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Unit outline_

LAWS6317: Regulation of Corporate Crime

Semester 1a, 2022 [Block mode] - Remote

This unit will examine, from a comparative (particularly United States and United Kingdom) perspective, the current debates over the regulation of corporate crime from both legal and policy perspectives. Different theoretical perspectives on the nature and causes of corporate crime, and the role of the state in regulating corporate behaviour will be examined, with a view to determining the reasons for the failure of the criminal justice and regulatory systems to respond to corporate crime. The role of criminal, civil and regulatory sanctions in deterring corporate crime will also be examined. Offenses covered will include fraud, bribery, corruption, money laundering, revenue offenses, competition law offenses, corporate manslaughter and various offenses under the Corporations Act 2001 (Cth). With this foundation, students will be encouraged to think critically and to apply the principles they have learned to case studies.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
None
Corequisites
? 
None
Prohibitions
? 
None
Assumed knowledge
? 

It is recommended that students have some knowledge of corporate law and criminal law and procedure or have had practical experience in these areas

Available to study abroad and exchange students

No

Teaching staff

Coordinator Olivia Dixon, olivia.dixon@sydney.edu.au
Type Description Weight Due Length
Assignment Case study proposal (non-graded)
Topic proposal for case study
0% Week 02
Due date: 03 Mar 2022 at 23:59
up to 500 words / 1 month
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
Assignment Essay proposal (non -graded)
Topic proposal for essay
0% Week 06
Due date: 01 Apr 2022 at 23:59
600 words / 4 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
Assignment Case study (long release) 40%
case study
0% Week 07
Due date: 08 Apr 2022 at 23:59

Closing date: 06 May 2022
2500 words / 5 weeks
Outcomes assessed: LO1 LO5 LO4 LO3 LO2
Assignment Essay (long release) 60%
Essay
0% Week 11
Due date: 13 May 2022 at 23:59

Closing date: 27 May 2022
5500 words / 6 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5

Assessment summary

Case study 40%

You are required to write a 2,500 word case study about a regulatory failing that affected the Australian Market, due 8 April 11.59pm 2022.

Suggested topics will be provided via Canvas at least 1 month prior to the first day of class. These case studies have been chosen due to the wealth of primary and secondary source material readily available about them.

However, if you have a strong desire to write a case study on an alternate topic, and you are of the view that there is a rich array of primary and secondary source material readily available on the alternate topic, you may write on the alternate topic provided that you secure my approval, via email, by 3 March 11.59pm 2022. When submitting a request for approval for an alternate topic, please submit it in the following format:

  • Up to 500 words and a title of no more than 20 words which is sufficiently descriptive of the case study;
  • A clearly defined question which the case study will attempt to address (most regulatory failings were caused by a multitude of issues. Pick one and focus on analysing that issue in detail);
  • A short bibliography that you have consulted in the preparation of your proposal and which you will use in your case study. This list does not need to be exhaustive. Rather, this list simply needs to demonstrate that there are sufficient primary and secondary sources to be able to successfully write the case study.

The case study must be analytical and explanatory and draw on the relevant literature. It should focus on the failure of regulation (who should have been regulating the situation and why it didn’t work) and link to the literature in the latter part of the unit. You are expected to research beyond the set readings. Academic standards for structure, argument, presentation and referencing will apply.

This exercise meets Learning Outcome 1 (demonstrate knowledge and understanding of the theoretical and practical difficulties associated with regulating corporate crime) as it is based on a regulatory failing; and Learning Outcome 2 (demonstrate knowledge and understanding of the legislation and policy across a variety of offences); Learning Outcome 3 (demonstrate knowledge and understanding of the range of legal, criminal and regulatory responses to corporate crime); Learning Outcome 4 (develop skills in analysis, problem solving, researching and academic writing); and Learning Outcome 5 (convey your knowledge, understanding, analysis and evaluation of the legal principles and policy both orally and in writing) as the case study is required to:

  • document the crime / misbehaviour/conduct/offence and the regulatory failure;
  • analyse the existing literature relevant to the area of crime and regulation;
  • analyse how and why the failure of regulation occurred; and
  • analyse and evaluate the policy and regulatory implications of the case.

