Contents - Faculty of Law - University of Cambridge

law.cam.ac.uk

Contents - Faculty of Law - University of Cambridge

ContentsGeneral InformationOfficers of the Faculty of Law 2010-2011 …………………………………… 4Faculty Administration …….…………………………………………………... 5The University of Cambridge …………………………………………………. 6The Colleges …………………………………………………………………… 6The Faculty of Law …………………………………………………………….. 7Courses and Degrees in Law ……………………………………..…………. 8The Squire Law Library ……………………………………………..………… 9The Freshfields Legal Research Skills Course …………………………….. 12Computer Facilities ……………………………………………………………. 12The Institute of Criminology ………………………………………………….. 14The Lauterpacht Centre for International Law (LCIL)……………….……… 15The Centre for Intellectual Property and Information Law (CIPIL) ……….. 15The Centre for European Legal Studies (CELS)………………..………….. 16The Centre for Tax Law (CTL)………………………………………………… 16The Centre for Corporate and Commercial Law (3CL)…………………….. 17The Centre for Public Law (CPL)…………………………………………….. 17The Centre for Business Research (CBR)………………………………….. 18The Cambridge Forum for Legal and Political Philosophy (CFLPP) …….. 18The Cambridge Socio-Legal Group …………………………………………. 19Continuing Education in Law ……………………………………………….… 19Publications …………………………………………………………………….. 20Societies ………………………………………………………………..………. 21Directors of Studies …………………………………………………………… 23College Addresses …………………………………………………………….. 24Dates of Faculty Meetings ……………………………………………………. 25Term Dates …………………………………………………………………….. 25Health and Safety ……………………………………………………………… 26Hardship Grants from the Squire Fund …………………………………..…. 27Funding Opportunities ………………………………………………………… 27Faculty Communication ….……………………………………………………. 29Law TriposChoice of subjects …………………………………………………………….. 30Use of Statutes and other Materials in Examinations ……………………… 32Prizes …………………………………………………………………..……….. 33Transferable Skills ………………………………………………………..…… 33Syllabuses and Lists of Recommended Reading ………………………….. 34Civil Law I (1) ………………………………………………………..…….. 34Constitutional Law (2) ………………………………………………..…… 34Criminal Law (3) ………………………………………………………..…. 37Law of Tort (4) …………………………………………………………….. 38Law of Contract (10) ……………………………………………….…….. 39Land Law (11) ……………………………………………………….……. 40International Law (12) ……………………………………………….…… 422


Civil Law II (13) ……………………………………………………….…… 43Administrative Law (20) ………………………………………………….. 44Family Law (21) ………………………………………………………..….. 45Legal History (22) …………………………………………………………. 46Criminology Sentencing and the Penal System (23) …………………… 48Equity (24) ………………………………………………………….……… 49Criminal Procedure and Criminal Evidence (25) ………………….…… 51European Union Law (26) …………………………………………….….. 52Commercial Law (40) ………………………………………………….…. 53Labour Law (41) …………………………………………………………… 54Intellectual Property (42) …………………………………………………. 55Company Law (43) …………………………………………………….…. 55Aspects of Obligations (44) ……………………………………………… 57Conflict of Laws (45) ……………………………………………………… 57Comparative Law (46) ……………………………………………………. 58Jurisprudence (47) ……………………………………………………….. 60Civil Procedure (Half-Paper) …………………………………………….. 61Competition Law (Half-Paper) .………………………………………….. 61Law and Legal Change in the Tudor Period (Half-Paper) ……………. 63Landlord and Tenant Law (Half-Paper) ………………………………… 64Media Law (Half-Paper) ………………………………………………….. 65European Human Rights Law (Half-Paper) …………………………….. 66Law of Taxation (Half-Paper) ……………………………………….……. 67Historical Foundations of the British Constitution (Half-Paper) ………. 68Personal Property (Half-Paper) …………………………………………… 68Exemption from Professional Examinations in England and Wales ……… 71Master of Law (LLM)The LLM Course …………………………………………………………….…. 72Applications …………………………………………………………….………. 72The LLM Examination …………………………………………………..…….. 73Prescribed Subjects for 2010-2011 ……………………………………….…. 74Form and Designation of LLM Papers 2010-2011……………………….…. 75Prizes ………………………………………………………………………..….. 77Syllabuses and Lists of Recommended Reading for the LLM ……………. 79International Commercial Tax (2) ………….……………………….….… 79International Commercial Litigation (3) …………………………………. 80Law of Restitution (4) …………………..………………………………… 81Corporate Governance (10) ……………………………………………… 83Criminal Justice – Players and Processes (11) ……………………… 85Intellectual Property (12) …………..…………………………………….. 85Contemporary Issues in the Law of European Integration (13) …….. 86Competition Law (14) ……………………………………………….……. 87International Environmental Law (15) …………………………………. 88EU Trade Law (17) ………………………………………………………... 89External Relations Law of the European Union (18) …………………... 91Law of Armed Conflict, Use of Force and Peacekeeping (20) ………. 913


Settlement of International Disputes (21) ………………………………. 93The Law of the World Trade Organization (23) ………………………… 95International Criminal Law (24) …………………………………………. 97International Human Rights Law (25) …..……………………………….. 98Civil Liberties and Human Rights (26) ………………………………..….. 99History and Philosophy of International Law (29) ………………………. 100Jurisprudence (30) ……………………………………………….………….. 101Topics in Legal and Political Theory (31) ………………………………… 102Commercial Equity (32) …………………………………………………….. 105Comparative Family Law and Policy (33) ………………………………… 107Philosophy of Criminal Law (34) ………………………………………… 108History of English Civil and Criminal Law (35) ………………………… 110International Intellectual Property Law (36) ……………………………. 110Seminar Courses (38) ……………………………………………………. 111Postgraduate Courses and DegreesResidence Requirements …………………………………………………….. 112Courses of Research in Law• Diploma in Legal Studies andDiploma in International Law ……………………………….…….. 113• Master of Letters ……………………………………………….….. 114• Doctor of Philosophy …………………………………………..….. 114• Certificate of Postgraduate Study in Legal Studies ………..…… 114Degrees Awarded for Published Work• Doctor of Philosophy under Special Regulations ……..………… 116• Doctor of Law ………………………………………………..……… 116Teaching MembersFaculty of Law …………………………………………………………..…..…… 117Institute of Criminology ……………………………………………………..….. 124Department of Land Economy ………………………………………..……….. 125Law Fellows of Colleges ……………………..……………………………..….. 1264


Officers of the Faculty of Law 2010-2011Chair of the Faculty Board (and of the Faculty):Professor David Ibbetson, Corpus Christi CollegeEmail: dji22@cam.ac.ukDeputy Chair of the Faculty Board (and of the Faculty):Professor Christine Gray, St John’s CollegeEmail: cdg22@cam.ac.ukAcademic Secretary of the Faculty:Mr Jacob Rowbottom, King’s CollegeEmail: jhr35@cam.ac.ukSecretary of the Faculty Board:Miss Laura Smethurst, Faculty of LawEmail: lcs38@cam.ac.ukChair of the Degree Committee:Mr Richard Fentiman, Queens’ CollegeEmail: rgf1000@cam.ac.ukSecretary of the Degree Committee:Dr Antje du Bois-Pedain, Magdalene CollegeEmail: alp22@cam.ac.ukDirector of the LLM Course:Professor Catherine Barnard, Trinity CollegeEmail: csb24@cam.ac.ukDeputy Director of the LLM Course:Mr Zachary Douglas, Jesus CollegeEmail: zd203@cam.ac.ukAssistant Directors of the LLM Course:Mr Brian Sloan, King’s CollegeEmail: bds26@cam.ac.ukDr Kimberley Trapp, Newnham CollegeEmail: knt22@cam.ac.ukExaminations Secretary:Dr Lorand Bartels, Trinity HallEmail: lab53@cam.ac.ukAccess Officer:Dr Rosy Thornton, Emmanuel CollegeEmail: rt104@cam.ac.uk5


Faculty AdministrationFaculty Office:Miss Laura SmethurstMiss Julie BoucherMrs Alison HirstMrs Sally LanhamMrs Sarah SmithMiss Suzanne WadeAssistant Registrary/Secretary of the Faculty BoardEmail: lcs38@cam.ac.ukChief SecretaryEmail: jb234@cam.ac.ukDegree Committee AdministratorExternal Relations AdministratorEmail: ash26@cam.ac.ukSecretary to the Chair of the Faculty Board andSecretary to the Academic Secretary of the FacultyEmail: sal41@cam.ac.ukSecretary to the Goodhart Professor of Legal Scienceand Secretary to the Access OfficerEmail: sr309@cam.ac.ukLLM AdministratorExaminations AdministratorEmail: shw27@cam.ac.ukReception Staff:Mr Graeme ElliottMrs Norma WeirFaculty OfficeEmail: ge227@cam.ac.ukFaculty BuildingEmail: nmw20@cam.ac.ukAccounts and Research Grants:Mrs Elizabeth Aitken Accounts ManagerEmail: eaa30@cam.ac.ukMiss Rosie Snajdr Research Grants AdministratorEmail: rs364@cam.ac.ukCentre for Corporate and Commercial Law:Miss Felicity Eves SecretaryEmail: fre20@cam.ac.ukCentre for European Legal Studies:Mrs Susanne Graepel SecretaryEmail: sg538@cam.ac.ukCentre for Public Law:Miss Felicity EvesSecretaryEmail: fre20@cam.ac.ukCentre for Intellectual Property and Information Law:Mrs Carol Hosmer SecretaryEmail: cah1000@cam.ac.ukCentre for Tax Law:Mrs Sarah SmithCustodians:Mr David NewtonMr John SeymourSecretaryEmail: sr309@cam.ac.ukEvenings and weekendsChief Custodian6


The University of CambridgeThe University of Cambridge, which came into existence in the thirteenth century, now has about 7,000 staff and anundergraduate population of about 11,800. It is also an international centre for advanced study and research, with over5,000 postgraduate students.It is governed by the Regent House, which consists of all teaching, research and academic related officers and acts as ademocratic legislature if a new measure is put to the vote. The administration is overseen by three ‘central bodies’: theCouncil, the General Board of the Faculties, and the Resource Management Committee. The principal administrativeofficer 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 maintainingthe principal libraries, laboratories and museums. It is also an employer: most (but not all) of the academic staff areemployed 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 befound in Statutes and Ordinances of the University of Cambridge 2009. Changes made during the year are published inthe weekly Cambridge University Reporter.The Cambridge University Guide to Courses 2010-2011 provides a summary of the regulations and of the coursesoffered throughout the University.The CollegesThe University is also a federation of independent self-governing colleges. The 31 colleges (which range in date offoundation from 1284 to 1977) are charitable corporations, each separately governed by a head and a variable number offellows. Most University teaching officers are, at the same time, fellows of colleges, and those in the Arts, Humanitiesand Social Sciences (including law) often work primarily from their college rooms. The colleges augment the University’steaching strength by employing in addition their own teaching officers; those who are paid primarily by a college areknown 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, thecolleges have considerable control over the admission of students. The colleges are responsible for the welfare andacademical progress of all those whom they admit. Each student has a Director of Studies and a Tutor. The Director ofStudies is responsible for setting an appropriate course of study, advising on methods of study, and (in the case of anundergraduate) arranging supervisions. The Tutor is responsible for helping with personal questions. Colleges alsoprovide 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 eachTripos 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 ofCambridge Graduate Studies Prospectus. A list of the Law Fellows of each college is given at p.126, below.7


The Faculty of LawLaw has been studied and taught in Cambridge since the thirteenth century, when the core subjects of legal study in allEuropean universities were Civil law (the law of ancient Rome) and the Canon law of the Church. Early graduates of theCambridge 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 principalcommentator on medieval English Canon law, William Lyndwood, was another graduate of the Faculty. The Faculty ofCanon Law was closed by King Henry VIII in 1535, but the Faculty received some compensation when the same kingappointed the first Regius Professor of Civil Law in about 1540. Academical legal learning was cosmopolitan; Cambridgedoctors of law practised in the ecclesiastical and admiralty courts, assisted the nation in foreign embassies, anddiscoursed on law, justice and government in philosophical and comparative terms. Here lay the roots of the Faculty’slong-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 ofEngland. Examinations in law for the BA Degree began in 1858, and the Faculty has grown steadily since then in sizeand 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 HerchelSmith (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 undertakingsconnected with the study of law; the Maitland Memorial Fund (1906), established in honour of F.W. Maitland, DowningProfessor and renowned legal historian, for the promotion of research and instruction in the history of law and of legallanguage and institutions; the Squire Scholarship Fund, received from the trustees of Miss Rebecca Flower Squire in1901 to provide scholarships and grants in law; the Wright Rogers bequest (1966), for scholarships and grants; theHersch Lauterpacht Fund (1967), for the study of international law; and a number of prize funds. Further generoussupport was provided in connection with the new building (below).There are at present 24 professors, 7 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 (especiallyEuropean), 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.117, below.At any one time around 6% of Cambridge undergraduates are reading law. The student body comprises about 700undergraduate 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 fourcurrent members of the International Court of Justice, two former judges of the European Court of Justice, and severalmembers 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 afocus for Faculty activities, such as formal meetings, informal gatherings, and moots. A new building for the Institute ofCriminology was operational for the first time during the 2004-2005 academical year.8


A great many people and organisations gave generously towards the cost of completing the building and therebyimproving its facilities and the library: among them Mr Peter Beckwith, Trinity and St John’s Colleges, Hambros BankLimited, the Cambridge partners of Linklaters & Paines, Slaughter and May, Herbert Smith, the Cambridge members ofEssex Court Chambers, the Cambridge members of Erskine Chambers, and the American Friends of CambridgeUniversity. Funding for new professorships has generously been provided by SJ Berwin and Co and by Dr HerchelSmith. 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 LawFive 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. Inorder to qualify for this degree, an undergraduate must pass two ‘Tripos’ examinations. (The word Tripos is derived fromthe three-legged stool used in former times at BA examinations.) These do not have to be in the same subject, and it istherefore possible to read a combination of two different subjects, taking them separately and in sequence; at presentabout 30 students every year change to law from other subjects. There are three Law Tripos examinations: Part IA, PartIB and Part II. Law IA and Law IB cannot be counted as two separate Tripos examinations to qualify for the BA. Law IAis 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 requiresthree years of residence (two in the case of Affiliated Students, i.e. graduates of another university). Each Tripos isassessed by a board of examiners, assisted by assessors, who between them arrange the successful candidates intothree classes, the second class being subdivided into upper and lower categories; a particularly good first class candidatemay be awarded a mark of distinction. Because of the nature of the Tripos system, there is no combined examinationresult 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 presentarrangement 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 optionspend four years studying for their BA in law rather than the usual three. It is not possible to apply at the outset for thisfour-year course as those students selected to participate in the scheme must first be assessed for their ability in law andproficiency in the language concerned or, in the case of Dutch, their willingness to learn it.Admission to the Faculty’s Double Maîtrise programme has been indefinitely suspended; current students can findinformation on the Double Maîtrise on the Faculty’s website at www.law.cam.ac.uk/courses/content-of-the-course.php.The undergraduate law course at Cambridge is intended to give a thorough grounding in the principles of law viewedfrom an academic rather than a vocational perspective. The emphasis is on principle and technique, reasoning andexplanation. 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 excellentbroad education for those who do not.For further details about Tripos courses, and admission to read for the BA Degree, see the University of CambridgeUndergraduate 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).9


The LLM Degree. This degree is awarded to successful candidates in the LLM examination which is taken at the end ofa one-year taught course. Students take four papers which are generally assessed by means of written examination orwritten examination and essay. One of the four papers may instead be taken by thesis. The examination is classed in asimilar way to the Tripos; a candidate of exceptional merit in English law and legal history may be awarded theChancellor’s Medal for English Law (founded by Prince Albert in 1855). The minimum entry requirement for the LLM isnormally a First Class degree in law from a UK University, or the equivalent from an overseas institution. (For furtherinformation see p.72, 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/admissions); and the Board of Graduate Studieswebsite (http://www.admin.cam.ac.uk/offices/gradstud/admissions). The closing date for applications for 2011 entry is 1December 2010.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 theDiploma in International Law, depending on the nature of the topic of research. Each candidate is assigned a supervisorby the Faculty’s Degree Committee and is required to keep at least three terms of residence before submitting forexamination a dissertation not exceeding 30,000 words in length inclusive of footnotes but exclusive of appendices andbibliography. There is no coursework or taught element, although students may attend lectures as recommended by theirsupervisor. The year of research leading to a Diploma may, in appropriate circumstances, be counted towards therequirements of a research degree. For further information, including details on the application procedure, see p.113below. It is not possible to undertake the Diploma in Legal Studies or the Diploma in International Law on a part-timebasis.Research degrees. The University offers two research degrees in Law: the MLitt or the PhD. Candidates areregistered, 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 ashort explanation of the proposed topic of PhD or MLitt research. The first-year progress review is normally assessed bytwo members of the Faculty of Law. An oral examination is held and, if candidates successfully complete therequirements of the Certificate and the first year progress review, they are retrospectively registered for either the MLitt orthe PhD. Candidates registered for the MLitt are required to submit, after two years of research, a dissertation notexceeding 60,000 words inclusive of footnotes but exclusive of appendices and bibliography. The candidate is alsorequired to attend an oral examination. Candidates registered for the PhD are required to submit, after three years ofresearch, a dissertation not exceeding 80,000 words exclusive of footnotes, appendices and bibliography but subject toan 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.114 below. It is not possible to undertake aresearch 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 tothe advancement of the science or study of law’, almost invariably in the form of published works and who meet theeligibility criteria for the degree. For further information, including details on the application procedure, seehttp://www.admin.cam.ac.uk/offices/gradstud/higher.The Squire Law LibraryThe 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 officially10


opened by Her Majesty the Queen on 8 March 1996, provides a stunning environment for a library and informationservice. There are many features including spacious reading areas with over 400 reader seats, extensive legalcollections, high quality computer facilities (including the Freshfields Legal IT Room) and the Maitland Legal HistoryRoom.The library maintains one of the largest legal collections (both printed and electronic) in the United Kingdom. It plays acentral role in supporting the research and teaching aims of the Cambridge Law Faculty and helps in sustaining theFaculty’s international reputation as a centre of excellence in legal studies. The Squire serves law undergraduatestudents 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 Kingdomand 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 coveredthough some of the material is more historical in nature. Traditionally the library also has strengths in Public and PrivateInternational 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 collectionsrelevant to law scholars. Cambridge University Library houses all UK government official publications as well as UnitedNations and European Union documentation. The Radzinowicz Library at the Institute of Criminology has one of the mostcomprehensive criminology collections in the world. In addition the Marshall Library of Economics, the Seeley HistoricalLibrary 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 ofelectronic 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 togetherwith word processing and printing facilities. The Squire’s web pages allow access and links to many useful services anddatabases 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 Universityidentification 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 libraryonly and borrowing is not permitted. Faculty members and PhD students have some special privileges and LLMstudents 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 someantiquarian books and early law reports, the Labour Law Collection (which is held in a dedicated store area) and manyold editions of prominent legal texts that are in the basement floors of the building.11


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 18.00Vacation: Monday to Friday: 09.00 to 19.00; Saturday: 09.00 to 13.00The 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 330071General Enquiries: Tel. 01223 330077. Fax 01223 330057.Chair, Law Library Sub-Syndicate: Professor John SpencerStaff of the Squire Law Library:Mr David WillsMr Peter ZawadaMrs Lesley DingleMiss Kay NaylorLibrarian(dfw1003@cam.ac.uk)Deputy Librarian(pjz10@cam.ac.uk)Foreign and International Law Librarian(lmd25@cam.ac.uk)Librarian’s Secretary and Senior Library Assistant (finance and acquisitions)(kmn21@cam.ac.uk)Mr Brian HumphreysSenior Library Assistant (Cataloguing)(bgh10@cam.ac.uk)Mrs Kathy WholleyMiss Hazel DeanMr Clive ArgentMr Tom PullmanMr David CoxMr Jeroen SmaersSenior Library Assistant (Serials)(kjw47@cam.ac.uk)Library Assistant (LLM Collection Supervisor and Reader Services)(had23@cam.ac.uk)Junior Library Assistant (Book Accessions)(cca21@cam.ac.uk)Junior Library Assistant (Book Accessions)(tjop2@cam.ac.uk)Invigilator – Evenings and Saturdays(dgc36@cam.ac.uk)Invigilator – Evenings and Saturdays(jbs32@cam.ac.uk)12


The Freshfields Legal Research Skills CourseThe Freshfields Legal Research Skills Course is designed to satisfy the requirements of the Solicitors RegulationAuthority and the Bar Standards Board in respect of law students who wish to enter the legal professions in England andWales. The course gives students a grounding in research and the use of IT in the law, and includes skills valuable bothfor their studies and future careers. Students attend a hard-copy research skills seminar in the Michaelmas Term, andIT-based teaching in the Michaelmas and Lent terms of their Part IA studies (or first year of law). Further advancedsessions are available for Part IB and Part II students, as well as introductory and research group teaching forpostgraduate students. The course explains the use of IT in the legal professions, and trains students to use bothtraditional 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 todevelop their skills. The course is assessed by a combination of written and online assessments and students pass bydemonstrating that they have a sufficient grasp of the skills required by the Joint Statement issued by the Law Societyand the General Council of the Bar. It is necessary for students to complete the course successfully in order to beincluded on the block exemption form which the Faculty submits to the Law Society indicating those students who havesatisfactorily completed the academic stage of training.The Legal Research Skills course is generously sponsored by Freshfields Bruckhaus Deringer.Freshfields Legal IT Teaching andDevelopment Officer:Mr Daniel Bates (db298@cam.ac.uk)Freshfields Computer Officer:Mrs Sarah Kitching (slk25@cam.ac.uk)Computer FacilitiesThe Faculty currently has around 40 computer terminals available for use by students and staff in the Library areas, someof which have dedicated functions (such as e-mail access only) but the majority of which are general-purpose machinesconnected to the Cambridge University Data Network (CUDN). In addition, there are 24 machines in the FreshfieldsComputer Teaching Room, where computer-based teaching is carried out, the machines being available for general useat other times. These computers form part of the University Managed Cluster Service, the main advantage of this beingcentralised file storage and familiarity of software when working on other PWF workstations. The Faculty also providesaccess to the University wide wireless network call Lapwing and eduroam. There are currently 5 wireless access pointslocated throughout the building enabling students to connect wirelessly to the CUDN and hence the internet using theirown wireless devices.The Computer Office is also available to help support Faculty staff and students with their IT requirements and can befound on the second floor in rooms S7 and S8 (opposite the Freshfields IT Room). The computing team is made up oftwo full-time and one part-time members of staff. The offices are generally open between 9.00 am and 5.00 pm (closedfor lunch between 1.00 pm and 2.00 pm) Monday to Friday. Further information is available athttp://computeroffice.law.cam.ac.uk/Computer Staff:Senior Computer Officer:Mr Andrew Gerrard (acg12@cam.ac.uk)Computer Officers:Mr Steve Burdett (srb4@cam.ac.uk)Mrs Sarah Kitching (slk25@cam.ac.uk)13


