPER 20. ADMINISTRATIVE LAW 1. 2. 3. 4. 5. 6. 7. 8. Introduction: statutory interpretation; the role of the judiciary; appeal and review; the ambit and scope of review; the ultra vires rule; the constitutional foundations and legitimacy of judicial review. Jurisdictional Control: error of fact; error of law. Collateral challenge and nullity. Control of Discretionary Power: retention of discretion (including dictation, delegation, over-rigid policies and fettering by contract). Control of Discretionary Power: abuse of discretion (including unreasonableness, bad faith, irrelevant considerations, improper purposes and proportionality). Procedural Requirements: fairness and the rules of natural justice. The Nature and Scope of the Doctrines of Legitimate Expectations and Estoppel. Remedies: restrictions on review (including standing, exclusion of review and discretion to withhold). Remedies: the public/private distinction; remedies available in judicial review proceedings (including damages).
READING Basic Texts: Cane, An Introduction to Administrative Law (4th ed 2004) Craig, Administrative Law (6th ed 2008) Elliott, Beatson, Matthews and Elliott’s Administrative Law: Text and Materials (3rd ed 2005) Wade and Forsyth, Administrative Law (10th ed 2009) Further reading: Allan, Constitutional Justice (2001) Allan, Law, Liberty and Justice: Legal Foundations of British Constitutionalism (1993) Forsyth (ed), Judicial Review and the Constitution (2000) Elliott, Constitutional Foundations of Judicial Review (2001) Moules, Actions against Public Officials: Legitimate Expectations, Misstatements and Misconduct (2009) Galligan, Due Process and Fair Procedures (1996) Galligan, Discretionary Powers (1986) Loughlin, Public Law and Political Theory (1992) Loughlin, Sword and Scales (2000) Forsyth and Hare (eds), The Golden Metwand and the Crooked Cord (1998) Beatson and Tridimas (eds), New Directions in European Public Law (1998) Taggart (ed), The Province of Administrative Law (1997) Bailey, Jones and Mowbray, Cases and Materials on Administrative Law (4th ed 2005) de Smith, Judicial Review of Administrative Action (6th ed 2007) Fordham, Judicial Review Handbook (plus Administrative Law Digest) (5th ed 2008) Lewis, Judicial Remedies in Public Law (3rd ed 2004) Woolf, Protection of the Public - A New Challenge (Hamlyn Lectures, 1990) Administrative Justice: Some Necessary Reforms (JUSTICE - All Souls Review, 1988) Harlow and Rawlings, Law and Administration (2nd ed 1997) Judicial Review of Administrative Action in the Eighties (1986, ed Taggart) Detmold, Courts and Administrators (1989) Richardson and Genn, Administrative Law: the Courts and Alternative Mechanisms Schonberg, Legitimate Expectations in Administrative Law (2000) PAPER 21. FAMILY LAW 1. Introduction: the meaning of ‘family’ in family law; marriage, civil partnership, cohabitation and other family arrangements; family proceedings, family decision-making; human rights and family law; reform of family law. 2. Marriage, civil partnership and divorce/dissolution: the formation of marriage and civil partnership.
Divorce/Dissolution and Separation, including special procedure; reconciliation and mediation; presumption of death. 3. Property and families: ascertainment of beneficial ownership; trusts; financial relief during marriage/civil partnership and on/or after divorce/dissolution or nullity; financial support of children; occupation of the home and remedies for domestic violence. Effects on a will of marriage or divorce; intestate succession; family provision on death.
Children: parentage (including assisted reproduction and the acquisition of parentage through surrogacy) and parental responsibility; children's rights and capacities; The Private Law: resolution of disputes over residence, contact and other issues; social parenthood. The Public Law: the role of local authorities in the care and protection of children; support for children in need; emergency protection; compulsory care and supervision; wardship and the inherent jurisdiction; adoption, and special guardianship; assisted reproduction and surrogacy.
Questions will not be set on the formalities of marriage; evidentiary privilege; social security law; taxation. READING Harris-Short and Miles, Family Law: Text, Cases and Materials (2nd ed 2009) (and updates on
www.oup.com/uk/orc/bin/9780199277162/) Herring, Family Law (5th ed 2011) Lowe and Douglas, Bromley’s Family Law (10th ed 2006) Masson, Bailey-Harris and Probert, Cretney’s Principles of Family Law (8th ed 2008) Blackstone’s Statutes on Family Law (20th ed 2011) For introductory reading and/or revision: Douglas, An Introduction to Family Law (2nd ed 2004) Probert, Cretney’s Family Law (7th ed 2009) Standley, Family Law (7th ed 2010) Cases and materials (optional): Hale, Pearl, Cooke and Monk, The Family Law and Society: Cases and Materials (6th ed 2008) For reference: Diduck and Kaganas, Family Law, Gender and the State (2nd ed 2006) Fortin, Children's Rights and the Developing Law (3rd ed 2009) Eekelaar, Family Law and Personal Life (2006) Cretney, Same-Sex Relationships: From ‘Odious Crime’ to ‘Gay Marriage’ (2006) Choudhry and Herring, European Human Rights and Family Law (2010) Gilmore et al (eds), Landmark Cases in Family Law (2011) PAPER 22. LEGAL HISTORY The Legal History paper provides a general survey of changes in English legal institutions, principles and ideas from 1066. The law is rooted in historical sources, such as decided cases and statutes, and it has never stood still; therefore all lawyers, whether they know it or not, are constantly confronted by legal history. 1. Institutions of the law; the types and sources of English law The sources and literature of English law: mechanisms of law making; record, formularies, reports, treatises; precedent; legal education.
The leading institutional and procedural developments in the common law: the rise of the common law; the courts of common law, their origin, personnel and jurisdiction; writs and the forms of action; modes of proof; pleading; motions in banc; the review of decisions. The conciliar courts, Chancery and Star Chamber; the growth of equity and its relation to the common law. The ecclesiastical courts. 2. Obligations Forms of action: praecipe writs; trespass vi et armis; trespass on the case. Tort: customs of the realm; negligence, including an outline of developments to 1932. Contract: covenant and debt; assumpsit for misfeasance, non-feasance, and debt; consideration; privity; the emergence of contractual ideas in the nineteenth century. 3. Criminal law The history of criminal liability: criminal procedure; punishment; development of substantive criminal law; homicide. 4. Property The history of the law of real property: tenure and ‘feudalism’; services and incidents of tenure; inheritance; estates; the real actions; terms of years; copyhold; ejectment; settlements. The history of trusts: medieval uses; the Statute of Uses 1536; un-executed uses after the Statute. The following topics will be considered in outline only: detinue, trover and conversion; account; quasi-contract; defamation; nuisance; executory interests and perpetuities; the equity of redemption. No detailed knowledge will be required of the period before 1066. READING General: Baker, An Introduction to English Legal History (4th ed) Milsom, Historical Foundations of the Common Law (2nd ed) Ibbetson, A Historical Introduction to the Law of Obligations Simpson, A History of the Land Law (2nd ed) Milsom, A Natural History of the Common Law Baker and Milsom, Sources of English Legal History (1st or 2nd ed) For further reference: Plucknett, Concise History of the Common Law (5th ed) Holdsworth, History of English Law
Kiralfy, A Source Book of English Law Langbein, Lerner and Smith, History of the Common Law: the Development of Anglo-American Legal Institutions (2009) Pollock and Maitland, The History of English Law before the time of Edward I (2nd ed re-issued 1968) Baker, Oxford History of the Laws of England, vol. VI, 1483-1558 Palmer, English Law in the Age of the Black Death Simpson, History of the Common Law of Contract Milsom, The Legal Framework of English Feudalism PAPER 23. CRIMINOLOGY, SENTENCING AND THE PENAL SYSTEM 1. Historical Background: Recent developments in criminal justice and the penal system in England and Wales (excluding criminal trials and pre-trial procedure). Relationship of these developments to aspects of broader social change in late modernity. 2. Patterns of crime, offending and victimisation (primarily in England and Wales, with international comparisons where appropriate). Strengths and weaknesses of data sources and the role of the media in shaping interpretation of data sources. 3. Theories and findings on pathways into crime at individual, family and community levels of analysis, and evidence on what is known about the causes and prevention of crime, and desistance from offending. 4. Theories of punishment, and the law of sentencing: justifications for penal measures, especially desert, deterrence, incapacitation, rehabilitation, restorative justice and reparation. The efficacy of penal measures. 5. How the sentencing and penal system works: sentencing law: theory, policy and practice, the discretion to prosecute and alternative systems of intervention such as restorative justice. 6. 7. 8. Sentencing provisions in practice: community penalties, prisons, parole. Dealing with identified groups of offenders: young offenders, dangerous and sex offenders, women offenders. Contemporary issues in criminal justice: race and gender issues relating to fairness and discrimination; the link between politics and sentencing policy and practice. READING Main Texts: Newburn, Criminology (2007) Easton and Piper, Sentencing and Punishment: The Quest for Justice (2nd ed 2008) Additional Reading: Ashworth, Sentencing and Criminal Justice (4th ed 2005) Becker, Outsiders: Studies in Sociology of Deviance (1963) Braithwaite, Crime, Shame and Reintegration (1990) Erikson, Wayward Puritans: A Study in the Sociology of Deviance (1966)
Farrington et al., Criminal Careers up to age 50 and life success up to age 48: New findings from the Cambridge Study in Delinquency Development. Research Study 299. Home Office (2006) http://www.homeoffice.gov.uk/rds/pdfs06/hors299.pdf Gelsthorpe and Padfield (eds), Exercising Discretion: Decision-Making in the Criminal Justice System and Beyond (2003) Gelsthorpe and Morgan (eds), Handbook of Probation (2007) von Hirsch and Ashworth, Proportionate Sentencing: Exploring the Principles (2005) Laub and Sampson, Shared Beginnings, Divergent Lives (2003) Liebling, assisted by Helen Arnold, Prisons and Their Moral Performance (2004) Maguire, Morgan and Reiner (eds), The Oxford Handbook of Criminology (4th ed 2007) McGuire (ed), Offender Rehabilitation and Treatment: Effective Programmes and Policies to Reduce Reoffending (2002) Ramsbotham, Prisongate: The Shocking State of Britain’s Prisons and the Need for Visionary Change (2003) Sherman and Farrington et al, Evidence-Based Crime Prevention (2006) Tonry, Punishment and Politics: Evidence and Emulation in the Making of English Crime Control Policy (2004) Walker, Why Punish (1991) Statutes: Blackstone’s Statutes on Criminal Justice and Sentencing (latest ed) PAPER 24. EQUITY 1. Introduction: (a) History (b) Equity as a system and its relationship with the common law (c) Trusts: asset partitioning and asset management (d) The nature of beneficial rights (e) Examples of trusts, interests and practical applications (f) 2. Comparison with other legal and equitable institutions
Express trusts as bargains about ring-fenced assets: (a) Examples and explanation of beneficial interests (b) Examples and explanation of dispositive powers and controls on their exercise (c) The law governing such interests: (i) Certainty in essential elements of the trust (intention, sham trusts, subject-matter and objects), and its relation to the exercise of trustees’ powers (ii) Standing and enforcement of trustees’ duties (including the beneficiary principle but excluding trusts of imperfect obligation) (iii) Limitations on discretion (iv) Constitution of trusts (including formalities for the declaration of trusts but excluding covenants to settle, the rule in Strong v. Bird, Re Ralli’s WT, and donatio mortis causa) (v) Formalities for the disposition of equitable interests (by direct assignment and by direction to an express trustee only) (vi) Perpetuities (in outline)
The Administration of Trusts: (a) Trust funds and trusts of specific assets (including equitable rights in funds) (b) Trustees’ administrative powers, including trustees’ powers of investment (in outline) and delegation (c) Review of trustees’ discretion and access to information
(d) Trustees’ duties of care, including in investment (e) Appointment and removal of trustees 4. Trustees’ Personal Liabilities for Breach of Trust: (a) What is breach of trust (b) Personal remedies for breach (accounting for losses and gains) (c) Contribution (d) Indemnity (e) Contributory fault 5. Fiduciary Obligations: (a) The nature and function of fiduciary obligations (b) The content of fiduciary obligations (c) Bargaining around fiduciary obligations (d) Remedies for breach of fiduciary obligations (including rescission, account, constructive trusts) 6. Tracing and Proprietary Remedies: (a) Rights to trace (b) Tracing rules (c) Rights and remedies consequent on tracing 7. The Personal Liabilities of Third Parties in respect of trusts: (a) Trusteeship de son tort (b) Liability for receipt of misapplied trust funds and/or their proceeds (c) Liability for assisting in a breach of trust 8. The holding of Property by Unincorporated Associations: (a) ‘Contract holding theory’ (b) The courts’ preference for contract holding: its reasons and strength (c) The dissolution of unincorporated associations 9. Resulting Trusts: (a) The nature, function and incidence of resulting trusts (b) Quistclose trusts 10. Charities: (a) Charitable purposes (b) Public benefit (c) Cy-près (d) Reform 11. Other Equitable Remedies: (a) Freezing Injunctions (b) Search Orders The following topics are not within the syllabus: secret trusts, variation of trusts, administration of a solvent estate, assignments of choses in action, bills of sale, partnerships, penalties, persons of unsound mind, and any tax aspects of trusts.
READING Hanbury and Martin, Modern Equity (18th ed 2009) or Parker and Mellows, The Modern Law of Trusts (9th ed 2008) or Pearce, Stevens and Barr, Law of Trusts and Equitable Obligations (5th ed 2010) or Pettit, Equity and the Law of Trusts (11th ed 2009) or Hayton and Mitchell, Cases and Commentary on The Law of Trusts (13th ed 2010) or Maudsley and Burn, Trusts and Trustees: Cases and Materials (7th ed 2008) or Moffat, Trusts Law: Text and Materials (5th ed 2009) Blackstone’s Statutes on Property Law (any recent ed) or Butterworths’ Property Law Handbook (latest ed) Students are advised to ensure that their copy of statutory materials includes the Charities Act 2006. For reference: Birks and Pretto (ed), Breach of Trust (2002) Chambers, Resulting Trusts (1997) Goff and Jones, The Law of Restitution (7th ed 2007) Hayton, Extending the Boundaries of Trusts and Similar Ring-Fenced Assets (2002) Lewin on Trusts (18th ed 2008) Meagher, Gummow and Lehane, Equity: Doctrines and Remedies (4th ed 2002) Mitchell (ed), Constructive and Resulting Trusts (2010) Oakley, Constructive Trusts (3rd ed 1997) Oakley (ed), Trends in Contemporary Trust Law (1996) Smith, The Law of Tracing (1997) Snell, Equity (32nd ed 2010) Swadling (ed), The Quistclose Trust: Critical Essays (2004) Underhill and Hayton, Law Relating to Trusts and Trustees (18th ed 2010) For general introduction: Gardner, An Introduction to the Law of Trusts (3rd ed 2011) Hayton, The Law of Trusts (4th ed 2003) Worthington, Equity (2nd ed 2006) PAPER 25. CRIMINAL PROCEDURE AND CRIMINAL EVIDENCE 1. Sources of the rules of criminal procedure and criminal evidence. The initiation and conduct of prosecutions. Police powers (in outline). Interrogation of suspects. The decision to prosecute. Committal and pre-trial disclosure (including public interest immunity). Abuse of process. The indictment. Pleas. The right of silence. The course of evidence. Anonymous witnesses. Submission of no case. Verdicts. The system of appeals. 2. The modes and difficulties of proof and the general principles of the law of evidence in criminal cases. Judicial notice. Relevance. Admissibility. The competence of witnesses, with especial regard to the evidence of children. The examination of witnesses and the course of the trial. Hearsay. Opinion evidence. The burden and standard of
Proof of other misconduct.
Evidence of identification.
consistent and inconsistent statements.
Discretion to exclude evidence.
Confessions and the implications of
defendants’ silence, lies etc. Improperly obtained evidence. Evidence in rebuttal. Functions of judge and jury. READING Textbooks: Munday, Evidence Cross and Tapper, Evidence Roberts and Zuckerman, Criminal Evidence Sprack, A Practical Approach to Criminal Procedure Hungerford-Welch, Criminal Procedure and Sentencing Blackstone’s Statutes on Evidence (latest ed), plus Faculty supplement Further reading: Ashworth, The Criminal Process Zander, The Police and Criminal Evidence Act 1984 Eggleston, Evidence, Proof and Probability Review of the Criminal Courts (Auld, LJ) Roberts and Redmayne, Innovation in Evidence and Proof: Integrating Theory, Research and Teaching Practitioners’ books (for reference): Phipson, Evidence Archbold, Criminal Pleading, Evidence and Practice Blackstone’s Criminal Practice Spencer, Bad Character Spencer, Hearsay Evidence in Criminal Proceedings PAPER 26. EUROPEAN UNION LAW 1. Constitutional issues: (a) The objectives, structure and legal character of the European Union. (b) The interplay between the political institutions (European Council, Council of Ministers, Commission and European Parliament) in the EU’s legislative process, and the issues this raises for the democratic legitimacy for the European Union; forms of EU legislation. (c) The organising principles of the legal order: primacy and direct effect; the attribution of powers, subsidiarity, proportionality; general principles of law. (d) Protection of fundamental rights, with particular reference to the EU Charter of Fundamental Rights. 2. Remedies: (a) Proceedings before the Court of Justice: references for preliminary rulings; actions for annulment; please of illegality (outline only); actions for damages against a Union institution and enforcement actions against Member States (outline only).
(b) Remedies in national courts: the extent of Member States’ procedural autonomy; Factortame (No. I) and its aftermath; Francovich and its aftermath. 3. The internal market: (a) Free movement of goods: the customs union and the common market; customs duties and charges having equivalent effect; discriminatory internal taxation; quantitative restrictions and measures having equivalent effect; the effect of the Keck line of case law; justifications for national restrictions on freedom of movement (not including intellectual property rights); the effect of the Unfair Commercial Practices Directive on Keck. (b) Free movement of persons: free movement of workers; freedom of establishment (not including mutual recognition of qualifications, directives or company law); freedom to provide services; citizenship of the Union. READING Foster, EU Legislation (2011-2012) Barnard, The Substantive Law of the European Union: The Four Freedoms (3rd ed) Craig and de Búrca, EU Law: Text, Cases and Materials (5th ed) Craig and de Búrca, The Evolution of EU Law (2nd ed) Hartley, The Foundations of European Community Law (7th ed) Weatherill, Cases and Materials on EU Law (9th ed) Wyatt and Dashwood’s European Union Law (6th ed) http://europa.eu (general EU home page) http://curia.eu.int (Court of Justice home page) PAPER 40. COMMERCIAL LAW 1. 2. 3. 4. 5. Commercial sale of goods. International sales and associated methods of finance. Agency. Assignment of choses in action. Security over personal property: possessory and non-possessory forms of security and other legal devices which effectively create a security interest. Questions will not be set on the statutory provisions relating to the registration of company charges. READING Recommended books: Atiyah, Adams and MacQueen, Sale of Goods (12th ed 2010) Goode and McKendrick, Commercial Law (4th ed 2009) Munday, Agency: Law and Principles (2010) Sealy and Hooley, Commercial Law: Text, Cases and Materials (4th ed 2009) Blackstone’s Statutes on Commercial and Consumer Law (latest ed)
For reference: Benjamin, Sale of Goods (8th ed 2010) Bowstead and Reynolds on Agency (19th ed 2010) Bridge, Personal Property Law (3rd ed 2002) Bridge, Sale of Goods (2nd ed 2009) Fridman, Law of Agency (7th ed 1996) Smith, The Law of Assignment (2007) Tolhurst, The Assignment of Contractual Rights (2006) Company Security Interests (Law Commission Report 296, 2005) PAPER 41. LABOUR LAW 1. 2. Introduction: sources; history, personal scope, territorial effect. Contract of employment: express and implied terms, incorporation of terms from collective agreements and works rules; changes to terms of employment; proof of terms; payment of wages and salaries. Duties of co-operation and fidelity. 3. Termination of employment: with and without notice; wrongful dismissal; unfair dismissal; economic restructuring (and TUPE), redundancy. 4. Freedom of association: trade union freedom and recognition; information, consultation and collective bargaining; collective and workforce agreements. 5. 6. Industrial action: right to strike; effect of industrial action on the contract of employment and employment rights. Equality and prohibition of discrimination: concepts of direct and indirect discrimination; protected characteristics; exceptions; enforcement; equal pay; work-life balance; duties on public authorities. READING Textbook (essential): Deakin and Morris, Labour Law (5th ed 2009) Materials: (which should be brought to all classes and may be taken into the examination) Blackstone’s Statutes on Employment Law (latest ed) or Butterworths’ Employment Law Handbook (latest ed) Further reading: Barnard, Deakin and Morris (eds), The Future of Labour Law (2004) Barnard, EC Employment Law (3rd ed 2006) Collins, Employment Law (2003) Davies, Perspectives on Employment Law (2004)
Fredman, Women and the Law (1997) Fredman, Discrimination Law (2002) Freedland, The Personal Employment Contract (2003) Davies and Freedland, Labour Legislation and Public Policy (1993) Davies and Freedland, Towards a Flexible Labour Market: Labour Legislation and Regulation since the 1990s (2007) Davidov and Langille (eds), The Idea of Labour Law (2011) (Reference to periodical and other literature will be made in the lecture handouts.) For reference: Sweet & Maxwell’s Encyclopaedia of Employment Law (loose-leaf) Harvey’s Employment Law (loose-leaf) PAPER 42. INTELLECTUAL PROPERTY 1. Introduction: nature and objectives of intellectual property, and its justifications. EU harmonisation and international relations (in outline). 2. Copyright: types of subject matter, authorship and ownership, originality, scope of economic rights and exceptions (focusing on fair dealing, public interest, and incidental inclusion), moral rights (excluding droit de suite and performers’ rights), remedies. Copyright and digital technology (including Internet, peer-to-peer, Digital Economy Act 2010 but covering computer programs and databases in outline only). 3. Confidential information (including trade secrets and private information, the impact of Article 8 ECHR): legal basis; requirements for protection; public interest and Article 10; remedies. 4. Rights in trade marks and names: Protection at common law: passing off (including personality and character merchandising, extended passing off). Registrability, loss of rights, scope of protection. Remedies. 5. Patents: Scope and objectives. Validity, infringement, ownership and dealing. Impact of biotechnology.
READING General texts: Bently and Sherman, Intellectual Property Law (3rd ed 2008) Aplin and Davis, Intellectual Property Law: Text, Cases and Materials (2009) Cornish and Llewellyn, Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights (7th ed 2010) Davis, Introduction to Intellectual Property (3rd ed 2008) Holyoak and Torremans, Intellectual Property Law (5th ed 2008) MacQueen et al, Contemporary Intellectual Property (2008) Cases and Statutes: Cornish, Materials on Intellectual Property (5th ed 2006) Blackstone’s Statutes on Intellectual Property (latest ed)
PAPER 43. COMPANY LAW 1. Legal structures for business. Forms of business association contrasted; advantages and disadvantages of
incorporation; ‘public’/’private’ companies; corporate personality. 2. 3. 4. ‘Lifting the corporate veil’, with special emphasis on (i) abuse of limited liability (ii) corporate groups. The company’s constitution. Section 33 contract; amendment of articles; shareholders’ agreements. Management. The company’s officers and organs; division of power between board and general meeting; residual powers of general meeting; general meetings and resolutions; board meetings; legal rules governing the enforceability of transactions with companies. 5. 6. 7. Directors. Appointment and tenure; executive and non-executive directors; remuneration; duties. Minority shareholder protection. The derivative action; the “unfair prejudice” remedy. Capital, class rights and creditor protection. Rules governing raising and maintenance of capital and dissipation of corporate assets; alteration of rights attaching to shares; adjustment of prior transactions as part of insolvency proceedings; fraudulent and wrongful trading. Questions will not be set specifically on the following topics but students will benefit from a general knowledge of them: history of companies, types of business associations other than companies, international aspects of company law, theories of corporate personality, pre-incorporation contracts; mens rea of companies, promoters, transfer of shares, certification of transfers and equitable interests in shares, taxation, foreign companies, marketing of securities, corporate securities regulation, procedural aspects and formalities of liquidation, administration and receivership. READING Introductory: Davies, Introduction to Company Law (2nd ed) (chapters 1, 2) Main Textbook: Davies and Gower, The Principles of Modern Company Law (8th ed) Statutes: Blackstone’s Statutes on Company Law (latest ed) Butterworths’ Company Law Handbook (latest ed) Palgrave Macmillan, Core Statutes on Company Law (latest ed) Routledge, Company Law Statutes (latest ed) Casebook: Sealy and Worthington, Cases and Materials on Company Law (9th ed)
For Reference: Arden and Prentice, Buckley on the Companies Acts (loose-leaf) Birds et al, Boyle and Birds’ Company Law (8th ed) Cheffins, Company Law: Theory, Structure and Operation Davies, Introduction to Company Law (2nd ed) Ferran, Principles of Corporate Finance Law Hannigan, Company Law (2nd ed) Kershaw, Company Law in Context: Text and Materials Lord Millett et al, Gore-Browne on Companies (loose-leaf) Lowry and Dignam, Company Law (6th ed) Lowry and Reisberg, Pettet’s Company Law (3rd ed) Morse et al, Palmer’s Company Law (loose-leaf) PAPER 44. ASPECTS OF OBLIGATIONS 1. 2. 3. 4. 5. 6. 7. 8. 9. Property torts (conversion and trespass) and bailment. Economic torts: inducing a breach of contract, conspiracy and intentionally causing loss by unlawful means. Illegality as a bar to claims in contract, tort and unjust enrichment. Unjust enrichment: the nature of the claim, enrichment, absence of basis, mistake, failure of consideration, and defences. Restitution for wrongs. Accessional liability. Subrogation, contribution and recoupment. Scope of liability and factual causation in tort. Tort and rights.
10. Personal injury law in operation. READING Introductory: O’Sullivan and Hilliard, The Law of Contract (4th ed 2010) Weir, An Introduction to Tort Law (2nd ed 2006) Burrows, Remedies for Torts and Breach of Contract (3rd ed 2005) Hedley, A Critical Introduction to Restitution (2001) For reference: Beatson, Anson’s Law of Contract (29th ed 2010) Neyers, Bronaugh and Pitel, Exploring Contract Law (2009) Rogers, Winfield & Jolowicz on Tort, (18th ed 2010) McBride and Bagshaw, Tort Law (3rd ed 2008) Burrows and Peel (eds), Commercial Remedies (2003) Carty, An Analysis of the Economic Torts (2nd ed. 2010) Goff and Jones, Law of Restitution (7th ed 2009) Burrows, The Law of Restitution (3rd ed 2010) Virgo, Principles of the Law of Restitution (2nd ed 2006)
Birks, Unjust Enrichment (2nd ed 2005) Palmer, Bailment (3rd ed 2009) Burrows (ed), English Private Law (2nd ed 2007) Green and Randall, The Tort of Conversion (2009) Stevens, Torts and Rights (2007) PAPER 45. CONFLICT OF LAWS 1. 2. Introduction: the structure of the Conflict of Laws. Jurisdiction of the English courts under the European Regulation on jurisdiction and enforcement of judgments and at common law. The staying of actions. 3. 4. 5. Anti suit injunctions. Recognition and enforcement of foreign judgments at common law and under the European Regulation. Obligations: (a) Contractual (b) Non-contractual 6. Property: (a) Immovables. (b) Movables - tangible and intangible property. 7. Characterisation, renvoi, proof of foreign law and public policy. These will be treated as pervasive topics throughout the syllabus. Regard will be had to leading American and Commonwealth authorities, where appropriate. These will be used to illustrate different theories of the conflict of laws as well as comparative solutions to the problems raised by the subject. Questions will not be set on the law relating to restitution, negotiable instruments, bankruptcy, insolvency, administration of estates, succession, marriage, recognition of foreign divorces and children. READING Students are recommended to read one of the following: Cheshire and North, Private International Law (14th ed 2008) or Clarkson and Hill, The Conflict of Laws (3rd ed 2007) or (as introduction) Briggs, The Conflict of Laws (2nd ed 2008) For reference: Dicey and Morris, The Conflict of Laws (14th Rev ed 2008) Fentiman, International Commercial Litigation (2010)
PAPER 46. COMPARATIVE LAW The course will cover the following areas: 1. Comparative Legal Study and Methods (i) (ii) (iii) 2. Purposes and methods of comparative law The origins and modern development of English, French and German laws Legal professions and institutions
Harmonisation of Law in Europe Harmonisation: Examples from the Principles of European Tort Law and the Draft Common Frame of Reference projects: responsibility for others and causation
Tort and Delict in England, France and Germany (i) (ii) (iii) Fault and Strict Liability Concurrence of liability in contract and tort Causation
Contracts in England, France and Germany (i) (ii) (iii) (iv) (v) Formation and the enforceability of promises Factors vitiating consent (principally mistake) Content of contractual obligations Principles of good faith Treatment of third parties
Unjust enrichment (in outline only)
READING Books marked with * should be available in your College Library General: * Zweigert and Kötz, Introduction to Comparative Law (3rd ed 1998) * Bell, Boyron and Whittaker, Principles of French Law (2nd ed 2008) (*) Zekoll and Reimann, Introduction to German Law (2nd ed 2005) Sources: Van Caenegem, Judges, Legislators and Professors (1987) Bell, French Legal Cultures (2002) Bell, Judiciaries within Europe (2006) Delict: * Van Gerven, Lever and Larouche, Tort Law (2000) * Whittaker (ed), The Development of Product Liability (2010) * Ernst, The Development of Traffic Liability (2010)
Jansen, The Development and Making of Legal Doctrine (2010) Martin-Casals (ed), The Development of Liability in Relation to Technological Change (2010) Hondius (ed), The Development of Medical Liability (2010) (*) Markesinis and Unberath, German Law of Torts (4th ed 2002) Contract: * Beale, Hartkamp, Kötz and Tallon, Contract Law (2nd ed 2010) Nicholas, French Law of Contract (2nd ed 1992) * Markesinis, Unberath and Johnston, German Law of Contract (2006) (*) Gordley, The Enforceability of Promises in European Contract Law (2001) (*) Zimmermann and Whittaker, Good Faith in European Contract Law (2000) (*) Sefton-Green, Mistake, Fraud and Duties to Inform in European Contract Law (2005) Unjust Enrichment: * Beatson and Schrage, Unjustified Enrichment (2003) Johnston and Zimmermann, The Comparative Law of Unjustified Enrichment (2001) Obligations: general: Ibbetson, A Historical Introduction to the Law of Obligations (1999) Zimmermann, The Law of Obligations (1996) PAPER 47. JURISPRUDENCE 1. 2. 3. 4. 5. 6. The philosophical debate about the nature of law. Theories of natural law. Natural law and legal positivism. Analytical legal positivism. Modern critics of legal positivism. Theories of adjudication. Classical legal positivism and analytical legal positivism. Theories of Justice. Liberalism and shared morality.
READING Introductory: Harris, Legal Philosophies (2nd ed) Simmonds, Central Issues in Jurisprudence (3rd ed) Students may wish to purchase the following: Dworkin, Law’s Empire Finnis, Natural Law and Natural Rights Fuller, The Morality of Law Hart, The Concept of Law Hart, Law, Liberty and Morality Rawls, A Theory of Justice
For reference: Alexy, The Argument from Injustice Allan, Constitutional Justice Devlin, The Enforcement of Morals Dworkin, A Matter of Principle Dworkin, Taking Rights Seriously Dworkin, Justice in Robes George, Making Men Moral Hart, Essays in Jurisprudence and Philosophy Hart, Essays on Bentham Kramer, In Defense of Legal Positivism MacCormick, Legal Reasoning and Legal Theory Mill, On Liberty Nozick, Anarchy, State and Utopia Rawls, Political Liberalism Rawls, Justice as Fairness: A Restatement Raz, Ethics in the Public Domain Simmonds, Law as a Moral Idea Paper 48. Prescribed Subjects (Half-papers) CIVIL PROCEDURE 1. Formal Proceedings (a) (b) (c) (d) (e) (f) (g) (h) (i) 2. fundamental principles of civil procedure aims and framework of the Civil Procedure Rules (1998) access to justice and CFAs, costs human rights and procedure pre-trial applications and remedies disclosure and privileges experts hearings, trial, res judicata, enforcement, and appeals multi-party and complex proceedings
Alternative Civil Justice ADR: (a) (b) mediation arbitration
READING The Hon. Mr Justice Lightman, Civil Litigation in the 21 Century (1998) 17 Civil Justice Quarterly 373-394 Jacob, The Fabric of English Civil Justice (Hamlyn Lectures, 1986) Jolowicz, (1998) Legal Studies vol. 8, p. 1 (‘Comparative Law and the Reform of Civil Procedure’) and Jolowicz, On Civil Procedure (2000) Andrews (Birks ed), ch. 19, vol. 2, Civil Procedure in English Private Law (2000 and 2nd supplement, 2004)
Andrews, English Civil Procedure (2003) Part I, esp. chs. 1, 2, 6 Andrews, The Modern Civil Process (2008) Andrews, Contracts and English Dispute Resolution (2010) Part II Cranston, How Law Works (2006) (pp. 35-211 – useful background) EUROPEAN HUMAN RIGHTS LAW 1. Introductory European Convention on Human Rights (i) (ii) 2. Historical development Institutional structure
The inter-relationship among the European Convention on Human Rights, international human rights law, EU law and European domestic law as regards human rights
Selected Issues (a) (b) (c) (d) (e) Right to life Freedom from torture and ill-treatment Human rights, private life, home and correspondence Freedom of religion Equality and non-discrimination
READING Suggested texts: Harris, O’Boyle, Warbrick and Bates, Law of the European Convention on Human Rights (2nd ed 2009) Further texts: Janis, Kay and Bradley, European Human Rights Law (3rd ed 2008) Mowbray, Cases and Materials on the European Convention on Human Rights (2nd ed 2007) Ovey, White and Jacobs, The European Convention on Human Rights (5th ed 2010) Further books to which students may wish to refer are: Van Dijk and Van Hoof, Theory and Practice of the European Convention on Human Rights (4th ed 2006) Lester and Pannick, Human Rights Law and Practice (3rd ed 2009) Letsas, A Theory of Interpretation of the European Convention on Human Rights (2009) Scolnicov, The Right to Religious Freedom in International Law: Between Group Rights and Individual Rights (2010) Simpson, Human Rights and the End of Empire (2001) Simon and Emmerson, Human Rights Practice (2000) Mowbray, The Development of Positive Obligations under the European Convention on Human Rights by the European Court of Human Rights (2004) Hepple, Equality Act (2010) Reports of cases under the European Convention on Human Rights include: Publications of the European Court of Human Rights, Series A
Decisions and Reports of the European Commission on Human Rights European Human Rights Reports Human Rights Case Digest Human Rights Law Journal Butterworths Human Rights Cases Journals covering issues of European human rights law include: European Human Rights Law Review Human Rights Law Journal Netherlands Quarterly of Human Rights Human Rights Quarterly International and Comparative Law Quarterly Public Law LAW OF TAXATION This half-paper provides an introduction to and conceptual framework for the dynamic area of tax law. The focus is on a basic understanding of how the system works rather than on the detailed rules. The subject will be attractive to and valuable for prospective commercial and private client lawyers and, particularly, those taking the LPC. There is no area of commercial law or personal estates law that is not overlaid with important tax issues. The purpose of this course is to provide a basic understanding and appreciation of when important tax issues arise and the likely outcome. 1. 2. 3. 4. 5. 6. 7. Inheritance Tax (excluding trusts) Income Tax general principles, total income, tax rates Employment income Business income Capital gains tax Taxation of companies and dividends Tax minimisation and avoidance
READING Text: Tiley and Collison’s UK Tax Guide (latest ed) Basic: Morse and Williams, Davies: Principles of Tax Law (latest ed) Backup: Tiley, Revenue Law (6th ed 2008) Lymer and Oats, Taxation Policy and Practice (latest ed) Lee, Revenue Law: Principles and Practice (latest ed)
Statute Books: Butterworths Yellow Tax Handbook (latest ed) or CCH Tax Statutes (latest ed) Note: Students will be provided with extracts from relevant statutes for exam purposes and are not expected to purchase these statutes. PERSONAL PROPERTY 1. The definition and nature of property and of personal property; the range of proprietary interests which can be created at law and in equity; specific assets distinguished from fungibles and funds; proprietary character of incorporeal property (choses in action); introduction to the phenomenon of de-physicalisation of property, explained by reference to money and corporate securities. 2. The character of money explained from the perspectives of economic and legal history; economic conceptions of money and their status in private law; concepts of payment, discharge and legal tender. 3. Title at common law and in equity, and the implications of the principle of relativity of title, explained by reference to cases on finding of lost chattels. 4. Selected original means of acquiring title to choses in possession and choses in action: (a) (b) 5. mixtures of chattels and money. creation of property rights by overreaching and unauthorised substitution.
Derivative transfers of title: (a) (b) (c) (d) the distinction between contract and conveyance in common law and civilian legal theory. transfers of title to choses in possession. transfers of incorporeal money through payment systems, and their proprietary consequences. Nemo dat and selected exceptions, particularly the currency of money.
Defective transfers; the proprietary consequences of void and voidable transfers: (a) (b) (c) at law. in equity, including the relevance of resulting trusts to defective transfers. relationship with remedies founded on unjust enrichment.
The resolution of priority disputes: (a) (b) competing legal and equitable claims to personal property. competing equitable claims to personal property.
Shares and corporate securities: (a) (b) (c) (d) (e) nature. acquisition. transfer, including transfer through electronic settlement systems, such as CREST. security interests. destruction.
The protection of title to choses in possession and choses in action: (a) (b) the property torts, with special reference to conversion; enforcement of title to money at law and in equity. recovery in specie (self-help; recaption; court action).
10. Bankruptcy, execution and distress: (a) (b) READING Introductory: Bridge, Personal Property Law (3rd ed 2002) Proctor, Mann on the Legal Aspect of Money (6th ed 2005), Ch. 1 Ferguson, The Ascent of Money (2008) General: Crossley Vaines, Personal Property (5th ed 1973) Fox, Property Rights in Money (2008) Goode, Commercial Law (3rd ed 2010) Palmer and McKendrick, Interests in Goods (2nd ed 1998) Meagher, Gummow and Lehane, Equity: Doctrines and Remedies (4th ed 2002) Worthington, Proprietary Interests in Commercial Transactions (1996) Reference: Benjamin, Interests in Securities: a Proprietary Law Analysis of the International Securities Market (2000) Birks, Unjust Enrichment (2nd ed 2005) Carey Miller, The Acquisition and Protection of Ownership (1986) Chambers, Resulting Trusts (1997) Goode, Payment Obligations in Commercial and Financial Transactions (1983) Ingham, The Nature of Money (2004) Pollock and Wright, Essay on Possession in the Common Law (1888) Zimmermann, The Law of Obligations: Roman Foundations of the Civilian Tradition (1990) EUROPEAN ENVIRONMENTAL AND SUSTAINABLE DEVELOPMENT LAW 1. Introduction to EU environmental law (linkages to general EU law). The history and development of EU environmental and sustainable development law. 2. Principles of European Environmental Law – general principles: precaution, preventative and polluter-pays principle, integration principles, other sustainable development principles, procedural principles: access to information, participation and justice. Question of implementation. 3. Access to Information and Impact Assessment, Aarhus and Espoo Conventions, Environmental Information Directive, Impact Assessment Directive, Interpretation by the Court of Justice. 4. Climate Change as a sustainable development challenge, market instruments vs. command and control. EU Emission Trading Scheme, Allocation of allowances, other climate measures. vesting of property in the trustee in bankruptcy. recovery of property transferred at an undervalue; preferences.
Risk, science and precaution. The sustainable development challenge of biological safety and genetically modified organisms (GMOs). GMO legislation and jurisprudence, REACH and other chemicals legislation.
Sustainable development and nature - biodiversity and endangered species, especially protected areas and bird protection in the EU.
Waste and Hazardous Waste – 2008 Waste Framework Directive – Interpretation and contribution of the Court of Justice to waste law.
Sustainable EU trade law and policy – international and internal market dimension – trade and environment – trade jurisprudence concerning sustainable development challenges – corporate social responsibility.
READING Textbooks: Lee, EU Environmental Law: Challenges, Change and Decision-making (2005) Jans and Vedder, European Environmental Law (2011) Alternatively: Kramer, EC Environmental Law (2006) Scott, EC Environmental Law (1998) Statutes: The most recent version of the TEU & TFEU; Relevant Directives and Regulations will be provided on the Camtools website. Other Textbooks and Reference: Scott (ed), Environmental Protection: European Law and Governance (2009) Bugge and Voigt (eds), Sustainable Development in International and National Law: What Did the Brundtland Report Do to Legal Thinking and Legal Development, and Where Can We Go from Here? (2008) Birnie, Boyle & Redgwell, International Law and the Environment (3rd ed 2009) Holder and Lee, Environmental Protection, Law and Policy (2nd ed 2007) Hedemann-Robinson, Enforcement of European Union Environmental Law: Legal Issues and Challenges (2006) Pallemaerts and Azmanova (eds), the European Union and Sustainable Development (2006) Macrory (ed), Reflections on 30 Years of EU Environmental Law (2005) Gehring and Cordonier Segger (eds), Sustainable Development in World Trade Law (2005) Cordonier Segger and Khalfan, Sustainable Development Law (2005) Specialist journals: European Energy and Environmental Law Review Oxford Journal of Environmental Law Yearbook of European Environmental Law
Exemption from Professional Examinations in England and Wales
Both branches of the legal profession have examinations in two parts. To be exempt from the first of these examinations (the COMMON PROFESSIONAL EXAMINATION (CPE) or the DIPLOMA IN LAW), a holder of a law degree must have passed the following seven ‘FOUNDATION’ subjects: 1. 2. 3. 4. 5. 6. 7. Constitutional and Administrative Law Contract Criminal Law Land Law Tort Trusts [Equity] The Law of the European Union [Paper 2] [Paper 10] [Paper 3] [Paper 11] [Paper 4] [Paper 24] [Paper 26]
Exemption from these subjects will be given to a Cambridge law graduate who has taken and passed them in his or her Cambridge examinations. A graduate who has not passed all seven subjects in his or her Cambridge examinations should enquire of the Solicitors Regulation Authority (SRA) or the Bar Standards Board to discover how he or she may take the ‘missing’ subjects. Students wishing to gain exemption in the foundation subjects must study law at Cambridge for a minimum of two years before graduating; this is in line with professional regulations which require a student to have spent at least one half of his or her time during a degree course on the study of law. In addition, all students seeking exemption from the CPE must successfully have completed the Freshfields Legal IT Course. Applications for Exemption (Bar). Applications for exemption must be made on forms which are obtainable from the Bar Standards Board, Education and Training Departments, 289-293 High Holborn, London, WC1V 7HZ Tel: 020 7611 1444. Applications for Exemption (Solicitors Regulation Authority). obtainable from the Secretary of the SRA. Block Exemption Certificates. The Law Faculty Office automatically forwards the names of potential solicitors eligible for exemption to the SRA. Names for this list are collected by Directors of Studies two to three months before the beginning of the Tripos examinations. The college list is then forwarded to the Faculty Office for consolidation and onward transmission to the Law Society. If for any reason a person’s name is omitted from the list, the person so omitted may apply to the Law Faculty Office for an individual certificate. Applications for exemption may be made to the
Secretary of the SRA, Ipsley Court, Berrington Close, Redditch, Worcestershire B98 0TD, Tel: 0870 606 2555 on a form
Master of Law
The LLM Course. The LLM (Master of Law) is a postgraduate course in selected legal topics intended primarily for those who wish to pursue further legal studies after completing their first degree in law. It is a full-time, one-year taught course which lasts three terms, starting at the beginning of October and finishing at the end of the following June. It is a residential course which follows a prescribed timetable. It is therefore not possible to start the course at any other point in the year or to take the LLM by correspondence or on a part-time basis. The principal method of instruction is through lectures, although some courses use a seminar approach. Some courses combine lectures and smaller discussion classes. There are no college supervisions (or tutorials) for the LLM course. Independent study is a large and important part of the LLM. Therefore students are expected to be capable of doing a substantial amount of work on their own aided by reading lists circulated at lectures. The LLM is an advanced course for law graduates, not an introduction to the common law and therefore students who are new to the common law should be prepared to do some preparatory work. It should be noted that non-common law graduates might have difficulty with some papers which assume some knowledge of common law. The LLM is taught and examined on the basis that students are familiar with the case-law method and with the basic concepts of English law. Please note that time spent studying for the LLM cannot be counted towards the requirements for any of the Faculty’s research courses. Students who wish to continue to a research course in law at Cambridge following successful completion of the LLM are required to apply separately by the relevant deadline for the diploma or degree sought. It may be made a condition of entry to that course that a particular standard is achieved in the LLM examination. Applications. Competition for admission to the LLM programme is intense and potential applicants are advised that high standards of previous attainment in law are necessary. In a typical year, there will be approximately 1,000 applications. Generally, about 180 students take the LLM each academic year. The minimum entry requirement for the LLM is normally a First class degree in law from a UK university, or the equivalent from an overseas institution. For overseas students this typically means being placed in the top 5-10% of their class. The LLM Admissions Committee does consider applications from those with a non-Law first degree, provided that in addition to their degree they have either undertaken substantial relevant professional legal experience or have obtained a professional legal qualification with the equivalent of a First Class result. However, a first degree in law is the preferred preparation for the Cambridge LLM. Please note that we do not normally offer a place on the LLM course to an applicant who already holds or is currently studying for an LLM from a UK institution. As will be appreciated, a considerable command of the English language is required for the course. Therefore, we require applicants who are not native English speakers to take and pass the IELTS or TOEFL English language test. IELTS: minimum requirement is an overall band score of at least 7.5 with a grade of at least 7.0 in the reading, speaking, listening and writing tests. TOEFL: minimum score is 110 overall, with at least 25 in each of the individual components of reading, speaking, listening and writing. All applications must be made through the University’s Board of Graduate Studies website at:
http://www.admin.cam.ac.uk/offices/gradstud/prospec/apply/index.html The closing date for paper applications for the LLM course is 2 December 2011 for the 2012 entry course. You should be aware that applicants who are offered a place on the LLM course by the Faculty of Law also have to be accepted for membership by one of the colleges.
The LLM Examination. LLM students take four papers from the options offered by the Faculty. Students are free to choose any four subjects, except in cases where constraints of the timetable limit this choice. The LLM programme offers a broad curriculum including a range of topics in international law, European Union law and commercial law. The subjects prescribed for the academical year 2011-2012 are stated overleaf. The subjects offered by the Faculty might vary from year to year in the light of changes to Faculty policy or personnel and therefore the Faculty cannot guarantee that any of the subjects listed for 2011-2012 will be prescribed in future years. LLM students are assessed in each of the four subjects they have studied during the course. A subject might be examined by a three-hour written examination, a two-hour written examination together with an assessed essay of not more than 7,000 words, or by a supervised thesis of not more than 18,000 words. Certain courses, designated as seminar courses, are examined solely be means of a thesis of not more than 18,000 words. It is not possible to submit two theses, therefore a candidate may not offer a thesis in lieu of a written examination in addition to following a seminar course. Candidates who offer at least three papers from those designated by the Faculty Board of Law as international law, commercial law, or European law topics (or a thesis in lieu of one of them) will have the letter (i), (c) or (e) respectively placed against their name in the class list to indicate that they have specialised in that area of law. examinations take place at the end of May and the beginning of June. For further information on Postgraduate courses and degrees see page 104, below. The LLM
Subjects Prescribed for 2011-2012 Paper 3. International Commercial Litigation Paper 4. The Law of Restitution Paper 7. Corporate Insolvency Law Paper 9. Corporate Finance Law Paper 10. Corporate Governance Paper 11. Criminal Justice – Players and Processes Paper 12. Intellectual Property Paper 13. Contemporary Issues in the Law of European Integration Paper 14. Competition Law Paper 15. International Environmental Law Paper 16. Constitutional Law of the European Union Paper 17. EU Trade Law Paper 18. External Relations Law of the European Union Paper 21. Settlement of International Disputes Paper 23. The Law of the World Trade Organization Paper 25. International Human Rights Law Paper 26. Civil Liberties and Human Rights Paper 30. Jurisprudence Paper 32. Commercial Equity Paper 33. Comparative Family Law and Policy Paper 34. Philosophy of Criminal Law Paper 35. History of English Civil and Criminal Law Paper 36. International Intellectual Property Law
Paper 38. Seminar Papers: Comparative Law Public Law European Social Rights and Economic Integration
Form of Examination and Designation of LLM Papers 2011-2012 Paper No. Name of Paper Paper 3. International Commercial Litigation Paper 4. The Law of Restitution Paper 7. Corporate Insolvency Law Paper 9. Corporate Finance Law Paper 10. Corporate Governance Paper 11. Criminal Justice – Players and Processes Paper 12. Intellectual Property Paper 13. Contemporary Issues in the Law of European Integration Paper 14. Competition Law Paper 15. International Environmental Law Paper 16. Constitutional Law of the European Union Paper 17. EU Trade Law Paper 18. External Relations Law of the European Union Paper 21. Settlement of International Disputes Paper 23. The Law of the World Trade Organization Paper 25. International Human Rights Law Paper 26. Civil Liberties and Human Rights Paper 30. Jurisprudence Paper 32. Commercial Equity Paper 33. Comparative Family Law and Policy Paper 34. Philosophy of Criminal Law Paper 35. History of English Civil and Criminal Law Paper 36. International Intellectual Property Law Board. Designation of Paper: c = Commercial Law e = European Law i = International Law Explanation of forms of examination (a) A candidate may take a written paper of three hours’ duration in all the subjects listed above, other than Paper 38. (b) Paper 38 (Seminar Paper) shall be examined by the submission of a thesis which shall not, without the leave of the Faculty Board, exceed 18,000 words including footnotes and appendices, but excluding bibliography, on a topic approved by the Faculty Board which falls within the scope of one of the following seminar courses prescribed for 2011-2012: Comparative Law Public Law European Social Rights and Economic Integration Form of Examination 3 t 3 t t es, t es, t t 3 3 t 3 t t t t es 3 t t t t es, t c, e & i c c&e e c&e i e e e i i i Designation c&e c c c c
Paper 38. Dissertations in the Seminar Course may, if appropriate, be assigned a letter of designation by the Faculty
(c) ‘es’ indicates a subject in which a candidate has a free choice between: (i) a written paper of three hours’ duration; and (ii) a written paper of two hours’ duration together with the submission of an essay of not more than 7,000 words, including footnotes and appendices but excluding bibliography, on a topic approved by the Faculty Board which falls within the field of the subject. (d) ‘t’ indicates a subject in which a candidate may submit a thesis in lieu of a final examination. The thesis shall not, without the leave of the Faculty Board, exceed 18,000 words including footnotes and appendices, but excluding bibliography. It shall be on a topic approved by the Faculty Board falling within the field of the subject. (e) ‘3’ indicates a subject in which a three hour final examination is required, the candidate having no option of substituting a thesis or a two hour examination and an essay. (f) In 2011-2012 there are no subjects which may be examined only in the form of a written paper of two hours’ duration together with the submission of an essay of not more than 7,000 words, including footnotes and appendices but excluding bibliography, on a topic approved by the Faculty Board which falls within the field of the subject. Syllabus and Examinations. Examinations will be set ON THE PUBLISHED SYLLABUS, and not simply on the
material covered in lectures. The syllabuses for the academic year 2011-2012 are published in this booklet. It is most important that each candidate is aware of the contents of the syllabus in each paper which he or she is offering. Lectures and Copyright. Many lecturers are unwilling to have their lectures taped and taping of lectures is not allowed unless a student has a very good reason such as a physical disability. Students who wish to tape a lecture must obtain the permission of the lecturer concerned before doing so. It should be noted that copyright is held by the Faculty for all lectures and lecture handouts and that students are not permitted to reproduce these in any form. Any unauthorised reproduction may also result in an action for breach of confidence. Plagiarism. Copying out someone else’s work without acknowledgement (i.e. by using quotation marks and footnotes) is plagiarism; so is rewording someone else’s work in order to present it as your own without acknowledging your debt. Plagiarism in work submitted for formal assessment is regarded by the University as the use of “unfair means” (i.e. cheating), and is treated with the greatest seriousness. Where examiners suspect plagiarism, the case may be referred to the Proctors. It may then be brought before the University’s Court of Discipline, which has the power to deprive culprits of membership of the University and to strip them of any degrees awarded by it. Information on plagiarism, including the University’s Statement on Plagiarism, can be found at www.admin.cam.ac.uk/univ/plagiarism/students/. The Faculty of Law requires all coursework to be submitted electronically as well as in hard copy. The Faculty uses anti-plagiarism software in the manner described in a document entitled ‘Student information and consent form for the use of Turnitin software in 2009-10’ which can be accessed via the Official Faculty Documents page on the Faculty website (www.law.cam.ac.uk/faculty-resources/official-faculty-documents.php). Use of Statutes and other Materials in Examinations 2012. At the beginning of each academical year the Faculty Board of Law gives notice of the statutes and other materials that candidates may use in examinations in the following Easter Term, and copies of this notice can be obtained from the reception desk in the Law Faculty Building as well as from Directors of Studies. Candidates are forbidden to bring into any examination any materials other than those specified. In particular, it will specify whether a given paper is to be in ‘closed book’ or ‘open book’ format. In a ‘closed book’ examination no materials may be taken into the examination, other than those prescribed (such as copies of statutes). In an ‘open book’ examination candidates have greater latitude as to what they may take into the examination as outlined below.
‘Open Book’ Papers. Where a paper has been designated as an ‘open book’ paper, candidates are permitted to take the following materials into the examination: (i) any materials supplied in class by lecturers (e.g. handouts, problem questions, and photocopied extracts from printed sources); (ii) any materials prepared by themselves, including material photocopied without breach of copyright (e.g. a student’s notes, photocopies of reported cases or published articles, or photocopied extracts from published books which represent no more than 10% of the whole book, thereby complying with the rules concerning copyright). Notices detailing the relevant rules concerning copyright are located adjacent to every photocopying machine in the Faculty Building; (iii) material specified in the Faculty’s notice on the ‘Use of Statutes and Other Materials’, which will be published in the Michaelmas Term (e.g. a statute or collection of statutes); (iv) a bilingual dictionary. Electronic dictionaries are not permitted. It is never permissible to take a textbook (or casebook) into an examination - a textbook will never be designated as permitted material. Nor is it permissible in an ‘open book’ examination to use a photocopy of an entire textbook (to make such photocopy would amount to a breach of copyright). ‘Closed Book’ Papers. Candidates are forbidden to take into any examination any materials other than those specified. Where materials are allowed, candidates must use their own unmarked copies. Subject to the proviso stated below, any form of marking – including annotations, highlighting, circling and underlining – is prohibited. It is also forbidden to attach anything to or place anything within the permitted materials: this means, inter alia, that the use of tabs, post-it notes and stickers is prohibited. The proviso referred to above is that candidates may write their name and the name of their college on the inside front page of any permitted materials. In the event that a candidate's materials fail to comply with any of the requirements set out above, the Chair of Examiners, the Examinations Secretary or the Examiner responsible for the conduct of the examination concerned will decide whether to confiscate them. If annotated materials are confiscated, replacements will not be provided. Candidates who fail to comply with any of the requirements set out above should be aware of the possibility of disciplinary proceedings as well as of the confiscation of materials. Candidates must bring their own copies of permitted materials to examinations; spare copies will not be available should candidates forget to bring their own copies. In the case of materials produced by the Faculty, candidates will be permitted to use only the current year’s issue and no other. Such materials will be available from the Law Faculty Office and will be stamped ‘For use in Examinations in 2012’. Prizes. The following prizes may be awarded each year for outstanding performance in the LLM Examination: The BRD Clarke Prize for the Best Overall Performance The Chancellor’s Medal for English Law The George Long Prize for Jurisprudence The George Long Prize for Roman Law The Clive Parry Prize for International Law The Clive Parry Prize (Overseas) for International Law The Clifford Chance C.J. Hamson Prize for Comparative Law The Gareth Jones Prize for Restitution The 3 Verulam Buildings Prize for International Commercial Litigation The Berwin Leighton Paisner Prize for International Commercial Tax
Chancellor’s Medal. The following papers have been designated for the purposes of the Chancellor’s Medal for English Laws in 2011-2012: Paper 3. International Commercial Litigation Paper 4. The Law of Restitution Paper 7. Corporate Insolvency Law Paper 9. Corporate Finance Law Paper 10. Corporate Governance Paper 12. Intellectual Property Paper 26. Civil Liberties and Human Rights Paper 30. Jurisprudence Paper 32. Commercial Equity Paper 33. Comparative Family Law and Policy Paper 34. Philosophy of Criminal Law Paper 35. History of English Civil and Criminal Law Paper 38. The Faculty Board may in addition deem a thesis submitted for a seminar course under Paper 38 to be a paper in English Law and Legal History for this purpose.
LLM : Syllabuses and Lists of Recommended Reading
PAPER 3. INTERNATIONAL COMMERCIAL LITIGATION The English Courts enjoy a unique position in the resolution of international commercial disputes. Of the cases heard by the Commercial Court in London, many involve at least one foreign party and many concern disputes neither party to which is English. A reflection of London’s prominence in worldwide trade and commerce, especially in the areas of banking, shipping and insurance, the international flavour of English commercial litigation ensures that the Commercial Court is truly an international forum. If commercial litigation in the English courts is thus of concern to anyone concerned with international trade and commerce, the subject has acquired fresh significance in recent years. Britain’s membership of the European Union has brought with it participation in a number of treaties regulating crucial aspects of litigation practice. This ensures that the study of English commercial litigation is as much the study of European law as the study of English national law. The purpose of the Cambridge course in International Commercial Litigation is to examine the law and practice of commercial litigation in England. Its objective is to provide a comprehensive, technical knowledge of the subject, combined with a working understanding of its practical, commercial context. Special emphasis is placed on matters of strategy and practice, as much as on the law itself, and on the function of litigation procedure as a framework within which parties may settle their differences. Teaching in the course is practical and interactive. Assignments, normally based upon one or two leading cases, will be set in advance of each meeting and supplemented by additional, follow-up reading. A prior knowledge of Conflict of Laws or Civil Procedure is not necessary but is advantageous. The structure of the course reflects the consecutive stages of an international commercial dispute. The following topics receive special attention: 1. Introduction to international litigation: the strategy and practice of forum selection. The dynamics of international litigation. The operation of the Commercial Court. 2. The jurisdiction of the English Courts: jurisdiction and the staying of actions. The traditional approach of English law. The 1968 Brussels Convention on jurisdiction and enforcement of judgments. 3. 4. 5. Granting interim relief: the nature and extent of Mareva Injunctions. The applicable law in commercial disputes: choice of law in contract. Foreign proceedings and the English courts: Negative declarations. foreign judgements. READING Chs. 10 to 16 of Cheshire and North’s Private International Law (13th ed 1999) offer an excellent introduction to some central themes of the course. Although somewhat specialised in nature, the following readings provide additional insights into the nature and concerns of the subject: Collins, The Territorial Reach of Mareva Injunctions (1989) LQR 262 (the classic study of an important remedy in international disputes) Antisuit injunctions. The enforcement of
The Spiliada  AC 460;  3 All ER 843 (the landmark case in the law of international jurisdiction) Adams v. Cape Industries Plc  Ch. 433;  1 All ER 929 (a case concerning the enforcement of a US judgment in England) PAPER 4. THE LAW OF RESTITUTION 1. Introduction: An analysis of the nature and ambit of the law of restitution and the essential principles on which the subject is founded. The validity of the subject. Alternative approaches. Identification of restitutionary remedies. 2. The unjust enrichment principle: the nature of the principle. The identification and valuation of enrichment. The notion of enrichment being at the expense of the claimant. The principles underlying the recognition of grounds of restitution. Absence of basis or presence of basis? 3. The grounds of restitution: (a) (b) (c) (d) 4. Mistake. Whether ignorance is a ground of restitution. Specific defences to restitutionary claims grounded on mistake. Failure of consideration: total, partial and absence of consideration. Recovery of benefits conferred under compulsion: duress of the person, duress of goods, economic duress and legal compulsion. Recovery of benefits conferred by exploitation: undue influence, undue pressure and unconscionability.
Topics within unjust enrichment (a) (b) Restitutionary claims brought against public authorities. Anticipated contracts.
Proprietary restitutionary claims: (a) (b) (c) (d) (e) (f) Analysis of the underlying principles. Identification of legal and equitable proprietary bases. Following and tracing rules. Proprietary claims and remedies. Personal claims and remedies to vindicate proprietary rights. The defence of bona fide purchase.
General defences and bars: (a) (b) (c) (d) (e) (f) Estoppel. Change of position. Ministerial receipt. Passing on. Illegality. Limitation periods.
Restitution for wrongdoing: (a) (b) (c) (d) Analysis of the underlying principles. Restitution for torts. Restitution for breach of contract. Restitution for equitable wrongdoing.
READING Introductory: Hedley, A Critical Introduction to Restitution (2001) Main texts: Burrows, The Law of Restitution (3rd ed 2010) Virgo, The Principles of the Law of Restitution (2nd ed 2006) Casebook: Burrows, McKendrick and Edelman, Cases and Materials on the Law of Restitution (2nd ed 2006) For reference: Birks, An Introduction to the Law of Restitution (1989, revised ed) Birks, Unjust Enrichment (2nd ed 2005) Burrows (ed), English Private Law, (2nd ed 2007) ch. 15 (by Birks and Chambers) Goff and Jones, The Law of Restitution (7th ed 2009) Chitty on Contracts (30th ed 2008) ch 29 Further reading: Baloch, Unjust Enrichment and Contract (2009) Bant, The Change of Position Defence (2009) Beatson, The Use and Abuse of Unjust Enrichment (1991) Birks (ed), Laundering and Tracing (1995) Birks and Rose (eds), Lessons of the Swaps Litigation (2000) Birks and Pretto (eds), Breach of Trust (2002) Burrows (ed), Essays on the Law of Restitution (1991) Burrows and Rodger (eds), Mapping the Law: Essays in Honour of Peter Birks (2006) Chambers, Resulting Trusts (1997) Chambers, Mitchell and Penner, Philosophical Foundations of the Law of Unjust Enrichment (2009) Cornish, Nolan, O’Sullivan and Virgo (eds), Restitution: Past, Present and Future (1998) Dagan, The Law and Ethics of Restitution (2004) Degeling and Edelman (eds), Equity in Commercial Law (2005) Degeling and Edelman (eds), Unjust Enrichment in Commercial Law (2008) Edelman, Gain-Based Damages (2002) Edelman and Bant, Unjust Enrichment in Australia (2006) Getzler (ed), Modern Law of Real Property and Trusts - Essays for Edward Burn (2003) Giglio, The Foundation of Restitution for Wrongs (2007) Hedley, Restitution: Its Division and Ordering (2001) Hudson (ed), New Perspectives on Property Law, Obligations and Restitution (2004) Jaffey, The Nature and Scope of Restitution (2000) Johnston and Zimmermann (ed), Unjustified Enrichment (2002) Krebs, Restitution at the Crossroads: A Comparative Study (2001)
Mitchell and Mitchell (eds), Landmark Cases in the Law of Restitution (2006) Neyers, McInnes and Pitel (eds), Understanding Unjust Enrichment (2004) Restitution Law Review (1993-date) Rickett and Grantham (eds), Structure and Justification in Private Law (2008) Rickett (ed), Justifying Private Law Remedies (2008) Robertson and Wu, The Goals of Private Law (2009) Rose (ed), Restitution and Banking Law (1998) Rose (ed), Restitution and Insolvency (2000) Rotherham, Proprietary Remedies in Context (2002) Rush, The Defence of Passing On (2006) Smith, The Law of Tracing (1997) Swadling (ed), The Limits of Restitutionary Claims: A Comparative Analysis (1997) Swadling and Jones (ed), The Search for Principle: Essays for Lord Goff of Chieveley (1999) Swadling (ed), The Quistclose Trust (2004) PAPER 7. CORPORATE INSOLVENCY LAW This course analyses the law of corporate insolvency and corporate rescue. The course covers both the formal law and the underlying principles and policies, taking into account in so doing distributional consequences and the implications for business planning and strategy. The course focuses on the UK but also considers cross-border issues arising when a company’s assets and liabilities are located in multiple jurisdictions. 1 Introduction: History, evolution and rationales of insolvency law; sources of insolvency law; objectives of the
legislation; corporate structure, limited liability and debt financing; definitions of “insolvency”; overview of procedures 2. Phase I -- The Living Company: Types of corporate borrowing; creditors’ relationship to the company; fixed and
floating charges; causes of corporate failure 3. Phase II – The Opportunity for Corporate Rescue: Decision to avoid liquidation; the Enterprise Act 2002 and
“rescue culture”; informal rescue; receiverships and administrative receivership; administration; “pre-packs”; company arrangements 4. Phase III – Reaching Insolvent Liquidation: Winding-up procedures; defining the assets available for distribution to
creditors; avoidance provisions; treatment of claims and liabilities; the pari passu principle; anti-deprivation; proof and ranking of claims; insolvency set-off; secured versus unsecured creditors 5. Vulnerable Transactions at Phases I/II/III: Grounds for avoidance; transactions at an undervalue; unlawful
preferences; late floating charges; post-petition dispositions; disclaimer of onerous property; transactions defrauding creditors 6. Phase IV – Directors and Employees in the Wake of Insolvency: Duties of directors; liability of directors;
disqualification and sanctioning of directors; employees as creditors; employees as workers 7. Special Topic 1 – Multinational Corporations: Emergence of corporate groups; applicable law, jurisdiction and
forum; entity versus enterprise; insolvency goals in transnational context; universalism, territorialism and contractualism 8. Special Topic 2 – Coordination Across Borders: Recognition of foreign proceedings; treatment of foreign claims and
collection of foreign assets; international recognition of domestic procedures; concurrent and parallel insolvency
jurisdictions; the EC Regulation on Insolvency Proceedings and the impact of international institutions on domestic insolvency laws; other cross-border harmonisaton initiatives 9. Special Topic 3 – Strategically Important Financial Institutions: Key problematic cross-border failures of the financial
crisis; recent national reforms; international initiatives; policy options for addressing coordination and cooperation READING The main textbooks for the course are:
Goode, Principles of Corporate Insolvency Law (4th ed 2011) (paperback student edition recommended) Keay and Walton, Insolvency Law (2nd ed 2008) Tolmie, Corporate and Personal Insolvency Law (2nd ed 2003)
A theoretical treatment of insolvency is Jackson, The Logic and Limits of Bankruptcy Law (2001)
You will also need a legislation handbook:
Butterworths Company Law Handbook (latest edition) (recommended) Sealy and Milman, Annotated Guide to the Insolvency Legislation: Volumes 1 & 2 (2011)
The following will be useful sources of reference:
Bailey and Groves, Corporate Insolvency: Law and Practice (3rd ed 2009) Baird, Jackson, and Adler, Cases, Problems & Materials on Bankruptcy (4th ed 2007) Baird, The Elements of Bankruptcy (4th ed 2005) Clarke, Current Issues in Insolvency Law (Current Legal Problems, Stevens and Sons, 1991) Cork, Cork on Cork (1988) Fletcher, The Law of Insolvency (4th ed 2009) Gower and Davies, Principles of Modern Company Law (8th ed 2008) Gullifer and Payne, Corporate Finance Law: Principles and Policy (2011) Keay, McPherson’s Law of Company Liquidation (2nd ed 2009) Kraakman et al, The Anatomy of Corporate Law (2nd ed 2009) Milman and Durrant, Corporate Insolvency: Law and Practice (3rd ed 1999) Milman, Regulating Enterprise (1999) Mokal, Corporate Insolvency Law: Theory and Application (2005) Parry, Transaction Avoidance in Insolvencies (2010) Pettet, Company Law in Change: Current Legal Problems (1987) Rajak, Company Liquidations (2nd ed 2006) Segal, Totty and Moss, Totty and Moss on Insolvency (Sweet & Maxwell, looseleaf)
Armour and Bennett, Vulnerable Transactions in Corporate Insolvency (2003) Belcher, Corporate Rescue (1997) Calnan, Proprietary Rights and Insolvency (2010) Carruthers and Halliday, Rescuing Business (1998) Davies, Insolvency and the Enterprise Act 2002 (2003) Dennis and Fox, The New Law of Insolvency (2003) Ferran, Company Law and Corporate Finance (2nd ed 2008) Fuller, Corporate Borrowing (3rd ed 2006) Getzler and Payne, Company Charges: Spectrum and Beyond (2006) Lightman and Moss, The Law of Receivers of Companies (4th ed 2007) Morse, Palmer’s Company Law (2007) Wood, Set-Off and Netting, Derivatives and Clearing Systems (2007)
Bhandari and Weiss, Corporate Bankruptcy: Legal and Economic Perspectives (1996) Goode, Legal Problems of Credit and Security (4th ed 2008) Gross, Failure and Forgiveness: Rebalancing the Bankruptcy Process (1997)
Comparative and International
Bridge and Stevens, Cross-Border Security and Insolvency (2001) Buljevich, Cross-Border Debt Restructuring: Innovative Approaches for Creditors, Corporates and Sovereigns (2005) Fletcher, Insolvency in Private International Law (2nd ed 2007) Moss, Fletcher and Isaacs, The EC Regulation on Insolvency Proceedings (2nd ed 2009) Omar, International Insolvency Law: Themes and Perspectives (2008) Omar, European Insolvency Law (2004) Roe, Bankruptcy and Corporate Reorganization: Legal and Financial Materials (2nd ed 2007) Skeel, Debt’s Dominion: A History of Bankruptcy Law in America (2001) Torremans, Cross Border Insolvencies in EU, English and Belgian Law (2002) Virgós and Garcimartín, The European Insolvency Regulation: Law and Practice (2004) Wessels, Markell and Kilborn, International Cooperation in Bankruptcy and Insolvency Matters (2009) Wood, Principles of International Insolvency (2nd ed 2007) Ziegel, Current Developments in International and Comparative Corporate Insolvency Law (1994)
Official Reports: Insolvency Law Review Committee, Insolvency Law and Practice (1982) (‘The Cork Report’), Cmnd. 8558 Insolvency Service, A Review of Company Rescue and Business Reconstruction Mechanisms (2000) Department of Trade and Industry, Productivity and Enterprise: Insolvency – A Second Chance, Cm5234 (2001)
Insolvency Service, Encouraging Company Rescue (2009) Insolvency Service, Report on the First Six Months’ Operation of Statement of Insolvency Practice (2009) Consultation/Call for Evidence: Improving the transparency of, and confidence in, pre-packaged sales and administrations (2010) Proposals for A Restructuring Moratorium – A Consultation (2010) PAPER 9. CORPORATE FINANCE LAW 1. 2. Introduction: Corporate structures, corporate securities and sources of corporate finance. Legal Capital: Share allotments. Maintenance and reduction of capital. Dividends and distributions. Financial assistance. Share buy backs. Class rights. Reform options. 3. Debt Finance: Types of debt. Covenants and other terms in loan agreements. Secured debt. Fixed and floating charges. Registration and priority. Subordinated debt. 4. Raising finance from securities markets: Types of public issues of securities. securities (UK, EU and international). Aspects of financial market regulation. READING Ferran, Principles of Corporate Finance Law (2008). Detailed reading lists will be supplied during the course of the year. Advice to candidates Some prior knowledge of company law would be an advantage. Candidates who do not have this are advised to read an introductory book (such as Paul Davies, Introduction to Company Law) before starting the course. PAPER 10. CORPORATE GOVERNANCE 1. Overview of key corporate governance matters. Corporate governance as a topic for study. Defining corporate governance. Emergence of corporate governance as an important issue. Tiers of regulation. The separation of ownership and control in publicly traded companies. ‘Agency costs’. Practical constraints on managerial conduct. Company law and the dispersion of share ownership. 2. The board of directors – the relevant legal principles. The allocation of managerial authority. Directors’ duties. Excusing directors from breaches of duty. 3. Shareholders’ rights and remedies. Shareholder involvement in the exercise of managerial authority. Appointment and removal of directors. Shareholder meetings. Shareholder remedies. 4. Non-executive directors. The role of non-executive directors (in general). The potential contribution of nonRegulation of public issues of
executive directors to good corporate governance. Reform themes. The Combined Code. Evaluating corporate governance reforms concerning non-executives.
Executive pay. Essential components (salary, share options etc). Criticisms of current arrangements. Judicial regulation. The board of directors and the setting of executive pay. Guidance on the configuration of executive pay. Statutory disclosure. Shareholder voting. Additional regulation?
Shareholders and corporate governance. activism. ‘Offensive’ shareholder activism.
Promotion of shareholder involvement in corporate governance.
Individual shareholders. Institutional shareholders and the bias in favour of passivity. Recent trends in institutional
Taking companies ‘private’.
Comparing private equity with conglomerates.
corporate governance model. Private equity and the dominance of the publicly traded company. Private equity and the strengthening of corporate governance. READING There will not be a main textbook or casebook for the course. Detailed reading lists will be supplied during the course of the year. The following will be useful sources of reference: Chambers, Tottel’s Corporate Governance Handbook (4th ed) Cheffins, Company Law: Theory, Structure and Operation Cheffins, Corporate Ownership and Control Davies, Introduction to Company Law (for a general introduction to UK company law) Davies, Gower and Davies’ Principles of Modern Company Law (8th ed) (for background on UK company law) Kershaw, Company Law in Context: Text and Materials (for background on UK company law) Lowry and Dignam, Company Law (5th ed) (for background on UK company law) Mallin, Corporate Governance (3rd ed) Monks and Minow, Corporate Governance (4th ed) Smerdon, A Practical Guide to Corporate Governance (3rd ed) Statutes: Students will need to purchase a set of statutory materials. The choices available are: Blackstone’s Statutes on Company Law (latest ed) Butterworths’ Company Law Handbook (latest ed) Palgrave Macmillan, Core Statutes on Company Law (latest ed) Routledge, Company Law Statutes (latest ed) Advice to candidates: Prior knowledge of company law would be an advantage. Candidates who do not have this should read an introductory book (e.g. Davies, Introduction to Company Law) before starting the course. PAPER 11. CRIMINAL JUSTICE: PLAYERS AND PROCESSES Evaluating the criminal justice system, including comparative materials. The role of discretion within the system. Contemporary issues in criminal justice: including race and gender issues; questions of fairness and justice.
Key players: Police; Prosecutors; Defence lawyers; Magistrates; Juries; Judges; Prison and probation. Key processes explored by looking at theory, law and practice. For example, youth justice, including restorative justice; Police powers; Diversion: the growth in non-court sanctions; The trial process; Criminal penalties; Managing sentences: prisons, probation and privatisation; Parole, early release and recalls to prison. READING Introductory: McBride, Defending the Guilty: Truth and Lies in the Criminal Courtroom (2010) Tonry, Punishment and Politics: Evidence and Emulation in the Making of English Crime Control Policy (2004) Textbooks: Ashworth, Sentencing and Criminal Justice (5th ed 2010) Ashworth and Redmayne, The Criminal Process (3rd ed 2005) Cavadino and Dignan, The Penal System: An Introduction (4th ed 2008) Easton and Piper, Sentencing and Punishment: The Quest for Justice (2nd ed 2008) Padfield, The Criminal Justice Process (4th ed 2008) Sanders, Young and Burton, Criminal Justice (4th ed 2010) Further Reading: Auld, Review of the Criminal Courts of England and Wales (2001) Gelsthorpe and Morgan, Handbook of Probation (2007) Gelsthorpe and Padfield (eds), Discretion: its uses in criminal justice and beyond (2003) Hudson, Understanding Justice. An Introduction to Ideas, Perspectives and Controversies in Modern Penal Theory (2nd ed 2003) Maguire, Morgan and Reiner (eds), The Oxford Handbook of Criminology (4th ed 2007) Von Hirsch, Ashworth and Roberts (eds), Principled Sentencing: Readings on Theory and Policy (3rd ed 2009) Padfield (ed), Who to release? Parole, fairness and criminal justice (2007) Many official and unofficial Reports and other documents. Students will be directed to specialist reading for individual topics. PAPER 12. INTELLECTUAL PROPERTY 1. Introduction: Types of IPRs. National effect and international relations. Movements for regional rights and
international harmonisation. Problems of enforcement. 2. Patents for inventions: Subject matter, interpretation, validity, infringement. Entitlement and dealings. Employees’ inventions. Abuse of monopoly. 3. 4. Confidential information: trade secrets, governmental and personal secrets – bases and scope of protection. Trade marks, names, get-up, etc: common law liability.
Trade mark registration: objectives; registrability; continuing validity; infringement. Copyright: authors’ rights and neighbouring rights; basic concepts: work, author, originality, term, qualification. Infringement, exceptions and moral rights. Ownership and dealings. Complex products: film, multi-media works. Databases. Industrial Designs.
Intellectual Property in the EU: freedom to move goods and provide services.
READING Introductory: Davis, Intellectual Property (3rd ed 2008) General: Aplin and Davis, Intellectual Property Law: Text, Cases and Materials (2009) Bently and Sherman, Intellectual Property Law (3rd ed 2008) Cornish and Llewellyn, Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights (7th ed 2010) Cases and Statutes: Cornish, Materials on Intellectual Property (5th ed 2006) Blackstone’s Statutes on Intellectual Property (8th ed 2006) PAPER 13. CONTEMPORARY ISSUES IN THE LAW OF EUROPEAN INTEGRATION The course provides a space on the syllabus for discussion of topical issues in EU law, and thus for students to develop an academic understanding of the debates which are preoccupying politicians and the media. The content of the course is necessarily flexible but this year will focus on four issues: the functioning and reform of the EU’s system of judicial protection, the EU’s system for human rights protection, (de)pillarisation, and competences in the EU. 1. The functioning and reform of the EU’s system of judicial protection (i) (ii) (iii) (iv) Seminar on the basic legal provisions concerning the ECJ (preliminary rulings, actions for annulment, etc) Proposals for procedural/substantive/structural reform of the ECJ Different perspectives on the ECJ and its role (judicial activism, political science, economics) Examining the role of the ECJ and its interaction with national systems in different sectors of judicial activity (eg consumer law, free movement law) 2. The EU’s system for human rights protection (i) (ii) (iii) (iv) 3. The evolution of human rights at EU level The Court’s approach to human rights, looking in particular at Kadi, Mangold, Bartsch and Kucukdeveci The Charter, the ‘opt-out’, general principles of law and the relationship with the ECtHR Doing things with rights: the principle of equality
The systems in operation: the terrorist lists (i) The adoption and operation of the terrorist lists
(ii) (iii) (iv) 4.
Judicial review and the UN list: the interaction between the EU and the UN Judicial review and the EU list: the interaction between the EU and domestic legal orders The challenges raised by the use of confidential information
The EU framework for data protection (i) (ii) (iii) (iv) Development of European and international data protection law Human rights aspects of data protection law Regulation of international data transfers Current revision of the EU legal framework
READING Background reading: The standard EU law textbooks provide useful background reading for this course. See especially: Craig and de Búrca, EU Law: Text, Cases and Materials (5th ed 2011) Hartley, The Foundations of European Union Law (7th ed 2010) Wyatt and Dashwood’s European Union Law (6th ed 2011) Specialised reading lists will be provided by the lecturers on different issues. PAPER 14. COMPETITION LAW 1. Introduction to Competition Law. Development of competition law from the 1890 Sherman Act to the 1957 EC Treaty. Competition policy as part of the single market objective. Interaction of national and EU competition law. Relevant principles of economics: market definition, product substitutability, market power, monopoly, oligopoly, workable competition. Schools of economic thought on optimum competition policy. 2. The Framework of the EU Treaties. Role of the Council, Commission and Parliament. Regulations, Directives and Notices. 3. Collusion between undertakings (Article 101 TFEU). The general prohibition of agreements restrictive of
competition. Decisions by associations of undertakings. Concerted practices. Effect on trade between Member States. Vertical and horizontal agreements. Consequences of breach. 4. The Rule of Reason. Block Exemptions. Criteria for exemption. Examples of individual exemption. The block exemption system. The Block exemption regulations on horizontal agreements. Selective and exclusive distribution agreements and franchising agreements. Reform of the treatment of vertical restraints. The 2010 umbrella block exemption for vertical agreements. The Commission’s Guidelines on vertical and horizontal agreements. 5. 6. 7. Abuse of a Dominant Position (Article 102 TFEU). Concepts of relevant market, dominance, abuse. Joint dominance. Mergers. The EU Merger Regulation. Competition Law Procedure. The new enforcement regulation (Regulation 1/2003)
Enforcement of EU Competition Law at National Level. Direct effect of EC competition law. Private enforcement before national courts. Available remedies. Preliminary references. Role of the national competition authorities.
