LAW5478 · Strategic and public interest litigation

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

Assessment

The Handbook does not list a final examination among the assessment items. That is not a guarantee there is none.

Assessment details may change. Please refer to the assessment information in Moodle closer to the start of the teaching period.

Requisites

The Handbook lists no prerequisite, corequisite or prohibition for this unit.

Learning outcomes

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

Minimum total expected workload to achieve the learning outcomes for this unit typically comprises of a mixture of scheduled learning activities and independent study applicable to a 6 credit point unit. Learning activities may include a combination of teacher directed learning, peer directed learning, and online engagement.

Student experience, not official rules. Nothing here changes what the Handbook says.