Rules Made by the Information Strategy and Services Syndicate. The most recent version of the rules made by theInformation Strategy and Services Syndicate under the provisions of Regulation 5(g) for the Syndicate for the use ofUniversity and College information technology facilities is set out below. It should be noted that, although that regulationlimits any fine to the sum of £175, offenders may also be required to reimburse costs, which may amount to a muchlarger sum.The term IT facilities shall mean the facilities of the University Computing Service, and all other information technologyfacilities provided by the University, and any in College institutions designated by the appropriate College authorityconcerned 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 fromtime 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 Syndicateor 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 byspecified classes of persons and for specified purposes. In the case of facilities not so designated, resources areallocated individually; every such allocation of IT resources shall be used only for the designated purpose and only by theperson to whom the allocation was made. Use shall not be made of IT resources allocated to another person or group ofpersons 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 orjeopardize 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 becomeavailable 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 ofthe 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 orotherwise 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 obtainingpermission 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 relevantlegislation, including the Data Protection Act 1998. Any person wishing to use IT facilities for such a purpose shall berequired to inform the Authorized Officer in advance and to comply with any restrictions that may be imposed concerningthe 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 anyother 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, withor without specific authorization to do so, may be charged with the cost of such use or misuse at a rate determined from14


time to time by the appropriate Authorized Officer. If any person who has been so charged with the cost of IT resourcesfails to make reimbursement, any authorization to use IT facilities shall be suspended automatically until reimbursementis made in full, and the matter shall be reported by the Syndicate to the appropriate University or College financialauthority.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 theSyndicate who may at their discretion, after considering the Officer's report and any other relevant matters, impose apenalty or penalties in accordance with Regulation 5(g) for the Syndicate. The Syndicate may also recommend to theappropriate University or College authority that proceedings be initiated under either or both of the University and Collegedisciplinary procedures and any appropriate legislation.The Institute of CriminologyThe Institute of Criminology was founded in 1959, with the support of a benefaction from the Wolfson Foundation. It ispart of the Faculty of Law, but its multidisciplinary teaching and research staff (see p.124) are recruited from sociology,psychiatry, psychology, law and other disciplines. Its management affairs are controlled by a Director and a Committeeof Management. The Institute has a very active programme of funded research on a wide variety of topics - recentprojects have included work on delinquent development, social contexts and crime, policing, criminal justice, penaltheory, 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 tocrime, criminal justice and related topics, including a wide selection of periodicals, pamphlets and publications ofhistorical as well as contemporary interest.The Institute offers a number of different courses, including two research MPhil courses in Criminology (nine months) andCriminological Research (twelve months); a PhD programme; various courses for undergraduate degrees; anMSt/Diploma in Applied Criminology and Police Management (part-time) open to potential chief police officers andpersonnel working in senior positions within police forces; and an MSt/Diploma in Applied Criminology, Penology andManagement (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 Criminologyand Police Management Course:Director of the MSt Applied Criminology,Penology and Management Course:Chair, Management Committee:Administrator:Professor Friedrich LöselProfessor Manuel EisnerProfessor David FarringtonProfessor Loraine GelsthorpeProfessor Lawrence ShermanProfessor Roy KingProfessor David IbbetsonMs Caroline EdwardsFor general enquiries, please contact the Administrative Officer, Institute of Criminology, Sidgwick Avenue, CambridgeCB3 9DA. Tel: 01223 335360. Fax: 01223 335356. For enquiries regarding postgraduate courses, please contact theGraduate Administrator on 01223 335363 or at graduate.administrator@crim.cam.ac.uk or the MSt Administrator on01223 335373 or at mst.administrator@crim.cam.ac.uk. Website: http://www.crim.cam.ac.uk15


The Lauterpacht Centre for International LawThe Research Centre for International Law was established within the Faculty of Law in 1985. Its name changed in 1997to The Lauterpacht Centre for International Law in recognition of the important contributions to International Law made bySir Hersch Lauterpacht (Whewell Professor of International Law, 1938-55, and subsequently a Judge of the InternationalCourt of Justice) and by his son, Professor Sir Elihu Lauterpacht (Director of the Centre, 1985-95). It exists to promoteinternational law by a combination of individual and group research, whether undertaken privately by scholars or fundedexternally, and by the publication of monographs and collections of primary materials, including the International LawReports (see p.20). The Centre attracts a steady stream of visiting scholars from all over the world, mainly fromuniversities and government departments. Visitors come for periods ranging from several weeks to two years.The Centre has its own premises in Cranmer Road, close to the University Library and Law Faculty. It arranges a fullprogramme of meetings, including weekly lunches and evening sessions, drawing upon speakers from abroad as well asfrom Cambridge and other British universities. These occasions, and the Centre’s ‘open house’ policy, make the Centrethe principal meeting place for those in Cambridge interested in international law. All postgraduate law students arewelcome at its meetings.Director:Deputy Director:Administrator:Professor Marc WellerDr Roger O’KeefeMs Anita RutherfordFurther 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: admin@lcil.cam.ac.uk. The work of the Centreand its objectives are described in detail at http://www.lcil.cam.ac.ukCentre 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 theIntellectual Property Unit. It exists to foster the study of all aspects of intellectual property law and information law andassociated subjects. It organises conferences, seminars and visiting lectures, undertakes research and collects materialin 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 Europeanand Community Patent Conventions, Community trade mark, registered design and plant variety right, and the variousharmonisation directives in the areas of copyright and designs, e-commerce, Internet content regulation and dataprotection. The Centre is also particularly interested in the development of British Commonwealth and United States lawand in the relevant international conventions, including the TRIPs Agreement (Trade-Related Intellectual Property) of theWorld Trade Organisation. Its current research interests include the regulation of biotechnological inventions, legalresponses to the development of digital technology, the impact of information law on medical research, legal protection ofbrands, 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 includesamong 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 SmithLecturer and Fellow of Downing College) and Dr Catherine Seville (University Senior Lecturer and Fellow of NewnhamCollege). The Faculty’s ability to concentrate resources on intellectual property law stems from the generosity of the lateDr Herchel Smith in endowing the Chair, a Lectureship and a College Lectureship in the subject (and also researchfunding 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: cipil@law.cam.ac.uk. Website: http://cipil.law.cam.ac.uk16


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 ofEuropean 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 countriesof Europe and the wider world, and the substantive law of the EU. The interests of the Centre also embrace the nationaljurisdictions 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 fallingwithin 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 forthe presentation of new ideas by leading scholars from inside and outside the university. Papers generated from most ofthese seminars are published as articles in the CYELS. These seminars are open to members of the University and to thegeneral public. In addition, CELS organises a number of specialist lectures, notably the prestigious Mackenzie-Stuartlectures. Recent speakers have included Jean-Claude Piris, Judge David Edward, Professor Joseph Weiler, ProfessorGiuliano 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 BarnardProfessor John SpencerMrs Susanne GraepelFurther information may be obtained from the Centre for European Legal Studies, Faculty of Law, 10 West Road,Cambridge CB3 9DZ. Tel: 01223 330093; Fax: 01223 330095; Email: cels@law.cam.ac.uk. Website:http://cels.law.cam.ac.uk/Centre for Tax Law (CTL)The Centre for Tax Law was established in 2001; its mission emphasises both research and teaching in its task offurthering the study of tax law – in Cambridge and beyond. The primary activity of the Centre is an annual series ofworkshops, principally run for the UK tax administration but which Cambridge students can often attend. Theseworkshops focus on current issues of a tax policy nature and often involve presentations by overseas experts. Inaddition, the Centre runs a biannual conference on tax history, the last conference was held in July 2010. The Centrealso facilitates the editorship of a series of tax publications, both of papers presented at the tax history conferences and aspecialist series of tax law publications by Cambridge University Press.Director:Assistant Director:Centre’s Secretary:Dr Peter HarrisProfessor John TileyMrs Sarah SmithFurther information about the Centre’s activities is available at http://www.ctl.law.cam.ac.uk/The Centre can be contacted by email at ctl@law.cam.ac.uk17


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 researchinterests 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. The3CL organises conferences, seminars and other events to disseminate research and to foster dialogue on emerging andcontroversial topics in these fields. The 3CL is a member of Cambridge Finance which coordinates the programmes ofresearch 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 Facultymembers are associated with the Journal of Corporate Law Studies (Hart Publishing).Director:Assistant Director:Centre’s Secretary:Professor Brian CheffinsMs Jodie KirshnerMiss Felicity EvesFurther information may be obtained from the 3CL, University of Cambridge, Faculty of Law, 10 West Road, CambridgeCB3 9DZ. Tel: 01223 330042. Fax: 01223 330055. E-mail: 3cl@law.cam.ac.uk. 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 thefields of constitutional and administrative law, and regulation and regulatory systems. The interests of Faculty memberscover a wide range of public law in the UK, the European Union, and the common law jurisdictions of the Commonwealthand 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.ukThe Centre aims to promote research in the area of public law, and to develop into a research centre of national andinternational reputation. The Centre does this by providing:• a focal point for the exchange of ideas between academics, practitioners and others (including members ofpublic 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 JusticeHlophe became the first Clifford Chance Distinguished Visitor.• encouragement and development of research output by the Faculty’s research students through its discussiongroup and publishing the proceedings of its conferences.Acting Director:Assistant Directors:Deputy Director:Centre’s Secretary:Professor John BellDr Stephanie PalmerDr Amanda Perreau-SaussineDr Anat ScolnicovMiss Felicity EvesFurther information about the Centre and its publications may be obtained by writing to: Centre for Public Law, Universityof Cambridge, Faculty of Law, 10 West Road, Cambridge CB3 9DZ. Tel: 01223 330033/330042. Fax: 01223 330055.E-mail: public.law@law.cam.ac.uk. Website: http://www.cpl.law.cam.ac.uk18


Centre for Business Research (CBR)The CBR was founded in October 1994 following the award to the University of a substantial ESRC grant forinterdisciplinary business research. Current funding is drawn from a number of sources including the EU’s SixthFramework Programme, and the ESRC's World Finance and Economy Programme and Gender Research Network. TheCentre has two research programmes, one in enterprise and innovation, and one in corporate governance. A major partof 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:Professor Alan Hughes (Judge Business School)Assistant Directors: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, TrumpingtonStreet, Cambridge CB2 1AG. Tel: 01223 765339. Fax: 01223 765338. Email: s.deakin@cbr.cam.ac.uk. Website: http://www.cbr.cam.ac.ukCambridge Forum for Legal and Political Philosophy (CFLPP)The Cambridge Forum for Legal and Political Philosophy (CFLPP) was founded in 1999 by several Faculty members andPhD students with jurisprudential interests. It began with a reading/discussion group that still actively operates duringeach academic term, but its activities have expanded considerably. It now encompasses approximately 80 facultymembers and research students from the Faculties of Philosophy, History, Law, and Social & Political Sciences. TheCFLPP became an officially recognised research forum within the Faculty of Law in 2001. It has already organized twomajor international conferences and many public lectures by distinguished speakers. Furthermore, for the past threeyears the CFLPP has been the principal organiser of the annual UK Analytical 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 ofphilosophy covered by the CFLPP. In the meantime, the CFLPP's reading/discussion group and public lectures willcontinue to foster interdisciplinary interaction among Cambridge faculty members and students who are interested inissues of legal and political philosophy.Further information may be obtained from Professor Matthew Kramer, Churchill College, Cambridge CB3 0DS. Tel:01223 336231. Email: mhk11@cam.ac.uk. Website: http://cflpp.law.cam.ac.uk19


Cambridge Socio-Legal GroupThe Cambridge Socio-Legal Group was established in 1997 as an interdisciplinary discussion group concerned withpromoting debate on current socio-legal issues to which end it holds an annual residential seminar or focussed set ofseminars each year. The Research and Interest Group has its roots within the Centre for Family Research in the Facultyof Social and Political Sciences and within the Faculty of Law. It has links with other departments where socio-legalissues are relevant, including Anatomy. Academics from other universities regularly participate in the Group’s projects.The Group’s first project was concerned with legal and social conceptions of parenthood and resulted in publication of thebook What is a Parent? A Socio-Legal Analysis (1999), edited by Andrew Bainham, Shelley Day Sclater and MartinRichards. The Group’s second project was on law and the human body, and culminated in the book Body Lore and Laws(2002), also edited by the same team. The Group’s third project was concerned with contact between parents, childrenand other family relations. A book from the seminars entitled Children and their Families: Contact, Rights and Welfarewas edited by Andrew Bainham, Bridget Lindley, Martin Richards and Liz Trinder and published in 2003. A fourth projecton sexuality was the subject of a residential seminar in 2003. A book entitled Sexuality Repositioned: Diversity and theLaw, edited by Belinda Brooks-Gordon, Loraine Gelsthorpe, Martin Johnson and Andrew Bainham was published in2004. The Group has embarked on two further projects on the subject of Kinship and on the subject of Death.During the academic year 2004-5 the Group started a series of Occasional Meetings on socio-legal issues relating toRestorative Justice, Parental Contact with Children, Communication in the Courtroom and the viability of usingRestorative Justice Principles for cases involving domestic violence.Chair:Professor Loraine Gelsthorpe, Institute of Criminology, Faculty of LawVice-Chair:Ms Bridget Lindley, Centre for Family ResearchFurther information may be obtained from Professor Loraine Gelsthorpe, Institute of Criminology, Sidgwick Avenue,Cambridge, CB3 9DT. Tel: 01223 335377/60. Email: lrg10@cam.ac.uk or from Professor Martin Richards, Centre forFamily Research, Free School Lane, Cambridge, CB2 3RF. Tel: 01223 334519. Email: mpmr@cam.ac.uk.Continuing Education in LawProfessional Studies at the University of Cambridge offers courses for professional and vocational development fororganisations, working professionals, students, and individuals who wish to develop or update professional knowledgeand skills. As the University’s principal department providing continuing education in law, Professional Studies at theInstitute of Continuing Education provides continuing professional education for qualified lawyers, law students andprofessionals.Operating at local, regional and international levels, the Professional Studies’ expanding portfolio includes twolongstanding residential programmes in conjunction with the Faculty of Law: English Legal Methods, an InternationalSummer School (begun 1948) is designed for lawyers and law students from countries whose legal systems are notbased on the common law, and an annual revision course (begun 1966) for students from home or abroad, reading forthe University of London LLB for External Studies. In addition, two part-time MSt courses are held in conjunction with theInstitute of Criminology: an MSt in Applied Criminology and Police Management and an MSt in Applied Criminology,Penology and Management.Other established Professional Studies programmes include an annual two-day conference for teachers of A-Level Lawand the Post-Graduate Diploma in Notarial Practice which forms the required training for prospective notaries. In20


addition, Professional Studies offers a Certificate in Alternative Dispute Resolution (ADR), which enables legalprofessionals and others to develop skills and understanding in mediation, negotiation and arbitration as well as aCertificate in Legal Practice for Paralegals. Professional Studies has also recently revised its Certificate in Legal Studiesto reflect current changes and issues in the legal landscape; this course, designed for professionals in a wide variety offields, was re-introduced in 2008-2009.New courses are constantly under development within Professional Studies to meet the growing demand for professionaldevelopment across and within professions in a rapidly changing global economy, and to meet needs and request fromprofessions and individuals who are keen to continue their professional learning at a world-leading university.Director of Professional Studies:Ms Sharon CollinsDirector of the Institute of Continuing Education:Professor Richard TaylorFurther information may be obtained from the Director of Professional Studies, Greenwich House, Madingley Rise,Cambridge CB3 0TX. Tel: 01223 760860. E-mail: profstudies@cont-ed.cam.ac.uk. Website: http://www.conted.cam.ac.uk/profstudiesPublicationsThe Cambridge Law Journal. The principal publication produced under the aegis of the Faculty is The Cambridge LawJournal, founded in 1921. The journal is the longest established university law journal in the country, and has earned aninternational reputation as one of the foremost legal periodicals in the world. The Editor has always been a member ofthe Faculty, and the members of the Editorial Committee are appointed by the Faculty Board. Three issues are producedeach year.Editor:Book Review Editor:Senior Note Editor:Secretary and Treasurer:Professor John BellMr Jacob RowbottomProfessor Graham VirgoDr Peter TurnerInternational Law Reports. The International Law Reports were begun in 1950 by Sir Hersch Lauterpacht, as acontinuation of the Annual Digest of Public International Law Cases, which began in 1922 under the editorship of McNairand Lauterpacht. In 2009 the series reached volume 137.Joint Editors:Assistant Editor:Sir Elihu Lauterpacht, CBE, QC, Lauterpacht Centre for International LawHE Judge Sir Christopher Greenwood, CMG, QC, Peace Palace, The HagueMs Karen Lee, Lauterpacht Centre for International Law and Girton CollegeOther LCIL publications. The Lauterpacht Centre for International Law also produces the ICSID Reports, containingreports of cases decided under the convention on the Settlement of Investment Disputes between States and Nationalsof other States, 1965, and related decisions on the international protection of investments (vol. 14); the Iran-United StatesClaims Tribunal Reports (1983-), which has now reached vol. 37 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.21


Dates of Faculty Board Meetings7 October 20104 November 20102 December 201020 January 201117 February 201117 March 201128 April 201112 May 201130 June 2011Dates of Degree Committee Meetings7 October 20104 November 20102 December 201027 January 201117 February 201110 March 201128 April 201119 May 201128 June 2011Dates of Academic Committee Meetings14 October 201018 November 20103 February 20113 March 201119 May 2011Staff Student Consultative Committee2 December 201017 March 2011Date of Annual Meeting of the Faculty11 November 2010Full Term DatesMichaelmas Term: 5 October 2010 to 3 December 2010Lent Term: 18 January 2011 to 18 March 2011Easter Term: 26 April 2011 to 17 June 201126


Health and Safety in the Faculty BuildingThis is a modern building and a safe one. It is, nevertheless, important that all users of the building are aware of healthand 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 notstop to collect your personal belongings. There are three fire stairs in the building as well as the main staircaseand you should use all of these exit routes. To open the fire doors, press the break glass call point located next tothe fire door. The doors at the bottom of the fire stairs which lead directly out of the building are opened bypressing the centre of the green release panel beside the door. These emergency exits should all be used if thealarm sounds. In the event of an emergency, you should leave the lecture theatres by either the front or the reardoors and then use the emergency exits either to your left or to your right. There are fire wardens on every floorwho will assist with the evacuation and ensure, as far as possible, that the area is cleared. After you have left thebuilding, move well away from the doors so that you do not block the exit for people leaving after you or impedeaccess by the emergency services. The emergency assembly point for the Faculty of Law is under the RaisedFaculty 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 areexplicitly 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 themembers of staff listed below if you have a disability or mobility problems. Students and staff with disabilities areencouraged to develop a personal safety plan (specific to the level of disability and the type of emergency) in conjunctionwith Faculty staff.If you would like to raise any health and safety matters with the Faculty, please email safety@law.cam.ac.uk oralternatively 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 thatsomeone else does. They will locate a first aider. They can also call the emergency services in the event of aserious medical emergency.Computer Use. When working at the computers, adjust the chair so that it is at the right height and angle for you. Takeregular breaks away from the computer (at least five minutes in every hour) and have a stretch to release anystiffness 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 beenelectrically tested. If you plug your laptop into the plug points on the library floors, please make sure that the wires do notget snagged or chaffed by the lid of the floorbox. You must make sure that the lid of the floor box is properly closed afteryou 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 thatyou can work comfortably. Take regular breaks; a brief walk round the library every hour will help you feel andwork 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!27


Proceed with caution in reaching for books on the upper shelves. There are kick stools available; use them sensibly andappropriately. Speak to a member of the Library staff if you are in any doubt about being able to reach or access bookson 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 whencopying large or unwieldy books.General. The Faculty Administrator (Laura Smethurst: 30049; lcs38@cam.ac.uk); the Faculty Safety Officer (AndrewGerrard: 30072; acg12@cam.ac.uk) or the Squire Law Librarian (David Wills: 30071; dfw1003@cam.ac.uk) arehappy to answer your questions about health and safety in the Faculty Building. You should alert one of themimmediately to any health and safety concerns or issues. The University’s Health and Safety Division is at 16 MillLane. Website: http://www.admin.cam.ac.uk/offices/safety/Hardship Grants from the Squire FundThe Faculty received a considerable trust fund endowment from the estate of Rebecca Flower Squire who died on 26November 1898. The income from the trust fund is used to provide Scholarships in Law, and the regulations also permitthe making of grants on grounds of financial hardship to resident members of the University studying law. Theregulations for both scholarships and grants require (i) that the applicant is a British Citizen or a citizen of a country of theCommonwealth; and (ii) that the applicant has ‘declared in writing the sincere intention of qualifying as a barrister or asolicitor or as a teacher of law, and of practising or teaching law accordingly’ (University of Cambridge Statutes andOrdinances 2009, p. 56). In practice, the Managers of the Trust normally make hardship grants only to undergraduatesbecause graduate students are required to confirm, prior to taking up their place at the University, that they havesufficient funds for their studies. Application forms for hardship grants from the Squire Fund are available from Mrs SallyLanham (sal41@hermes.cam.ac.uk) in the Faculty Office.Funding OpportunitiesThe 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 orhas been classed in either Part IB or Part II of the Law Tripos in the year of application. Applications should be made tothe Registrary not later than the day before the first day of General Admission to Degrees. Full details of the Scholarshipcan be found in the University of Cambridge Statutes and Ordinances which is available on line (from a Universitynetwork 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 ofInternational 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 oflaw or of legal languages or institutions.’ Consideration will normally be restricted to applications from members of theUniversity or whose work is connected with the University. Grants from the Fund normally take the form of grants forspecific research expenses and do not extend to ordinary living expenses. Further particulars may be obtained from, andapplications submitted to, the Secretary of the Frederic Maitland Memorial Fund at the Faculty of Law.28


The Humanitarian Trust Fund provides for a one year studentship in Public International Law. The Scholarship is opento candidates ‘who have obtained, or are likely to obtain before the end of the academical year of their candidature adegree or a diploma at a University in the Commonwealth of Nations, the United States of America, the Continent ofEurope, the former Union of Soviet Socialist Republics, at the Hebrew University of Jerusalem or at any other universityor college approved by the Electors for the purpose of this regulation. They must also produce evidence of their fitness toengage in advanced study.’ The Studentship is not tenable with a Commonwealth Fund Fellowship or a CollegeFellowship or emolument of similar magnitude. The value of the Scholarship is generally £1000 although the Electorsmay, in exceptional circumstances and where funds are available, award a more generous sum. The scholarship is onlyawarded once every two years and applications should be made to the Secretary of the Faculty Board by 1 January. Fulldetails 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 toany person who is a candidate for the LLM Examination and awards are made upon the results of an examination whichis held in Cambridge in the Easter Term in each year at a place and a time which is announced in the Reporter. For 2010the papers prescribed for the Whewell Scholarships were ‘not less than three of the Papers 15, 20, 21, 22, 23, 24, 25 and36, a fourth paper chosen by the candidate from all the papers prescribed for that examination, and a paper on ‘Problemsand Disputed Points in International Law’.’ The subjects of examination for 2011 will be announced in the Reporter in theMichaelmas Term 2010. The names of candidates should be submitted to the Secretary of the Faculty Board by the dateaccompanying the Reporter announcement. Full details of the Scholarship can be found in the University of CambridgeStatutes and Ordinances which is available on line (from a University network computer) athttp://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 theScholarship must have successfully completed a course of study qualifying them for a degree in any University or similarinstitution in the United Kingdom and have spent at least one year in the study of law. Up to two Scholarships areawarded each year and Scholars are required to carry out research relating to the Laws of England. The tenure of theScholarship is one year in the first instance although re-election is possible. The value of the Scholarship is determinedby the Electors after taking into account any other financial resources available to the individual Scholar. Application for aScholarship, accompanied by an outline of the candidate’s career and proposed course of study at Cambridge, should bemade to the Secretary of the Faculty Board of Law by 1 August of the year in which the candidate hopes to take up theScholarship. Full details of the Scholarship can be found in the University of Cambridge Statutes and Ordinances whichis available on line (from a University network computer) at http://www.admin.cam.ac.uk/cam-only/univ/so/. The presentvalue of the scholarship is at least £3000.The Yorke Fund provides grants to Faculty Members and graduate students to support research and teaching inconnection with the study of law. Graduate students are entitled to a grant of up to £400. Application forms are availablefrom the Secretary of the Faculty Board. The Yorke Fund also provides for the Yorke Prize. The Yorke Prize is awardedannually for an essay on a legal subject (including the history, analysis, administration and reform of law) and is open toany 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, assumingapproval, submit the essay to the Registrary to arrive not later than the last day of the Michaelmas Term. Full informationabout 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 furtherinformation.29


Faculty CommunicationEach year, the Faculty creates an e-mail list for each part of the Tripos, for the LLM and for graduate research studentsusing 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 whichmight 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 FacultyAdministrator (lcs38@cam.ac.uk) 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 ‘Facultydocuments’ 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.30