Public Undertakings and the application of 106 TFEU.
READING Textbooks: Jones and Sufrin, EC Competition Law: Text, Cases and Materials (4th ed 2010) Whish, Competition Law (7th ed 2011) Goyder and Albors-Llorens, Goyder’s EC Competition Law (5th ed 2009) Slot and Johnston, An Introduction to Competition Law (2006) Korah, Introductory Guide to EC Competition Law and Practice (9th ed 2007) Statute: Blackstone’s UK and EU Competition Documents Reference: Odudu, The Boundaries of EC Competition Law (2006) Taylor, EC & UK Competition Law and Compliance (2000) Bishop and Walker, The Economics of EC Competition Law (1999) Faull and Nikpay, EC Competition Law (2nd ed 2007) Gellhorn and Kovacic, Antitrust Law and Economics (4th ed 1994) Bork, The Antitrust Paradox (1978, reprinted with a new introduction and epilogue, 1993) Specialist Journals: European Competition Law Review (ECLR) Competition Law Monitor PAPER 15. INTERNATIONAL ENVIRONMENTAL LAW This course introduces students to international environmental law and considers how international law may be used to facilitate environmental protection. The first part of the course (Michaelmas Term) commences with an overview of the international legal system in the context of environmental protection. It then discusses the history, development, sources and principles of international environmental law and reviews the role of the UN and other international organisations in the context of environmental protection. of international environmental law. The second part of the course (Lent term) analyses particularly complex international environmental issues. Using case studies which may include hazardous waste, nuclear energy and biotechnology, it explores damage, liability and dispute settlement in an international environmental context, discusses the role of international litigation, and analyses the relationship between environmental protection and international trade law. Next, it reviews key issues (atmospheric protection, climate change, transboundary water, biodiversity and international forest law) to analyse the creation, implementation and effectiveness
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16.
History and Development of International Environmental Law (IEL) Sources and Principles of IEL Atmospheric Protection Climate Change Transboundary Water Biodiversity Agreements I Biodiversity Agreements II International Forest Law Environment and Trade I Environment and Trade II International Environmental Litigation I International Environmental Litigation II Hazardous Waste Nuclear Energy Biotechnology Emerging Trends in IEL
READING The specific texts for this course are: Birnie and Boyle, International Law and the Environment (3rd ed 2009) Sands, Principles of International Environmental Law (2nd ed 2003) Much material will be taken from journals and websites. Reference will also be made to: Brownlie, Principles of Public International Law (7th ed 2008) Dixon, Textbook on International Law (6th ed 2007) Evans (ed), International Law (3rd ed 2010) Lester and Mercurio, World Trade Law: Text, Materials and Commentary (2008) Lowe, International Law (2008) Merrils, International Dispute Settlement (5th ed 2011) Sands and Klein, Bowlett’s Law of International Institutions (6th ed 2009) Shaw, International Law (6th ed 2008) PAPER 16. CONSTITUTIONAL LAW OF THE EUROPEAN UNION 1. Introduction and Institutional Matters (i) (ii) (iii) (iv) (v) 2. Introduction: History and Constitutional Evolution Institutional basics; interpretations of EU Law Matters of Depillarisation The Judicial System The Democratic Deficit and Sources of Legitimacy
A Multilevel System of Governance; Relationship between EU and National Law (i) (ii) (iii) (iv) Competences and the Principle of Conferral The Principles of Subsidiarity, Proportionality Vertical Division of Competences in other Federal Systems Primacy and Direct Effect
Fundamental Rights Constitutional Reception in the Member States
(vii) The EU as part of a wider Multi-Level System of Governance: International Law (viii) Limiting National Regulatory Autonomy 3. The Economic Constitution and Beyond (i) (ii) (iii) READING Background reading: The standard EU law textbooks provide useful background reading for this course. See especially: Craig and de Búrca, EU Law: Text, Cases and Materials (5th ed) Craig and de Búrca, The Evolution of EU Law (2nd ed) Hartley, The Foundations of European Community Law (7th ed) Weatherill, Cases and Materials on EU Law (9th ed) Wyatt and Dashwood’s European Union Law (6th ed) Chalmers et al., EU Law (2nd ed) Maduro, We the Court: The European Court of Justice and the European Economic Constitution: a Critical Reading of Article 30 of the EC Treaty (1998) PAPER 17. EU TRADE LAW 1. Introduction to the Law. The theory of EU trade law. The rationale underpinning free trade; the need for Union regulation; the form that this regulation takes, focusing in particular on arguments concerning regulatory competition. The internal market. Evolution of the Court’s case law on the free movement of goods from Dassonville to Keck; evolution of the Court’s case law on free movement of persons (from Van Binsbergen to Säger). Brief outline of case law on free movement of workers and establishment; the nineties: Keck, Gebhard and Alpine; recent developments and problematic aspects of the Court’s case law; free movement of capital. The Treaties as an economic constitution: controlling Member State action through competition rules (Arts. 81 and 106) including specific examples such as the regulation of sports and professions; the right to provide or receive health services. Regulating the internal market. Legal basis, the different methods of regulation (exhaustive harmonisation, minimum harmonisation, new approach, OMC). Regulating GMOs will be the principal case study. 2. Case studies. Public Procurement: The legal regime as governed by the Directives and their interaction with the Treaty provisions on goods and persons; the relevance of non-economic factors. The European Economic Constitution and its significance Citizenship and Free Movement The Area of Freedom, Security and Justice: Constitutional Dilemmas
The Role and Development of EU Consumer Law; Harmonising Directives and Market
Integration; the Relationship between Consumer Law and Competition Law. READING The specific text for this course is Barnard, The Substantive Law of the EU (3rd ed 2010) for the first and part of the second term. In the second term, Dr Albors-Llorens will also use Weatherill, EU Consumer Law and Policy (2005). Most material will be taken from monographs and journals. In particular, reference will be made to: Andenas and Roth, Services and Free Movement Law (2003) Arrowsmith and Kunzlik, Social and Environmental Policies in EC Procurement Law (2009) Barnard and Scott (eds), The Law of the Single European Market: Unpacking the Premises (2002) Barnard and Odudu, The Outer Limits of European Union Law (2009) Keirsbilck, The New Law on UCP and Competition Law (2011) Poiares Maduro, We the Court: the European Court of Justice and the European Economic Constitution: a Critical Reading of Article 30 of the EC Treaty (1998) McCrudden, Buying Social Justice (2007) Statutes: Blacktone’s EU Treaties and Legislation (2011-2012) Additional specific legislation will be made available during the course as required. Subject to the usual rule as to annotations, such material may be taken into the examination. Specialist Journals: European Law Review Common Market Law Review European Law Journal European Competition Law Review (ECLR) PAPER 18. EXTERNAL RELATIONS LAW OF THE EUROPEAN UNION 1. 2. Introduction: the European Union and its institutions; the two spheres of EU external relations competence. The general law of EC external relations: legal personality and Treaty-making power; the principle of limited and specific attribution of external competences; express and implied attribution; the relationship between EC and Member State competence (exclusive, concurrent and shared competence); negotiating, concluding and implementing international agreements; international agreements in the internal legal order of the EC; ‘mixed’ agreements. 3. 4. The Common Commercial Policy (CCP): scope of the CCP; the EC in the World Trade Organisations (WTO). The Common Foreign and Security Policy (CFSP) and the European Security and Defence Policy (ESDP): legal framework and financing; legal instruments; the interface with EC external relations competence.
Cross-pillar mechanisms: economic sanctions; controlling the exportation of dual-use goods
READING Cremona and de Witte (eds.), EU Foreign Relations Law (2008) Dashwood and Hillion (eds), The General Law of EC External Relations (2000) Dashwood and Maresceau (eds.), Law and Practice of EU External Relations – Salient Features of a Changing Landscape (2008) Eeckhout, External Relations of the European Union (2004) Koutrakos, EU International Relations Law (2006) Mégret, Le droit de la CEE, vol. 12 (by Louis and Brückner) PAPER 21. SETTLEMENT OF INTERNATIONAL DISPUTES 1. Introduction to International Courts and Tribunals (i) (ii) (iii) (iv) (v) 2. History and development of international adjudication and arbitration The modern system of international courts and tribunals Classifications and terminology The function and scope of procedural rules The public/private divide in dispute resolution involving state parties
Jurisdiction (i) (ii) General principles: competence-competence; forum prorogatum; separability of dispute resolution clauses; jurisdiction ratione materiae, ratione personae and ratione temporis Specific issues for the vesting of jurisdiction: reliance upon the optional clause (ICJ); existence of an investment (investment treaties & ICSID); reliance on an MFN clause to expand jurisdiction (investment treaties). Incidental jurisdiction.
Admissibility (i) (ii) (iii) (iv) Distinction between jurisdiction and admissibility Absence of a necessary third party Diplomatic protection: nationality of claims and exhaustion of local remedies Investment treaty arbitration: contracts claims versus treaty claims; derivative claims by shareholders
Justiciability and Arbitrability (i) (ii) The doctrine of non-justiciability of political disputes The subject matter of disputes that can be submitted to arbitration (arbitrability): the problem of illegal transactions
Applicable Laws (i) (ii) (iii) (iv) (v) (vi) Characterisation Law applicable to substantive issues, jurisdiction and admissibility, arbitration clause, procedure, capacity of parties, issues of state responsibility. The doctrine of municipal laws as facts before international courts and tribunals International public policy Problems of treaty interpretation before international courts and tribunals Choice of law problems in investment treaty arbitration
Provisional Measures (i) (ii) (iii) (iv) Source of power to grant provisional measures; Relationship with jurisdiction over the merits Circumstances relevant to granting provisional measures Provisional measures in territorial disputes Binding force and enforceability of provisional measures
Remedies in International Adjudication (i) (ii) (iii) The three forms of reparation: restitution, compensation, declaratory judgments Problems of restitution Problems of compensation: differentiating between the remedial consequences following from a breach of different substantive obligations
Challenges to International Decisions; Recognition and Enforcement of International Decisions (i) (ii) (iii) (iv) (v) Interpretation and revision Challenge before the ICJ Challenge before the municipal courts at the seat of the arbitration The special case of ICSID annulment proceedings The New York Convention on the Recognition and Enforcement of Arbitral Awards
Denial of Justice (i) (ii) (iii) (iv) The modern conception of denial of justice in international law Exhaustion of remedies as a substantive requirement Is denial of justice limited to a review of procedural aspects of the trial or hearing before the municipal court? Denial of justice in investment treaty arbitration
Relations between Jurisdiction of International Courts (i) (ii) The problem of overlapping jurisdictions and techniques to resolve jurisdictional conflicts Is the proliferation of international courts and tribunals leading to the fragmentation of international law? Does it matter?
READING There is no single set text and students are encouraged to read widely. Detailed lists are distributed during the course. It is assumed that students have an elementary knowledge of the principal international courts and tribunals. The following introductory text is recommended reading before commencement of the lectures: Merrills, International Dispute Settlement (5th ed 2011) Extensive reference will be made to the following text and students may wish to obtain their own copy: Douglas, The International Law of Investment Claims (2009) Statute: Students should obtain their own copy of: Evans, Blackstone’s International Law Documents (9th ed 2009 or later ed)
This text may be taken into the examination room. Reference: Aldrich, The Jurisprudence of the Iran-United States Claims Tribunal (1996) Brown, A Common Law of International Adjudication (2007) Eiriksson, The International Tribunal for the Law of the Sea (2000) Fitzmaurice, The Law and Procedure of the International Court of Justice (1986) Gaillard et al, Fouchard, Gaillard & Goldman on International Commercial Arbitration (1999) Gray, Judicial Remedies in International Law (1987) McLachlan et al, Investment Treaty Arbitration: Substantive Principles (2007) Rosenne, The Law and Practice of the International Court, 1920-2005 (2006) Sands et al, Manual on International Courts and Tribunals (2010) Shany, The Competing Jurisdictions of International Courts and Tribunals (2003) Zimmermann et al, The Statute of the International Court of Justice: A Commentary (2006) PAPER 23. THE LAW OF THE WORLD TRADE ORGANIZATION The World Trade Organization (WTO) is the primary organization in the field of economic globalization. WTO law governs the rights of governments to regulate international trade in goods and services and requires them to protect intellectual property. The WTO has an active dispute settlement system which, since 1995, has produced a substantial jurisprudence. The purpose of this course is to study the law of the WTO, as set in a real-world social and political context. In addition to focusing on the fundamentals of WTO law, the course looks at the relationship between WTO rules and other values, such as the rights of WTO Members to protect public policy interests, such as the environment and human rights. A special theme is the role of developing countries within the WTO system. At the end of the course, students should have an appreciation of the purpose and functions of the WTO and be familiar with its rules and jurisprudence. The course presumes no prior knowledge of economics or trade policy. It is an advantage, though not mandatory, to have a background in public international law. The first part of the course commences with the history of the WTO and its institutional dimension. Next, it turns to the mechanism of trade negotiations and the core WTO principles in goods and services as well as the non-economic exceptions to WTO obligations. Based on this knowledge of substantive WTO law, the course discusses the WTO dispute settlement system, including the relationship between WTO law and other parts of the international legal system (for example, environmental and human rights law). The second part of the course covers more specialized subjects, including the regulation of product standards and of food safety and pests, as well as the main trade policy instruments used by governments to protect their domestic industries, ie subsidies and ‘trade remedies’, intellectual property protection, including the legal rights of WTO Members to order ‘compulsory licences’ for essential medicines, and the issue of trade and finance. Finally, the course devotes three seminars to a discussion of the major subsystems of trade regulation, which exist formally as exceptions to the most-favoured-nation obligation. The first of these is the Generalized System of Preferences
(GSP), under which developed countries may grant preferential tariff treatment to developing countries; the second is the regulation of regional trade agreements. We round off the course with a seminar discussing those areas in which regional trade agreements go beyond the subjects covered by the WTO. READING There are various textbooks and casebooks on WTO law. This course recommends the purchase of at least one of the textbooks noted below, but it does not rely on either exclusively. The casebooks also contain some helpful material, but, again, the course does not rely on these. The course will be taught on the basis of weekly handouts with reading lists. These will be divided into mandatory reading and recommended reading. The mandatory reading will be mainly primary materials in the form of treaty texts, subsidiary WTO instruments and dispute settlement reports (ie the cases). It is essential to bring these materials to class. The treaty texts are collected in The Results of the Uruguay Round of Multilateral Trade Negotiations: The Legal Texts (any edition) and it is essential to purchase this book and bring this to class. This book may also be taken into the final exam. Other materials, and in particular, dispute settlement reports, are not readily available and must be printed out and brought to class. These can be lengthy. Unfortunately the Law Faculty is unable to subsidise printing costs. The materials listed as ‘recommended reading’ do not need to be brought to class. Textbooks: Matsushita et al, The World Trade Organization (2nd ed 2006) Trebilcock and Howse, The Regulation of International Trade (3rd ed 2005) Casebooks: Van den Bossche, The Law and Policy of the World Trade Organization (2nd ed 2008) Lester and Mercurio, World Trade Law (2008) The policy and economics of international trade: This course is not an economics or trade policy course. However, a basic understanding of these matters will greatly assist in understanding WTO law. Some useful and readable books, taking an orthodox line, are: Bhagwati, In Defense of Globalization (2nd ed 2007) Irwin, Free Trade Under Fire (3rd ed 2009) Irwin, Against the Tide: An Intellectual History of Free Trade (1996) Krugman, Pop Internationalism (1996) Some more critical books are: Chang, Bad Samaritans: The Guilty Secrets of Rich Nations and the Threat to Global Prosperity (2007) Unger, Free Trade Reimagined (2007) and also available at http://press.princeton.edu/chapters/s_8473.pdf There are numerous other books on globalization, but many of these tend not to focus on free trade, as such, or do not do so as well as the books listed above. One focusing on development issues is: Stiglitz and Charlton, Fair Trade for All: How Trade Can Promote Development (2007)
A fairly lively book on the Doha negotiations is: Blustein, Misadventures of the Most Favoured Nations: Clashing Egos, Inflated Ambitions, and the Great Shambles of the World Trade System (2009) Online materials: A great deal of material is available online. Most important is the WTO website: www.wto.org and its documents database at http://docsonline.wto.org. Another useful site for primary material and commentary is www.worldtradelaw.net, and the blog on this site is a useful source for identifying current disputes in the field of international trade. There are also numerous NGOs with useful information, including the International Centre for Trade and Sustainable Development (www.ictsd.org), which has a weekly newsletter (Bridges) covering recent developments, and the South Centre (www.southcentre.org). PAPER 25. INTERNATIONAL HUMAN RIGHTS LAW The main focus of this course is on the ideas and concepts that inform international human rights law and practice, and on the relationship between human rights and other contemporary phenomena and processes. The course does not aim to cover the field of human rights exhaustively, rather to concentrate on certain areas examining them from a variety of angles (theoretical, historical, doctrinal, etc). Overall the aim is to acquire a critical knowledge of central aspects of international human rights law, and an ability to contextualise and problematise them. Examples of themes that will run through the course are: 1. 2. 3. 4. 5. Theoretical and philosophical dimensions; The ‘War on Terror’; Social justice and human rights; Institutions and processes; Human rights adjudication.
The provisional order of classes is as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Introduction to the Idea of Human Rights Liberalism Sceptics and Critics I Sceptics and Critics II Structure of the human rights regime and enforcement Right to Life and Livelihood Right to Property Economic and Social Rights Indigenous rights Self-determination and Democracy Multiculturalism and Human Rights Arbitrary Arrest and Detention in National Emergencies Freedom from Torture and Ill-Treatment Freedom of Movement Refugee Rights
READING There is no set textbook for this course. The following books will however be used frequently: Alston, Goodman and Steiner, International Human Rights in Context (3rd ed 2007) Hunt, Inventing Human Rights: A History (2007) Marks and Clapham, International Human Rights Lexicon (2005) PAPER 26. CIVIL LIBERTIES AND HUMAN RIGHTS The course is based upon the United Kingdom Law and practice relating to civil liberties and human rights, considered against the background of the European Convention on Human Rights and international law more generally. Particular attention is paid to the philosophical foundations of civil liberties and the nature of rights. The course addresses the central question of how civil liberties and human rights are and should be protected within a constitutional structure which is based upon Parliamentary Sovereignty but is in the process of embedding human rights. Individual topics considered in depth will be selected from a list including: 1. 2. 3. 4. 5. 6. 7. 8. 9. The nature of Civil Liberties and Human Rights in the UK. Tensions between the Strasbourg Court, international and domestic institutions. Terrorism. Right to Life. Torture and Article 3 ECHR. Freedom of Religion Equality Theories of Free Speech Freedom of Assembly and Public Order.
