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Unit of study_

LAWS6364: Environmental and Climate Science in Court

Intensive June, 2024 [Block mode] - Camperdown/Darlington, Sydney

As the intersecting biodiversity and climate crises continue to tangibly impact the environment and in turn human society, legal disputes are being raised to determine who is responsible, and who will pay. Environmental and climate change litigation is playing a strong part in defining our social and economic future, and it necessarily depends on the information presented to the courts by scientists. Traversing the science-law interface, this unit of study provides a critical overview of the way in which environmental and climate science is used in litigation. In particular, this unit of study considers the engagement of scientists as expert witnesses; the presentation of scientific information as expert evidence in court; the reliance of lawyers on environmental and climate science in developing their case theories; and the impact and influence of environmental and climate science on final judgments. In exploring these topics, core themes and principles that will be covered include: complex causation; cumulative effects; legal and scientific standards of proof; scientific uncertainty; the precautionary principle; and the maxim of in dubio pro natura. Further information about this unit is available in the Sydney Law School timetable https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable, unit of study outline https://www.sydney.edu.au/units and academic staff profile https://www.sydney.edu.au/law/about/our-people/academic-staff.html

Unit details and rules

Unit code LAWS6364
Academic unit Law
Credit points 6
Prohibitions
? 
None
Prerequisites
? 
None
Corequisites
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Laura Schuijers, laura.schuijers@sydney.edu.au
Type Description Weight Due Length
Presentation group assignment In-class Oral Presentation (25%)
In-class presentation
25% Ongoing
Due date: 14 May 2024 at 17:00

Closing date: 14 May 2024
30 mins
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
Assignment Case Note (75%)
Case study
75% Week 06
Due date: 25 Jun 2024 at 17:00

Closing date: 09 Jul 2024
6000 words / 6 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
group assignment = group assignment ?

Assessment summary

The assessment for this subject is based around Australian climate and environmental court cases. 6-8 legal cases will be set as mandatory reading for all students. Each student will be assigned to one of these cases for the purpose of their oral and written assessment tasks. The relevant judgments will be uploaded on Canvas two weeks prior to the subject’s commencement. Some cases will have multiple judgments (for example an original decision and an appeal decision).

It is expected that students will attend class on the first day of the unit having read and familiarised themselves with each case, not just the one to which they have been assigned (although the assigned case might be the emphasis for pre-class preparation). Firstly, we will be using the case studies as examples throughout the unit, and discussing the judgments in class. Secondly, the oral assessment component of the unit, outlined below, will begin on the second day and will involve case-based presentations. Students should be prepared to participate not only in their own presentation session but also to respond to the case discussions in other sessions.

Oral Presentation (25%) Each student will be assessed on an in-class oral presentation relating to their assigned case. Students will present together with the other students who were assigned the same case, but will receive an individual grade. Each group will have 30 minutes to present to the class a critical summary of their case. 

Presentations will be interspersed across day 2, day 3, and day 4 of the unit. Time will be allocated to preparation on day 1, so that students can get together with the other members of their group to decide on a structure and format. Most of the individual preparation for the assessment should be conducted prior to the first day of class, by reading and taking notes on the case, and by brainstorming key issues and potential points to raise with the class. Information and marking criteria for the presentation will be discussed in class.

Case Note (75%) The written assessment is a 6,000 word written case note to be submitted via Canvas by 5pm on Tuesday 25 June 2024 (Sydney, Australia time). The case note should be written through the lens of one of the topics covered in class. Students may wish to discuss a proposed lens during one of the timeslots allocated to discussing the assessment in class, but this is not compulsory.  In preparing the written case note, students should aim to provide a novel commentary – that is, to include their own thoughts and analysis. Students are welcome and encouraged to refer to journal articles and other case notes, as well as to other cases including the other assigned cases, but they must be appropriately cited and acknowledged.

Resources that might assist in preparing a case note will be shared on Canvas. Searching law journals for case notes and case commentaries may assist students in familiarising themselves with how written case notes are generally presented. Any student wishing to prepare a case note on a different one of the assigned cases for the written assessment than the one on which they did their oral assessment must obtain permission in writing.

Word limit 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 all footnotes and any bibliography (if required).  

Use of editors or proof-readers: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking).  The use of Studiosity does not breach this rule but must be acknowledged. 

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate. 

Assessment requirements 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 2021 (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 sydney.edu.au/students/guide-to-grades.

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, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. For example, a submission after the due time but before the same time the following day will attract a 10% penalty.

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.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

WK Topic Learning activity Learning outcomes
Week -01 5. Law, fact, and jurisdictional fact 6. Merits versus judicial review of administrative decisions and the implications for evidence 7. Advocacy: shaping case theory and presenting arguments in court Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5
8. Scientific uncertainty and environmental law principles Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5
Week -02 1. Fields of science and their relevance to environmental and climate litigation 2. Truth and proof in law and science Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5
3. Expert evidence: procedure and practice in Australian courts 4. The Evidence Act and the expert exception to the opinion rule Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5

Attendance and class requirements

Attendance: All students are required to attend at least 70% of classes 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. 

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

Please refer to 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 an advanced knowledge of the role of scientists and scientific information in legal proceedings relating to the environment and climate change.
  • LO2. Critically evaluate the use of environmental and climate science in legal cases (eg, determine whether scientific evidence has been used effectively to advance a particular case theory or argument, or to establish a particular proposition).
  • LO3. Integrate and synthesise legal and scientific perspectives and practices, including by differentiating scientific and legal ways of thinking and responding to concepts such as uncertainty and proof.
  • LO4. Understand the theory behind and application of relevant legal principles in environment and climate change cases – specifically, the precautionary principle and other ecologically sustainable development principles.
  • LO5. Develop and apply legal research skills to the oral and written analysis of a specific legal decision, and to the issues arising therefrom.

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

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

This is a new unit.

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.