Law TriposChoice of SubjectsThe papers for the Law Tripos, which are divided into Groups I-IV, are as follows:Group IPaper 1Paper 2Paper 3Paper 4Civil Law IConstitutional LawCriminal LawLaw of TortGroup IIPaper 10Paper 11Paper 12Law of ContractLand LawInternational LawGroup IIIPaper 13Paper 20Paper 21Paper 22Paper 23Paper 25Paper 26Paper 42Paper 46Paper 47Civil Law IIAdministrative LawFamily LawLegal HistoryCriminology, Sentencing and the Penal SystemCriminal Procedure and Criminal EvidenceEuropean Union LawIntellectual PropertyComparative LawJurisprudenceGroup IVPaper 24 EquityPaper 40 Commercial LawPaper 41 Labour LawPaper 43 Company LawPaper 44 Aspects of ObligationsPaper 45 Conflict of LawsPaper 48 Prescribed subjects (half-papers)Seminar CoursesFor the subjects prescribed for Paper 48 in 2010-2011, see pages 61-68.For the Seminar Courses for 2010-2011, see page 31.31


Law Tripos Part IA. A candidate for Law Tripos Part IA shall offer Papers 1-4. All candidates for Part IA should attendthe three day introductory course, commencing on the first Thursday of Michaelmas Full Term (7 October 2010), to beheld 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 andGroups II and III, provided that he or she shall not offer any paper which he or she has previously offered in any LawExamination of this University. Students who have not taken Part IA Law, whether they be affiliated students or studentschanging into Law, should attend the three day introductory course, commencing on Thursday, 30 September 2010, tobe held in the Faculty of Law building, 10 West Road.Law Tripos Part II. A candidate for honours in Part II shalleitheroroffer 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 courseand submit an essay on a subject prescribed by the Faculty Board or chosen by him or her from a number ofsubjects so prescribed,provided that he or she shall not offer any paper which he or she has previously offered in any Law Examination of thisUniversity.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/earlyJune. Introductory meetings for all seminar courses are held in the last week of the Full Easter Term - attendance iscompulsory for those wishing to enrol. Completed applications to take part in any seminar course must be received bythe Faculty Office before the end of the Easter Term preceding the year in which the candidate wishes to take part. Laterapplications, provided that they are submitted not later than the end of the first week of Michaelmas Term in theacademical year in which the course is to be conducted, may be accepted at the discretion of the Faculty Board. Acandidate participating in a seminar is required to submit by the seventh day of Full Easter Term an essay not exceeding12,000 words (including footnotes and appendices, but excluding bibliography).The seminar courses for 2010-2011 are: Family in Society, Select Issues in International Law, The Legal Process: Justiceand Human Rights, Women and the Law, Public Law, and Law and Ethics of Medicine.For the Law Tripos Regulations (including those governing seminars), see Statutes and Ordinances 2009, p. 347.Study Abroad. A student may, on application to the Faculty, spend the year following completion of Part IB pursuing acourse of study at a university in another country of the European Union. On successful completion of such a course, thestudent returns to Cambridge to commence studies for the papers in Part II as listed above. At present, the Faculty hasexchange schemes with the University of Poitiers (France), the University of Utrecht (The Netherlands), the University ofRegensburg (Germany), and the Universidad Autonoma de Madrid (Spain).Syllabus and Examinations. Examinations will be set ON THE PUBLISHED SYLLABUS, and not simply on thematerial covered in lectures. The syllabuses for the academic year 2010-2011 follow. It is most important that eachcandidate is aware of the contents of the syllabus in each paper which he or she is offering.32


Lectures and Copyright. Many lecturers are unwilling to have their lectures recorded and recording of lectures is notallowed unless a student has a very good reason such as a physical disability. Students who wish to record a lecturemust obtain the permission of the lecturer concerned before doing so. It should be noted that copyright is held by theFaculty for all lectures and lecture handouts and that students are not permitted to reproduce these in any form. Anyunauthorised 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) isplagiarism; 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 referredto the Proctors. It may then be brought before the University’s Court of Discipline, which has the power to deprive culpritsof membership of the University and to strip them of any degrees awarded by it. Information on plagiarism, including theUniversity’s Statement on Plagiarism, can be found at www.admin.cam.ac.uk/univ/plagiarism/students/. The Faculty ofLaw requires all coursework to be submitted electronically as well as in hard copy. The Faculty uses anti-plagiarismsoftware in the manner described in a document entitled ‘Student information and consent form for the use of Turnitinsoftware in 2010-11’ 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 2011. At the beginning of each academical year the FacultyBoard of Law gives notice of the statutes and other materials that candidates may use in examinations in the followingEaster Term.Candidates will be allowed to take into any examination a bilingual dictionary together with any materials specified in theFaculty’s notice (electronic dictionaries are not permitted). The permitting of bilingual dictionaries does not extend tospecialised legal bilingual dictionaries. Candidates are forbidden to take into any examination any materials other thanthose specified. Where materials are allowed, candidates must use their own unmarked copies. Subject to the provisostated below, any form of marking – including annotations, highlighting, circling and underlining – is prohibited. It is alsoforbidden 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 thename 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 ofExaminers, the Examinations Secretary or the Examiner responsible for the conduct of the examination concerned willdecide whether to confiscate them. If annotated materials are confiscated, replacements will not be provided. Candidateswho fail to comply with any of the requirements set out above should be aware of the possibility of disciplinaryproceedings 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 shouldcandidates 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 noother. Such materials will be available from the Law Faculty Office and will be stamped ‘For use in Examinations in2011’.33


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 1 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 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 IB or II)The Littleton Chambers Prize for Labour Law (Part II)Transferable Skills. The Faculty of Law, in consultation with Colleges, has identified the ways in which undergraduatescan 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 standthem in good stead in later life. Examples of ways in which transferable skills may be developed by undergraduates inlaw are available in the statement on transferable skills on the Faculty’s website.34


Law Tripos : Syllabuses and Lists of Recommended ReadingPAPER 1. CIVIL LAW I1. Sources of law. Legal development through the grant of new remedies: praetor and iudex under the formularysystem. The jurists. The revival of Roman law.2. Persons. An outline of the legal position of the household and of marriage in Roman Law.3. Property. Categories of things in Roman law. Dominium, possession and bonitary ownership. Acquisition ofownership: delivery, usucapion, occupation, accession, specification. Rights in another’s property: servitudes,usufructs, real security.4. Obligations. Contracts, quasi-contracts, and delicts in Roman law.5. 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 laterdevelopments will be noted.Comparisons with other legal systems will be drawn where appropriate.READINGIntroductory:Crook, The Law and Life of RomeStein, Roman Law in European History (1998)Textbooks:Nicholas, An Introduction to Roman LawZimmermann, The Law of ObligationsThomas, Textbook of Roman Lawde Zulueta, Institutes of GaiusBorkowski, Textbook on Roman LawFor reference:Buckland, A Textbook of Roman LawJolowicz and Nicholas, Historical Introduction to Roman LawSchulz, History of Roman Legal ScienceBuckland and McNair, Roman Law and Common LawMetzger (ed), A Companion to Justinian's Institutes (1998)35


PAPER 2. CONSTITUTIONAL LAWA. The allocation of powers1. Sources and foundations of the constitution:(a) nature and sources of constitutional law;(b) constitutional conventions;(c) the separation of powers;(d) the rule of law;(e) principal organs of government, including the judiciary, the executive (including the Crown) and the royalprerogative;(f) nature and sources of EU law.2. Legislative authority in the United Kingdom:(a) Parliament: its composition and functions, including the role of the House of Lords;(b) parliamentary sovereignty;(c) the principal institutions of the EU;(d) the status of EU law within national law;(e) devolution;(f) delegated legislation;(g) introductory matters concerning the Human Rights Act 1998 with particular reference to its implicationsfor the enactment and interpretation of legislation (and including horizontal effect).B. The control of powers1. Political accountability of the executive:(a) relationship between the executive and Parliament, including ministerial responsibility (collective andindividual);(b) mechanisms for parliamentary accountability, including parliamentary questions, select committees, andthe Parliamentary Commissioner for Administration;(c) political accountability in local government in England, especially Labour’s reform programme.2. Accountability to the judiciary:(a) the nature, scope and constitutional legitimacy of judicial review of administrative action;(b) justiciability, including review of prerogative powers;(c) standing;(d) grounds for review;(e) procedural issues and remedies.3. The use of civil liberties and human rights standards in the control of power:(a) protecting civil liberties in the UK;(b) obligations imposed by the European Convention on Human Rights and the Human Rights Act 1998 ininternational and municipal law;(c) freedom of expression and national security: official secrecy, freedom of information and breach ofconfidence;(d) freedom of assembly: protest and public order.READING36


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)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 (6th ed 2007)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 and Matthews Cases and Materials on Administrative Law (3rd ed 2005)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 (6th ed 2007)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)37


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:Wallington and Lee, Blackstone’s Statutes on Public Law and Human Rights (latest ed)PAPER 3. CRIMINAL LAW1. 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. The external and fault elements of crimes; strict liability; defences.3. Complicity. Inchoate crimes. The liability of mentally disordered persons.4. 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 withoutpayment); 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 lectureoutlines) is required only insofar as it is necessary to illustrate the application of the general principles of liability ((2) and(3) above).READINGIntroductory:Herring, Criminal Law (5th ed 2007)Padfield, Criminal Law (7th ed 2010)Textbooks:Herring, Criminal Law: Text, Cases and Materials (3rd ed 2008)Simester and Sullivan, Criminal Law: Theory and Doctrine (4th ed 2010)Smith and Hogan, Criminal Law (12th ed 2008, new edition forthcoming)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:38


Herring, Criminal Law Statutes (2010-2011) (Routledge)For reference:Archbold: Criminal Pleading, Evidence and Practice (2011)Ashworth, Principles of Criminal Law (6th ed 2009)Blackstone’s Criminal Practice (2010)Further reading:Hart, Law Liberty and Morality and Punishment and ResponsibilityAshworth and Redmayne, The Criminal Process (3rd ed 2005)Padfield, Text and Materials on the Criminal Justice Process (4th ed 2008)PAPER 4. LAW OF TORT1. Introduction.2. Liability for intentional harm and for harm resulting from intentional conduct (overview).3. Negligence.4. Causation and remoteness of damage.5. Remedies, especially damages for personal injury and death, and with reference to the effect of benefits underconcurrent systems of alleviation.6. Death in relation to tort.7. Defences (consent; illegality; disclaimers; contributory negligence) including justifications for trespasses anddefamation, but NOT including the details of the law of limitation or time-bar.8. Vicarious liability and ‘non-delegable duties’. Employers’ liability.9. 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 forbreach 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 ofthe 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; intentionaleconomic torts; conversion and trespass to chattels; abuse of legal process and malicious prosecution; the proceduralaspects of tort claims.READINGIntroductory:39


Hedley, Tort (6th ed 2008)Weir, An Introduction to Tort Law (2nd ed 2006)Textbooks and casebooks:Murphy, Street on Torts (12th ed 2007)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 MaterialsWinfield and Jolowicz on Tort (18th ed 2010)Lunney and Oliphant, Tort Law Text and Materials (3rd ed 2007)Statute Book:Blackstone’s Statutes on Contract, Tort and Restitution (latest ed)For reference:Atiyah, The Damages LotteryBooth and Squires, The Negligence Liability of Public AuthoritiesCane, Atiyah’s Accidents, Compensation and the Law (7th ed 2006)Cane, The Anatomy of Tort LawClerk & Lindsell on Torts (19th ed 2006)Fleming, The Law of Torts (9th ed 1998)Harris, Campbell and Halson, Remedies in Contract and Tort (2nd ed 2002)Howarth, Textbook on TortBurrows, Remedies for torts and breach of contract (3rd ed 2004)Weir, A Casebook on Tort (10th ed 2004)PAPER 10. LAW OF CONTRACT1. Formation of a contract: offer and acceptance and contractual negotiations; certainty; intention to create legalrelations; consideration; promissory estoppel; third parties.2. Vitiating factors: duress; undue influence; unconscionability; misrepresentation; non-disclosure; mistake.3. Contents of a contract: express and implied terms; interpretation; common law and statutory rules on exemptionclauses and unfair terms.4. Discharge of contracts: performance; agreement; breach; frustration.5. Remedies: damages, specific remedies (actions for the price, specific performance, injunctions), account of profitsfollowing breach, recovery of money paid and recompense for goods and services.Questions will not be set on: assignment of contractual rights; negotiability; agency; minors and insanity; gaming,wagering and illegality; legislation concerning ‘formalities’.40


READINGIntroductory Texts:Atiyah’s Introduction to the Law of Contract (SA Smith (ed)) (6th ed 2006)Brownsword, Contract Law: Themes for the Twenty-First Century (2000)Detailed Texts: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 2008) orBurrows, A Casebook of Contract (2nd ed 2009) orMcKendrick, Contract, Text, Cases and Materials (4th ed 2010) orPoole, Casebook on Contract Law (9th ed 2008) orSmith and Thomas, Casebook (ed R Brownsword)For reference: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 2008)Harris, Campbell, Halson, Remedies in Contract and Tort (2nd ed 2002)SA Smith, Contract Theory (2004)Treitel, The Law of Contract (12th ed 2007) (edition by Peel)Treitel, Some Landmarks of Twentieth Century Contract Law (2002)Examination reference materials:Blackstone’s Statutes on Contract, Tort and Restitution (latest ed, incorporating changes to Sale of Goods Legislationconcerning consumers).PAPER 11. LAND LAW1. Introduction: The definition of land (including fixtures). Alienability of land and fragmentation of benefit. Freeholdand leasehold estates. Law and equity. Trusts and the doctrine of notice. Historical overview of the propertylegislation 1925-2002. Adverse possession (in both registered and unregistered land). Human rights and propertylaw.2. Registration of title: Registrable interests. Notices and restrictions. Dispositions. Interests that override registereddispositions. Alteration and indemnity.41


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. Easements: Creation (including prescription) and characteristics. Termination. Protection against third parties.6. Freehold covenants: Definition. Enforceability (transmission of benefit and burden). Termination.7. 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 incorporealhereditaments other than easements, the statutory security of tenure of tenants, the interpretation of freehold or leaseholdcovenants, or other circumstances in which covenants may be implied into leases.READINGIntroductory books:Cooke, Land Law (2006)Gardner, An Introduction to Land Law (2nd ed 2009)Gray and Gray, Land Law Core Text (6th ed 2009)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 (17th ed 2006)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)Smith, Property Law (6th ed 2008)Thompson, Modern Land Law (4th ed 2009)Cases and materials:Clarke and Kohler, Property Law: Commentary and Materials (2006)Gravells, Land Law: Text and Materials (4th ed 2010)Maudsley and Burn, Land Law: Cases and Materials (8th ed 2004)McFarlane, Hopkins and Nield, Land Law: Text, Cases and Materials (2009)Smith, Property Law: Cases and Materials (4th ed 2009)42


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)Getzler (ed), Rationalising Property, Equity and Trusts (2003)Hudson, New Perspectives on Property Law, Obligations and Restitution (2004)Jackson and Wilde (eds), Contemporary Property Law (1999)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 LawButterworths’ Property Law HandbookButterworths’ Student Statutes: Property LawSweet & Maxwell’s Property StatutesLaw Commission:Law Commission publications can be consulted at http://www.lawcom.gov.ukPAPER 12. INTERNATIONAL LAW1. Introduction and Overview.2. Sources of International Law.3. The Relationship of International Law and English Law.4. Personality, Statehood and Government, Recognition.5. Title to Territory, Boundary Disputes and Self-Determination.6. Jurisdiction and State Immunity.7. The Law of Treaties.8. State Responsibility, and International Claims.9. Legal Regulation of the Use of Force.10. Human Rights.11. Settlement of Disputes, with special emphasis on the International Court of Justice.READINGReading guides/outlines will be issued for each topic. Students are encouraged to do the further reading indicated forparticular topics, as well as general reading in and around subjects of international law that interest them.Basic texts:43


Brownlie, Principles of International Law (7th ed 2008)Shaw, International Law (6th ed 2008)Dixon, Textbook on International Law (7th ed 2010)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 (6th ed 2004)Students may also find useful:Dixon and McCorquodale, Cases and Materials on International Law (2010)Basic documents:Evans, Blackstone’s International Law Documents (2009)Suggested further reading:Charlesworth and Chinkin, The Boundaries of International Law (2000)Evans (ed), International Law (3rd ed 2010)Current controversies are well covered in the American Journal of International Law and the International & ComparativeLaw Quarterly (both quarterly). International Legal Materials (6 times a year) prints major documents, treaties anddecisions, which for the most part can also be found in Westlaw and Lexis. Also recommended is the European Journalof International Law. Most important cases in the field are reported in the International Law Reports. The contemporarypractice of the UK is to be found in the British Yearbook of International Law. The following websites also contain usefulmaterial: www.un.org and www.icj-cij.org.PAPER 13. CIVIL LAW IIThe paper is divided into two parts.1. European Legal History. The revival of Roman law and the formation of the canon law; glossators andcommentators; humanists. 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 (thehistorical 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 ofthe lex; the scope of chapters 1 and 3; iniuria and culpa; causation; damages; and praetorian extensions to liabilityunder the lex. The course will also consider the later development of the Civil law tradition of Aquilian liability.READING44


European Legal History:Allison, A Continental Distinction in the Common LawBrundage, Medieval Canon LawDawson, The Oracles of the LawJohnston, Roman Law in ContextRobinson, Fergus and Gordon, European Legal History (3rd ed)Stein, Roman Law in European HistoryVan Caenegem, An Historical Introduction to Private LawVan Caenegem, Judges, Legislators and ProfessorsVan Caenegem, An Historical Introduction to Western Constitutional LawWieacker (trans. Weir), A History of Private Law in EuropeLex Aquilia:Buckland, Textbook of Roman LawLawson, Negligence in the Civil LawLawson and Markesinis, Tortious Liability for Unintended Harm in the Common Law and the Civil LawZimmermann, The Law of ObligationsPAPER 20. ADMINISTRATIVE LAW1. Introduction: statutory interpretation; the role of the judiciary; appeal and review; the ambit and scope of review; theultra vires rule; the constitutional foundations and legitimacy of judicial review.2. Jurisdictional Control: error of fact; error of law. Collateral challenge and nullity.3. Control of Discretionary Power: retention of discretion (including dictation, delegation, over-rigid policies and fetteringby contract).4. Control of Discretionary Power: abuse of discretion (including unreasonableness, bad faith, irrelevant considerations,improper purposes and proportionality).5. Procedural Requirements: fairness and the rules of natural justice.6. The Nature and Scope of the Doctrines of Legitimate Expectations and Estoppel.7. Remedies: restrictions on review (including standing, exclusion of review and discretion to withhold).8. Remedies: the public/private distinction; remedies available in judicial review proceedings (including damages).READINGBasic 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)45


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 MechanismsSchonberg, Legitimate Expectations in Administrative Law (2000)PAPER 21. FAMILY LAW1. Introduction: the meaning of ‘family’ in family law; marriage, civil partnership, cohabitation and other familyarrangements; 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 partnershipand on/or after divorce/dissolution or nullity; financial support of children; occupation of the home and remedies fordomestic violence. Effects on a will of marriage or divorce; intestate succession; family provision on death.4. Children: parentage and parental responsibility; children's rights and capacities; resolution of disputes overresidence, contact and other issues; social parenthood. The role of local authorities in the care and protection ofchildren; support for children in need; emergency protection; compulsory care and supervision; wardship and theinherent 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.READINGHarris-Short and Miles, Family Law: Text, Cases and Materials (2007) (and updates onwww.oup.com/uk/orc/bin/9780199277162/)Herring, Family Law (4th ed 2009)Lowe and Douglas, Bromley’s Family Law (10th ed 2006)Masson, Bailey-Harris and Probert, Cretney’s Principles of Family Law (8th ed 2008)46


Blackstone’s Statutes on Family Law (19th ed 2010)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:Bainham, Children: The Modern Law (3rd ed 2005)Bridge and Swindells, Adoption: The Modern Law (2003)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)Choudry and Herring (eds), European Human Rights and Family Law (2010)PAPER 22. LEGAL HISTORYThe Legal History paper provides a general survey of changes in English legal institutions, principles and ideas from1066. The law is rooted in historical sources, such as decided cases and statutes, and it has never stood still; thereforeall lawyers, whether they know it or not, are constantly confronted by legal history.1. Institutions of the law; the types and sources of English lawThe 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 courtsof 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. ObligationsForms of action: praecipe writs; trespass vi et armis; trespass on the case.Tort: customs of the realm; negligence, including an outline of developments to 1932.47


Contract: covenant and debt; assumpsit for misfeasance, non-feasance, and debt; consideration; privity; theemergence of contractual ideas in the nineteenth century.3. Criminal lawThe history of criminal liability: criminal procedure; punishment; development of substantive criminal law; homicide.4. PropertyThe 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.READINGGeneral: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 ObligationsSimpson, A History of the Land Law (2nd ed)Milsom, A Natural History of the Common LawBaker and Milsom, Sources of English Legal HistoryFor further reference:Plucknett, Concise History of the Common Law (5th ed)Holdsworth, History of English LawKiralfy, A Source Book of English LawAllen, Law in the Making (7th ed)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, 1483-1558Palmer, English Law in the Age of the Black DeathSimpson, History of the Common Law of ContractMilsom, The Legal Framework of English FeudalismPAPER 23. CRIMINOLOGY, SENTENCING AND THE PENAL SYSTEM1. 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 socialchange in late modernity.48


2. Patterns of crime, offending and victimisation (primarily in England and Wales, with international comparisons whereappropriate). Strengths and weaknesses of data sources and the role of the media in shaping interpretation of datasources.3. Theories and findings on pathways into crime at individual, family and community levels of analysis, and evidence onwhat 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 prosecuteand alternative systems of intervention such as restorative justice.6. Sentencing provisions in practice: community penalties, prisons, parole.7. Dealing with identified groups of offenders: young offenders, dangerous and sex offenders, women offenders.8. Contemporary issues in criminal justice: race and gender issues relating to fairness and discrimination; the linkbetween politics and sentencing policy and practice.READINGMain 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 inDelinquency Development. Research Study 299. Home Office (2006)http://www.homeoffice.gov.uk/rds/pdfs06/hors299.pdfGelsthorpe 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)49


Statutes:Blackstone’s Statutes on Criminal Justice and Sentencing (latest ed)PAPER 24. EQUITY1. 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) Comparison with other legal and equitable institutions2. 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 itsrelation to the exercise of trustees’ powers(ii) Standing and enforcement of trustees’ duties (including the beneficiary principle but excluding trusts ofimperfect obligation)(iii) Limitations on discretion(iv) Constitution of trusts (including formalities for the declaration of trusts but excluding covenants to settle, therule 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 expresstrustee only)(vi) Perpetuities (in outline)3. 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 trustees4. 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 fault5. 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)50


6. Tracing and Proprietary Remedies:(a) Rights to trace(b) Tracing rules(c) Rights and remedies consequent on tracing7. 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 trust8. 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 associations9. Resulting Trusts:(a) The nature, function and incidence of resulting trusts(b) Quistclose trusts10. Charities:(a) Charitable purposes(b) Public benefit(c) Cy-près(d) Reform11. Other Equitable Remedies:(a) Freezing Injunctions(b) Search OrdersThe 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 oftrusts.READINGHanbury and Martin, Modern Equity (18th ed 2009) orParker and Mellows, The Modern Law of Trusts (9th ed 2008) orPearce, Stevens and Barr, Law of Trusts and Equitable Obligations (5th ed 2010) orPettit, Equity and the Law of Trusts (11th ed 2009) orHayton and Mitchell, Cases and Commentary on The Law of Trusts (13th ed 2010) orMaudsley and Burn, Trusts and Trustees: Cases and Materials (7th ed 2008) orMoffat, Trusts Law: Text and Materials (5th ed 2009)Blackstone’s Statutes on Property Law (any recent ed) orButterworths’ Property Law Handbook (latest ed)Students are advised to ensure that their copy of statutory materials includes the Charities Act 2006.51