10. Privacy 11. Right to Vote READING Background reading: Bingham, The Rule of Law (2010) Ewing and Gearty, The Struggle for Civil Liberties (2000) Gearty, Civil Liberties (2007) Textbooks, cases and materials: UK Law Bailey, Harris and Jones, Civil Liberties, Cases and Materials (6th ed 2009) Fenwick, Civil Liberties and Human Rights (4th ed 2007) Fenwick and Phillipson, Text, Cases and Materials on Public Law and Human Rights (3rd ed 2010) European Human Rights Law
Harris, O’Boyle, Warbrick and Bates, Law of the European Convention on Human Rights (2nd ed 2009) Janis, Kay and Bradley, European Human Rights Law (3rd ed 2008) Ovey, White and Jacobs, The European Convention on Human Rights (5th ed 2010) Further reading and reference: Allan, Constitutional Justice: A Liberal Theory of the Rule of Law (2001) Ashworth and Emmerson, Human Rights and Criminal Justice (2007) Barendt, Freedom of Speech (2nd ed 2005) Beatson et.al. Human Rights: Judicial Protection in the United Kingdom (2008) Beatson and Cripps, Freedom of Expression and Freedom of Information (2000) Campbell, Ewing and Tomkins, Sceptical Essays on Human Rights (2001) Dembour, Who Believes in Human Rights? (2006) Ewing, Bonfire of the Liberties: New Labour, human rights, and the rule of Law (2010) Feldman, Civil Liberties and Human Rights in England and Wales (2nd ed 2002) Feldman (ed), English Public Law (2nd ed 2009) Fenwick and Phillipson, Media Freedom under the Human Rights Act (2006) Fenwick, Phillipson and Masterman (eds), Judicial Reasoning under the UK Human Rights Act (2007) Gearty, Principles of Human Rights Adjudication (2004) Gearty, Can Human Rights Survive? (2006) Griffin, On Human Rights (2008) Halliday and Schmidt (eds), Human Rights Brought Home: Socio-Legal Studies of Human Rights in the National Context (2004) Hickman, Public Law After the Human Rights Act (2010) Leigh and Masterman, Making Rights Real: The Human Rights Act in its First Decade (2008) Lester and Pannick, Human Rights Law and Practice (3rd ed 2009) Mead, The New Law of Peaceful Protest: Rights and Regulation in the Human Rights Act Era (2010) Rowbottom, Democracy Distorted: Wealth, Influence and Democratic Politics (2010) Scolnicov, The Right to Religious Freedom in International Law: Between Group Rights and Individual Rights (2010) Detailed reading lists are distributed during the course. PAPER 30. JURISPRUDENCE This course addresses some of the central problems in the philosophy of law: questions such as the nature of law, the nature of justice, and the relationship between justice, legality and conceptions of human nature and human well-being. The following is an indication of some of the topics covered: 1. 2. 3. 4. 5. 6. 7. 8. The Aristotelian tradition of political thought, and early-modern departures from Aristotle: Hobbes and Grotius. Classical legal positivism: Hobbes and Bentham. Classical common law theories. Modern analytical legal positivism: Hart. Critics of legal positivism: Dworkin, Fuller. Modern theories of justice: Rawls. Liberalism and public morality: Rawls, Devlin, Hart. The natural law tradition: Aquinas and Finnis.
Twentieth century debates will be addressed within the context of the broader traditions of philosophical thought concerning law and justice. Continuities and discontinuities between the historic tradition and the modern debates will be acknowledged. The possibility that modern versions of the philosophical debate are to some extent impoverished or misconceived will be considered. The course is suitable both for those who have already studied jurisprudence or philosophy of law, and for those with no previous knowledge of the subject. READING Reading will be prescribed for each class, but the more important texts to be studied (in whole or in part) will be: Thomas Aquinas Summa Theologica, Treatise on law: I-II qq90-108; Treatise on justice: II-II qq57-62 Bentham, An Introduction to the Principles of Morals and Legislation Dworkin, Law’s Empire Finnis, Natural Law and Natural Rights Hart, The Concept of Law Hart, Law, Liberty and Morality Hobbes, Leviathan Rawls, A Theory of Justice PAPER 32. COMMERCIAL EQUITY 1. Core Principles of Express Trusts and their ‘Offshore Challenge’ (i) The juridical nature and function of the trust; trusts in organisational theory, including competing governance structures for asset management through corporations and agency. Proprietary vs. contractarian aspects of trust. The relevance of default rules and the express drafting of trust terms. A discussion of which mandatory rules flow from which aspect. 2. The ‘Irreducible Core’ of Trusteeship and Public Policy Controls on the Operation of Trusts (ii) The possibility of an ‘irreducible core’ content of trusteeship in English law (in terms of duties to account and to act in good faith; supervision by a court; enforcement by beneficiaries and limits on duration by the rule against perpetuities). The extent to which these can be abrogated in England by exemption clauses and ousters of rights to information. The basis of rights to information in English and Commonwealth law, including access to letters of wishes. The adequacy of the rights. Implications for trustee accountability and beneficiary enforcement. 3. Equitable Regulation in a Commercial Context (iii) Policing Commercial Dealings
The standards of conduct (primarily equitable) imposed upon parties to anticipated or actual commercial dealings. Against the backdrop of international standards proposed in the UNIDROIT Principles of International Commercial Contracts: 2004, the law in common law jurisdictions will be compared and contrasted as it bears on pre-contractual behaviour, on contract formation, performance and enforcement, and on extra-contractual and post-contractual behaviour. The principal doctrines to be considered are: (a) unconscionable dealing/unconscionable conduct; (b) estoppel in equity (promissory estoppel: USA); (c) ‘good faith and fair dealing’; (d) confidentiality; and (e) the fiduciary principle. Themes to be emphasised are risk assumption and risk allocation, fidelity to a bargain, reasonable expectations and litigation certainty and costs. The issues to be covered include: liabilities for pre-contractual wrongs, eg misappropriation of the contractual opportunity; unconscionability and contract formation and enforcement: Has it any place in dealings between commercial parties (eg franchisor and franchisee)? fidelity to the bargain and judicial review of the exercise of contractual powers and discretions, eg to vary or terminate a long-term contract; departure from the strict terms of the contract. 4. Fiduciary Doctrines (a) (b) (c) (d) The nature of ‘fiduciary duties’ and their defining difference from other legal duties. The function of fiduciary duties (including discussion of the philosophical and economic justifications for fiduciary doctrine). The incidence and application of fiduciary duties and the appropriateness of recognising them in commercial settings. Remedies: (1) relationship between legal and equitable liability to compensate for losses; (2) relevance of contributory negligence; (3) exemplary awards; (4) proprietary remedies through constructive trusts. 5. Pensions Basic structure of pensions trusts; their similarities and differences from traditional private trusts. Statutory regulation of terms. Review of discretions in pension schemes. Oversight of the operation of pension trusts by regulators. Funding and deficits. READING There is no main textbook for the course, and students will be expected to examine set reading provided by the lecturers, as well as engaging in their own studies. By way of introduction, students from a civilian background would be advised to read: Gardner, Introduction to the Law of Trusts (2nd ed 2003) or
Hayton, Law of Trusts (4th ed 2003) The following are generally relevant reference works: Conaglen, Fiduciary Loyalty (2010) Finn (ed), Equity and Commercial Relationships (1987) Finn (ed), Essays in Equity (1985) Finn, Fiduciary Obligations (1977) Fratcher, Scott on Trusts (4th ed 1989) Glasson (ed), The International Trust (2002) Hayton (ed), Modern International Developments in Trust Law (1999) Hayton, Underhill and Hayton, Law of Trusts and Trustees (17th ed 2007) Hayton (ed), Extending the Boundaries of Trusts and Similar Ring-Fenced Assets (2002) Heydon and Leeming, Jacob’s Law of Trusts in Australia (7th ed 2006) Mowbray et al., Lewin on Trusts, (17th ed 2000) Oakley (ed), Trends in Contemporary Trust Law (1996) Parker and Mellows, Modern Law of Trusts (9th ed 2008) Shepherd, Law of Fiduciaries (1981) Reports: Law Commission, Trustees’ Powers and Duties (CP 146) Law Commission, Trustee Exemption Clauses (LC 301) PAPER 33. COMPARATIVE FAMILY LAW AND POLICY This course offers students the opportunity to study the principles and policies underlying modern family law, at a level which is not possible in an undergraduate family law course. A comparative approach is adopted for most topics and the increasingly relevant international dimension in family law is also explored. It is an aim of the course that family law should be seen in its wider social context and students are encouraged to make use of materials other than the traditional statutory and judicial materials. The course is sufficiently flexible to allow attention to be given to issues of immediate relevance or particular topical interest. The areas to be covered in 2011-2012, and order of seminars, are expected to be the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. Introductory meeting: overview of the course. Legal regulation of adult relationships. Divorce. Family property and finances. Property and Financial Consequences of Cohabitation Breakdown. Child Support. Succession. Domestic Violence. The Elderly and Carers.
10. Parenthood and Parental Responsibility. 11. Private Law Disputes Relating to Children. 12. Child Protection and Adoption. 13. The Child in International Law. 14. Same-Sex Partnerships.
15. Gender. 16. Marital Agreements and other Family Contracts. READING Detailed reading lists are issued during the course. The Squire Law Library and the University’s electronic resources cover a wealth of international, comparative and national family law materials to which students will be referred, including the Commission of European Family Law’s growing series of comparative studies and its recommendations of European principles of family law; the International Society of Family Law’s conference proceedings; the annual International Survey of Family Law; the International Journal of Law, Policy and the Family, the journal International Family Law; and a range of national law textbooks and family law journals from several jurisdictions. Students wishing to acquire knowledge of English family law may wish to consult Harris-Short and Miles, Family Law: Text, Cases, and Materials (2nd ed 2011), regularly updated via its companion website: http://www.oup.com/uk/orc/bin/9780199277162/ or Herring, Family Law (5th ed 2011). Shorter works include Probert and Cretney’s, Family Law (7th ed) which is particularly recommended for students who wish to consult a book with a concise treatment of the issues. Other useful texts include: Choudhry and Herring, European Human Rights and Family Law Herring, Older People in Law and Society Scherpe and Yassari (eds), The Legal Status of Cohabitants (a comparative survey) Scherpe (ed), Marital Agreements in Comparative Perspective (2010) PAPER 34. PHILOSOPHY OF CRIMINAL LAW The course is designed to explore some of the principles and doctrines underlying the criminal law. In particular, it seeks to introduce students to the philosophical (and particularly, ethical) problems that criminal law raises, and to which legal systems presuppose certain answers. Those answers are variously criticised and defended in the course, and the principal aim of the course is to impart a sense of the philosophical complexity of the criminal law, especially when considering two facets central to criminal law: 1. The justification for and scope of the criminal sanction and questions of quanta of punishment. Why should criminal punishment exist? What should be the scope of the criminal law? Should penalties be proportionate to the How does justice in seriousness of the crime, and why so? How should the gravity of crimes be judged?
punishment relate to larger questions of social justice? 2. The criteria of criminal liability. A distinctive feature of the criminal law is that a conviction has intrinsic significance: characteristically, it betokens culpability for doing an a prohibited act. If so, we have reason to consider the criteria for responsibility and blame. This course is taught in seminars and as such it is hoped that to some extent the coverage can be tailored to reflect the interests of the participants. Likely topics include: 1. Types of theoretical analysis and the need for criminal theory; the concept of a crime, and the place of morality in the criminal law.
The Reach of the Criminal Law 2. 3. 4. The Harm Principle and remote harms. Offensive conduct. Paternalistic prohibitions.
Punishing the Convicted 5. 6. 7. 8. The general justification for punishment. Proportionality of sentence. Gauging the seriousness of crimes. Just punishment and social deprivation.
Responsibility for Harms 9. The voluntary act requirement. 10. Liability for omissions. 11. Causation and moral luck. Convictions and Culpability 12. Character, capacity, and choice conceptions of culpability. 13. The dilemmas of self-defence. 14. Duress and Necessity. 15. Mistakes. 16. Provocation. READING There is no particular text for the course. Introductory reading might include: Criminal Law: The introductory chapters on general principles in Ashworth, Principles of Criminal Law (any ed) Simester and Sullivan, Criminal Law: Doctrine and Theory (3rd ed 2007) chs 1-4, 16-17 and 22 Wilson, Criminal Law: Doctrine and Theory (any ed) Moral Philosophy and Criminal Law Theory: Alexander et al, Crime and Culpability: A Theory of Criminal Law (2009) Duff, Answering for Crime: Responsibility and Liability in the Criminal Law (2007) Gardner, Offences and Defences: Selected Essays in the Philosophy of Criminal Law (2007) Hart, Punishment and Responsibility (1968), esp chapters 2, 4-6, 8. Husak, Philosophy of Criminal Law (1987) Katz et al (eds), Foundations of Criminal Law (1999) Simester and Smith (eds), Harm and Culpability (1996) Singer (ed), A Companion to Ethics (1993) Coleman and Murphy. Philosophy of Law: An Introduction to Jurisprudence (1990) 67-82. Moore, Placing Blame (1997) Moore, Causation and Responsibility (2009) White, Grounds of Liability (1985) Criminalisation Theory: Feinberg, ‘The Classic Debate’ in Feinberg and Coleman, Philosophy of Law (6th ed 2000) 727-31.
Feinberg, The Moral Limits of the Criminal Law (1984-88) vols 1-4. Husak, Overcriminalization: The Limits of the Criminal Law (2007) Moore, Act and Crime (1993). See also symposium thereon in (1994) U Pennsylvania L Rev. Punishment Theory: Duff and Garland (eds), A Reader on Punishment (1994), esp the first four articles. von Hirsch, Censure and Sanctions (1993) esp chapters 2-5 and epilogue. von Hirsch and Ashworth, Proportionate Sentencing: Exploring the Principles (2005) PAPER 35. HISTORY OF ENGLISH CIVIL AND CRIMINAL LAW Generally candidates for this paper will have included a legal history course in their first degree studies, but it is not essential to have done so. Candidates without such a background are strongly advised to undertake some preliminary reading and may seek advice from Dr NG Jones, Magdalene College. The course takes the form of a weekly seminar, and it is hoped that to some extent the coverage can be tailored to reflect the interests of the participants. Topics will be selected from the following areas, in the period up to 1750: 1. 2. 3. 4. The sources and literature of English law. The leading institutional and procedural developments in English law. The relationship between the common law and equitable, conciliar and civilian forms of justice in England. The history of substantive English law, both civil and criminal.
This course does not include the history of constitutional law or international law. READING Introductory reading: Milsom, Historical Foundations of the Common Law (2nd ed) Baker, Introduction to English Legal History (4th ed) Further guidance on reading may be obtained from Dr Jones. PAPER 36. INTERNATIONAL INTELLECTUAL PROPERTY LAW The course is designed for students who already have some acquaintance with intellectual property law at a national level. Since regional and international arrangements in this field are an outgrowth of national laws, comparisons between approaches in those laws will form an integral part of this course. 1. General (a) Historical development of International Intellectual Property. (b) International institutions concerned with Intellectual Property: (i) World Intellectual Property Organisation and the conventions it administers; (ii) World Trade Organisation: dispute settlement and TRIPs; (iii) European Union and other regional bodies.
Specific fields Topics to be selected from the following: (a) Copyright and related rights under existing and prospective treaties and conventions (particularly Berne, WIPO Treaties, TRIPs). The challenges of the internet. (b) Intellectual property over technology: scope of patent systems, biotechnology, access to medicines, limitations on patent rights;
Intellectual property and global marketing: (a) International arrangements concerning trade marks and unfair competition; (b) Geographical and other denominations of origin, including types of collective marks.
Traditional and indigenous knowledge.
READING (further materials will be given during the course) Abott, Cottier and Gurry, The International Intellectual Property System (1999) Dinwoodie, Hennessey and Perlmutter, International Intellectual Property Law and Policy (2001) Fawcett and Torremans, Intellectual Property and Private International Law (1998) Gervais, The TRIPs Agreement (3rd ed 2008) Goldstein, International Copyright (2001) Correa, Intellectual Property Rights, the WTO and Developing Countries (2000) Reinbothe and von Lewinski, The WIPO Treaties 1996 (2002) Sterling, World Copyright Law (3rd ed 2008) Von Lewinski, International Intellectual Property Law and Policy (2008) Seville, EU Intellectual Property Law and Policy (2009) PAPER 38. SEMINAR COURSES The following Seminar Courses, examined by dissertation only, will be offered in 2011-2012: Comparative Law Public Law European Social Rights and Economic Integration
Postgraduate courses and degrees
This information is for those who are interested in studying law at postgraduate level at the University of Cambridge. It must be read in conjunction with the information for prospective applicants on the Board of Graduate Studies website at http://www.admin.cam.ac.uk/offices/gradstud. It is possible for a graduate in a subject other than law, or a law graduate from abroad, to study English law at Cambridge at undergraduate level as an ‘affiliated student’, obtaining a BA in two years rather than the usual three. The application procedure for prospective affiliated students is similar to that for undergraduates and is described in the University of Cambridge Undergraduate Prospectus. Please visit http://www.cam.ac.uk/admissions/undergraduate/ Four postgraduate degrees are available in law: the LLM, MLitt, PhD (under the General or Special Regulations) and LLD. In addition, we offer the MPhil in Criminology, the MPhil in Criminological Research, the Diploma in Legal Studies, the Diploma in International Law, and the Certificate of Postgraduate Study in Legal Studies. The courses of study for each of these (with the exception of the MPhil in Criminology and the MPhil in Criminological Research) are outlined in this booklet. Further information about the MPhil in Criminology, the MPhil in Criminological Research and other graduate courses in Criminology may be obtained from the Graduate Programmes’ Administrator at: The Institute of Criminology Sidgwick Avenue Cambridge CB3 9DT UNITED KINGDOM Tel. No: + 44 (0)1223 335363 Fax No: + 44 (0)1223 335356 E-mail: email@example.com Website: http://www.crim.cam.ac.uk/courses Residence Requirements. In order to graduate from the University of Cambridge a student must have complied with the residence requirements for the course concerned. Each academical year is divided into three terms (Michaelmas, Lent and Easter), and a candidate for any postgraduate degree in law, with the exception of the PhD under the Special Regulations or the LLD, is required to keep a specified number of terms by residing in the University. Graduate students, in particular those who are candidates for research degrees, are generally in residence continuously throughout the year apart from short breaks taken between terms. Residing in the University means, for research students, living within a radius of ten miles from the centre of Cambridge. Candidates for the LLM must live within three miles of the centre of Cambridge. Further information about residence requirements can be found at http://www.admin.cam.ac.uk/offices/gradstud/policy/statutes/terms/index.
The LLM (one-year taught postgraduate degree) The Cambridge LLM (Master of Law) is a one-year taught postgraduate course commencing at the beginning of October each year and ending in June of the following year. LLM students take four papers, each of which is generally assessed by means of a written examination. One of the four papers may instead by taken by thesis. For more information on the curriculum see page 68 and http://www.law.cam.ac.uk/courses/llm. The minimum entry requirement for the LLM is normally a First Class degree in Law from a UK University, or the equivalent from an overseas institution. For overseas students this typically means being placed in the top 5-10% of their class. The LLM Admissions Committee does consider applications from those with a non-Law first degree, provided that in addition to their degree they have either substantial relevant professional legal experience or have obtained a professional legal qualification with the equivalent of a First class result. However, a first degree in Law is the preferred preparation for the Cambridge LLM. Applicants whose first language is not English should take a language proficiency test to show they have the necessary command of the English language to get the most out of the course. IELTS is the University's preferred test. Where the IELTS test is not available, the Princeton TOEFL test may be taken instead. Applicants who take the IELTS test should attain a minimum overall score of 7.5 with a minimum of 7.0 in the reading, writing, listening and speaking components. Applicants who take the TOEFL test should attain a minimum score of 110 overall, with at least 25 in each of the individual components of reading, writing, listening and speaking. Applicants for the LLM should apply through the Board of Graduate Studies’ website at:
http://www.admin.cam.ac.uk/offices/gradstud/prospec/apply/index.html. 2011 for admission in 2012. Late applications will not be considered. Courses of Research in Law
The LLM application deadline is 2 December
There are three supervised research courses open to prospective research students in the Faculty of Law. The choice between them depends on the level and complexity of an applicant’s proposed programme of research and the length of time which it is likely to take to complete. It should be noted that courses of research in law at Cambridge cannot be taken part-time or by correspondence. Diploma in Legal Studies and Diploma in International Law (full-time – one year; part-time – two years). The regulations for these diplomas are substantially the same. An applicant interested in writing a thesis on a topic in international law should apply for the Diploma in International Law. The Diploma in Legal Studies covers all other topics within the field of law. Each candidate for a diploma is assigned a supervisor by the Faculty’s Degree Committee and is required to keep at least three terms of residence (or, if undertaking the Diploma on a part-time basis, six terms of residence) before submitting for examination a thesis not exceeding 30,000 words, inclusive of footnotes but exclusive of appendices and bibliography, on a topic approved by the Faculty. A thesis for the diploma must afford evidence of serious study and the ability to discuss a difficult problem critically. An oral examination may be held. There is no course-work or taught element although students are encouraged to attend the Faculty’s Research Training and Development Programme and lectures as recommended by their supervisor. Unlike residence for the LLM course, the year of research leading to a diploma may, in appropriate circumstances, be counted towards a research degree such as the MLitt or PhD.