For Special Consideration the extension of time that may be granted for this assessment task is the period up to 6 May.  This date ie 6 May is known as the “closing date” which means that no extensions past this date may be awarded by Special Consideration. After the closing date, the outcome for Special Consideration will be determined by the discretion of the lecturer.

Essay 60%

You are required to write a 5,500 word research essay on a topic of your choice related to the subject matter of this unit of study. The purpose is to allow you to explore and acquire knowledge of an area / issue of relevance to the regulation of corporate crime in much greater depth; to encourage you to think critically about that area / issue; and to develop skills of research, augmentation and analysis. The essay is due 13 May 11.59pm 2022.

To focus you (and for you to receive feedback prior to grading), please submit a proposal for your essay by no later than 1 April 11.59pm 2022. The proposal should be presented in the following format:

  • A title of no more than 20 words which is sufficiently descriptive of the essay;
  • A clearly defined question which the essay will attempt to address;
  • An abstract of no more than 100 words summarising the argument of the essay;
  • A more detailed overview of the essay’s outline, argument and methodology of no more than 500 words; and
  • A short bibliography that you have consulted in the preparation of your proposal and which you will use in your essay. This list does not need to be exhaustive. Rather, this list simply needs to demonstrate that you have undertaken appropriate, preliminary research for your topic.

You are expected to research beyond the set readings. Academic standards for structure, argument, presentation and referencing will apply. Due to the consultative nature of this written assessment, anonymous marking may not be practical.

This exercise meets Learning Outcome 1 (demonstrate knowledge and understanding of the theoretical and practical difficulties associated with regulating corporate crime); Learning Outcome 2 (demonstrate knowledge and understanding of the legislation and policy across a variety of offences); Learning Outcome 3 (demonstrate knowledge and understanding of the range of legal, criminal and regulatory responses to corporate crime); Learning Outcome 4 (develop skills in analysis, problem solving, researching and academic writing); and Learning Outcome 5 (convey your knowledge, understanding, analysis and evaluation of the legal principles and policy both orally and in writing).

For Special Consideration the extension of time that may be granted for this assessment task is the period up to 27 May.  This date ie 27 May is known as the “closing date” which means that no extensions past this date may be awarded by Special Consideration. After the closing date, the outcome for Special Consideration will be determined by the discretion of the lecturer.

Assessment requirement to pass a unit of study

A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Demonstrates the minimum level of competence and satisfies the requirements to proceed to higher-level studies.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof.

Academic integrity

The Current Student website  provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.  

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Ongoing Introduction to corporate crime and corporate criminal liability Block teaching (7 hr) LO1 LO2 LO3
Competition offences, creative accounting and fraud Block teaching (7 hr) LO1 LO2 LO3
Foreign bribery and money laundering Block teaching (7 hr) LO1 LO2 LO3
Explaining, investigating and punishing corporate crime Block teaching (7 hr) LO1 LO2 LO3

Attendance and class requirements

Attendance: All students are required to attend 70% of live classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by in person and/or online attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude bibliography; footnote numbers; footnote citation; cover page and include body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

The required readings will be available in the “Reading Guide” document on Canvas.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. demonstrate knowledge and understanding of the theoretical and practical difficulties associated with regulating corporate crime
  • LO2. demonstrate knowledge and understanding of the legislation and policy across a variety of offences
  • LO3. demonstrate knowledge and understanding of the range of legal, criminal and regulatory responses to corporate crime
  • LO4. develop skills in analysis, problem solving, researching and academic writing.
  • LO5. convey your knowledge, understanding, analysis and evaluation of the legal principles and policy both orally and in writing

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9
LO1         
LO2         
LO3         
LO4         
LO5         

This section outlines changes made to this unit following staff and student reviews.

Case and legislation updates.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.