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 (17th ed 2007)For general introduction:Gardner, An Introduction to the Law of Trusts (2nd ed 2003)Hayton, The Law of Trusts (4th ed 2003)Worthington, Equity (2nd ed 2006)PAPER 25. CRIMINAL PROCEDURE AND CRIMINAL EVIDENCE1. Sources of the rules of criminal procedure and criminal evidence. The initiation and conduct of prosecutions. Policepowers (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 ofevidence. 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. Judicialnotice. 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 ofproof. Presumptions. Proof of other misconduct. Character evidence. Evidence of identification. Complaints.Discretion to exclude evidence. Confessions and the implications of defendants’ silence, lies etc. Improperlyobtained evidence. Evidence in rebuttal. Functions of judge and jury.READINGTextbooks:Munday, EvidenceCross and Tapper, EvidenceRoberts and Zuckerman, Criminal EvidenceSprack, A Practical Approach to Criminal ProcedureHungerford-Welch, Criminal Procedure and SentencingBlackstone’s Statutes on Evidence (latest ed), plus Faculty supplement52


Further reading:May and Powles, Criminal EvidenceAshworth, The Criminal ProcessZander, The Police and Criminal Evidence Act 1984Eggleston, Evidence, Proof and ProbabilityReview of the Criminal Courts (Auld, LJ)Roberts and Redmayne, Innovation in Evidence and Proof: Integrating Theory, Research and TeachingPractitioners’ books (for reference):Phipson, EvidenceArchbold, Criminal Pleading, Evidence and PracticeBlackstone’s Criminal PracticeSpencer, Bad CharacterSpencer, Hearsay Evidence in Criminal ProceedingsPAPER 26. EUROPEAN UNION LAW1. Constitutional issues:(a)(b)(c)(d)The objectives, structure and legal character of the European Union in the light of the existing Treaties and withreference to the Treaty of Lisbon.The interplay between the political institutions (European Council, Council, Commission and EuropeanParliament) in the EU’s legislative process, and the issues this raises for the democratic legitimacy for theEuropean Union; forms of EU legislation.The organising principles of the legal order: primacy and direct effect; the attribution of powers, subsidiarity,proportionality; general principles of law.Protection of fundamental rights, with particular reference to the EU Charter of Fundamental Rights.2. Remedies:(a)(b)Proceedings before the Court of Justice: references for preliminary rulings; actions for annulment; actions fordamages against a Union institution and enforcement actions against Member States (outline only).Remedies in national courts: the extent of Member States’ procedural autonomy; Factortame (No. I) and itsaftermath; Francovich and its aftermath.3. The internal market:(a)(b)Free movement of goods: the customs union and the common market; customs duties and charges havingequivalent effect; discriminatory internal taxation; quantitative restrictions and measures having equivalenteffect; the effect of the Keck line of case law; justifications for national restrictions on freedom of movement (notincluding intellectual property rights); the effect of the Unfair Commercial Practices Directive on Keck.Free movement of persons: free movement of workers; freedom of establishment (not including mutualrecognition of qualifications, directives or company law); freedom to provide services; citizenship of the Union.READING53


Foster, EU Legislation (2010-2011)Barnard, The Substantive Law of the European Union: The Four Freedoms (3rd ed)Craig and de Búrca, EU Law: Text, Cases and Materials (4th ed)Craig and de Búrca, The Evolution of EU LawHartley, The Foundations of European Community Law (7th ed)Weatherill, Cases and Materials on EC Law (9th ed)Wyatt and Dashwood’s European Union Law (5th ed)http://europa.eu (general EU home page)http://curia.europa.eu (Court of Justice home page)PAPER 40. COMMERCIAL LAW1. Commercial sale of goods.2. International sales and associated methods of finance.3. Agency.4. Assignment of choses in action.5. Security over personal property: possessory and non-possessory forms of security and other legal devices whicheffectively create a security interest.Questions will not be set on the statutory provisions relating to the registration of company charges.READINGRecommended 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 due October 2010)Bowstead and Reynolds on Agency (19th ed due September 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 LAW54


1. Introduction: sources; history, personal scope, territorial effect.2. Making the contract of employment: express and implied terms, incorporation of terms from collective agreementsand works rules; changes in terms of employment; proof of terms. Duties of co-operation and fidelity.3. Termination of employment: with and without notice; wrongful dismissal; unfair dismissal; economic restructuring(and TUPE), redundancy.4. Worker representation: trade union freedom and recognition; information, consultation and collective bargaining;collective and workforce agreements.5. Industrial action: freedom to strike; effect of industrial action on the contract of employment and employment rights.6. Equality and prohibition of discrimination: concepts of direct and indirect discrimination; grounds of unlawfuldiscrimination; exceptions, enforcement, equal pay; duties on public authorities.7. Work-life balance: family-friendly policies, working time.READINGTextbook (essential):Deakin and Morris, Labour Law (5th ed 2009)Collins, Ewing and McColgan, Labour Law (2nd ed 2005)Materials: (which should be brought to all classes and may be taken into the examination)Blackstone’s Statutes on Employment Law (latest ed) orButterworths’ 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)(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)55


PAPER 42. INTELLECTUAL PROPERTY1. Introduction: nature and objectives of intellectual property, and its justifications. International relations.2. Copyright: types of copyright, authorship and ownership, originality, scope of economic rights and exceptions, moralrights (excluding droit de suite and performers’ rights), remedies. Copyright and digital technology (includingcomputer programs and databases in outline only).3. Confidential information (including trade secrets and private information): legal basis; requirements for protection;exceptions (focusing on fair dealing, public interest, and incidental inclusion); remedies.4. Rights in trade marks and names: Protection at common law: passing off (including personality and charactermerchandising, extended passing off). Registrability, loss of rights, scope of protection. Remedies.5. Patents: Scope and objectives. Validity, infringement, ownership and dealing. Impact of biotechnology.READINGGeneral 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 LAW1. Legal structures for business. Forms of business association contrasted; advantages and disadvantages ofincorporation; ‘public’/’private’ companies; corporate personality.2. ‘Lifting the corporate veil’, with special emphasis on (i) abuse of limited liability (ii) corporate groups.3. The company’s constitution. Section 33 contract; amendment of articles; shareholders’ agreements.4. Management. The company’s officers and organs; division of power between board and general meeting; residualpowers of general meeting; general meetings and resolutions; board meetings; legal rules governing theenforceability of transactions with companies.5. Directors. Appointment and tenure; executive and non-executive directors; remuneration; duties.6. Principle of majority rule and protection of minorities at common law and under statute.56


7. Capital, class rights and creditor protection. Rules governing raising and maintenance of capital and dissipation ofcorporate assets; alteration of rights attaching to shares; adjustment of prior transactions as part of insolvencyproceedings; fraudulent and wrongful trading and misfeasance.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, corporatesecurities regulation, procedural aspects and formalities of liquidation, administration and receivership.READINGIntroductory:Davies, Introduction to Company Law (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 (8th ed)For Reference:Arden and Prentice, Buckley on the Companies Acts (loose-leaf)Birds et al, Boyle and Birds’ Company Law (7th ed)Davies, Introduction to Company LawFerran, Principles of Corporate Finance LawHannigan, Company Law (2nd ed)Kershaw, Company Law in Context: Text and MaterialsLord Millett et al, Gore-Browne on Companies (loose-leaf)Lowry and Dignam, Company Law (5th ed)Lowry and Reisberg, Pettet’s Company Law (3rd ed)Morse et al, Palmer’s Company Law (loose-leaf)PAPER 44. ASPECTS OF OBLIGATIONS1. Concurrent liability in contract, tort and unjust enrichment.57


2. Property torts (conversion and trespass) and bailment.3. Economic torts: inducing a breach of contract, conspiracy and intentionally causing loss by unlawful means.4. Necessitous intervention.5. Illegality as a bar to claims in contract, tort and unjust enrichment.6. Unjust enrichment: the nature of the claim, enrichment, absence of basis, mistake, failure of consideration, necessityand defences.7. Restitution for wrongs.8. Reliance-based claims: estoppel and indemnity.9. Subrogation, contribution and recoupment.READINGIntroductory:O’Sullivan and Hilliard, The Law of Contract (3rd ed 2008)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 (28th ed 2002)Neyers, Bronaugh and Pitel, Exploring Contract Law (2009)Rogers, Winfield & Jolowicz on Tort, (17th ed 2006)McBride and Bagshaw, Tort Law (3rd ed 2008)Burrows and Peel (eds), Commercial Remedies (2003)Weir, Economic Torts (1997)Carty, An Analysis of the Economic Torts (2001)Goff and Jones, Law of Restitution (7th ed 2009)Burrows, The Law of Restitution (2nd ed 2003)Virgo, Principles of the Law of Restitution (2nd ed 2006)Birks, Unjust Enrichment (2nd ed 2005)Palmer, Bailment (3rd ed 2009)Cooke, The Modern Law of Estoppel (2000)Spence, Protecting Reliance (1999)Burrows (ed), English Private Law (2nd ed 2007)Green and Randall, The Tort of Conversion (2009)Kortmann, Altruism in Private Law (2005)PAPER 45. CONFLICT OF LAWS1. Introduction: the structure of the Conflict of Laws.2. Jurisdiction of the English courts under the European Regulation on jurisdiction and enforcement of judgments andat common law. The staying of actions.3. Anti suit injunctions.58


4. Recognition and enforcement of foreign judgments at common law and under the European Regulation.5. Obligations:(a) Contractual(b) Non-contractual6. 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 throughoutthe syllabus.Regard will be had to leading American and Commonwealth authorities, where appropriate. These will be used toillustrate 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, administrationof estates, succession, marriage, recognition of foreign divorces and children.READINGStudents are recommended to read one of the following:Cheshire and North, Private International Law (14th ed 2008) orClarkson 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 LAWThe course will cover the following areas:1. Comparative Legal Study and Methods(i) Purposes and methods of comparative law(ii) The origins and modern development of English, French and German laws(iii) Legal professions and institutions2. Harmonisation of Law in EuropeHarmonisation: Examples from the Principles of European Tort Law and the Draft Common Frame of Referenceprojects: responsibility for others and causation3. Tort and Delict in England, France and Germany(i) Fault and Strict Liability(ii) Concurrence of liability in contract and tort59


(iii)Causation4. Contracts in England, France and Germany(i) Formation and the enforceability of promises(ii) Factors vitiating consent (principally mistake)(iii) Content of contractual obligations(iv) Principles of good faith(v) Treatment of third parties5. Unjust enrichment (in outline only)READINGBooks marked with * should be available in your College LibraryGeneral:* 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 (2002)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:60


* 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. JURISPRUDENCE1. The philosophical debate about the nature of law. Theories of natural law. Natural law and legal positivism.2. Analytical legal positivism. Modern critics of legal positivism.3. Theories of adjudication.4. Classical legal positivism and analytical legal positivism.5. Theories of Justice.6. Liberalism and shared morality.READINGIntroductory:Harris, Legal Philosophies (2nd ed)Simmonds, Central Issues in Jurisprudence (3rd ed)Students may wish to purchase the following:Dworkin, Law’s EmpireFinnis, Natural Law and Natural RightsFuller, The Morality of LawHart, The Concept of LawHart, Law, Liberty and MoralityRawls, A Theory of JusticeFor reference:Alexy, The Argument from InjusticeAllan, Constitutional JusticeDevlin, The Enforcement of MoralsDworkin, A Matter of PrincipleDworkin, Taking Rights SeriouslyDworkin, Justice in RobesGeorge, Making Men MoralHart, Essays in Jurisprudence and PhilosophyHart, Essays on BenthamKramer, In Defense of Legal PositivismMacCormick, Legal Reasoning and Legal TheoryMill, On LibertyNozick, Anarchy, State and Utopia61


Rawls, Political LiberalismRawls, Justice as Fairness: A RestatementRaz, Ethics in the Public DomainSimmonds, Law as a Moral IdeaPaper 48. Prescribed Subjects (Half-papers)CIVIL PROCEDURE1. Formal Proceedingsfundamental principles of civil procedureaims and framework of the Civil Procedure Rules (1998)access to justice and CFAs, costshuman rights and procedurepre-trial applications and remediesdisclosure and privilegesexpertshearings, trial, res judicata, enforcement, and appealsmulti-party and complex proceedings2. Alternative Civil JusticeADR:(i) mediation(ii) arbitrationREADINGThe Hon. Mr Justice Lightman, Civil Litigation in the 21 st Century (1998) 17 Civil Justice Quarterly 373-394Jacob, 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 CivilProcedure (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, 6Andrews, The Modern Civil Process (2008)Andrews, Contracts and English Dispute Resolution (2010) Part IICranston, How Law Works (2006) (pp. 35-211 – useful background)COMPETITION LAW1. Introduction to competition law. The theory of competition and relevant economic principles. Overview of EU andUK competition law.2. The foundations of EU competition law: scope of application of Articles 101 and 102 TFEU; levels of enforcement ofEU competition law; the relationship between EU and national competition law; the notion of undertaking in Articles101 and 102 TFEU; the jurisdiction of the Commission in the application of Articles 101 and 102 TFEU.62


3. Anti-competitive agreements, decisions and concerted practices (Article 101(1) TFEU). Agreements. Decisions byassociations of undertakings. Concerted practices. Apparent unilateral behaviour. Effect on trade betweenMember States. The Commission de minimis Notice. Anti-competitive object or effect. The sanction of nullity inArticle 101(2) TFEU.4. Article 101(3) TFEU. The 2010 Umbrella Block exemption regulation on vertical agreements. The ‘rule of reason’ inEU competition law.5. Abuse of dominant position (Article 102 TFEU). The definition of the relevant market. Dominance. Abuse.Examples of exploitative and anti-competitive abuse. Collective dominance and oligopoly.6. The enforcement of EU Competition law. Regulation 1/2003. National enforcement of EU Competition law.7. UK competition law. The Competition Act 1998. Substantive provisions. The Chapter I prohibition on anticompetitiveagreements, decisions and concerted practices that may affect trade within the UK. The Chapter IIprohibition on abuses of dominant position that affect trade within the UK. Procedural provisions. The EnterpriseAct 2002.READINGTextbooks:Graham, EU and UK Competition Law (2010) (*)Whish, Competition Law (6th ed 2008) (*)Johnston and Slot, An Introduction to Competition Law (2006)Furse, Competition Law of the EC and UK (6th ed 2008)Goyder and Albors-Llorens, Goyder’s EC Competition Law (5th ed 2009)Lane, EC Competition Law (2001)Korah, Introductory Guide to EC Competition Law and Practice (9th ed 2007)Jones and Sufrin, EC Competition Law (4th ed 2010)Craig and de Búrca, EU Law (4th ed 2007)Dashwood and Wyatt, EU Law (5th ed 2006)Statute book:Blackstone’s UK and EC Competition Documents (latest ed)Reference:Korah, Cases and Materials on EC Competition Law (3rd ed 2006)Odudu, The Boundaries of EC Competition Law (2006)Taylor, EC and 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)63


Rodger and McCulloch, The UK Competition Act: A New Era for UK Competition Law (2000)Specialist journals:European Competition Law Review (ECLR)Competition Law MonitorLAW AND LEGAL CHANGE IN THE TUDOR PERIODThis paper considers questions of legal change in England in the Tudor period, that is, between 1485 and 1603. Thecourse is divided into three sections: a short introductory section, and two roughly equal larger sections, as follows:1. Introduction: The ‘medieval inheritance’ and the themes of the course2. Particular change in municipal lawThis part of the course will examine two areas of change, one legislative, the other common law:(a) legislation: the Statute of Uses 1536, the Statutes of Wills 1540 and 1542;(b) common law: the action on the case of words; indebitatus assumpsit; ejectment for freeholders and copyholders.3. ‘The Broader Plane’This part of the course considers aspects of the ‘broader plane’ of new ways of thinking about the legal process andthe jurisprudence of the courts:(a) changes in fact-handling by the judges; the disappearance of oral tentative pleading; the rise of special verdictsand motions in banc;(b) changes in understanding of the role of the judges, and in expectations of the judges on the part of litigants andtheir advisors; the movement from ‘doctrine’ to ‘jurisprudence’; continued life in the ‘common learning’;(c) changes in the nature and function of law reporting;(d) the thesis that England was ‘sailing with the jurisprudential tide’ in comparison with changes in continentalEurope in this period.READINGGeneral texts:Baker, An Introduction to English Legal History (4th ed 2002)Detailed texts:Baker, English Law and the Renaissance [1985] CLJ 46Baker, The Law’s Two Bodies (2001), chs 1 and 3Baker, Oxford History of the Laws of England, vol 6, 1483-1558 (2003), ch 1English Law and the RenaissanceBaker and Milsom (eds), Sources of English Legal History (2nd ed 2010) (relevant parts) (primary source material forreference)64


Further guidance on reading will be given during the course.LANDLORD AND TENANT LAW1. The history and politics of statutory regulation of the residential landlord-tenant relationship.2. The regulation of residential tenancies in the private and public sectors: in particular security of tenure and grounds forpossession, rent control and rent setting, and statutory succession. Lectures will cover both the existing law (Rent Act1977, Housing Act 1988 and Housing Act 1985) and the Rented Homes Bill.3. Civil and criminal liability for harassment and unlawful eviction of residential occupiers.4. Protection of business tenants: Landlord and Tenant Act 1954, Part II.5. Human rights in the landlord and tenant context.READINGLaw Faculty’s Statutes on Landlord and Tenant (2009-2010)Rented Homes Bill 2007 (and Explanatory Notes)Allen, Property and the Human Rights Act 1998 (2005)Arden, Carter and Dymond, Quiet Enjoyment: Remedies for Harassment, Illegal Eviction and Other Anti-social Behaviour(6th ed 2002)Bridge, Assured Tenancies (1999)Bright, Landlord and Tenant Law in Context (2007)Bright (ed), Landlord and Tenant Law: Past, Present and Future (2006)Cowan and McDermont, Regulating Social Housing (2006)Evans and Smith, The Law of Landlord and Tenant (6th ed 2002)Davey, Landlord and Tenant Law (1999)Hughes and Lowe, Public Sector Housing Law (3rd ed 2000)Hughes, Davis, Matthew and Jones, Text and Materials on Housing Law (2004)Madge and Sephton, Housing Law Casebook (4th ed 2008)Morgan, Aspects of Housing Law (2nd ed 2007)Rodgers, Housing Law: Residential Security and Enfranchisement (2002)Rook, Property Law and Human Rights (2001)Sparkes, A New Landlord and Tenant (2001)Wilkie, Luxton, Morgan and Cole, Landlord and Tenant Law (5th ed 2006)Reference:Arden and Hunter, Manual of Housing Law (8th ed 2007)Halsbury’s Laws of England (5th ed, vol. 27(1)), Landlord and TenantHill and Redman’s Law of Landlord and Tenant (loose-leaf), Division B: Business TenanciesReynolds and Clarke, Renewal of Business Tenancies (3rd ed 2007)Woodfall, Landlord and Tenant (loose-leaf), vol. 2, ch. 22: Business Tenancies65


Law Commission, Renting Homes: The Final Report (vols. 1 and 2) (Law Com No 297, May 2006)MEDIA LAW1. Media freedom: theoretical foundations and practical protection in England and the ECHR2. Privacy and breach of confidence3. Defamation, especially Reynolds privilege4. Contempt of court (including the protection of journalistic sources and the conflict between freedom of press and theright to a fair trial)5. Freedom of information6. Obscenity and censorship7. Reporting legal proceedings8. The structure and control of the UK media, including:• Media ownership rules• Self-regulation of the press• Statutory regulation of the broadcast mediaREADINGFenwick and Phillipson, Media Freedom Under the Human Rights Act (2006)Carey, Media Law (3rd ed 2004)Robertson and Nicol, Media Law (4th ed 2002)Curran and Seaton, Power without responsibility: the press and broadcasting in Britain (1997)Gibbons, Regulating the Media (2nd ed 1998)Relevant chapters from:Arlidge, Eady and Smith, Arlidge, Eady and Smith on Contempt (3rd ed 2005)Barendt, Freedom of Speech (2005)Beatson and Cripps, Freedom of Expression and Freedom of Information: Essays in Honour of Sir David Williams (2000)Crauford Smith, Broadcasting Law and Fundamental Rights (1997)Feldman, Civil Liberties and Human Rights in England and Wales (2nd ed 2002)Hitchens, Broadcasting Pluralism and Diversity: A Comparative Study of Policy and Regulation (2006)Tugenhat and Christie (eds), The Law of Privacy and the MediaJournals:Media LawyerEntertainment Law ReviewEntertainment and Media Law Reports66


EUROPEAN HUMAN RIGHTS LAW1. Introductory(a) European Convention on Human Rights(i) Historical development(ii) Institutional structure(iii) Procedure(b) The inter-relationship among the European Convention on Human Rights, international human rights law, EUlaw and UK domestic law as regards human rights2. Selected Issues(a)(b)(c)(d)(e)(f)Right to lifeFreedom from torture and ill-treatmentHuman rights and private lifeFreedom of expression and assemblyFreedom of religionEquality and non-discriminationREADINGSuggested 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)Oetheimer (ed), Freedom of Expression in Europe: Case Law Concerning Article 10 of the European Convention onHuman Rights (2007)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)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 EuropeanCourt of Human Rights (2004)Reports of cases under the European Convention on Human Rights include:Publications of the European Court of Human Rights, Series ADecisions and Reports of the European Commission on Human RightsEuropean Human Rights Reports67


Human Rights Case DigestHuman Rights Law JournalButterworths Human Rights CasesJournals covering issues of European human rights law include:European Human Rights Law ReviewHuman Rights Law JournalNetherlands Quarterly of Human RightsHuman Rights QuarterlyInternational and Comparative Law QuarterlyPublic LawLAW OF TAXATIONThis half-paper provides an introduction to and conceptual framework for the dynamic area of tax law. The focus is on abasic 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 taxissues. The purpose of this course is to provide a basic understanding and appreciation of when important tax issuesarise and the likely outcome.1. Inheritance Tax (excluding trusts)2. Income Tax general principles, total income, tax rates3. Employment income4. Business income5. Capital gains tax6. Taxation of companies and dividends7. Tax minimisation and avoidanceREADINGText: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)For reference:68


Whiteman, Income TaxWhiteman, Capital Gains TaxMcCutcheon, Inheritance TaxStatute Books:Butterworths Yellow Tax Handbook (latest ed) orCCH Tax Statutes (latest ed)Note: Students will be provided with extracts from relevant statutes for exam purposes and are not expected to purchasethese statutes.HISTORICAL FOUNDATIONS OF THE BRITISH CONSTITUTION1. Medieval structures of government: kingship, royal administration, parliament, Magna Carta.2. State-building in the 16th and 17th centuries: royal and parliamentary sovereignty, conciliar administration, Welshunion, confessional government, the Glorious Revolution.3. Constitutionalism during the ‘long’ 18th century: ministerial and royal executives, Anglicanism and the state,Scottish and Irish unions, parliamentary reform.READINGSuggested texts:Lyon, Constitutional History of the United Kingdom (2003)Background texts:Warren, The Governance of Norman and Angevin England 1086-1272 (1987)Brown, The Governance of Late Medieval England 1272-1461 (1989)Lockyer, Tudor and Stuart Britain, 1471-1714 (2004)Hill, The Early Parties and Politics in Britain 1688-1832 (1996)Students will be directed to specific secondary materials in conjunction with particular lecture topics. Relevant originalmaterials will be provided.PERSONAL PROPERTY1. The definition and nature of property and of personal property; the range of proprietary interests which can becreated at law and in equity; specific assets distinguished from fungibles and funds; proprietary character ofincorporeal property (choses in action); introduction to the phenomenon of de-physicalisation of property, explainedby reference to money and corporate securities.2. The character of money explained from the perspectives of economic and legal history; economic conceptions ofmoney and their status in private law; concepts of payment, discharge and legal tender.69