Master of Letters (full-time – two years). A candidate for the MLitt must have completed six terms of research before they can be considered for the award of the degree. In addition, candidates must have resided in Cambridge for a minimum of three out of those six terms, unless permission has been granted to live elsewhere (information on ‘Leave to Work Away from Cambridge’ can be found at: http://www.admin.cam.ac.uk/offices/gradstud/current/yourinfo/programme/workaway.html). Candidates are examined on a dissertation of not more than 60,000 words, inclusive of footnotes but exclusive of appendices and bibliography. A dissertation for the MLitt must represent a useful contribution to learning and should take due account of previously published work on the subject. Candidates are also required to attend an oral examination. As with the Diploma, the Faculty’s Degree Committee is responsible for approving the topic of research for each MLitt candidate and assigning a supervisor. Doctor of Philosophy (full-time – three years). A candidate for the PhD must have completed nine terms of research before they can be considered for the award of the degree. In addition, candidates must have resided in Cambridge for a minimum of three out of those nine terms, unless permission has been granted to live elsewhere (information on ‘Leave to Work Away from Cambridge’ can be found at: http://www.admin.cam.ac.uk/offices/gradstud/current/yourinfo/programme/workaway.html). Candidates are examined on a dissertation of 80,000 words exclusive of footnotes, appendices and bibliography but subject to an overall word limit of 100,000 words exclusive of bibliography. As with the Diploma and MLitt, the Faculty’s Degree Committee is responsible for approving the topic of research for each PhD candidate and assigning a supervisor. A dissertation for the PhD must represent a significant contribution to learning, for example through the discovery of new knowledge, the connection of previously unrelated facts, the development of new theory, or the revision of older views, and must take due account of previously published work on the subject. Candidates are required to attend an oral examination on the subject of their dissertation and on the general field of knowledge within which it falls. MLitt and PhD candidates are, in their first year, registered as candidates for the Certificate of Postgraduate Study in Legal Studies, not as candidates for the MLitt or PhD. At the end of this probationary first year they may, on the recommendation of their supervisor and an independent assessor, and with the approval of the Faculty’s Degree Committee and Board of Graduate Studies, be registered as candidates for the appropriate degree. Certificate of Postgraduate Study in Legal studies (one year) The purpose of the Certificate programme is to provide training in legal research. Prospective MLitt and PhD candidates are, in the first instance, registered for the Certificate unless they have successfully completed an equivalent research training course elsewhere, in which case exemption from the requirement to complete the Certificate may be given. The Certificate is an integral part of the MLitt and PhD and it is not possible for a prospective applicant to apply for it as a separate one-year research course. Candidates for the Certificate are allocated a supervisor by the Faculty’s Degree Committee and, towards the end of their first year, are required to submit three items for a progress review: a Personal Progress Log which should demonstrate an ability to plan appropriate training and research activities to a level necessary to be an independent researcher, a 15,000-word dissertation (inclusive of footnotes but exclusive of bibliography and appendices) which should demonstrate due diligence and an ability to write in an appropriate scholarly manner, and a short explanation of the proposed topic of PhD or MLitt research. Two assessors are appointed by the Faculty’s Degree Committee (normally two members of the Faculty of Law) and candidates are required to attend an oral examination. On the basis of the Assessors’ report, the Faculty’s Degree Committee recommends to the University whether or not the candidate should be registered for a PhD or MLitt. Prospective MLitt or PhD candidates who meet the requirements of the Certificate and who are permitted to proceed are normally registered for the degree sought at the end of their first year of residence and their registration date is normally backdated so as to include the three terms working on the Certificate.
As part of the requirements for the Certificate, the Faculty of Law organises a Research Training and Development Programme consisting of courses and seminars. Research students who have been granted exemption from attending the research training classes are nevertheless strongly encouraged to attend this programme which is also attended by many research students at a more advanced stage of their research. The aims of the programme are to provide an introduction to research techniques and methods in law and cognate disciplines, to provide practical guidance and advice on the conduct of research and to encourage discussion of philosophical and theoretical issues. The programme also provides an opportunity for students to present their research at a work-in-progress seminar. The Institute of Criminology provides its own Training and Development Programme which law students with interests in socio-legal issues should attend. Further details about this programme are available from the Institute. Certain classes on social science research techniques are also shared between the Faculty and the Institute. Minimum entry requirements, how to apply and course closing dates The minimum entry requirements for admission to any of the above research courses in Law (ie. the Diploma in Legal Studies, the Diploma in International Law, the MLitt, or the PhD) are: a First Class degree in Law, or a related discipline relevant to the subject of the proposed research, from a British University, or its equivalent from a University overseas, or a very good upper second class honours degree in Law, or a related discipline relevant to the subject of the proposed research, with, in addition, an overall First or Distinction in a Master’s Degree in Law, or a related discipline relevant to the proposed research. suitability of proposed research to Cambridge availability of suitable supervisor at Cambridge Applicants whose first language is not English should take a language proficiency test to show they have the necessary command of the English language to get the most out of the course. IELTS is the university's preferred test. Where the IELTS test is not available, the Princeton TOEFL test may be taken instead. Prospective students who do this must take the Test of Written English (TWE) at the same time. Applicants who take the IELTS test should attain a minimum overall score of 7.5 with a minimum of 7.0 in the reading, writing, listening and speaking components. Applicants who take the TOEFL test should attain a minimum score of 637 in the paper-based test plus 5.5 TWE. Applicants who take the internet based TOEFL test should attain a minimum overall score of 110, with no less than 25 in each individual element. Applicants for research courses in Law should apply online through the Board of Graduate Studies – please see http://www.admin.cam.ac.uk/offices/gradstud/. The MLitt and PhD application deadline is 15 February for admission in the following October. Students should be aware that these are course closing dates and that funding deadlines from the Cambridge Trusts are earlier. Please refer to the table of application deadlines for all the relevant trusts at Cambridge at http://www.cambridgetrusts.org/about-us/key-points-for-postgraduates.html. The closing date for applications for the Diploma in Legal Studies and the Diploma in International Law is 31 March for admission in the following October, 31 May for admission in the following January and 30 September for admission in the following April. As above, students should be aware that these are course closing dates and that funding deadlines from the Cambridge trusts are earlier. applicants.html for further information. Before applying, prospective applicants are also advised to visit the Law Faculty’s website at Please see http://www.cambridgetrusts.org/about-us/key-points-for-postgraduate-
http://www.law.cam.ac.uk/courses/phd.php where they will be able to view the Faculty’s document ‘Frequently Asked Questions (Law Faculty-specific) for Prospective Research Students in Law’ together with information on funding.
Applications must be accompanied by a detailed research proposal of around 2,000 to 3,000 words. The mere indication of a general area of interest (such as ‘research in international law’) will delay and may prejudice an application. An applicant may be required to provide an example of previous research or legal writing (whether or not published) as evidence of his or her suitability to undertake a course of research. Enquiries about the research courses which are offered by the Faculty may be sent to firstname.lastname@example.org.
Degrees awarded for published work
Doctor of Philosophy under the Special Regulations. The degree of PhD may also be awarded under the ‘Special Regulations’ to a graduate of the University of Cambridge who has submitted published work which, in the opinion of the examiners, gives proof of a significant contribution to scholarship. The level of attainment required under the Special Regulations is the same as for the PhD degree awarded to a graduate student on the submission of a dissertation resulting from three years of research. A candidate for this degree is also required to attend an oral examination on the work submitted and on the general field of knowledge within which it falls. Candidates should make their application in writing to the Secretary of the Board of Graduate Studies, indicating the Faculty of Law as the institution to which the published work most closely relates. The Secretary should at the same time be provided with two copies of the published works as specified in the application, two copies of a list of these works, and a fee of £462 for the Chest. In addition to the publications submitted, the candidate should also submit his/her own statement of about 2,000 words (and not exceeding 5,000 words) in support of his/her application. An application form, together with further details on the application procedure, can be found at http://www.admin.cam.ac.uk/offices/gradstud/exams/higher/phdspecial/ Doctor of Law. The degree of LLD may be awarded to a graduate of the University of Cambridge who has submitted work which, in the opinion of the examiners, contains important and original contributions to the advancement of the science or study of law, gives proof of his or her academic distinction, and entitles him or her to be regarded as an authority in the field or fields of knowledge in which the work is submitted. The level of attainment required for a higher doctorate is very substantially higher than that required for the PhD degree and its award carries great prestige within the University. Candidates should make their application in writing to the Secretary of the Board of Graduate Studies specifying the published works on which his or her claim to the degree is based, providing a summary in not more than 500 words of the field of research covered by these works and naming the Faculty or other approved institution within whose scope these works fall. The Secretary should, at the same time, be provided with two copies of the published works as specified in the application, two copies of a list of these works, and a fee of £582 for the Chest. A substantial amount of the work submitted must have been published and the remainder must be printed or typewritten. An application form, together with further details on the application procedure, can be found at http://www.admin.cam.ac.uk/offices/gradstud/higher/
Teaching Members of the Faculty of Law and their Research Interests
Members of the Faculty may be contacted via the Faculty Office (Tel: 01223 330033). A Albors-Llorens, Lic.Der. (Valencia), LLM (Lond), PhD (Cantab); Girton College; University Senior Lecturer. European Community law. Competition law. (email@example.com) IJ Alexander, BA, LLB (Hons) (ANU), PhD (Cantab); Robinson College; College Lecturer; Newton Trust Lecturer. Intellectual property law. Criminal law. Modern legal history. (firstname.lastname@example.org) TRS Allan, MA, BCL (Oxon); Barrister (Middle Temple); Pembroke College; Professor of Jurisprudence and Public Law. Public law: constitutional theory; judicial review; civil liberties. (email@example.com) JWF Allison, BA, LLB, (Stell), LLM, MPhil, PhD (Cantab); Queens’ College; University Senior Lecturer. Public law: especially from a theoretical or historical and comparative perspective. Legal history: especially the development of public law. PJ Allott, MA, LLM, LLD (Cantab), FBA; Barrister (Gray’s Inn); Trinity College; Professor of International Public Law Emeritus. British constitutional law. EU law. International public law. Social and legal philosophy. (firstname.lastname@example.org) NH Andrews, MA, BCL (Oxon); Bencher (Middle Temple); Clare College; Professor in Civil Justice and Private Law. English and transnational civil procedure, mediation and arbitration; contract law. (email@example.com) AWE Bainham, LLB (Wales), LLM, PhD (Cantab); Barrister (Middle Temple); Reader in Family Law and Policy. Family law. Children and the law. Socio-legal studies. (firstname.lastname@example.org) Sir John Baker, QC, LLB, PhD (Lond), MA, LLD (Cantab), Hon. LLD (Chicago), FBA; Barrister (Inner Temple and Gray’s Inn), Honorary Bencher (Inner Temple); St Catharine’s College; Downing Professor Emeritus of the Laws of England. English legal history, especially in the early-modern period: history of the legal profession and the inns of court; legal manuscripts. (email@example.com) CS Barnard, MA, PhD (Cantab), LLM (EUI); Trinity College; Professor of Law; Director of the LLM Course; Co-Director of the Centre for European Legal Studies. European Union law, labour and discrimination law. (firstname.lastname@example.org) LA Bartels, BA (Hons), LLB (UNSW), PhD (EUI); Trinity Hall; University Senior Lecturer. International law. WTO law. EU law. (email@example.com) DJ Bates, LLB (Reading); Solicitor; Freshfields Legal IT Teaching and Development Officer. IT-based legal research and the application of IT in the law. Legal learning and working practices. Knowledge management, legal systems, online collaboration and social media. (firstname.lastname@example.org) JS Bell, MA, DPhil. (Oxon), FBA, QC (Hon); Pembroke College; Professor of Law (1973); Acting Director, Centre for Public Law; Joint Coordinator of Research Methods Course for PhD Students. European law. Jurisprudence. (email@example.com) Comparative law. Public law. Jurisprudence: legal and political theory.
L Bently, BA (Cantab); Emmanuel College; Herchel Smith Professor of Intellectual Property Law; Chair of the Degree Committee; Director of the Centre for Intellectual Property and Information Law. Intellectual property law. SN Bridge, MA (Cantab); Barrister (Middle Temple); Law Commissioner 2001-2008; Recorder; Queens’ College; University Lecturer. Property law: landlord and tenant law; residential and commercial tenancies. Family law: family property; succession. (firstname.lastname@example.org) SC Butler, MA (Oxon), LLM (Lond), CPGS (Cantab), PhD (Lond); Solicitor; St Edmund’s College; Fellow. (email@example.com) P Cane, BA, LLB (Sydney); BCL, DCL (Oxford); FBA, FASSA; Corpus Christi College; Joint Arthur Goodhart Visiting Professor of Legal Science. (firstname.lastname@example.org) BR Cheffins, BA, LLB (Vict BC), LLM (Cantab); Trinity Hall; SJ. Berwin Professor of Corporate Law; Director, Centre for Corporate and Commercial Law. Company law. Corporate governance (legal, economic and historical aspects). (email@example.com) MA Clarke, MA, LLB, PhD (Cantab); St John’s College; Professor of Commercial Contract Law Emeritus. Insurance law. Contract law. Transport law: carriage by air, road, rail and sea. (firstname.lastname@example.org) MDJ Conaglen, LLB (Hons) (Auckland), LLM (Michigan), PhD (Cantab); Barrister and Solicitor (New Zealand); Trinity Hall; Reader in Equity and Trusts. Equity. Property. Trusts. (email@example.com) WR Cornish QC (Hon), LLB (Adel), BCL (Oxon), LLD (Cantab), FBA; Bencher (Gray’s Inn); Magdalene College; Herchel Smith Professor of Intellectual Property Law Emeritus. Intellectual property law. Modern legal history: the period after 1750. Restitution. (firstname.lastname@example.org) JR Crawford, BA, LLB (Adel), DPhil (Oxon), LLD (Cantab), SC (NSW), FBA, LLD (Hon, m.c.); Jesus College; Whewell Professor of International Law. Public international law. International arbitration. (email@example.com) AA Dashwood QC, BA (Rhodes), MA (Oxon), CBE; Barrister and Bencher (Inner Temple); Sidney Sussex College; Professor of European Law Emeritus. Law of the European Union. (firstname.lastname@example.org) JS Davis, BA, MSc, PhD; Solicitor; Wolfson College; Fellow. (email@example.com) PS Davies, BA (Cantab); Gonville & Caius College; College Lecturer. Contract law. Tort. Equity. Property law. Restitution. (firstname.lastname@example.org) SF Deakin, MA, PhD (Cantab); Peterhouse; Professor of Law. Law and economics. Labour law. Corporate Intellectual property law. Criminal justice system.
governance. Tort law. Contract law. European Union law. (email@example.com) A du Bois-Pedain, MJur (Oxon), Dr. iur. (Berlin), Rechtsanwaeltin (Berlin); Magdalene College; University Senior Lecturer; Convenor, Cambridge Transitional Justice Research Network (CTJRN). Criminal law. Transitional justice. Legal theory. Medical law. (firstname.lastname@example.org) MN Dyson, MA, PhD (Cantab); Trinity College; College Lecturer. Tort. Crime. Legal History. Comparative law. Roman law. EU law. (email@example.com)
J Edwards, BA (Cantab), BCL, DPhil (Oxon); Christ’s College; College Lecturer. Constitutional law. (firstname.lastname@example.org)
MC Elliott, MA, PhD (Cantab); St Catharine’s College; University Senior Lecturer. Constitutional law. Administrative law, especially judicial review. (email@example.com) DJ Feldman QC (honoris causa), MA, DCL (Oxon), FBA; Honorary Bencher (Lincoln’s Inn); Downing College; Rouse Ball Professor of English Law. Public law. Human rights. (firstname.lastname@example.org) RG Fentiman, M.A., B.C.L. (Oxon); Solicitor; Queens’ College; Professor in Private International Law. Conflict of laws. International civil litigation. Comparative law. Legal theory. (email@example.com) EV Ferran, MA, PhD (Cantab); Solicitor; St Catharine’s College; Professor of Company and Securities Law. Corporate finance law. General company law. Financial regulation. Insolvency. (firstname.lastname@example.org) DW Fleming, MA, LLB (Cantab); Trinity Hall. Tort. Contract law. Legal theory, including sociology and anthropology. Legal education. (email@example.com) JD Ford, MA, LLB (Glas), LLM (Penn), PhD (Cantab); Gonville & Caius College; College Lecturer. History of legal thought. Scottish legal history. (firstname.lastname@example.org) CF Forsyth, BSc, LLB (Natal), LLB, PhD (Cantab); Barrister (Inner Temple); Robinson College; Professor of Public Law and Private International Law. comparative studies. Public law: judicial review; the judiciary. Private international law: theory and Human rights: Roman-Dutch law: especially suretyship and private international law.
especially in South Africa. (email@example.com) DM Fox, BA, LLB (Otago, NZ), PhD (Cantab); St John's College; University Senior Lecturer. property in money. Monetary history. Trusts. (firstname.lastname@example.org) MW Gehring, LLM (Yale), PhD (Hamburg); Robinson College; Tutor in Sustainable Development Law. European Union law. International law. Trade and competition law. Sustainable development and environmental law. (email@example.com) PR Glazebrook, MA (Oxon); Jesus College; Emeritus Fellow; retired University Lecturer. Criminal law. AC Goymour, MA (Cantab), BCL (Oxon); Downing College; Newton Trust Lecturer. Equity. Land law. Roman law. Restitution. Aspects of obligations. (firstname.lastname@example.org) CD Gray, MA, PhD (Cantab); St John’s College; Professor of International Law. International Law. (email@example.com) KJ Gray, MA, PhD, LLD (Cantab), DCL (Oxon), FBA; Barrister (Middle Temple); Trinity College; Professor of Law Emeritus. Property law. Comparative law. Legal theory. Human rights. Environmental law. PA Harris, LLM, PhD (Cantab), LLB (Hons) (UQ); Churchill College; Reader in Tax Law; Director of the Centre for Tax Law. Tax law. (firstname.lastname@example.org) Property, especially
Sir Bob Hepple, QC, FBA, BA, LLB, Hon LLD (Wits), MA, LLD (Cantab), Hon LLD (UCL), Hon LLD (Cape Town), Hon Dr Giur (Bari); Barrister and Bencher (Gray’s Inn); Emeritus Master of Clare College; Emeritus Professor of Law (1973). Obligations. Labour law. Discrimination law. European social law and comparative law. Bioethics. (email@example.com) A Hinarejos, BA (Hons), MPhil (Valencia), BA (Hons) (UNED), MJur, MPhil, DPhil (Oxon); Downing College; University Lecturer. EU law. Constitutional law. Comparative law. International law. (firstname.lastname@example.org) JA Hopkins, MA, LLB (Cantab); Barrister (Gray’s Inn), Honorary Bencher (Middle Temple); Downing College; Retired University Lecturer. Constitutional law. Equity. Public international law. Roman law. KE Hughes, LLB (Durham), BVC, LLM (Northumbria), PhD (Cantab); Clare College; Turpin-Lipstein Fellow; College Lecturer. Civil liberties and human rights. Constitutional law. Tort. (email@example.com) DJ Ibbetson, MA, PhD (Cantab); Corpus Christi College; Regius Professor of Civil Law; Chair of the Faculty. English and European legal history. Roman law. Law of obligations. (firstname.lastname@example.org) GH Jones, QC, LLB, PhD (Lond), MA, LLD (Cantab), FBA; Barrister and Honorary Bencher (Lincoln’s Inn); Trinity College; Downing Professor of the Laws of England Emeritus. Restitution. Trusts. Equity. Legal history. Contract law. (email@example.com) NG Jones, MA, LLM, PhD (Cantab); Magdalene College; University Senior Lecturer. English legal history, especially equity, conveyancing, and the feudal revenue in the early modern period. (firstname.lastname@example.org) JA Kirshner, BA (Harvard), MS, JD (Columbia); Peterhouse; University Lecturer; Deputy Director of the LLM; Assistant Director, 3CL. Corporate law. Insolvency law. Corporate governance law. (email@example.com) MH Kramer, BA (Cornell); JD (Harv); PhD, LLD (Cantab); Churchill College; Professor of Legal and Political Philosophy; Director of Cambridge Forum for Legal and Political Philosophy. (firstname.lastname@example.org) Sir Elihu Lauterpacht, CBE, QC, MA, LLD (Cantab); Barrister and Bencher (Gray's Inn); Trinity College; Emeritus Director of the Lauterpacht Centre for International Law and Honorary Professor of International Law. International Law. (email@example.com) KM Liddell, DPhil (Oxon), LLB (Hons), BSc (Melb), MBioeth (Monash); Downing College; University Senior Lecturer. Intellectual property law. Biotechnology and bio-information. Medical law. Bioethics. (firstname.lastname@example.org) PHT MacMahon, BA, BCL, MPhil (Oxon), JD (Harvard); Wolfson College; College Teaching Officer. Contract Law, Procedure, Judiciaries (email@example.com) NJ McBride, BA, BCL (Oxon); Pembroke College; College Lecturer. Tort. Contract law. Equity. Restitution. Criminal law. (firstname.lastname@example.org) JAG McComish, BA (Hons), LLB (Hons) (Melb); Selwyn College; Affiliated Lecturer; Slaughter and May Teaching Fellow in Law. Conflict of laws. Equity. (email@example.com) Philosophy of law. Political philosophy.
