Outline

Overview

This unit provides an introduction to public health law. It begins by asking the question ‘What is public health law’? It explores the historical concerns and conceptual focus of public health law and how they have evolved over time. Next the unit reviews a series of case studies that illustrate the sources of public health law including the impact of international law on access to essential medicines in low income countries and the impact of constitutional rights on governments capacity to protect public health. The case studies illustrate the wide variety of legal issues that arise in public health as well as debates about the appropriate limits for law in protecting health in a liberal democracy and the irreducibly political nature of public health law. The unit then considers three foundational topics in public health law. These are Australia’s legal framework for responding to public health emergencies with a focus on pandemic influenza and other contagious diseases with pandemic potential laws role in regulating sexual health and transmission of STIs and tobacco and nicotine control. Key topics include: The definition and role of public health law Case studies illustrating the sources of public health law. The legal framework for managing pandemic influenza and other acute public health threats. An introduction to tobacco control law and laws role in promoting sexual health. Throughout the unit students will be trained to identify legal issues and to critically evaluate the impact of law on efforts to protect the public’s health with due regard to civil liberties and other competing public and private interests. A flexible assessment regime will allow students to focus on issues of interest within the unit.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	None
Assumed knowledge ?	None
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Roger Magnusson, roger.magnusson@sydney.edu.au

Type	Description	Weight	Due	Length
Online task	[Option] Oral presentation	0%	Multiple weeks	10-15 min presentation (20%)
Outcomes assessed:
Assignment	[Option] Assignment	0%	STUVAC Due date: 11 Jun 2021 at 17:00	40%
Outcomes assessed:
Assignment	Short response	0%	Week 04 Due date: 26 Mar 2021 at 17:00	1500 word maximum, excluding footnotes
Outcomes assessed:
Assignment	[Option] First Research Essay	0%	Week 11 Due date: 21 May 2021 at 17:00	3000-3500 words (40%)
Outcomes assessed:
Assignment	[Option] First Research Essay	0%	Week 11 Due date: 21 May 2021 at 17:00	4000-4500 words (50%)
Outcomes assessed:
Assignment	[Option] Long Research Essay	0%	Week 12 Due date: 28 May 2021 at 17:00	6000 words (80%)
Outcomes assessed:
Assignment	[Option] Second Research Essay	0%	Week 13 Due date: 04 Jun 2021 at 17:00	3000 - 3500 words (40%)
Outcomes assessed:
Assignment	[Option] Second research Essay	0%	Week 13 Due date: 04 Jun 2021 at 17:00	4000 - 4500 words (50%)
Outcomes assessed:

Assessment summary

1 x short response question (20%) due Fri 26 March plus 2 x 40% essays (3,000-3,500 words each) due 1st Essay Fri, 21 May and 2nd Essay Fri, 4 June = 100%
1 x short response question (20%) due Fri 26 March plus 1 x 80% essay (6,000 words) due Fri, 28 May = 100%
1 x short response question (20%) due Fri 26 March plus 1 x 40% essay (3,000-3,500 words) due Fri 21 May; 1 x assignment question (40%) available Fri 4 June and due Fri 11 June = 100%.

As an alternative to the short response, some students will be given the opportunity to do an in-class presentation. Only a limited number of spots will be available, so students the opportunity to make an in-class presentation is not an entitlement.

The short responses give you the opportunity for formative assessment. However, if you prefer you can submit two larger items of assessment:

2 x 50% essay (4,000-4,500 words) 1st Essay due Fri 21 May and 2nd Essay due Fri, 4 Jun = 100%
1 x 60% essay (4,000-4,500 words due Fri 21 May plus 1 x assignment question (40%) available Fri 4 June and due Fri 11 June= 100%.

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. • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.
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.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Learning support

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.

Weekly schedule

WK	Topic	Learning activity
Multiple weeks	Module 1 - Defining the content and role of public health law. There are 3 X pre-recorded presentations covering material under this module. These provide a foundation for class discussion on Thurs 11 March (Week 2)	Independent study (3 hr)
	Module 3 - Australia's legal framework for managing pandemics. There are 3 X pre-recorded presentations covering material under this module. These provide a foundation for the "virtual epidemic class activity" we will do together on Mon 19 April (Week 7)	Independent study (5 hr)
	Module 3, Responding to a virtual epidemic. This activity draws on students' understanding of Australia's legal framework for responding to a contagious pandemic (Week 7)	Workshop (3 hr)
	Module 4 - Socially communicable diseases: an introduction to tobacco control. There will be several pre-recorded presentations covering material under this module. These provide a foundation for class discussion on Tues 20 April (Week 7) and for the assessment.	Independent study (3 hr)
Week 01	Introduction to the unit and to public health law (Week 1)	Lecture (2 hr)
	Module 2 - Case studies illustrating the sources of public health law. There are 3 X pre-recorded presentations covering material under this module. These provide a foundation for class discussion on Thurs 11 & Fri 12 March (Week 2)	Independent study (3 hr)
	Module 2, case studies. In class we will cover the case studies on international law (TRIPS and access to medicines), constitutional law (First Amendment law), and common law (either E v Red Cross, or Graham Barclay Oysters v Ryan) (Week 2)	Workshop (3 hr)
Week 02	Module 1, Topic 3: What are the defining features of public health, and of public health law? (Week 2)	Block teaching (1 hr)
Week 07	Module 4, Small group activities and class questions on tobacco control litigation and legislation in Australia and the United States (Week 7)	Workshop (3 hr)

Attendance and class requirements

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

For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit.

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

This unit is taught from issued materials, as set out in the unit outline. Reading Materials will be available for purchase from the University Copy Centre (Publish Partners). You can check the availability and the cost of your materials when you Login to student note inventory. It is recommended that you order your student notes online to avoid any queue. Oneline access to items in the syllabus may also be possible through Canvas. However, since you will be working online with other students using Zoom, I strongly recommend that students have a hard copy of the materials available.

Learning outcomes

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.

Outcomes
Graduate qualities

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

LO1. Demonstrate an understanding of the historical concerns and conceptual focus of public health law, and of normative debates about the proper scope for law in protecting public health
LO2. Demonstrate an understanding of the sources of public health law, including international law, constitutional law, statute and common law, and of the impact of international and constitutional laws, statutory interpretation and common law method upon legal responses to key public health challenges
LO3. Demonstrate an understanding of the role of law in responding to outbreaks of contagious disease with pandemic potential, with a focus on international law, Commonwealth and New South Wales law
LO4. Demonstrate an understanding of the role of law in responding to tobacco use in the United States and Australia, with a particular focus on New South Wales
LO5. Demonstrate an understanding of the role of law in promoting sexual health and reducing transmission of sexually transmissible infections (STIs)
LO6. Critically evaluate the merits of legal strategies to prevent disease and reduce health risks
LO7. Demonstrate analytical skills, critical judgment and thinking in a legal context
LO8. Demonstrate the development of legal writing skills through critical reflection on the appropriate role of law in preventing disease and reducing health risks at the population level

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
Learning outcomes

Responding to student feedback

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

No changes have been made since this unit was last offered.

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.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS6839: Critical Issues in Public Health Law

Intensive April, 2021 [Block mode] - Remote

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect