LAW5478 Strategic and public interest litigation
Faculty of Law
LAW5478 Strategic and public interest litigation is a level 5, 6-credit-point, postgraduate unit from the Faculty of Law, offered in 2021 in Semester 1 at Monash Law Chambers. It needs LAW5000.
- Credit points
- 6
- Offered in 2021
- Semester 1
- Monash Law Chambers
- Assessment
- Exam 20%
- and 2 other tasks
This is the 2021 handbook entry. See the 2027 entry.
Reviews
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Requisites
Before LAW5478
Prerequisites
Pass these before you enrol.
After LAW5478
No unit lists LAW5478 as a prerequisite in the 2021 handbook.
Enrolment rules
For students enrolled in the Juris Doctor, the achievement of at least 72 credit points, including LAW5000, LAW5001, LAW5002, LAW5003, LAW5004, LAW5005, LAW5006, LAW5007, LAW5008, and LAW5010.
Overview
The Unit will first of all instruct students in the core concepts of strategic and public interest litigation (SPIL). This includes:
- trias politica, and the difference in views on the role of courts versus government and statute in deciding societal issues;
- the key legal mechanisms needed to understand SPIL such as the core concepts of ‘conflict of laws’: jurisdiction, applicable law and enforcement;
- an understanding of the many potential for a to which SPIL may be taken: individuals v corporations in the ordinary State courts; individuals v States in the ordinary State courts; State v State litigation, investor-State litigation (and access for non-corporate parties in same); alternative dispute resolution (ADR, including arbitration)
Having delivered the core background understanding, the unit will then thoroughly review key sectors in SPIL using case-law in topical areas across jurisdictions. Examples are climate change; human rights; mass tort claims (for instance: following environmental disaster or consumer class actions); and investor (shareholder) suits).
Offerings in 2021
| Teaching period | Campus | Mode |
|---|---|---|
| First semester | Monash Law Chambers | On campus |
Assessment
- Research essayResearch assignment60%
- Take-home examTake home exam20%
- Mini MootOther20%
Learning outcomes
When you finish this unit, you should be able to:
- 1
Demonstrate understanding of the jurisprudence context to strategic litigation by identifying and articulating different views that exist, including across jurisdictions, on the role of courts in settling societal discussions.
- 2
Identify and explain the various levels of governance and regulation of strategic litigation, from local by-laws via State and federal legislation, up to international law and the role other States’ laws may play in local litigation.
- 3
Demonstrate understanding of the legal technicalities that underpin strategic litigation, including the civil procedure aspects of same.
- 4
Apply strategic thinking, including at the level of forum shopping, to analysing the design of a strategic lawsuit.
- 5
Engage effectively in both oral and written form with the practising legal profession on aforesaid overall principles and technical detail.
- 6
Critically analyse the impact that the enforcement of laws has on the very design of these laws.
- 7
Compare and interpret the different approaches taken to a legal issue across various jurisdictions.
- 8
Make use of effective verbal communication to persuasively express insights on law issues in an adversarial setting.
Workload and teaching
- Seminars24 hours
- Teaching approachActive learning
Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering.
Learning resources
Required resources
See the Moodle unit page for prescribed and recommended resources. Prescribed texts are usually available for purchase through the University Bookstore and are sometimes available for short-term loan or as eBooks through the library.
Where it fits
LAW5478 is part of 4 areas of study in the 2021 handbook.
- COMCRPLW02Extending specialist knowledge electivesCommercial and corporate lawNo reviews yet
- DISRESLN04Extending specialist knowledge electivesDispute resolutionNo reviews yet
- GLBSOCHR02Extending specialist knowledge electivesGlobal society and human rightsNo reviews yet
- TRANSECR02Extending specialist knowledge electivesTransnational economic regulationNo reviews yet
Contacts
- Chief Examiners
- Professor Geert Van Calster
Common questions
What are the prerequisites for LAW5478?
You need LAW5000 before you enrol. Enrolment rules also apply.
When is LAW5478 offered?
In 2021, LAW5478 runs in Semester 1 at Monash Law Chambers.
Does LAW5478 have an exam?
Yes. The exam is worth 20% of the final mark, alongside 2 other tasks.
Which majors and minors include LAW5478?
LAW5478 is part of Commercial and corporate law; Dispute resolution; Global society and human rights; and Transnational economic regulation.