RA Melikan, BA (Mich), JD, MA (Chi), PhD (Cantab); Attorney (Illinois); St Catharine’s College; College Lecturer. English legal and constitutional history, especially legal-political developments of the eighteenth and nineteenth centuries. (firstname.lastname@example.org) LA Merrett, MA (Cantab); Barrister; Trinity College; University Senior Lecturer. Commercial law. Conflict of laws. International Commercial Litigation. Contract law. (email@example.com) JK Miles, LLB (Nott), LLM (Cantab); Trinity College; University Senior Lecturer. Family law. Criminal Law. Human rights law. (firstname.lastname@example.org) SFC Milsom, QC, FBA, MA (Cantab), Hon. LLD (Glasgow, Chicago, Cambridge); Barrister and Honorary Bencher (Lincoln’s Inn); St John’s College; Professor of Law Emeritus. English legal history. RJC Munday, MA, PhD (Cantab); Bencher (Lincoln’s Inn); Peterhouse; Reader in Law. Commercial law, especially agency. obligations. (email@example.com) E Nanopoulos, BA (Strasbourg), LLM (Cantab); Sidney Sussex College; Bye-Fellow. Constitutional law. (firstname.lastname@example.org) RC Nolan, MA, (Cantab); Barrister (Middle Temple); St John’s College; Reader. Trusts. Corporate law. Insolvency. Commercial aspects of fiduciary duties. Restitution. Securities regulation. Jurisprudence. (email@example.com) SMH Nouwen, LLB, LLM (Utrecht), MPhil, PhD (Cantab); Pembroke College; University Lecturer. International law. (firstname.lastname@example.org) O Odudu, MA (Cantab), MA (Keele), DPhil (Oxon); Emmanuel College; Herchel Smith Lecturer and Fellow in Law. Competition law. EU law. (email@example.com) RM O’Keefe, BA, LLB (Hons) (Syd), LLM, PhD (Cantab); Magdalene College; University Senior Lecturer. and the relationship between international and domestic law. (firstname.lastname@example.org) MPC Oldham, MA, PhD (Cantab); Jesus College; University Lecturer; Examinations Secretary. Family law. Law of property. Criminal law. Comparative law. (email@example.com) JA O’Sullivan, MA, PhD (Cantab); Selwyn College; University Senior Lecturer. Contract and tort, especially remedies and professional negligence. (firstname.lastname@example.org) Sir Derek Oulton, GCB, QC, MA, PhD (Cantab); Retired Bencher (Gray’s Inn); Magdalene College; Life Fellow. Public law: judicial review of government decisions; other forms of control of such decisions. (email@example.com) NM Padfield, MA (Oxon), Dip. Crim. (Cantab), DES (Aix-Marseille); Barrister (Middle Temple); Recorder; Fitzwilliam College; University Senior Lecturer. Criminal law and justice. Criminal procedure and evidence. Sentencing and prison law. English legal system. Constitutional law. (firstname.lastname@example.org) Public EU law. International law. Criminal justice. Evidence and procedure.
Comparative legal research: adjudication; procedure;
international law, especially international criminal law, international cultural heritage law, the laws of armed conflict,
S Palmer, LLB (Adel), LLM, SJD (Harv); Barrister (Middle Temple); Girton College; University Senior Lecturer; Assistant Director of the Centre for Public Law; Secretary to the Degree Committee. Constitutional and administrative law. Civil liberties and human rights. Women and the law. (email@example.com) A Perreau-Saussine, MA, PhD (Cantab); Barrister (Inner Temple); Queens’ College; University Lecturer. Philosophy of law. History and theory of international law and of public law. Public international law. Constitutional and administrative law. (firstname.lastname@example.org) PJ Rogerson, MA, PhD (Cantab); Solicitor; Gonville & Caius College; University Senior Lecturer. Conflict of laws: property; contract; tort; jurisdiction and judgments; public policy. Company law: shareholders’ rights and interests. (email@example.com) NC Roughan, BA, LLB (Auck), LLM (VUW), LLM, JSD (Yale); Temporary University Lecturer. Constitutional law. International law. (firstname.lastname@example.org) S Rowan, LLB (Lond), Maîtrise (Paris I), LLM, PhD (Cantab); Solicitor; Queens’ College; Fellow in Law. Contract law. Tort law. European law. Comparative law. French law. (email@example.com) JM Scherpe, MJur (Oxon), PhD (Hamburg); MA (Cantab); Gonville & Caius College; University Senior Lecturer. Family Law. Comparative Law. Law of Tort. Conflict of Laws. (firstname.lastname@example.org) A Scolnicov, LLB (Hebrew University), LLM (Harvard), PhD (LSE); Member of the Israel Bar; Lucy Cavendish College; College Lecturer; Deputy Director of the Centre for Public Law. Constitutional law. International law. Human rights law. LS Sealy, MA, LLM (New Zealand), PhD (Cantab); Barrister (New Zealand); Gonville & Caius College; SJ Berwin Professor of Corporate Law Emeritus. (email@example.com) CA Seville, BMus (Lond), MA, LLM, PhD (Cantab); Newnham College; University Senior Lecturer. Intellectual property. European Union law. (firstname.lastname@example.org) JK Seymour, BA, LLB (Qld), MA, DPhil (Oxon); Solicitor (New South Wales); Sidney Sussex College; College Lecturer. International law. Law of tort. Settlement of international disputes. (email@example.com) EVE Sharpston, QC, MA (Cantab); LLD (h.c.) (Glasgow); Bencher (Middle Temple); Yorke Distinguished Visiting Fellow; Advocate General at the Court of Justice of the European Union. European Union law. European Convention on Human Rights. Comparative law. (firstname.lastname@example.org) NE Simmonds, MA, LLB, PhD (Cantab); Corpus Christi College; Reader in Jurisprudence. Philosophy of law. BD Sloan, MA, LLM, PhD (Cantab); King’s College; Bob Alexander College Lecturer. Comparative law. (email@example.com) JR Spencer QC (honoris causa), MA, LLB, LLD (Cantab); Selwyn College; Professor of Law; Co-Director of the Centre for European Legal Studies. Criminal procedure and evidence. Tort. Criminal law. (firstname.lastname@example.org) Family law. Property law. Company law. Insolvency. Commercial law: sale of goods. Jurisprudence.
BJ Stapleton, BSc (UNSW), PhD (Adel), LLB (ANU), DPhil, DCL (Oxon); FASSA; Hon Bencher (Gray’s Inn); Joint Arthur Goodhart Visiting Professor of Legal Science. Law of obligations. Comparative law. (email@example.com) FGF Stark, LLB (Hons), LLM (Aberd); Temporary University Lecturer. Criminal law. RE Thornton, MA, PhD (Cantab); Emmanuel College; University Lecturer. Landlord and tenant and housing law. Law of trusts. Women and the law. (firstname.lastname@example.org) J Tiley CBE, QC (Hon), LLD, MA (Cantab), BCL (Oxon), FBA; Barrister and Honorary Bencher (Inner Temple); Queens’ College; Professor of the Law of Taxation Emeritus; Assistant Director of the Centre for Tax Law. Law of taxation. (email@example.com) JM Tiley, MA (Oxon), MA (Cantab); Barrister (Middle Temple); Lucy Cavendish College; College Fellow. Roman/Civil law. (firstname.lastname@example.org) S Tofaris, MA, PhD (Cantab); Barrister (Inner Temple); Girton College; College Lecturer. Contract law. Legal history. (email@example.com) KN Trapp, BA, LLB, BCL (McGill), LLM, PhD (Cantab); Newnham College; College Lecturer. Constitutional Law. (firstname.lastname@example.org) S Turenne, MA (Cantab), PhD (Paris II); Murray Edwards College; College Lecturer. Comparative law. European law. Public law. (email@example.com) PG Turner, BSc, LLB (Hons) (Syd), PhD (Cantab); St Catharine’s College; Baker-Fellingham College Lecturer. Equity and Trusts. Property. Contract. Commercial law. Statute. Legal formality. (firstname.lastname@example.org) CC Turpin, BA, LLB (Cape Town), MA, LLB (Cantab); Advocate (South Africa); Clare College; Reader in Public Law Emeritus. Constitutional and administrative law. GJ Virgo, MA (Cantab), BCL (Oxon); Bencher (Lincoln’s Inn); Downing College; Professor of English Private Law. Criminal law. Restitution. Contract. Equity. (email@example.com) M Waibel, Mag iur (Vienna), MSc (LSE), LLM (Harvard), Dr iur (Vienna). International finance. EU law. (firstname.lastname@example.org) EJL Waring, PhD (Cantab), LLM (Harvard), MA (Cantab); St John's College; College Teaching Officer, Newton Trust Lecturer. Land law. Public and constitutional law. Criminal law. (email@example.com) JA Weir, MA (Cantab), MCL (Tulane); Trinity College; Reader in Law Emeritus. (firstname.lastname@example.org) RL Williams, LLB, LLM, PhD (Wales); Homerton College; College Lecturer. Contract. Tort. (email@example.com) Company law. Law and economics. University Lecturer. International law. International law. Roman law. Tort law.
S Worthington, QC (Hon), BSc (ANU), LLB (Qld), LLM (Melb), PhD (Cantab), FBA, FRSA; Barrister (Middle Temple and Gray’s Inn), Bencher (Middle Temple); Downing Professor of the Laws of England. Commercial and corporate law, especially commercial equity, personal property, secured financing and corporate governance. (firstname.lastname@example.org) AD Yates, MA (Oxon et. Cantab); FRSA; Solicitor; Warden, Robinson College. Contract law. Commercial law. Equity and trusts. Land law. International trade and sales. (email@example.com)
Teaching Staff of the Institute of Criminology
Sir Anthony Bottoms, MA (Oxon), Dip Crim, MA (Cantab), PhD, Hon. LLD (Sheffield), Hon. LLD (Belfast), FBA; Fitzwilliam College; Wolfson Professor of Criminology Emeritus. (firstname.lastname@example.org) MP Eisner, Dr Phil; Professor in Historical and Developmental Criminology; Deputy Director of the Institute of Criminology. Theory of violence. Historical criminology. Developmental causes of crime. Violence prevention. (email@example.com) DP Farrington, MA, PhD (Cantab), OBE, FBA, F Med Sci; Professor of Psychological Criminology Emeritus; Director of Research. Causes and prevention of crime. The development of offending and anti-social behaviour from childhood to adulthood. LR Gelsthorpe, BA (Hons) (Sussex), MPhil, PhD (Cantab); Pembroke College; Professor of Criminology and Criminal Justice. Post-war criminological theory, women and criminal justice, youth justice issues; black and ethnic minorities in the criminal justice system; feminist perspectives in criminology; fairness, discrimination and justice; community penalties; qualitative research methods; contemporary social theory and criminology; social exclusion, crime and justice, psychoanalytic dimensions of criminal justice policy. (firstname.lastname@example.org) AT Grounds, B Med Sci, DM (Nottingham), FRC Psych; Darwin College; Honorary Research Fellow. Services and legal provisions for mentally disordered offenders. Effects of miscarriages of justice. (email@example.com) A Liebling, BA (York), MA (Hull), PhD (Cantab); Clare Hall; Professor of Criminology and Criminal Justice, Director Prisons Research Centre. (firstname.lastname@example.org) F Lösel, Director of the Institute of Criminology. (email@example.com) K Müller-Johnson, Dipl.Psych. (Berlin), MSt (Oxon), PhD (Cornell); Lecturer in Applied Criminology. witnesses. Eye-witness psychology. Victimology. Legal decision making. (firstname.lastname@example.org) LW Sherman, MA (Chicago), Dip Crim (Cantab), PhD (Yale), Hon MA (Pennsylvania), FRSA; Wolfson Professor of Criminology. Experimental and Theoretical Criminology. Violence prevention. Policing. Restorative justice. (email@example.com) A von Hirsch, LLB (Harv), LLD (Cantab), LLD (Hon.) (Uppsala); Honorary Professor of Penal Theory and Penal Law Emeritus; Director of the Centre for Penal Theory and Penal Ethics; Honorary Fellow of Wolfson College; Honorary Professor, Goethe University. Criminal law. Philosophy of criminal law. Sentencing theory and policy. Ethics and penal policy. (firstname.lastname@example.org) P-O Wikström, BA, PhD, Docent (Stockholm); Girton College; Professor of Ecological and Developmental Criminology; Director of the Pathways in Crime Centre and the Peterborough Adolescent and Young Adult Development Study (PADS+). Causes of crime. (email@example.com) Address of the Institute: Sidgwick Avenue, Cambridge CB3 9DT. Tel: 01223 335360. Fax: 01223 335356. E-mail: firstname.lastname@example.org. Website: http://www.crim.cam.ac.uk Vulnerable Criminology. Clinical psychology. Psychology and law. Desistance and compliance. Legitimacy.
Law Teachers in the Department of Land Economy
MJ Dixon, MA (Oxon), PhD (Cantab); Queens’ College; Reader in the Law of Real Property. Land law: co-ownership. Mortgages. Estoppel. Land registration. International law: use of force; sources of law; relationship with municipal law, law of the United Nations. (email@example.com) DR Howarth, MA (Cantab), LLM, MPhil (Yale); Clare College; Reader. Tort law. Contract law. Environmental law. Comparative law. Economic analysis of law. Jurisprudence. (firstname.lastname@example.org) CP MacKenzie, MA (Oxon), MEd (Sydney), PhD (ANU), Barrister (England and Australia); Selwyn College; University Lecturer. International law. International environmental law. Tort. (email@example.com) PG McHugh, LLB (Vict), LLM (Sask), PhD (Cantab); Sidney Sussex College; Reader. Colonial constitutional law and history: aboriginal peoples’ rights. (firstname.lastname@example.org) Constitutional theory and the history of constitutional discourse. Land law.
Address of the Department: 19 Silver Street, Cambridge CB3 9EP. Tel: 01223 337147. Fax: 01223 337130. Website: http://www.landecon.cam.ac.uk
Law Fellows of Colleges
This list includes Emeritus Fellows and Bye-Fellows, but not the numerous Fellows and Honorary Fellows distinguished in the practice of the Law who are not active members of the Faculty. See the preceding alphabetical lists for further information about teaching members. EmF denotes an Emeritus Fellow HonF denotes an Honorary Fellow ResF denotes a Research Fellow Christ’s College. Dr J Edwards; Ms S Steele. Churchill College. Dr PA Harris; Professor MH Kramer. Clare College. Professor NH Andrews; Professor Sir Bob Hepple, QC; Mr DR Howarth; Dr KE Hughes; Mr CC Turpin. Clare Hall. Professor A Liebling. Corpus Christi College. Professor P Cane; Professor DJ Ibbetson; Dr NE Simmonds. Darwin College. Dr AT Grounds; Professor DJ West (EmF). Downing College. Professor DJ Feldman; Ms A Goymour; Mr C Harpum (EmF); Dr A Hinarejos; Mr JA Hopkins; Dr KM Liddell; Professor GJ Virgo. Emmanuel College. Professor L Bently; Dr O Odudu; Dr RE Thornton. Fitzwilliam College. Professor Sir Anthony Bottoms; Professor RJA Hooley; Mrs NM Padfield. Girton College. Dr A Albors-Llorens; Mrs CA Hopkins; Ms K Lee; Dr S Palmer; Dr S Tofaris. Gonville and Caius College. Mr PS Davies; Dr JD Ford; Mr MJ Prichard; Dr PJ Rogerson; Dr JM Scherpe; Professor LS Sealy. Homerton College. Dr R Williams. Hughes Hall. Mr KJA McVeigh; Professor M Weller. Jesus College. Mr SJ Barton; Professor JR Crawford; Mr PR Glazebrook; Dr MPC Oldham; Dr BAK Rider. King’s College. Dr B Sloan. Lucy Cavendish College. Dr A Scolnicov; Mrs JM Tiley. Magdalene College. Professor WR Cornish; Dr A du Bois-Pedain; Dr NG Jones; His Hon. CF Kolbert (EmF); Dr RM O’Keefe; Sir Derek Oulton; Mr AD Rawley.
Murray Edwards College. Mr S Steele; Dr S Turenne. Newnham College. Dr CA Seville; Dr KN Trapp. Pembroke College. Professor TRS Allan; Professor JS Bell; Professor LR Gelsthorpe; Mr NJ McBride. Peterhouse. Professor SF Deakin; Ms JA Kirshner; Dr RJC Munday. Queens’ College. Dr JWF Allison; Mr SN Bridge; Dr MJ Dixon; Professor RG Fentiman; Dr A Perreau-Saussine; Dr S Rowan, Professor PG Stein, (EmF); Professor J Tiley. Robinson College. Dr IJ Alexander; Professor CF Forsyth; Dr MW Gehring; Mr AD Yates. St Catharine’s College. Professor Sir John Baker; Dr MC Elliott; Professor EV Ferran; Dr R Melikan; Dr PG Turner. St Edmund’s College. Dr S Butler. St John’s College. Professor MA Clarke; Dr DM Fox; Professor CD Gray; Professor SFC Milsom; Mr RC Nolan; Professor BJ Stapleton; Dr E Waring. Selwyn College. Dr C MacKenzie; Mr JAG McComish; Dr JA O’Sullivan; Professor JR Spencer. Sidney Sussex College. Professor AA Dashwood; Dr PG McHugh; Ms E Nanopoulos; Dr JK Seymour. Trinity College. Professor PJ Allott; Professor CS Barnard; Dr M Dyson; Professor KJ Gray; Professor JA Jolowicz; Professor GH Jones; Professor Sir Elihu Lauterpacht; Ms LA Merrett; Ms JK Miles; Mr JA Weir. Trinity Hall. Dr LA Bartels; Professor BR Cheffins; Mr JG Collier; Dr MDJ Conaglen; Mr DW Fleming; Ms K van Zwieten. Wolfson College. Professor HK Bevan; Sir Lawrence Collins; Dr JS Davis; Ms P Hyndman; Dr PHT MacMahon;.
First published 1999 (Revised 2011) Faculty of Law, University of Cambridge, 10 West Road, Cambridge CB3 9DZ Tel: 01223 330033. Fax: 01223 330055. E-mail: email@example.com. Website: http://www.law.cam.ac.uk