3. Title at common law and in equity, and the implications of the principle of relativity of title, explained by reference tocases on finding of lost chattels.4. Selected original means of acquiring title to choses in possession and choses in action:(i) mixtures of chattels and money.(ii) creation of property rights by overreaching and unauthorised substitution.5. Derivative transfers of title:(i) the distinction between contract and conveyance in common law and civilian legal theory.(ii) transfers of title to choses in possession.(iii) transfers of incorporeal money through payment systems, and their proprietary consequences.(iv) Nemo dat and selected exceptions, particularly the currency of money.6. Defective transfers; the proprietary consequences of void and voidable transfers:(i) at law.(ii) in equity, including the relevance of resulting trusts to defective transfers.(iii) relationship with remedies founded on unjust enrichment.7. The resolution of priority disputes:(i) competing legal and equitable claims to personal property.(ii) competing equitable claims to personal property.8. Shares and corporate securities:(i) nature.(ii) acquisition.(iii) transfer, including transfer through electronic settlement systems, such as CREST.(iv) security interests.(v) destruction.9. The protection of title to choses in possession and choses in action:(i) the property torts, with special reference to conversion; enforcement of title to money at law and in equity.(ii) recovery in specie (self-help; recaption; court action).10. Bankruptcy, execution and distress:(i) vesting of property in the trustee in bankruptcy.(ii) recovery of property transferred at an undervalue; preferences.READINGIntroductory:Bridge, Personal Property Law (3rd ed 2002)Proctor, Mann on the Legal Aspect of Money (6th ed 2005), Ch. 1Ferguson, The Ascent of Money (2008)General:70


Crossley Vaines, Personal Property (5th ed 1973)Fox, Property Rights in Money (2008)Goode, Commercial Law (3rd ed 2004)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)71


Exemption from Professional Examinations in England and WalesBoth 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 havepassed the following seven ‘FOUNDATION’ subjects:1. Constitutional and Administrative Law [Paper 2]2. Contract [Paper 10]3. Criminal Law [Paper 3]4. Land Law [Paper 11]5. Tort [Paper 4]6. Trusts [Equity] [Paper 24]7. The Law of the European Union [Paper 26]Exemption from these subjects will be given to a Cambridge law graduate who has taken and passed them in his or herCambridge examinations. A graduate who has not passed all seven subjects in his or her Cambridge examinationsshould enquire of the Solicitors Regulation Authority (SRA) or the Bar Standards Board to discover how he or she maytake the ‘missing’ subjects. Students wishing to gain exemption in the foundation subjects must study law at Cambridgefor a minimum of two years before graduating; this is in line with professional regulations which require a student to havespent at least one half of his or her time during a degree course on the study of law. In addition, all students seekingexemption 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 theBar Standards Board, Education and Training Departments, 289-293 High Holborn, London, WC1V 7HZ Tel: 020 76111444.Applications for Exemption (Solicitors Regulation Authority). Applications for exemption may be made to theSecretary of the SRA, Ipsley Court, Berrington Close, Redditch, Worcestershire B98 0TD, Tel: 0870 606 2555 on a formobtainable from the Secretary of the SRA.Block Exemption Certificates. The Law Faculty Office automatically forwards the names of potential solicitors eligiblefor exemption to the SRA. Names for this list are collected by Directors of Studies two to three months before thebeginning of the Tripos examinations. The college list is then forwarded to the Faculty Office for consolidation andonward transmission to the Law Society. If for any reason a person’s name is omitted from the list, the person so omittedmay apply to the Law Faculty Office for an individual certificate.72


Master of LawThe LLM Course. The LLM (Master of Law) is a postgraduate course in selected legal topics intended primarily for thosewho wish to pursue further legal studies after completing their first degree in law. It is a full-time, one-year taughtcourse which lasts three terms, starting at the beginning of October and finishing at the end of the following June. Itis a residential course which follows a prescribed timetable. It is therefore not possible to start the course at anyother 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 coursescombine 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 asubstantial amount of work on their own aided by reading lists circulated at lectures. The LLM is an advanced course forlaw graduates, not an introduction to the common law and therefore students who are new to the common law should beprepared to do some preparatory work. It should be noted that non-common law graduates might have difficulty withsome papers which assume some knowledge of common law. The LLM is taught and examined on the basis thatstudents 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’sresearch courses. Students who wish to continue to a research course in law at Cambridge following successfulcompletion of the LLM are required to apply separately by the relevant deadline for the diploma or degree sought. It maybe 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 highstandards 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 equivalentfrom 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 inaddition to their degree they have either undertaken substantial relevant professional legal experience or have obtained aprofessional legal qualification with the equivalent of a First Class result. However, a first degree in law is the preferredpreparation 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 currentlystudying for an LLM from a UK institution.As will be appreciated, a considerable command of the English language is required for the course. Therefore, werequire 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 requirement: 637 in the paper-based TOEFL test with 5.5 in the Test ofWritten English; the minimum score must be achieved in both parts of the test in the same sitting. A TOEFL score withoutthe Test of Written English is not acceptable. Internet-based TOEFL test: minimum score: 110 overall, with at least 25 ineach of the individual components of reading, speaking, listening and writing.All applications must be made through the University’s Board of Graduate Studies, using one of the following methods:Online application through the Board of Graduate Studies website at:http://www.admin.cam.ac.uk/univ/gsprospectus/applying/online.html73


Paper application available to download from the Board of Graduate Studies website at:http://www.admin.cam.ac.uk/univ/gsprospectus/applying/paper.htmlThe closing date for paper applications for the LLM course is 1 December in the year preceding the year in which youwish to start the course. Therefore the deadline for the 2011 entry course is 1 December 2010. You should be awarethat applicants who are offered a place on the LLM course by the Faculty of Law also have to be accepted formembership by one of the colleges.The LLM Examination. LLM students take four papers from the options offered by the Faculty. Students are free tochoose any four subjects, except in cases where constraints of the timetable limit this choice. The LLM programme offersa broad curriculum including a range of topics in international law, European Union law and commercial law. Thesubjects prescribed for the academical year 2010-2011 are stated overleaf. The subjects offered by the Faculty mightvary from year to year in the light of changes to Faculty policy or personnel and therefore the Faculty cannot guaranteethat any of the subjects listed for 2010-2011 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 beexamined by a three-hour written examination, a two-hour written examination together with an assessed essay of notmore than 7,000 words, or by a supervised thesis of not more than 18,000 words. Certain courses, designated asseminar courses, are examined solely be means of a thesis of not more than 18,000 words. It is not possible to submittwo theses, therefore a candidate may not offer a thesis in lieu of a written examination in addition to following a seminarcourse.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) respectivelyplaced against their name in the class list to indicate that they have specialised in that area of law. The LLMexaminations take place at the end of May and the beginning of June.For further information on Postgraduate courses and degrees see page 112, below.74


Subjects Prescribed for 2010-2011Paper 2. International Commercial TaxPaper 3. International Commercial LitigationPaper 4. The Law of RestitutionPaper 10. Corporate GovernancePaper 11. Criminal Justice – Players and ProcessesPaper 12. Intellectual PropertyPaper 13. Contemporary Issues in the Law of European IntegrationPaper 14. Competition LawPaper 15. International Environmental LawPaper 17. EU Trade LawPaper 18. External Relations Law of the European UnionPaper 20. Law of Armed Conflict, Use of Force and PeacekeepingPaper 21. Settlement of International DisputesPaper 23. The Law of the World Trade OrganizationPaper 24. International Criminal LawPaper 25. International Human Rights LawPaper 26. Civil Liberties and Human RightsPaper 29. History and Philosophy of International LawPaper 30. JurisprudencePaper 31. Topics in Legal and Political PhilosophyPaper 32. Commercial EquityPaper 33. Comparative Family Law and PolicyPaper 34. Philosophy of Criminal LawPaper 35. History of English Civil and Criminal LawPaper 36. International Intellectual Property LawPaper 38. Seminar Papers:Comparative LawPublic LawEuropean Social Rights and Economic Integration75


Form of Examination and Designation of LLM Papers 2010-2011Paper No.Name of Paper Form of Examination DesignationPaper 2. International Commercial Tax t c & ePaper 3. International Commercial Litigation 3 c & ePaper 4. The Law of Restitution t cPaper 10. Corporate Governance t cPaper 11. Criminal Justice – Players and Processeses, tPaper 12. Intellectual Property es, t c & ePaper 13. Contemporary Issues in the Law of European Integration t ePaper 14. Competition Law 3 c & ePaper 15. International Environmental Law 3 iPaper 17. EU Trade Law t ePaper 18. External Relations Law of the European Union t ePaper 20. Law of Armed Conflict, Use of Force and Peacekeeping 3 iPaper 21. Settlement of International Disputes t iPaper 23. The Law of the World Trade Organization es, t c & iPaper 24. International Criminal Law t iPaper 25. International Human Rights Law t iPaper 26. Civil Liberties and Human RightsesPaper 29. History and Philosophy of International Law t iPaper 30. Jurisprudence 3Paper 31. Topics in Legal and Political Philosophy 3Paper 32. Commercial Equity t cPaper 33. Comparative Family Law and PolicytPaper 34. Philosophy of Criminal LawtPaper 35. History of English Civil and Criminal LawtPaper 36. International Intellectual Property Law es, t c, e & iPaper 38. Dissertations in the Seminar Course may, if appropriate, be assigned a letter of designation by the FacultyBoard.Designation of Paper:c = Commercial Lawe = European Lawi = International LawExplanation 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 theFaculty Board, exceed 18,000 words including footnotes and appendices, but excluding bibliography, on a topic approvedby the Faculty Board which falls within the scope of one of the following seminar courses prescribed for 2010-2011:Comparative LawPublic LawEuropean Social Rights and Economic Integration76


(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 fallswithin 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 excludingbibliography. 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 ofsubstituting a thesis or a two hour examination and an essay.(f) In 2010-2011 there are no subjects which may be examined only in the form of a written paper of two hours’ durationtogether with the submission of an essay of not more than 7,000 words, including footnotes and appendices but excludingbibliography, 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 thematerial covered in lectures. The syllabuses for the academic year 2010-2011 are published in this booklet. It is mostimportant 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 allowedunless a student has a very good reason such as a physical disability. Students who wish to tape a lecture must obtainthe permission of the lecturer concerned before doing so. It should be noted that copyright is held by the Faculty for alllectures and lecture handouts and that students are not permitted to reproduce these in any form. Any unauthorisedreproduction 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) isplagiarism; 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 referredto the Proctors. It may then be brought before the University’s Court of Discipline, which has the power to deprive culpritsof membership of the University and to strip them of any degrees awarded by it. Information on plagiarism, including theUniversity’s Statement on Plagiarism, can be found at www.admin.cam.ac.uk/univ/plagiarism/students/. The Faculty ofLaw requires all coursework to be submitted electronically as well as in hard copy. The Faculty uses anti-plagiarismsoftware in the manner described in a document entitled ‘Student information and consent form for the use of Turnitinsoftware 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 2011. At the beginning of each academical year the FacultyBoard of Law gives notice of the statutes and other materials that candidates may use in examinations in the followingEaster Term, and copies of this notice can be obtained from the reception desk in the Law Faculty Building as well asfrom Directors of Studies. Candidates are forbidden to bring into any examination any materials other than thosespecified. In particular, it will specify whether a given paper is to be in ‘closed book’ or ‘open book’ format. In a ‘closedbook’ examination no materials may be taken into the examination, other than those prescribed (such as copies ofstatutes). In an ‘open book’ examination candidates have greater latitude as to what they may take into the examinationas outlined below.77


‘Open Book’ Papers. Where a paper has been designated as an ‘open book’ paper, candidates are permitted to takethe following materials into the examination: (i) any materials supplied in class by lecturers (e.g. handouts, problemquestions, and photocopied extracts from printed sources); (ii) any materials prepared by themselves, including materialphotocopied without breach of copyright (e.g. a student’s notes, photocopies of reported cases or published articles, orphotocopied extracts from published books which represent no more than 10% of the whole book, thereby complying withthe rules concerning copyright). Notices detailing the relevant rules concerning copyright are located adjacent to everyphotocopying machine in the Faculty Building; (iii) material specified in the Faculty’s notice on the ‘Use of Statutes andOther Materials’, which will be published in the Michaelmas Term (e.g. a statute or collection of statutes); (iv) a bilingualdictionary. Electronic dictionaries are not permitted.It is never permissible to take a textbook (or casebook) into an examination - a textbook will never be designated aspermitted material. Nor is it permissible in an ‘open book’ examination to use a photocopy of an entire textbook (to makesuch 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, anyform of marking – including annotations, highlighting, circling and underlining – is prohibited. It is also forbidden to attachanything to or place anything within the permitted materials: this means, inter alia, that the use of tabs, post-it notes andstickers is prohibited. The proviso referred to above is that candidates may write their name and the name of theircollege 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 ofExaminers, the Examinations Secretary or the Examiner responsible for the conduct of the examination concerned willdecide 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 disciplinaryproceedings 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 shouldcandidates 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 noother. Such materials will be available from the Law Faculty Office and will be stamped ‘For use in Examinations in2011’.Prizes. The following prizes may be awarded each year for outstanding performance in the LLM Examination:The BRD Clarke Prize for the Best Overall PerformanceThe Chancellor’s Medal for English LawThe George Long Prize for JurisprudenceThe George Long Prize for Roman LawThe Clive Parry Prize for International LawThe Clive Parry Prize (Overseas) for International LawThe Clifford Chance C.J. Hamson Prize for Comparative LawThe Gareth Jones Prize for Restitution78


Chancellor’s Medal. The following papers have been designated for the purposes of the Chancellor’s Medal for EnglishLaws in 2010-2011:Paper 3. International Commercial LitigationPaper 4. The Law of RestitutionPaper 10. Corporate GovernancePaper 12. Intellectual PropertyPaper 26. Civil Liberties and Human RightsPaper 30. JurisprudencePaper 32. Commercial EquityPaper 33. Comparative Family Law and PolicyPaper 34. Philosophy of Criminal LawPaper 35. History of English Civil and Criminal LawPaper 38. The Faculty Board may in addition deem a thesis submitted for a seminar course under Paper 38 to be apaper in English Law and Legal History for this purpose.79


LLM : Syllabuses and Lists of Recommended ReadingPAPER 2. INTERNATIONAL COMMERCIAL TAXThis course concerns the clash of different countries’ income tax systems that arises from international commercialtransactions. An initial objective of this course is to discuss how these clashes arise and to consider the types of lawsand international obligations that may have an impact. The primary method used to resolve international income taxissues is double tax treaties based on the OECD Model (although the UN and other models will be considered at variouspoints during the course). Therefore, a primary objective of this course is to study the policy and scope of the OECDModel with reference to international commercial transactions. Within the EU, aspects of the scope and principles ofinternational taxation (as reflected in domestic law and tax treaties concluded between Member States) are beingchallenged before the ECJ as contrary to the fundamental freedoms in the FEU Treaty. Another primary objective of thiscourse is to consider the decisions of the ECJ insofar as they affect the levy of income taxes on international commercialtransactions within the EU. These two reference points (the OECD Model and EU law) are compared in order to gain adeeper understanding of each body of rules.The OECD Model does not comprehensively regulate many important issues and has not been adopted by countries on auniform basis. So a further objective is to analyse the limitations inherent in the OECD Model, how treaties diverge fromthe Model in practice, how these limitations and divergence give rise to international tax planning opportunities (andpotential double taxation) and whether and how EU law resolves these issues in an EU context. Gaps in the OECDModel are filled by domestic legislation. A further objective is to study the types of domestic rules that fill these gaps andhow they integrate (or not) with double tax treaties and EU law. Where domestic legislation is relevant, reference will bemade to UK tax legislation but discussion may cover and participants will be encouraged to elaborate on any experiencethey have with other countries’ income tax systems.PART I: Introduction1. Overview and Sources of Law: Domestic Legislation, Double Tax Treaties, EU Law (specified aspects).2. Interpretation: Approaches to Treaty Interpretation and the Jurisprudence of the ECJ.3. Competing Jurisdictions to Tax: Source vs. Residence.4. Principles Governing Relief from International Double Taxation.PART II: Source Country Taxation1. Source Country Entitlement and Non-Discrimination vs. Tax Competition.2. Taxation of Business Profits.3. Taxation of Dividends, Interest and Royalties.4. Taxation of Capital Gains and Employment.5. Quantification, Characterisation and Reconciliation Issues: Transfer Pricing and Thin Capitalisation.PART III: Residence Country Taxation1. Relief from International Double Taxation: Exemption vs. Foreign Tax Credits.2. Deferral by and Economic Double Taxation of Companies: Controlled Foreign Companies and Underlying ForeignTax Relief.3. Relief for Foreign Losses.PART IV: The Limited Scope of Treaties and Basic International Tax Planning80


1. Mismatches in Characterisation of Entities and Income, Quantification and Timing.2. Triangular Problems: Base Companies, Limitation of Benefits, Dual Residence, Double Dipping Deductions and TaxHavens.PART V: Bilateral Administrative Issues1. Exchange of Information.2. Mutual Agreement Procedure.READINGTexts:Harris and Oliver, International Commercial TaxVan Raad (ed), Materials on International and EU Tax Law (latest ed)International Books:Arnold and McIntyre, International Tax Primer (2002)Ault et al, Comparative Income Taxation (3rd ed)Baker, Double taxation conventions: a manual on the OECD Model Tax Convention on Income and on CapitalFarmer and Lyal, EC Tax LawOgley, Principles of International TaxVogel on Double Taxation ConventionsStatutes:Butterworths Yellow Tax Handbook (latest ed) orCCH Tax Statutes (latest ed)PAPER 3. INTERNATIONAL COMMERCIAL LITIGATIONThe English Courts enjoy a unique position in the resolution of international commercial disputes. Of the cases heard bythe Commercial Court in London, many involve at least one foreign party and many concern disputes neither party towhich is English. A reflection of London’s prominence in worldwide trade and commerce, especially in the areas ofbanking, shipping and insurance, the international flavour of English commercial litigation ensures that the CommercialCourt is truly an international forum. If commercial litigation in the English courts is thus of concern to anyone concernedwith international trade and commerce, the subject has acquired fresh significance in recent years. Britain’s membershipof the European Union has brought with it participation in a number of treaties regulating crucial aspects of litigationpractice. This ensures that the study of English commercial litigation is as much the study of European law as the studyof English national law.The purpose of the Cambridge course in International Commercial Litigation is to examine the law and practice ofcommercial 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 ofstrategy and practice, as much as on the law itself, and on the function of litigation procedure as a framework withinwhich parties may settle their differences. Teaching in the course is practical and interactive. Assignments, normally81


ased upon one or two leading cases, will be set in advance of each meeting and supplemented by additional, follow-upreading.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 topicsreceive special attention:1. Introduction to international litigation: the strategy and practice of forum selection. The dynamics of internationallitigation. The operation of the Commercial Court.2. The jurisdiction of the English Courts: jurisdiction and the staying of actions. The traditional approach of Englishlaw. The 1968 Brussels Convention on jurisdiction and enforcement of judgments.3. Granting interim relief: the nature and extent of Mareva Injunctions.4. The applicable law in commercial disputes: choice of law in contract.5. Foreign proceedings and the English courts: Negative declarations. Antisuit injunctions. The enforcement offoreign judgements.READINGChs. 10 to 16 of Cheshire and North’s Private International Law (13th ed 1999) offer an excellent introduction to somecentral themes of the course. Although somewhat specialised in nature, the following readings provide additional insightsinto the nature and concerns of the subject:Collins, The Territorial Reach of Mareva Injunctions (1989) LQR 262 (the classic study of an important remedy ininternational disputes)The Spiliada [1987] AC 460; [1986] 3 All ER 843 (the landmark case in the law of international jurisdiction)Adams v. Cape Industries Plc [1990] Ch. 433; [1991] 1 All ER 929 (a case concerning the enforcement of a US judgmentin England)PAPER 4. THE LAW OF RESTITUTION1. Introduction: An analysis of the nature and ambit of the law of restitution and the essential principles on which thesubject 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. Thenotion of enrichment being at the expense of the claimant. The principles underlying the recognition of grounds ofrestitution. Absence of basis or presence of basis?3. The grounds of restitution:(a) Mistake. Whether ignorance is a ground of restitution. Specific defences to restitutionary claims grounded onmistake.(b) Failure of consideration: total, partial and absence of consideration.(c) Recovery of benefits conferred under compulsion: duress of the person, duress of goods, economic duressand legal compulsion.82


(d)Recovery of benefits conferred by exploitation: undue influence, undue pressure and unconscionability.4. Topics within unjust enrichment(a) Restitutionary claims brought against public authorities.(b) Anticipated contracts.5. Proprietary restitutionary claims:(a) Analysis of the underlying principles.(b) Identification of legal and equitable proprietary bases.(c) Following and tracing rules.(d) Proprietary claims and remedies.(e) Personal claims and remedies to vindicate proprietary rights.(f) The defence of bona fide purchase.6. General defences and bars:(a) Estoppel.(b) Change of position.(c) Ministerial receipt.(d) Passing on.(e) Illegality.(f) Limitation periods.7. Restitution for wrongdoing:(a) Analysis of the underlying principles.(b) Restitution for torts.(c) Restitution for breach of contract.(d) Restitution for equitable wrongdoing.READINGIntroductory:Hedley, A Critical Introduction to Restitution (2001)Main texts:Burrows, The Law of Restitution (2nd ed 2003)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)83


Goff and Jones, The Law of Restitution (7th ed 2009)Chitty on Contracts (30th ed 2008) ch 29Further 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 10. CORPORATE GOVERNANCE1. Overview of key corporate governance matters. Corporate governance as a topic for study. Defining corporategovernance. Emergence of corporate governance as an important issue. Tiers of regulation. The separation of84


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. Appointmentand removal of directors. Shareholder meetings. Shareholder remedies.4. Non-executive directors. The role of non-executive directors (in general). The potential contribution of nonexecutivedirectors to good corporate governance. Reform themes. The Combined Code. Evaluating corporategovernance reforms concerning non-executives.5. Executive pay. Essential components (salary, share options etc). Criticisms of current arrangements. Judicialregulation. The board of directors and the setting of executive pay. Guidance on the configuration of executive pay.Statutory disclosure. Shareholder voting. Additional regulation?6. Shareholders and corporate governance. Promotion of shareholder involvement in corporate governance.Individual shareholders. Institutional shareholders and the bias in favour of passivity. Recent trends in institutionalactivism. ‘Offensive’ shareholder activism.7. Private equity. Taking companies ‘private’. Comparing private equity with conglomerates. Private equity’scorporate governance model. Private equity and the dominance of the publicly traded company. Private equity andthe strengthening of corporate governance.READINGThere will not be a main textbook or casebook for the course. Detailed reading lists will be supplied during the course ofthe year.The following will be useful sources of reference:Chambers, Tottel’s Corporate Governance Handbook (4th ed)Cheffins, Company Law: Theory, Structure and OperationCheffins, Corporate Ownership and ControlDavies, 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)85


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 introductorybook (e.g. Davies, Introduction to Company Law) before starting the course.PAPER 11. CRIMINAL JUSTICE: PLAYERS AND PROCESSESEvaluating 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.READINGTextbooks:Ashworth, Sentencing and Criminal Justice (4th ed 2005)Ashworth and Redmayne, The Criminal Process (3rd ed 2005)Cavadino and Dignan, The Penal System: An Introduction (4th ed 2007)Easton and Piper, Sentencing and Punishment: The Quest for Justice (2nd ed 2008)Padfield, The Criminal Justice Process (4th ed 2008)Sanders and Young, Criminal Justice (3rd ed 2006)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 (2nded 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)Zedner, Criminal Justice (2004)Many official and unofficial Reports and other documents.Students will be directed to specialist reading for individual topics.PAPER 12. INTELLECTUAL PROPERTY86


1. Introduction: Types of IPRs. National effect and international relations. Movements for regional rights andinternational harmonisation. Problems of enforcement.2. Patents for inventions: Subject matter, interpretation, validity, infringement. Entitlement and dealings. Employees’inventions. Abuse of monopoly.3. Confidential information: trade secrets, governmental and personal secrets – bases and scope of protection.4. Trade marks, names, get-up, etc: common law liability.5. Trade mark registration: objectives; registrability; continuing validity; infringement.6. 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.7. Intellectual Property in the EU: freedom to move goods and provide services.READINGIntroductory: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 INTEGRATIONThe course provides a space on the syllabus for discussion of topical issues in EU law, and thus for students to developan academic understanding of the debates which are preoccupying politicians and the media. The content of the courseis necessarily flexible but this year will focus on four issues: the functioning and reform of the EU’s system of judicialprotection, 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) Seminar on the basic legal provisions concerning the ECJ (preliminary rulings, actions for annulment, etc)(ii) Proposals for procedural/substantive/structural reform of the ECJ(iii) Different perspectives on the ECJ and its role (judicial activism, political science, economics)(iv) Examining the role of the ECJ and its interaction with national systems in different sectors of judicial activity(eg consumer law, free movement law)87


2. The EU’s system for human rights protection(i) The evolution of human rights at EU level(ii) The Court’s approach to human rights, looking in particular at Kadi, Mangold, Bartsch and Kucukdeveci(iii) The Charter, the ‘opt-out’, general principles of law and the relationship with the ECtHR(iv) Doing things with rights: the principle of equality3. (De)pillarisation(i) The Evolution of EU Law: Lisbon and Depillarisation(ii) The Evolution of Judicial Control in the (old) Intergovernmental Pillars(iii) EU Criminal Law(iv) The terrorism cases4. Competences in the EU(i) Competences and the Lisbon Treaty, including questions of legitimacy(ii) Subsidiarity and proportionality(iii) Delegation of powers(iv) Federalism questionsREADINGBackground 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 (4th ed 2007)Hartley, The Foundations of European Union Law (7th ed 2010)Hinarejos, Judicial Control in the European Union (2010)Wyatt and Dashwood’s European Union Law (5th ed 2006)Specialised reading lists will be provided by the lecturers on different issues.PAPER 14. COMPETITION LAW1. Introduction to Competition Law. Development of competition law from the 1890 Sherman Act to the 1957 ECTreaty. Competition policy as part of the single market objective. Interaction of national and EC 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 andNotices.3. Collusion between undertakings (Article 101 TFEU). The general prohibition of agreements restrictive ofcompetition. Decisions by associations of undertakings. Concerted practices. Effect on trade between MemberStates. Vertical and horizontal agreements. Consequences of breach.4. The Rule of Reason. Block Exemptions. Criteria for exemption. Examples of individual exemption. The blockexemption system. The Block exemption regulations on horizontal agreements. Selective and exclusive distribution88


agreements and franchising agreements. Reform of the treatment of vertical restraints. The 2010 umbrella blockexemption for vertical agreements. The Commission’s Guidelines on vertical and horizontal agreements.5. Abuse of a Dominant Position (Article 102 TFEU). Concepts of relevant market, dominance, abuse. Joint dominance.6. Mergers. The EU Merger Regulation.7. Competition Law Procedure. The new enforcement regulation (Regulation 1/2003)8. Enforcement of EU Competition Law at National Level. Direct effect of EC competition law. Private enforcementbefore national courts. Available remedies. Preliminary references. Role of the national competition authorities.9. Public Undertakings and the application of 106 TFEU.READINGTextbooks:Jones and Sufrin, EC Competition Law: Text, Cases and Materials (4th ed 2010)Whish, Competition Law (6th ed 2008)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 EC Competition DocumentsReference: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 MonitorPAPER 15. INTERNATIONAL ENVIRONMENTAL LAWThis course introduces students to international environmental law and considers how international law may be used tofacilitate environmental protection. The first part of the course (Michaelmas Term) commences with an overview of theinternational legal system in the context of environmental protection. It then discusses the history, development, sourcesand principles of international environmental law and reviews the role of the UN and other international organisations in89


the context of environmental protection. Next, it reviews key issues (atmospheric protection, climate change,transboundary water, biodiversity and international forest law) to analyse the creation, implementation and effectivenessof international environmental law.The second part of the course (Lent term) analyses particularly complex international environmental issues. Using casestudies which may include hazardous waste, nuclear energy and biotechnology, it explores damage, liability and disputesettlement in an international environmental context, discusses the role of international litigation, and analyses therelationship between environmental protection and international trade law.1. History and Development of International Environmental Law (IEL)2. Sources and Principles of IEL3. Atmospheric Protection4. Climate Change5. Transboundary Water6. Biodiversity Agreements I7. Biodiversity Agreements II8. International Forest Law9. Environment and Trade I10. Environment and Trade II11. International Environmental Litigation I12. International Environmental Litigation II13. Hazardous Waste14. Nuclear Energy15. Biotechnology16. Emerging Trends in IELREADINGThe 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)Cassese, International Law (2nd ed 2005)Dixon, Textbook on International Law (6th ed 2007)Evans (ed), International Law (2nd ed 2006)Lester and Mercurio, World Trade Law: Text, Materials and Commentary (2008)Lowe, International Law (2008)Merrils, International Dispute Settlement (4th ed 2005)Sands and Klein, Bowlett’s Law of International Institutions (6th ed 2009)Shaw, International Law (6th ed 2008)PAPER 17. EU TRADE LAW1. Introduction to the Law.90


The theory of EU trade law. The rationale underpinning free trade; the need for Union regulation; the form that thisregulation 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 caselaw on free movement of workers and establishment; the nineties: Keck, Gebhard and Alpine; recent developmentsand 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 and106) including specific examples such as the regulation of sports and professions; the right to provide or receivehealth services.Regulating the internal market. Legal basis, the different methods of regulation (exhaustive harmonisation, minimumharmonisation, 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 provisionson goods and persons; the relevance of non-economic factors.Consumer protection.The Role and Development of EU Consumer Law; Harmonising Directives and MarketIntegration; the Relationship between Consumer Law and Competition Law.READINGThe specific text for this course is Barnard, The Substantive Law of the EU (3rd ed 2010) for the first and part of thesecond 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)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)Poiares Maduro, We the Court: the European Court of Justice and the European Economic Constitution: a CriticalReading of Article 30 of the EC Treaty (1998)McCrudden, Buying Social Justice (2007)Statutes:Blacktone’s EC Legislation (2010-2011)Additional specific legislation will be made available during the course as required. Subject to the usual rule as toannotations, such material may be taken into the examination.Specialist Journals:European Law ReviewCommon Market Law ReviewEuropean Law Journal91


European Competition Law Review (ECLR)PAPER 18. EXTERNAL RELATIONS LAW OF THE EUROPEAN UNION1. Introduction: the European Union and its institutions; the two spheres of EU external relations competence.2. The general law of EC external relations: legal personality and Treaty-making power; the principle of limited andspecific attribution of external competences; express and implied attribution; the relationship between EC andMember State competence (exclusive, concurrent and shared competence); negotiating, concluding andimplementing international agreements; international agreements in the internal legal order of the EC; ‘mixed’agreements.3. The Common Commercial Policy (CCP): scope of the CCP; the EC in the World Trade Organisations (WTO).4. The Common Foreign and Security Policy (CFSP) and the European Security and Defence Policy (ESDP): legalframework and financing; legal instruments; the interface with EC external relations competence.5. Cross-pillar mechanisms: economic sanctions; controlling the exportation of dual-use goodsREADINGCremona 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 ChangingLandscape (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 20. LAW OF ARMED CONFLICT, USE OF FORCE AND PEACEKEEPINGThis paper deals with two interrelated aspects of international law:(a)(b)the legality of use of force and the role of United Nations forces (ius ad bellum); andthe law of armed conflict (ius in bello).There are separate courses of lectures on each of these two elements1. The United Nations and the Use of Force by states:(a)The unilateral use of force:(i) The United Nations Charter provisions(ii) The scope of self-defence(iii) Protection of Nationals abroad(iv) Intervention by invitation(v) The use of force against global terrorism(vi) Humanitarian Intervention92


(b)The system for collective measures:(i) Chapter VII of the United Nations Charter(ii) Express and implied authorisation of force(iii) The Development of Peacekeeping through the practice of the United Nations(iv) The Constitutional Basis for UN forces(v) Chapter VIII and the use of force by regional organisations(c)Case Studies:Kosovo, Afghanistan, Iraq, Israel/Lebanon2. The Law of Armed Conflict(a)(b)(c)(d)(e)(f)(g)(h)(i)Basic principles and sources of the law of armed conflictClassification of conflictsCombatant statusThe conduct of combat and the protection of combatants and civiliansLegal control of weaponsThe protection of cultural property and of the natural environmentSpecial rules relating to naval and air warfareBelligerent occupationDissemination and implementation of the law of armed conflictREADINGThe United Nations and the use of force by states:Alexandrov, Self-defence against the Use of Force in International Law (1996)Arend and Beck, International Law and the Use of Force (1993)Brownlie, International Law and the Use for Force by States (1963)Cassesse (ed), The Current Legal Regulation of the Use of Force (1986)Dinstein, War, Aggression and Self-Defence (4th ed)Franck, Recourse to Force (2002)Gray, International Law and the Use of Force (3rd ed 2008)Higgins, UN Peacekeeping 1946-67, 4 vols.Kondoch (ed), International Peacekeeping (2007)Lowe, Roberts, Welsh and Zaum, The UN Security Council and War (2008)Schacter, ‘In defence of International Rules on the Use of Force’ 1986 Chicago Law Review 113Certain Expenses Advisory Opinion, 1962 ICJ ReportsNicaragua v. USA, 1986 ICJ ReportsThe Legality of the Use of Force. 1999 ICJ ReportsThe Legality of Nuclear Weapons, 1996 ICJ ReportsOil Platforms, 2003 ICJ ReportsDRC v. Uganda, 2005 ICJ ReportsWall Advisory Opinion 2004 ICJ ReportsThe Law of Armed Conflict:93


Crawford, The Treatment of Combatants and Insurgents (2010)Dinstein, The Conduct of Hostilities under the Law of International Armed Conflict (2004)Doswald-Beck (ed), San Remo Manual on International Law applicable to Armed Conflicts at Sea (1995)Duffy, The War on Terror and the Framework of International Law (2005)Greenwood, Essays on War in International Law (2006)Henckaerts and Doswald-Beck, Customary International Humanitarian Law (2005)Moir, The Law of Internal Armed Conflict (2002)O’Keefe, The Protection of Cultural Property in Armed Conflict (2006)Roberts and Guelff, Documents on the Laws of War (3rd ed 2000)Rogers, Law on the Battlefield (2nd ed 2004)Solis, The Law of Armed Conflict (2010)UK Ministry of Defence, Manual of the Law of Armed Conflict (2004)Advisory Opinion on Nuclear Weapons 1996 ICJ ReportsNicaragua Case 1986 ICJ ReportsTadic Case jurisdiction 105 ILR 419; trial 112 ILR 1; appeal 124 ILR 61Advisory Opinion on Wall in Palestinian Territory 2004 ICJ ReportsPAPER 21. SETTLEMENT OF INTERNATIONAL DISPUTES1. Introduction to International Courts and Tribunals(i) History and development of international adjudication and arbitration(ii) The modern system of international courts and tribunals(iii) Classifications and terminology(iv) The function and scope of procedural rules(v) The public/private divide in dispute resolution involving state parties2. Jurisdiction(i) General principles: competence-competence; forum prorogatum; separability of dispute resolution clauses;jurisdiction ratione materiae, ratione personae and ratione temporis(ii) Specific issues for the vesting of jurisdiction: reliance upon the optional clause (ICJ); existence of aninvestment (investment treaties & ICSID); reliance on an MFN clause to expand jurisdiction (investmenttreaties)3. Admissibility(i) Distinction between jurisdiction and admissibility(ii) Absence of a necessary third party(iii) Diplomatic protection: nationality of claims and exhaustion of local remedies(iv) Investment treaty arbitration: contracts claims versus treaty claims; derivative claims by shareholders4. Justiciability and Arbitrability(i) The doctrine of non-justiciability of political disputes(ii) The subject matter of disputes that can be submitted to arbitration (arbitrability): e.g. the problem of illegaltransactions5. Applicable Laws(i)Characterisation94


(ii)(iii)(iv)(v)(vi)Law applicable to substantive issues, jurisdiction and admissibility, arbitrability, arbitration clause, procedure,capacity of parties, issues of state responsibility.The doctrine of municipal laws as facts before international courts and tribunalsInternational public policyProblems of treaty interpretation before international courts and tribunalsChoice of law problems in investment treaty arbitration6. Provisional Measures(i) Source of power to grant provisional measures(ii) Relationship with jurisdiction over the merits(iii) Circumstances relevant to granting provisional measures(iv) Enforceability of provisional measures7. Remedies in International Adjudication(i) The three forms of reparation: restitution, compensation, declaratory judgments(ii) Problems of restitution(iii) Problems of compensation: differentiating between the remedial consequences following from a breach ofdifferent substantive obligations8. Challenge of International Decisions and Recognition and Enforcement of International Decisions(i) Challenge before the ICJ(ii) Challenge before the municipal courts at the seat of the arbitration(iii) The special case of ICSID annulment proceedings(iv) The UN Charter and the constituent documents of international courts(v) The New York Convention on the Recognition and Enforcement of Arbitral Awards9. Denial of Justice(i) The modern conception of denial of justice in international law(ii) Exhaustion of remedies as a substantive requirement(iii) Is denial of justice limited to a review of procedural aspects of the trial or hearing before the municipal court?(iv) Denial of justice in investment treaty arbitration10. Overlapping Jurisdictions and the Fragmentation of International Law(i) The problem of overlapping jurisdictions and techniques to resolve jurisdictional conflicts(ii) Is the proliferation of international courts and tribunals leading to the fragmentation of international law? Doesit matter?READINGThere 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. Thefollowing introductory text is recommended reading before commencement of the lectures:Collier and Lowe, The Settlement of International Disputes (1999)Extensive reference will be made to the following text and students may wish to obtain their own copy:95


Douglas, The International Law of Investment Claims (2009)Statute:Students should obtain their own copy of:Evans, Blackstone’s International Law Documents (any 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)Merrills, International Dispute Settlement (4th ed, 2008)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 ORGANIZATIONThe World Trade Organization (WTO) is the primary organization in the field of economic globalization. WTO law governsthe rights of governments to regulate international trade in goods and services and requires them to protect intellectualproperty. The WTO has an active dispute settlement system which, since 1995, has produced a substantialjurisprudence.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 tofocusing 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. Aspecial 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 familiarwith its rules and jurisprudence.The course presumes no prior knowledge of economics or trade policy. It is an advantage, though not mandatory, to havea 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 themechanism of trade negotiations and the core WTO principles in goods and services as well as the non-economicexceptions to WTO obligations. Based on this knowledge of substantive WTO law, the course discusses the WTO disputesettlement system, including the relationship between WTO law and other parts of the international legal system (forexample, environmental and human rights law).96


The second part of the course covers more specialized subjects, including the regulation of product standards and of foodsafety 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 existformally 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 theregulation of regional trade agreements. We round off the course with a seminar discussing those areas in which regionaltrade agreements go beyond the subjects covered by the WTO.READINGThere are various textbooks and casebooks on WTO law. This course recommends the purchase of at least one of thetextbooks 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 readingand recommended reading. The mandatory reading will be mainly primary materials in the form of treaty texts, subsidiaryWTO instruments and dispute settlement reports (ie the cases). It is essential to bring these materials to class. The treatytexts 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. 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 andbrought to class. These can be lengthy. Unfortunately the Law Faculty is unable to subsidise printing costs. The materialslisted 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 greatlyassist 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)A more critical book is:97


Unger, Free Trade Reimagined (2007) and also available at http://press.princeton.edu/chapters/s_8473.pdfThere are numerous other books on globalization, but many of these tend not to focus on free trade, as such, or do notdo 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 theWorld 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 databaseat http://docsonline.wto.org. Another useful site for primary material and commentary is www.worldtradelaw.net, and theblog on this site is a useful source for identifying current disputes in the field of international trade. There are alsonumerous 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 24. INTERNATIONAL CRIMINAL LAWPart I. ‘Horizontal’ international criminal law(a) National jurisdiction to prescribe criminal laws(b) National jurisdiction to enforce criminal lawsPart II. ‘Vertical’ international criminal law1. The substantive international law(a)(b)(c)(d)(e)(f)The concept of an international crimeCrimes under customary international law (i): generalCrimes under customary international law (ii): imposing responsibilityCrimes under customary international law (iii): excluding responsibilityTreaty crimes (i): generalTreaty crimes (ii): focus on treaty-based responses to terrorism2. Enforcement(a)(b)(c)(d)(e)(f)International crimes in municipal law and courts (i): imposing and excluding responsibilityInternational crimes in municipal law and courts (ii): immunity and inviolabilityInternational crimes in municipal law and courts (iii): amnesties and statutes of limitationInternational criminal tribunals (i): the International Criminal Tribunals for the former Yugoslavia and RwandaInternational criminal tribunals (ii): the Special Court for Sierra LeoneInternational criminal tribunals (iii): the International Criminal Court98


(g)(h)International criminal procedure: focus on the rights of the accusedThe role of the UN Security CouncilREADINGFaculty materials, containing relevant instruments and documents, are provided.A detailed reading list is appended to each lecture handout. The following general works are referred to:Cassese, International Criminal Law (2nd 2008)Cassese, Gaeta and Jones (eds), The Rome Statute of the International Criminal Court: A Commentary (2002)Cassese (ed), The Oxford Companion to International Criminal Justice (2009)Cryer et al, An Introduction to International Criminal Law and Procedure (2nd ed 2010)Mettraux, International Crimes and the Ad Hoc Tribunals (2005)Ratner, Abrams and Bischoff, Accountability for Human Rights Atrocities in International Law. Beyond the NurembergLegacy (3rd ed 2009)Schabas, An Introduction to the International Criminal Court (3rd ed 2004)Schabas, The UN International Criminal Tribunals: The Former Yugoslavia, Rwanda and Sierra Leone (2006)Schabas, The International Criminal Court. A Commentary on the Rome Statute (2010)Werle, Principles of International Criminal Law (2nd ed 2009)In addition, the following websites are useful:http://www.icty.org (International Criminal Tribunal for the former Yugoslavia)http://www.ictr.org (International Criminal Tribunal for Rwanda)http://www.icc-cpi.int (International Criminal Court)http://www.sc-sl.org (Special Court for Sierra Leone)PAPER 25. INTERNATIONAL HUMAN RIGHTS LAWThe main focus of this course is on the ideas and concepts that inform international human rights law and practice, andon the relationship between human rights and other contemporary phenomena and processes. The course does not aimto cover the field of human rights exhaustively, rather to concentrate on certain areas examining them from a variety ofangles (theoretical, historical, doctrinal, etc). Overall the aim is to acquire a critical knowledge of central aspects ofinternational human rights law, and an ability to contextualise and problematise them.Examples of themes that will run through the course are:1. Theoretical and philosophical dimensions;2. The ‘War on Terror’;3. Social justice and human rights;4. Institutions and processes;5. Human rights adjudication.The provisional order of classes is as follows:1. Introduction to the Idea of Human Rights2. Liberalism99


3. Sceptics and Critics I4. Sceptics and Critics II5. Structure of the human rights regime and enforcement6. Right to Life and Livelihood7. Right to Property8. Economic and Social Rights9. Indigenous rights10. Self-determination and Democracy11. Multiculturalism and Human Rights12. Arbitrary Arrest and Detention in National Emergencies13. Freedom from Torture and Ill-Treatment14. Freedom of Movement15. Refugee Rights16. Women’s RightsREADINGThere 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 RIGHTSThe course is based upon the United Kingdom Law and practice relating to civil liberties and human rights, consideredagainst the background of the European Convention on Human Rights. Comparative reference is made whereappropriate to relevant parts of the law in the United States of America, Germany, South Africa, Canada and Australia.Particular attention is paid to the philosophical foundations of civil liberties and the nature of rights. The courseaddresses the central question of how civil liberties and human rights are and should be protected within a constitutionalstructure 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. The nature of Civil Liberties and Human Rights in the UK.2. Terrorism.3. Right to Life.4. Torture and Article 3 ECHR.5. Freedom of Religion6. Equality7. Theories of Free Speech8. Freedom of Assembly and Public Order.9. Privacy10. Law of obscenity11. Right to Vote12. Political participation access to the mediaREADING100


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 LawBailey, 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 LawHarris, 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)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)Feldman, Civil Liberties and Human Rights in England and Wales (2nd ed 2002)Feldman (ed), English Public Law (2nd ed 2009)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 29. HISTORY AND PHILOSOPHY OF INTERNATIONAL LAW101


The course provides an opportunity to conduct in-depth analyses of fundamental philosophical issues in international law,by placing them in their historical and socio-political context. The course does not set out to offer an exhaustive overviewof the subject, but rather to examine certain aspects of the philosophy of international law in detail. A basic knowledge ofthe main areas of public international law is desirable.The course will be divided into two parts, each comprising both history and philosophy. The first part will be devoted to anexamination of statehood and sovereignty, while the second will cover legal and political theories of war and peace.Statehood, Sovereignty and the Foundations of the International Order:Historical origins of the stateRepublicanism: Bodin, Machiavelli and RepublicanismGrotius and HobbesPufendorf, Wolff, VattelHegel and the HegeliansXX Century Debates on Sovereignty and the State Contemporary debates on sovereigntyThe state and sovereignty in the XX centuryTheories of War and Peace:Peace treaties and international law in European historyVitoria and SuarezGrotius and HobbesRousseau and KantModern theories of war and peace IModern theories of war and peace IIInternational law and the abolition of war in the XX centuryREADINGThere is no set textbook for this course, but the following books will be used frequently:Besson and Tasioulas (eds), The Philosophy of International Law (2010)Boucher, Political Theories of International Relations (1998)Crawford and Koskenniemmi (eds), Cambridge Companion to International Law (2011)Reichberg, Syse, and Begby (eds), The Ethics of War (2006)Tuck, The Rights of War and Peace (2000)PAPER 30. JURISPRUDENCEThis course addresses some of the central problems in the philosophy of law: questions such as the nature of law, thenature 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. The Aristotelian tradition of political thought, and early-modern departures from Aristotle: Hobbes and Grotius.2. Classical legal positivism: Hobbes and Bentham.3. Classical common law theories.102


4. Modern analytical legal positivism: Hart.5. Critics of legal positivism: Dworkin, Fuller.6. Modern theories of justice: Rawls.7. Liberalism and public morality: Rawls, Devlin, Hart.8. The natural law tradition: Aquinas and Finnis.Twentieth century debates will be addressed within the context of the broader traditions of philosophical thoughtconcerning law and justice. Continuities and discontinuities between the historic tradition and the modern debates will beacknowledged. The possibility that modern versions of the philosophical debate are to some extent impoverished ormisconceived will be considered.The course is suitable both for those who have already studied jurisprudence or philosophy of law, and for those with noprevious knowledge of the subject.READINGReading 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 qq57-62Bentham, An Introduction to the Principles of Morals and LegislationDworkin, Law’s EmpireFinnis, Natural Law and Natural RightsHart, The Concept of LawHart, Law, Liberty and MoralityHobbes, LeviathanRawls, A Theory of JusticePAPER 31. TOPICS IN LEGAL AND POLITICAL THEORYThis course explores five major topics in legal and political philosophy that are not covered by the LLM Jurisprudencecourse. Though the two courses nicely complement each other, each can be studied perfectly well in isolation from theother.1. Freedom(i)(ii)(iii)(iv)(v)(vi)(vii)What is freedom? What are the different varieties of freedom?Is the republican conception of freedom genuinely different from the negative conception?Is freedom a measurable property? If so, how can it be measured?Is the concept of freedom bivalent or trivalent?How do the workings of legal systems affect people’s freedom?Is freedom, as a political ideal, integrally connected to the rule of law?Is the value of freedom dependent on the value of justice?2. Rights(i)(ii)(iii)In what does a legal right consist?How do rights differ from other legal positions such as liberties and powers?How do we identify the holders of legal rights?103


(iv)(v)(vi)(vii)Is either utilitarianism or Kantianism helpful for understanding the nature of legal rights?Does the identification of legal rights depend on moral judgments?Can children have any legal rights? Can animals have such rights?Can nonexistent beings such as dead people and members of future generations have any legal rights? Whendo such rights exist (if at all)?3. Legal Objectivity(i)(ii)(iii)(iv)(v)(vi)What are the sundry dimensions of legal objectivity?Can legal objectivity obtain in different degrees?Is the objectivity of the law desirable?How does the property of objectivity relate to Fuller’s principles of legality?How is law’s moral authority connected to the property of objectivity?Do issues relating to objectivity have any bearing on broader jurisprudential debates?4. Capital Punishment(i)(ii)(iii)(iv)(v)What are the principal arguments for and against the death penalty?Is the administration of capital punishment morally defensible?Must a theory of capital punishment be an offshoot of a general theory of punishment?How do debates over capital punishment illuminate broader controversies over consequentialism versusdeontology?How do debates over capital punishment connect with moral philosophers’ theories of evil?5. The Obligation to Obey the Law(i) Is there a comprehensive defeasible moral obligation to obey the law?(ii) When there is a moral obligation to obey the law, what are the factors that underpin such an obligation?(iii) Is any general theory adequate to determine when laws should be obeyed and when they should not?(iv) To what extent does the benignity of a system of governance affect the existence or inexistence of anobligation to obey the law?READINGFreedom:Benn, A Theory of FreedomBerlin, Four Essays on LibertyCarter, A Measure of FreedomCarter, Kramer, & Steiner (eds), Freedom: A Philosophical AnthologyFlathman, The Philosophy and Politics of FreedomGriffiths (ed), Of LibertyKramer, The Quality of FreedomMiller (ed.), The Liberty ReaderPettit, Republicanism: A Theory of Freedom and GovernmentPettit, A Theory of FreedomSkinner, Liberty before LiberalismSteiner, An Essay on Rights104


Van Hees, Legal Reductionism and FreedomRights:Cruft, ‘Beyond the Interest Theory and Will Theory’Edmundson, An Introduction to RightsFeinberg, ‘The Rights of Animals and Unborn Generations’Finnis, Natural Law and Natural Rights, chap 8Hohfeld, Fundamental Legal ConceptionsJones, RightsKramer, Simmonds, and Steiner, A Debate over RightsKramer, ‘Getting Rights Right’MacCormick, ‘Children's Rights’Raz, The Morality of FreedomSumner, The Moral Foundations of RightsThomson, The Realm of RightsWaldron, The Right to Private PropertyWaldron (ed), Theories of RightsWellman, A Theory of RightsWenar, ‘The Nature of Rights’Legal Objectivity:Dworkin, A Matter of PrincipleDworkin, ‘Objectivity and Truth’Greenawalt, Law and ObjectivityHonderich (ed), Morality and ObjectivityKramer, Objectivity and the Rule of LawLeiter, Naturalizing JurisprudenceLeiter (ed), Objectivity in Law and MoralsMarmor (ed), Law and InterpretationMarmor, Positive Law and Objective ValuesNagel, The View from NowhereRosati, ‘Some Puzzles about the Objectivity of Law’Schauer, Playing by the RulesStavropoulos, Objectivity in LawCapital Punishment:Bedau, The Death Penalty in AmericaBedau and Cassell (eds), Debating the Death PenaltyBerns, For Capital PunishmentDavis, Justice in the Shadow of DeathDolinko, ‘Foreword: How to Criticize the Death Penalty’Haas and Inciardi (eds), Challenging Capital PunishmentNathanson, An Eye for an EyePojman and Reiman, The Death PenaltyPrimoratz, Justifying Legal Punishment105


Reiman, ‘Justice, Civilization, and the Death Penalty’Sorell, Moral Theory and Capital PunishmentSteiker, ‘No, Capital Punishment is not Morally Required’Sunstein and Vermeule, ‘Is Capital Punishment Morally Required?’van den Haag, ‘The Ultimate Punishment: A Defense’van den Haag and Conrad, The Death PenaltyWaldron, ‘Lex Talionis’The Obligation to Obey the Law:Gans, Philosophical Anarchism and Political DisobedienceGreen, The Authority of the StateGreenawalt, Conflicts of Law and MoralityHarris (ed), On Political ObligationHobbes, LeviathanHorton, Political ObligationHurd, Moral CombatKlosko, The Principle of Fairness and Political ObligationKramer, In Defense of Legal PositivismLocke, Second Treatise of GovernmentRaz, The Authority of LawSimmons, Moral Principles and Political ObligationsSoper, A Theory of LawPAPER 32. COMMERCIAL EQUITY1. Core Principles of Express Trusts and their ‘Offshore Challenge’(i)The juridical nature and function of the trust; trusts in organisational theory, including competing governancestructures for asset management through corporations and agency.Proprietary vs. contractarian aspects of trust. The relevance of default rules and the express drafting of trustterms. 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 toact in good faith; supervision by a court; enforcement by beneficiaries and limits on duration by the rule againstperpetuities).The extent to which these can be abrogated in England by exemption clauses and ousters of rights toinformation.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 Context106


(iii) Policing Commercial DealingsThe standards of conduct (primarily equitable) imposed upon parties to anticipated or actual commercialdealings. Against the backdrop of international standards proposed in the UNIDROIT Principles ofInternational Commercial Contracts: 2004, the law in common law jurisdictions will be compared andcontrasted as it bears on pre-contractual behaviour, on contract formation, performance and enforcement, andon 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, reasonableexpectations 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 commercialparties (eg franchisor and franchisee)?fidelity to the bargain and judicial review of the exercise of contractual powers and discretions, eg to vary orterminate 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 forfiduciary doctrine).The incidence and application of fiduciary duties and the appropriateness of recognising them in commercialsettings.Remedies: (1) relationship between legal and equitable liability to compensate for losses; (2) relevance ofcontributory negligence; (3) exemplary awards; (4) proprietary remedies through constructive trusts.5. PensionsBasic structure of pensions trusts; their similarities and differences from traditional private trusts. Statutory regulationof terms. Review of discretions in pension schemes. Oversight of the operation of pension trusts by regulators.Funding and deficits.READINGThere 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:107


Gardner, Introduction to the Law of Trusts (2nd ed 2003) orHayton, 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 POLICYThis course offers students the opportunity to study the principles and policies underlying modern family law, at a levelwhich is not possible in an undergraduate family law course. A comparative approach is adopted for most topics and theincreasingly relevant international dimension in family law is also explored. It is an aim of the course that family lawshould be seen in its wider social context and students are encouraged to make use of materials other than the traditionalstatutory and judicial materials. The course is sufficiently flexible to allow attention to be given to issues of immediaterelevance or particular topical interest. The areas to be covered in 2010-2011, and order of seminars, are expected to bethe following:1. Introductory meeting: overview of the course.2. Legal regulation of adult relationships.3. Same-sex partnerships.4. Gender.5. Domestic violence.6. Divorce.7. Family property and finances.8. Child support.9. Property and financial consequences of cohabitation breakdown.10. Marital agreements and other family contracts.11. Succession.12. The elderly.108


13. Parenthood and parental responsibility.14. Private law disputes relating to children.15. Child protection.16. The child in international law.READINGDetailed reading lists are issued during the course. The Squire Law Library and the University’s electronic resourcescover a wealth of international, comparative and national family law materials to which students will be referred, includingthe Commission of European Family Law’s growing series of comparative studies and its recommendations of Europeanprinciples of family law; the International Society of Family Law’s conference proceedings; the annual InternationalSurvey of Family Law; the International Journal of Law, Policy and the Family, the journal International Family Law; and arange 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 (2007), regularly updated via its companion website:http://www.oup.com/uk/orc/bin/9780199277162/ or Herring, Family Law (4th ed 2009).Shorter works include Douglas, An Introduction to Family Law and/or Probert, Cretney’s Family Law.Other useful texts include:Choudhry and Herring, Human Rights and Family LawHerring, Older People in Law and SocietyKatz, Eekelaar and MacLean (eds), Cross Currents: Family Law and Policy in the US and EnglandKilkelly, The Child and the European Convention on Human RightsScherpe and Yassari (eds), The Legal Status of Cohabitants (a comparative survey)Scherpe (ed), Marital Agreements in Comparative Perspective (forthcoming 2010)PAPER 34. PHILOSOPHY OF CRIMINAL LAWThe course is designed to explore some of the principles and doctrines underlying the criminal law. In particular, it seeksto introduce students to the philosophical (and particularly, ethical) problems that criminal law raises, and to which legalsystems presuppose certain answers. Those answers are variously criticised and defended in the course, and theprincipal aim of the course is to impart a sense of the philosophical complexity of the criminal law, especially whenconsidering two facets central to criminal law:1. The justification for and scope of the criminal sanction and questions of quanta of punishment. Why should criminalpunishment exist? What should be the scope of the criminal law? Should penalties be proportionate to theseriousness of the crime, and why so? How should the gravity of crimes be judged? How does justice inpunishment 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 criteriafor 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 theinterests of the participants. Likely topics include:109


1. Types of theoretical analysis and the need for criminal theory; the concept of a crime, and the place of morality in thecriminal law.The Reach of the Criminal Law2. The Harm Principle and remote harms.3. Offensive conduct.4. Paternalistic prohibitions.Punishing the Convicted5. The general justification for punishment.6. Proportionality of sentence.7. Gauging the seriousness of crimes.8. Just punishment and social deprivation.Responsibility for Harms9. The voluntary act requirement.10. Liability for omissions.11. Causation and moral luck.Convictions and Culpability12. Character, capacity, and choice conceptions of culpability.13. The dilemmas of self-defence.14. Duress and Necessity.15. Mistakes.16. Provocation.READINGThere 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 22Wilson, 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)110


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 LAWGenerally candidates for this paper will have included a legal history course in their first degree studies, but it is notessential to have done so. Candidates without such a background are strongly advised to undertake some preliminaryreading 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 beselected from the following areas, in the period up to 1750:1. The sources and literature of English law.2. The leading institutional and procedural developments in English law.3. The relationship between the common law and equitable, conciliar and civilian forms of justice in England.4. The history of substantive English law, both civil and criminal.This course does not include the history of constitutional law or international law.READINGIntroductory 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 LAWThe course is designed for students who already have some acquaintance with intellectual property law at a nationallevel. Since regional and international arrangements in this field are an outgrowth of national laws, comparisons betweenapproaches in those laws will form an integral part of this course.1. General(a)(b)Historical development of International Intellectual Property.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.111


2. Specific fieldsTopics to be selected from the following:(a)(b)Copyright and related rights under existing and prospective treaties and conventions (particularly Berne, WIPOTreaties, TRIPs). The challenges of the internet.Intellectual property over technology: scope of patent systems, biotechnology, access to medicines, limitationson patent rights;3. Intellectual property and global marketing:(a)(b)International arrangements concerning trade marks and unfair competition;Geographical and other denominations of origin, including types of collective marks.4. 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 COURSESThe following Seminar Courses, examined by dissertation only, will be offered in 2010-2011:Comparative LawPublic LawEuropean Social Rights and Economic Integration112


Postgraduate courses and degreesThis information is for those who are interested in studying law at postgraduate level at the University of Cambridge. Itmust be read in conjunction with the University of Cambridge Graduate Studies Prospectus which may be viewed onlineat http://www.admin.cam.ac.uk/univ/gsprospectus.Admissions enquiries:Tel. No: + 44 (0)1223 760606Fax No: + 44 (0)1223 338723E-mail: admissions@gradstudies.cam.ac.ukWebsite: http://www.admin.cam.ac.uk/univ/gsprospectus/applying/online.htmlPostal address: Board of Graduate Studies, 4 Mill Lane, Cambridge, CB2 1RZ, United KingdomIt is possible for a graduate in a subject other than law, or a law graduate from abroad, to study English law at Cambridgeat undergraduate level as an ‘affiliated student’, obtaining a BA in two years rather than the usual three. The applicationprocedure for prospective affiliated students is similar to that for undergraduates and is described in the University ofCambridge 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) andLLD. 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 foreach of these (with the exception of the MPhil in Criminology and the MPhil in Criminological Research) are outlined inthis booklet.Further information about the MPhil in Criminology, the MPhil in Criminological Research and other graduate courses inCriminology may be obtained from the Graduate Programmes’ Administrator at:The Institute of CriminologySidgwick AvenueCambridge CB3 9DTUNITED KINGDOMTel. No: + 44 (0)1223 335363Fax No: + 44 (0)1223 335356E-mail: ceb14@cam.ac.ukWebsite: http://www.crim.cam.ac.uk/coursesResidence Requirements. In order to graduate from the University of Cambridge a student must have complied withthe 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 SpecialRegulations 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 yearapart from short breaks taken between terms. Residing in the University means, for research students, living within aradius of ten miles from the centre of Cambridge. Candidates for the LLM must live within three miles of the centre ofCambridge. Further information about residence requirements can be found athttp://www.admin.cam.ac.uk/offices/gradstud/current/procedures/term.html.113


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 Octobereach year and ending in June of the following year. LLM students take four papers, each of which is generally assessedby means of a written examination. One of the four papers may instead by taken by thesis. For more information on thecurriculum see page 72 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 theequivalent from an overseas institution. For overseas students this typically means being placed in the top 5-10% of theirclass. The LLM Admissions Committee does consider applications from those with a non-Law first degree, provided thatin addition to their degree they have either substantial relevant professional legal experience or have obtained aprofessional legal qualification with the equivalent of a First class result. However, a first degree in Law is the preferredpreparation for the Cambridge LLM. Applicants whose first language is not English should take a language proficiencytest to show they have the necessary command of the English language to get the most out of the course. IELTS is theuniversity'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 theIELTS test should attain a minimum overall score of 7.5 with a minimum of 7.0 in the reading, writing, listening andspeaking components. Applicants who take the TOEFL test should attain a minimum score of 637 in the paper-basedtest plus 5.5 TWE. Applicants who take the internet based TOEFL test should attain a minimum score of 110 overall, withat 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, using either the online or paper-basedapplication method; please see http://www.admin.cam.ac.uk/offices/gradstud/admissions/. The LLM application deadlineis 1 December for admission in the following October. Late applications will not be processed.Courses of Research in LawThere are three supervised research courses open to prospective research students in the Faculty of Law. The choicebetween them depends on the level and complexity of an applicant’s proposed programme of research and the length oftime which it is likely to take to complete. It should be noted that courses of research in law at Cambridge cannot betaken part-time or by correspondence.Diploma in Legal Studies and Diploma in International Law (one year). The regulations for these diplomas aresubstantially the same. An applicant interested in writing a thesis on a topic in international law should apply for theDiploma 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 atleast three terms of residence before submitting for examination a thesis not exceeding 30,000 words, inclusive offootnotes but exclusive of appendices and bibliography, on a topic approved by the Faculty. A thesis for the diplomamust afford evidence of serious study and the ability to discuss a difficult problem critically. An oral examination may beheld. There is no course-work or taught element although students are encouraged to attend the Faculty’s ResearchTraining 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, becounted towards a research degree such as the MLitt or PhD.114


Master of Letters (two years). A candidate for the MLitt must have completed six terms of research before they can beconsidered for the award of the degree. In addition, candidates must have resided in Cambridge for a minimum of threeout of those six terms, unless permission has been granted to live elsewhere (information on ‘Leave to Work Away fromCambridge’ can be found at: http://www.admin.cam.ac.uk/offices/gradstud/current/procedures/workaway.html).Candidates are examined on a dissertation of not more than 60,000 words, inclusive of footnotes but exclusive ofappendices and bibliography. A dissertation for the MLitt must represent a useful contribution to learning and should takedue account of previously published work on the subject. Candidates are also required to attend an oral examination. Aswith the Diploma, the Faculty’s Degree Committee is responsible for approving the topic of research for each MLittcandidate and assigning a supervisor.Doctor of Philosophy (three years). A candidate for the PhD must have completed nine terms of research before theycan be considered for the award of the degree. In addition, candidates must have resided in Cambridge for a minimumof three out of those nine terms, unless permission has been granted to live elsewhere (information on ‘Leave to WorkAway from Cambridge’ can be found at:http://www.admin.cam.ac.uk/offices/gradstud/current/procedures/workaway.html). Candidates are examined on adissertation of 80,000 words exclusive of footnotes, appendices and bibliography but subject to an overall word limit of100,000 words exclusive of bibliography. As with the Diploma and MLitt, the Faculty’s Degree Committee is responsiblefor approving the topic of research for each PhD candidate and assigning a supervisor. A dissertation for the PhD mustrepresent a significant contribution to learning, for example through the discovery of new knowledge, the connection ofpreviously unrelated facts, the development of new theory, or the revision of older views, and must take due account ofpreviously published work on the subject. Candidates are required to attend an oral examination on the subject of theirdissertation 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 inLegal Studies, not as candidates for the MLitt or PhD. At the end of this probationary first year they may, on therecommendation of their supervisor and an independent assessor, and with the approval of the Faculty’s DegreeCommittee 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 providetraining in legal research. Prospective MLitt and PhD candidates are, in the first instance, registered for the Certificateunless they have successfully completed an equivalent research training course elsewhere, in which case exemptionfrom the requirement to complete the Certificate may be given. The Certificate is an integral part of the MLitt and PhDand 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 theirfirst year, are required to submit three items for a progress review: a Personal Progress Log which should demonstratean ability to plan appropriate training and research activities to a level necessary to be an independent researcher, a15,000-word dissertation (inclusive of footnotes but exclusive of bibliography and appendices) which should demonstratedue diligence and an ability to write in an appropriate scholarly manner, and a short explanation of the proposed topic ofPhD or MLitt research. Two assessors are appointed by the Faculty’s Degree Committee (normally two members of theFaculty of Law) and candidates are required to attend an oral examination. On the basis of the Assessors’ report, theFaculty’s Degree Committee recommends to the University whether or not the candidate should be registered for a PhDor MLitt.Prospective MLitt or PhD candidates who meet the requirements of the Certificate and who are permitted to proceed arenormally registered for the degree sought at the end of their first year of residence and their registration date is normallybackdated so as to include the three terms working on the Certificate.115


As part of the requirements for the Certificate, the Faculty of Law organises a Research Training and DevelopmentProgramme consisting of courses and seminars. Research students who have been granted exemption from attendingthe research training classes are nevertheless strongly encouraged to attend this programme which is also attended bymany research students at a more advanced stage of their research. The aims of the programme are to provide anintroduction to research techniques and methods in law and cognate disciplines, to provide practical guidance and adviceon the conduct of research and to encourage discussion of philosophical and theoretical issues. The programme alsoprovides 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 insocio-legal issues should attend. Further details about this programme are available from the Institute. Certain classeson social science research techniques are also shared between the Faculty and the Institute.Minimum entry requirements, how to apply and course closing datesThe minimum entry requirements for admission to any of the above research courses in Law (ie. the Diploma in LegalStudies, 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 aBritish University, or its equivalent from a University overseas, or a very good upper second class honoursdegree in Law, or a related discipline relevant to the subject of the proposed research, with, in addition, anoverall 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 thenecessary command of the English language to get the most out of the course. IELTS is the university'spreferred 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 whotake 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 637in the paper-based test plus 5.5 TWE. Applicants who take the internet based TOEFL test should attain aminimum 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 seehttp://www.admin.cam.ac.uk/offices/gradstud/admissions/. The MLitt and PhD application deadline is 30April for admission in the following October. Students should be aware that these are course closing dates andthat funding deadlines from the Cambridge Trusts are earlier. Please refer to the table of application deadlinesfor all the relevant trusts at Cambridge at http://www.cambridgetrusts.org/about-us/key-points-forpostgraduates.html.The closing date for applications for the Diploma in Legal Studies and the Diploma in International Law is 31 March foradmission in the following October, 31 May for admission in the following January and 30 September foradmission in the following April. As above, students should be aware that these are course closing dates andthat funding deadlines from the Cambridge trusts are earlier. Please seehttp://www.cambridgetrusts.org/about-us/key-points-for-postrgraduate-applicants.html for furtherinformation.116


Before applying, prospective applicants are also advised to visit the Law Faculty’s website athttp://www.law.cam.ac.uk/courses/phd.php where they will be able to view the Faculty’s document ‘Frequently AskedQuestions (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 indicationof a general area of interest (such as ‘research in international law’) will delay and may prejudice an application. Anapplicant may be required to provide an example of previous research or legal writing (whether or not published) asevidence 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 phdadmissions@law.cam.ac.uk.Degrees awarded for published workDoctor of Philosophy under the Special Regulations. The degree of PhD may also be awarded under the ‘SpecialRegulations’ to a graduate of the University of Cambridge who has submitted published work which, in the opinion of theexaminers, gives proof of a significant contribution to scholarship. The level of attainment required under the SpecialRegulations is the same as for the PhD degree awarded to a graduate student on the submission of a dissertationresulting from three years of research. A candidate for this degree is also required to attend an oral examination on thework 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 theFaculty of Law as the institution to which the published work most closely relates. The Secretary should at the same timebe provided with two copies of the published works as specified in the application, two copies of a list of these works, anda fee of £462 for the Chest. In addition to the publications submitted, the candidate should also submit his/her ownstatement 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 athttp://www.admin.cam.ac.uk/offices/gradstud/special/Doctor of Law. The degree of LLD may be awarded to a graduate of the University of Cambridge who has submittedwork which, in the opinion of the examiners, contains important and original contributions to the advancement of thescience or study of law, gives proof of his or her academic distinction, and entitles him or her to be regarded as anauthority in the field or fields of knowledge in which the work is submitted. The level of attainment required for a higherdoctorate is very substantially higher than that required for the PhD degree and its award carries great prestige within theUniversity.Candidates should make their application in writing to the Secretary of the Board of Graduate Studies specifying thepublished works on which his or her claim to the degree is based, providing a summary in not more than 500 words of thefield of research covered by these works and naming the Faculty or other approved institution within whose scope theseworks fall. The Secretary should, at the same time, be provided with two copies of the published works as specified inthe application, two copies of a list of these works, and a fee of £582 for the Chest. A substantial amount of the worksubmitted must have been published and the remainder must be printed or typewritten. An application form, togetherwith further details on the application procedure, can be found at http://www.admin.cam.ac.uk/offices/gradstud/higher/117


Teaching Members of the Faculty of Law and their Research InterestsMembers 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. EuropeanCommunity law. Competition law. (aa144@cam.ac.uk)IJ Alexander, BA, LLB (Hons) (ANU), PhD (Cantab); Robinson College; College Lecturer; Newton Trust Lecturer.Intellectual property law. Criminal law. Modern legal history. (ija21@cam.ac.uk)TRS Allan, MA, BCL (Oxon); Barrister (Middle Temple); Pembroke College; Professor of Public Law and Jurisprudence.Public law: constitutional theory; judicial review; civil liberties. Jurisprudence: legal and political theory.(trsa2@cam.ac.uk)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 ofpublic law.PJ Allott, MA, LLM, LLD (Cantab), FBA; Barrister (Gray’s Inn); Trinity College; Professor of International Public LawEmeritus. International law. Legal philosophy. European Union law. (pja1001@cam.ac.uk)NH Andrews, MA, BCL (Oxon); Bencher (Middle Temple); Clare College; Reader in Civil Justice.transnational civil procedure, mediation and arbitration; contract law. (nha1000@cam.ac.uk)English andAWE Bainham, LLB (Wales), LLM, PhD (Cantab); Solicitor; Christ’s College; Reader in Family Law and Policy. Familylaw. Children and the law. Socio-legal studies. (ab10030@cam.ac.uk)Sir John Baker, QC, LLB, PhD (Lond), MA, LLD (Cantab), Hon. LLD (Chicago), FBA; Barrister (Inner Temple and Gray’sInn), Honorary Bencher (Inner Temple); St Catharine’s College; Downing Professor of the Laws of England. Englishlegal history, especially in the early-modern period: history of the legal profession and the inns of court; legalmanuscripts. (jhb16@cam.ac.uk)CS Barnard, MA, PhD (Cantab), LLM (EUI); Trinity College; Professor of Law; Director of the LLM Course; Co-Director ofthe Centre for European Legal Studies. European Union law, labour and discrimination law. (csb24@cam.ac.uk)LA Bartels, BA (Hons), LLB (UNSW), PhD (EUI); Trinity Hall; University Lecturer; Examinations Secretary. Internationallaw. WTO law. EU law. (lab53@cam.ac.uk)DJ Bates, LLB (Reading); Solicitor; Freshfields Legal IT Teaching and Development Officer. IT-based legal researchand the application of IT in the law. Legal learning and working practices. Knowledge management, legal systems,online collaboration and social media. (db298@cam.ac.uk)JS Bell, MA, DPhil. (Oxon), FBA, QC (Hon); Pembroke College; Professor of Law (1973); Acting Director, Centre forPublic Law; Joint Coordinator of Research Methods Course for PhD Students. Comparative law. Public law.European law. Jurisprudence. (jsb48@cam.ac.uk)118


L Bently, BA (Cantab); Emmanuel College; Herchel Smith Professor of Intellectual Property Law; Director of the Centrefor 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: familyproperty; succession. (snb1000@cam.ac.uk)SC Butler, MA (Oxon), LLM (Lond), CPGS (Cantab), PhD (Lond); Solicitor; St Edmund’s College; Fellow.(scb46@cam.ac.uk)BR Cheffins, BA, LLB (Vict BC), LLM (Cantab); Trinity Hall; SJ. Berwin Professor of Corporate Law; Director, Centre forCorporate and Commercial Law. Company law. Corporate governance (legal, economic and historical aspects).(brc21@cam.ac.uk)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. (mac10@cam.ac.uk)MDJ Conaglen, LLB (Hons) (Auckland), LLM (Michigan), PhD (Cantab); Barrister and Solicitor (New Zealand); TrinityHall; University Senior Lecturer. Equity. Property. (mdc32@cam.ac.uk)WR Cornish QC (Hon), LLB (Adel), BCL (Oxon), LLD (Cantab), FBA; Bencher (Gray’s Inn); Magdalene College; HerchelSmith Professor of Intellectual Property Law Emeritus. Intellectual property law. Modern legal history: the periodafter 1750. Restitution. (wrc1000@cam.ac.uk)JR Crawford, BA, LLB (Adel), DPhil (Oxon), LLD (Cantab), SC (NSW), FBA, LLD (Hon); Jesus College; WhewellProfessor of International Law. Public international law. International arbitration. (jrc1000@cam.ac.uk)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. (aad20@cam.ac.uk)JS Davis, BA, MSc, PhD; Solicitor; Wolfson College; Herchel Smith College Lecturer in Intellectual Property Law.Intellectual property law. Criminal justice system. (jsd27@cam.ac.uk)PS Davies, BA (Cantab); Gonville & Caius College; College Lecturer. Contract law. Tort. Equity. Property law.Restitution. (psd24@cam.ac.uk)SF Deakin, MA, PhD (Cantab); Peterhouse; Professor of Law. Law and economics. Labour law. Corporategovernance. Tort law. Contract law. European Union law. (sfd20@cam.ac.uk)Z Douglas, BA, LLB (Hons) (UniMelb), BCL (Oxon); Jesus College; University Lecturer; Deputy Director of the LLMCourse. Public and private international law; international arbitration. (zd203@cam.ac.uk)A du Bois-Pedain, MJur (Oxon), Dr. iur. (Berlin), Rechtsanwaeltin (Berlin); Magdalene College; University Lecturer;Secretary of the Degree Committee. Jurisprudence. Criminal law. Medical law and ethics. Public international law.Transitional justice. (alp22@cam.ac.uk)MN Dyson, MA, PhD (Cantab); Jesus College; College Lecturer. Tort. Crime. Legal History. Comparative law. EU law.(mnd21@cam.ac.uk)119


MC Elliott, MA, PhD (Cantab); St Catharine’s College; University Senior Lecturer. Constitutional law. Administrativelaw, especially judicial review. (mce1000@cam.ac.uk)DJ Feldman QC (honoris causa), MA, DCL (Oxon), FBA; Honorary Bencher (Lincoln’s Inn); Downing College; RouseBall Professor of English Law. Public law. Human rights. (djf41@cam.ac.uk)RG Fentiman, M.A., B.C.L. (Oxon); Solicitor; Queens’ College; Reader in Private International Law; Chair of the DegreeCommittee. Conflict of laws. International civil litigation. Comparative law. Legal theory. (rgf1000@cam.ac.uk)EV Ferran, MA, PhD (Cantab); Solicitor; St Catharine’s College; Professor of Company and Securities Law. Corporatefinance law. General company law. Financial regulation. Insolvency. (evf1000@cam.ac.uk)Justice Paul Finn, LLD (Hon), Phd, LLM, LLB, FASSA; Gonville & Caius College; Arthur Goodhart Professor of LegalScience. Equity. Contract. Native title. Public law. (pdf30@cam.ac.uk)DW Fleming, MA, LLB (Cantab); Trinity Hall. Tort. Contract law. Legal theory, including sociology and anthropology.Legal education. (dwf1000@cam.ac.uk)JD Ford, MA, LLB (Glas), LLM (Penn), PhD (Cantab); Gonville & Caius College; College Lecturer. History of legalthought. Scottish legal history. (jdf10@cam.ac.uk)CF Forsyth, BSc, LLB (Natal), LLB, PhD (Cantab); Barrister (Inner Temple); Robinson College; Professor of Public Lawand Private International Law. Public law: judicial review; the judiciary. Private international law: theory andcomparative studies. Roman-Dutch law: especially suretyship and private international law. Human rights:especially in South Africa. (cff1000@cam.ac.uk)DM Fox, BA, LLB (Otago, NZ), PhD (Cantab); St John's College; University Senior Lecturer. Property, especiallyproperty in money. Monetary history. Trusts. (dmf24@cam.ac.uk)MW Gehring, LLM (Yale), PhD (Hamburg); Robinson College; College Lecturer. European Union law. International law.Trade and competition law. Sustainable development and environmental law. (mwg24@cam.ac.uk)PR Glazebrook, MA (Oxon); Jesus College; Emeritus Fellow; retired University Lecturer. Criminal law.AC Goymour, MA (Cantab), BCL (Oxon); Downing College; Temporary University Lecturer. Equity. Land law. Romanlaw. Restitution. Aspects of obligations. (acg39@cam.ac.uk)CD Gray, MA, PhD (Cantab); St John’s College; Professor of International Law; Deputy Chair of the Faculty.International Law. (cdg22@cam.ac.uk)KJ Gray, MA, PhD, LLD (Cantab), DCL (Oxon), FBA; Barrister (Middle Temple); Leverhulme Trust Research Fellow(2008-2011); Trinity College; Professor of Law (1992). 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 TaxLaw. Tax law. (pah1007@cam.ac.uk)120


Sir Bob Hepple, QC, FBA, BA, LLB, Hon LLD (Wits), MA, LLD (Cantab), Hon LLD (UCL), Hon LLD (Cape Town), Hon DrGiur (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.(bgh1000@cam.ac.uk)A Hinarejos, BA (Hons), MPhil (Valencia), BA (Hons) (UNED), MJur, MPhil, DPhil (Oxon); Downing College; UniversityLecturer. EU law. Constitutional law. Comparative law. International law. (ah428@cam.ac.uk)JA Hopkins, MA, LLB (Cantab); Barrister (Gray’s Inn), Honorary Bencher (Middle Temple); Downing College; RetiredUniversity Lecturer. Constitutional law. Equity. Public international law. Roman law.KE Hughes, LLB (Durham), BVC, LLM (Northumbria), PhD (Cantab); Clare College; Turpin-Lipstein Fellow; CollegeLecturer. Civil liberties and human rights. Constitutional law. Tort. (kh391@cam.ac.uk)DJ Ibbetson, MA, PhD (Cantab); Corpus Christi College; Regius Professor of Civil Law; Chair of the Faculty. Englishand European legal history. Roman law. Law of obligations. (dji22@cam.ac.uk)GH Jones, QC, LLB, PhD (Lond), MA, LLD (Cantab), FBA; Barrister and Honorary Bencher (Lincoln’s Inn); TrinityCollege; Downing Professor of the Laws of England Emeritus. Restitution. Trusts. Equity. Legal history. Contractlaw. (ghj1000@cam.ac.uk)NG Jones, MA, LLM, PhD (Cantab); Magdalene College; University Senior Lecturer. English legal history, especiallyequity, conveyancing, and the feudal revenue in the early modern period. (ngj10@cam.ac.uk)AG Kesby, BA, LLB (Syd), LLM, PhD (Cantab); St John’s College; Research Fellow.International human rights law. (agk28@cam.ac.uk).Public international law.JA Kirshner, BA (Harvard), MS, JD (Columbia); Peterhouse; University Lecturer; Assistant Director, 3CL. Corporategovernance law. Corporate law. Insolvency law. Comparative law. (jk441@cam.ac.uk)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. Philosophy of law. Political philosophy.(mhk11@cam.ac.uk)Sir Elihu Lauterpacht, CBE, QC, MA, LLM (Cantab); Barrister and Bencher (Gray's Inn); Trinity College; EmeritusDirector of the Lauterpacht Centre for International Law and Honorary Professor of International Law. InternationalLaw. (el14@cam.ac.uk)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. (k.liddell@law.cam.ac.uk)NJ McBride, BA, BCL (Oxon); Pembroke College; College Lecturer. Tort. Contract law. Equity. Restitution. Criminallaw. (njm33@cam.ac.uk)121


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 nineteenthcenturies. (ram32@cam.ac.uk)LA Merrett, MA (Cantab); Barrister; Trinity College; University Lecturer; Assistant Director of the Centre for Corporateand Commercial Law. Commercial law. Conflict of laws. International Commercial Litigation. (lm324@cam.ac.uk)JK Miles, LLB (Nott), LLM (Cantab); Trinity College; University Lecturer. Family law. Criminal Law. Human rights law.(jkm33@cam.ac.uk)AD Mills, BA (Hons) LLB (Hons) (Sydney), LLM, PhD (Cantab); Selwyn College; Slaughter and May College Lecturer.Private international law. Conflict of laws. Public international law. Legal theory. Constitutional law.(adm50@cam.ac.uk)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.R Moules, BA, LLM (Cantab); Barrister (Middle Temple); Fitzwilliam College; College Lecturer. Administrative law.Constitutional law. Civil procedure. (rjm55@cam.ac.uk)RJC Munday, MA, PhD (Cantab); Bencher (Lincoln’s Inn); Peterhouse; Reader in Law. Evidence and procedure.Commercial law, especially agency. Criminal justice. Comparative legal research: adjudication; procedure;obligations. (rjm1000@cam.ac.uk)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. (rcn1002@cam.ac.uk)O Odudu, MA (Cantab), MA (Keele), DPhil (Oxon); Emmanuel College; Herchel Smith Lecturer and Fellow in Law.Competition law. EU law. (oo201@cam.ac.uk)RM O’Keefe, BA, LLB (Hons) (Syd), LLM, PhD (Cantab); Magdalene College; University Senior Lecturer; Deputy Directorof the Lauterpacht Centre for International Law. Public international law, especially international criminal law,international cultural heritage law, the laws of armed conflict, and the relationship between international anddomestic law. (rmo20@cam.ac.uk)MPC Oldham, MA, PhD (Cantab); Jesus College; University Lecturer. Family law. Law of property. Criminal law.Comparative law. (mpo1000@cam.ac.uk)JA O’Sullivan, MA (Cantab); Selwyn College; University Senior Lecturer. Contract and tort, especially remedies andprofessional negligence. Restitution. Medical law and disability rights. (jao21@cam.ac.uk)Sir Derek Oulton, GCB, QC, MA, PhD (Cantab); Retired Bencher (Gray’s Inn); Magdalene College; Life Fellow. Publiclaw: judicial review of government decisions; other forms of control of such decisions. (admo2@cam.ac.uk)122


NM Padfield, MA (Oxon), Dip. Crim. (Cantab), DES (Aix-Marseille); Barrister (Middle Temple); Recorder; FitzwilliamCollege; University Senior Lecturer. Criminal law and justice. Criminal procedure and evidence. Sentencing andprison law. English legal system. Constitutional law. (nmp21@cam.ac.uk)S Palmer, LLB (Adel), LLM, SJD (Harv); Barrister (Middle Temple); Girton College; University Senior Lecturer; AssistantDirector of the Centre for Public Law. Constitutional and administrative law. Civil liberties and human rights.Women and the law. (sp10002@cam.ac.uk)A Perreau-Saussine, MA, PhD (Cantab); Barrister (Inner Temple); Queens’ College; University Lecturer; AssistantDirector of the Centre for Public Law. Philosophy of law. History and theory of international law and of public law.Public international law. Constitutional and administrative law. (acrh2@cam.ac.uk)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.(pjr1000@cam.ac.uk)NC Roughan, BA, LLB (Auck), LLM (VUW), LLM (Yale); Trinity College; Temporary University Lecturer. Jurisprudence.Constitutional law. International law. (ncr29@cam.ac.uk)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. (sl314@cam.ac.uk)JH Rowbottom, BA (Oxon), LLM (New York); Barrister (Gray’s Inn); King’s College; University Lecturer; AcademicSecretary of the Faculty. Constitutional law. Civil liberties and human rights. Media law. (jhr35@cam.ac.uk)JM Scherpe, MJur (Oxon), PhD (Hamburg); Gonville & Caius College; University Senior Lecturer. Family Law.Comparative Law. Law of Tort. Conflict of Laws. (jms233@cam.ac.uk)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 rightslaw.LS Sealy, MA, LLM (New Zealand), PhD (Cantab); Barrister (New Zealand); Gonville & Caius College; SJ BerwinProfessor of Corporate Law Emeritus. Company law. Insolvency. Commercial law: sale of goods.(lss1000@cam.ac.uk)CA Seville, BMus (Lond), MA, LLM, PhD (Cantab); Newnham College; University Senior Lecturer. Intellectual property.European Union law. (cas1000@cam.ac.uk)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. (js527@cam.ac.uk)EVE Sharpston, QC, MA (Cantab); Bencher (Middle Temple); King’s College; Yorke Distinguished Visiting Fellow;Advocate General at the Court of Justice of the European Communities. European Union law. European Conventionon Human Rights. Comparative law. (evs1000@cam.ac.uk)NE Simmonds, MA, LLB, PhD (Cantab); Corpus Christi College; Reader in Jurisprudence. Philosophy of law.123


BD Sloan, MA, LLM (Cantab); King’s College; Bob Alexander College Lecturer. Family law. Property law. Comparativelaw. (bds26@cam.ac.uk)JR Spencer QC (honoris causa), MA, LLB, LLD (Cantab); Selwyn College; Professor of Law; Co-Director of the Centrefor European Legal Studies. Criminal procedure and evidence. Tort. Criminal law. (jrs1000@cam.ac.uk)RE Thornton, MA, PhD (Cantab); University Lecturer. Landlord and tenant and housing law. Law of trusts. Women andthe law. (rt104@cam.ac.uk)J Tiley CBE, QC (Hon), LLD, MA (Cantab), BCL (Oxon), FBA; Barrister and Honorary Bencher (Inner Temple); Queens’College; Emeritus Professor of the Law of Taxation; Assistant Director of the Centre for Tax Law. Law of taxation.(jt10008@cam.ac.uk)JM Tiley, MA (Oxon), MA (Cantab); Barrister (Middle Temple); Lucy Cavendish College; College Fellow. Roman/Civillaw. (jmt1000@cam.ac.uk)S Tofaris, MA (Cantab); Barrister (Inner Temple); Girton College; College Lecturer. Roman law. Tort law. Contract law.Legal history. (st277@cam.ac.uk)KN Trapp, BA, LLB, BCL (McGill), LLM, PhD (Cantab); Newnham College; College Lecturer; Assistant Director of theLLM. International law. Constitutional Law. (knt22@cam.ac.uk)S Turenne, Dip L Stud (Oxon), Maîtrise en droit anglais (Paris II), DEA (Paris II), PhD (Paris II); Murray Edwards College;College Lecturer. Comparative law. European law. Constitutional law. (st325@cam.ac.uk)PG Turner, BSc, LLB (Hons) (Syd), PhD (Cantab); St Catharine’s College; College Lecturer. Equity and Trusts.Property. Contract. Commercial law. Statute. Legal formality. (pgt22@cam.ac.uk)CC Turpin, BA, LLB (Cape Town), MA, LLB (Cantab); Advocate (South Africa); Clare College; Reader in Public LawEmeritus. Constitutional and administrative law.G Verdirame, Laurea in Giurisprudenza (Bologna), LLM (Lond), PhD (LSE), MA (Oxon); University Lecturer. Publicinternational law. Constitutional law. Political and legal philosophy. (gv219@cam.ac.uk)GJ Virgo, MA (Cantab), BCL (Oxon); Bencher (Lincoln’s Inn); Downing College; Professor of English Private Law.Criminal law. Restitution. Contract. Equity. (gjv1000@cam.ac.uk)EJL Waring, PhD (Cantab), LLM (Harvard), MA (Cantab); St John's College; College Teaching Officer, Newton TrustLecturer. Land law. Public and constitutional law. Criminal law. (ejlw2@cam.ac.uk)JA Weir, MA (Cantab), MCL (Tulane); Trinity College; Reader in Law Emeritus. (jaw1001@cam.ac.uk)RL Williams, LLB, LLM, PhD (Wales); Homerton College; College Lecturer. Company law. Law and economics.Contract. Tort. (rlw37@cam.ac.uk)AD Yates, MA (Oxon et. Cantab); FRSA; Solicitor; Warden, Robinson College. Contract law. Commercial law. Equityand trusts. Land law. International trade and sales. (ady21@cam.ac.uk)124


Teaching Staff of the Institute of CriminologySir Anthony Bottoms, MA (Oxon), Dip Crim, MA (Cantab), PhD, Hon. LLD (Sheffield), Hon. LLD (Belfast), FBA;Fitzwilliam College; Wolfson Professor of Criminology Emeritus. Desistance and compliance. Socio-spatialcriminology. Theoretical criminology. (aeb11@cam.ac.uk)MK Dhami, BSc (Brunel), MA (Leicester), PhD (City of London); Senior Researcher.Imprisonment. Restorative justice. (mkd25@cam.ac.uk)Legal decision making.MP Eisner, Dr Phil; Professor in Historical and Developmental Criminology; Deputy Director of the Institute ofCriminology. Theory of violence. Historical criminology. Developmental causes of crime. Violence prevention.(mpe23@crim.cam.ac.uk)DP Farrington, MA, PhD (Cantab), OBE, FBA, F Med Sci; Professor of Psychological Criminology. Causes andprevention 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 CriminalJustice. Post-war criminological theory, women and criminal justice, youth justice issues; black and ethnic minoritiesin the criminal justice system; feminist perspectives in criminology; fairness, discrimination and justice; communitypenalties; qualitative research methods; contemporary social theory and criminology; social exclusion, crime andjustice, psychoanalytic dimensions of criminal justice policy. (lrg10@cam.ac.uk)AT Grounds, B Med Sci, DM (Nottingham), FRC Psych; Darwin College; Honorary Research Fellow. Services and legalprovisions for mentally disordered offenders. (ag113@cam.ac.uk)A Liebling, BA (York), MA (Hull), PhD (Cantab); Clare Hall; Professor of Criminology and Criminal Justice, DirectorPrisons Research Centre. (al115@cam.ac.uk)F Lösel, Director of the Institute of Criminology. Criminology. Clinical psychology. Psychology and law.(director@crim.cam.ac.uk)K Müller-Johnson, Dipl.Psych. (Berlin), MSt (Oxon), PhD (Cornell); Lecturer in Applied Criminology. Vulnerablewitnesses. Eye-witness psychology. Victimology. Legal decision making. (kum20@cam.ac.uk)LW Sherman, MA (Chicago), Dip Crim (Cantab), PhD (Yale), Hon MA (Pennsylvania), FRSA; Wolfson Professor ofCriminology. Experimental and Theoretical Criminology. Violence prevention. Policing. Restorative justice.(lawrence.sherman@crim.cam.ac.uk)A von Hirsch, LLB (Harv), LLD (Cantab), LLD (Hon.) (Uppsala); Honorary Professor of Penal Theory and Penal Law;Director of the Centre for Penal Theory and Penal Ethics; Honorary Fellow of Wolfson College. Criminal law.Philosophy of criminal law. Sentencing theory and policy. Ethics and penal policy. (avh25@cam.ac.uk)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. (pow20@cam.ac.uk)Address of the Institute: Sidgwick Avenue, Cambridge CB3 9DT. Tel: 01223 335360. Fax: 01223 335356. E-mail:enquiries@crim.cam.ac.uk. Website: http://www.crim.cam.ac.uk125


Law Teachers in the Department of Land EconomyMJ 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 municipallaw, law of the United Nations. (mjd1001@cam.ac.uk)DR Howarth, MA (Cantab), LLM, MPhil (Yale); Clare College; Reader. Tort law. Contract law. Environmental law.Comparative law. Economic analysis of law. Jurisprudence. (drh20@cam.ac.uk)CP MacKenzie, MA (Oxon), MEd (Sydney), PhD (ANU), Barrister (England and Australia); Selwyn College; UniversityLecturer. International law. International environmental law. Tort. (cm517@cam.ac.uk)PG McHugh, LLB (Vict), LLM (Sask), PhD (Cantab); Sidney Sussex College; Reader. Colonial constitutional law andhistory: aboriginal peoples’ rights. Constitutional theory and the history of constitutional discourse. Land law.(pgm13@cam.ac.uk)Address of the Department: 19 Silver Street, Cambridge CB3 9EP. Tel: 01223 337147. Fax: 01223 337130. Website:http://www.landecon.cam.ac.uk126


Law Fellows of CollegesThis list includes Emeritus Fellows and Bye-Fellows, but not the numerous Fellows and Honorary Fellows distinguishedin 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 FellowHonF denotes an Honorary FellowResF denotes a Research FellowChrist’s College. Dr AWE Bainham; Ms S Steele.Churchill College. Dr PA Harris; Professor MH Kramer.Clare College. Mr 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 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 KMLiddell; Professor GJ Virgo.Emmanuel College. Professor L Bently; Dr O Odudu.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; Mr S Tofaris.Gonville and Caius College. Mr PS Davies; Justice Paul Finn; Dr JD Ford; Mr MJ Prichard; Dr PJ Rogerson; Dr JMScherpe; 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 Z Douglas; Dr MN Dyson; Mr PR Glazebrook; Dr MPCOldham; Dr BAK Rider.King’s College. Mr J Rowbottom; Miss EVE Sharpston; Mr 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 RMO’Keefe; Sir Derek Oulton; Mr AD Rawley.127


Murray Edwards College. 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; Mr 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; Dr AG Kesby; Professor SFC Milsom; Mr RCNolan; Dr E Waring.Selwyn College. Dr C MacKenzie; Dr A Mills; Mrs JA O’Sullivan; Professor JR Spencer.Sidney Sussex College. Professor AA Dashwood; Dr PG McHugh; Dr JK Seymour.Trinity College. Professor PJ Allott; Professor CS Barnard; Professor KJ Gray; Professor JA Jolowicz; Professor GHJones; Professor Sir Elihu Lauterpacht; Ms LA Merrett; Ms JK Miles; Ms NC Roughan; Mr JA Weir.Trinity Hall. Dr LA Bartels; Professor BR Cheffins; Mr JG Collier; Dr MDJ Conaglen; Mr DW Fleming.Wolfson College. Professor HK Bevan; Sir Lawrence Collins; Dr JS Davis; Ms P Hyndman.128


First published 1999 (Revised 2010)Faculty of Law, University of Cambridge, 10 West Road, Cambridge CB3 9DZTel: 01223 330033. Fax: 01223 330055. E-mail: enquiries@law.cam.ac.uk.Website: http://www.law.cam.ac.uk129

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