No 6203
Wednesday 17 November 2010
Vol cxli No 7
pp. 181–196
The Council begs leave to report to the University as follows:
1. This Report proposes:
(a) an amendment of Ordinance to include in the membership of the Regent House Directors of Research and Principal Research Associates;
(b) an amendment of Statute to provide that University officers continue to qualify for membership of the Regent House while holding a University office, irrespective of age; at present officers other than the high officers (the Chancellor, the High Steward and Deputy High Steward, and the Commissary) retire at 67, but this would change if as expected the normal retirement age is replaced by different arrangements;
(c) an amendment of Statute to allow the University by Ordinance to provide for senior academic employees of the University (e.g. Directors of Research), over the age of 70, to continue to qualify for membership of the Regent House while holding the approved University academic appointment.
2. Changes of Statute were made following consideration of the Report of the Wass Syndicate. Statute A, III, 7 now provides that any person who is otherwise qualified to be a member of the Regent House in classes (b), (d) or (e) shall cease to be so qualified at the next promulgation of the Roll of the Regent House after he or she attains the age of 70 years.
3. The three classes are: class (b) – most University officers and equivalent staff of Cambridge University Press; class (d) – Fellows of Colleges conforming to conditions of residence; and class (e) – such other persons holding appointments in the University or a College in such categories and subject to such qualifying periods of service as are determined by Ordinance.
4. In recent years there has come to be a category of senior salaried academic staff employed by the University, but who are not University officers, and who serve as employees of the University beyond the statutory retiring age (67), and, indeed, sometimes beyond the age of 70. The principal category of such members of University staff is that of Directors of Research. The Council proposes that Directors of Research be added to the list of persons qualifying as members in class (e) (Statutes and Ordinances, p. 106). At present, if beyond the age limit of 70, even if otherwise qualified, such employed persons may not be members of the Regent House. It is unsatisfactory that such colleagues should not be members of the Regent House and a minor amendment of the Statute is therefore proposed in order to adjust the position. In addition to reasons of academic collegiality within the University, the developing law on age discrimination in employment suggests that such a change should be made.
5. If the Statute is approved, the Council will put forward an Ordinance to provide for the appropriate senior academic University appointments to be designated under the new Statute.
6. It is also appropriate to take account of the possibility that, if in the future the normal retiring age for University officers is abolished, University officers may continue in office beyond the age of 67. The proposed Statute provides for all University officers (of whatever age) to be qualified by virtue of that status for membership of the Regent House.
7. The opportunity has been taken in amending the list of persons qualifying as members of the Regent House under Statute A, III, 7(e) to include also holders of the appointment of Principal Research Associate. This category of senior staff engaged in research has been created in recent years but has not been included in the list of qualifying appointments for class (e).
8. The Council therefore recommends as follows:
I. That, subject to the approval of Her Majesty in Council, the Statutes of the University be amended as set out below and that these amendments be submitted under the Common Seal of the University to Her Majesty in Council for approval:
Section 7.
In the last two lines of the section, by deleting the word ‘always’ and replacing the words ‘class (b), class (d) or class (e)’ by the words ‘class (d) or class (e)’ and by inserting at the end of the section the words ‘except where provision has been made by Ordinance to exempt from this provision such categories of person employed by the University in academic appointments as may be designated by Ordinance from time to time’.
The amended text to read:
provided that any person who is qualified for membership in class (d), or class (e) shall cease to be so qualified at the next promulgation after he or she attains the age of seventy years except where provision has been made by Ordinance to exempt from this provision such categories of person employed by the University in academic appointments as may be designated by Ordinance from time to time.
II. That, subject to the approval of Recommendation I, section (i) of the list of categories of membership of the Regent House under Statute A, III, 7(e) (Statutes and Ordinances, p. 106) be amended so as to read:
(i)holders of the appointments of Director of Research, Principal Research Associate, Senior Research Associate, Research Associate, Lecturer (unestablished), and Assistant Lecturer (unestablished);
|
15 November 2010 |
L. K. Borysiewicz, Vice-Chancellor |
S. J. Cowley |
Vanessa Lawrence |
|
Ross Anderson |
M. J. Daunton |
Debbie Lowther |
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N. Bampos |
A. M. Donald |
Mavis McDonald |
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|
R. J. Barnes |
R. J. Dowling |
Rachael Padman |
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|
Nigel Brown |
David Good |
David Simon |
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|
William Brown |
Christopher Hum |
S. Wakeford |
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|
M. R. Clark |
F. P. Kelly |
Joan M. Whitehead |
|
The Council and the General Board beg leave to report to the University as follows:
1. In this Report the Council and the General Board propose the introduction of a new nine-month, taught Masters Degree in Corporate Law, titled the M.C.L., to be offered by the Faculty of Law. The proposal has the unanimous support of the Faculty Board of Law and was commended during the General Board Review of Learning and Teaching of the Faculty in 2009–10. It also has the strong support of the Council of the School of the Humanities and Social Sciences and of the Directors of Studies in Law.
2. Cambridge is internationally renowned for its graduate teaching in law and its team of corporate lawyers is widely recognized as one of the strongest in Europe. The proposal for the M.C.L. is consistent with the Faculty’s strategy for building on its strength in corporate law, and the M.C.L.’s launch will benefit the whole Faculty by raising the profile of law at Cambridge generally. The M.C.L. will also fortify the University’s reputation in the area of business studies, building on the success of Judge Business School, the Centre for Business Research, and Cambridge Finance.
3. The Faculty Board have made the case that the introduction of a new degree is essential to establish a clear differentiation between the M.C.L. and the LL.M. and to emphasize the unique design and objectives of the M.C.L. to prospective applicants, students, and potential employers. The Faculty currently offers a commercial specialism in its LL.M. course, the LL.M.(c), with the (c) signifying the commercial focus of the courses a candidate has taken. The M.C.L. will differ fundamentally from the LL.M.(c). Due to the structure of the LL.M. curriculum, a candidate who receives an LL.M.(c) is unlikely to take more than two corporate-oriented courses and may not take any. In contrast, all course offerings on the M.C.L. will be corporate-oriented. The M.C.L. will also be different in terms of general approach. The LL.M.(c), as part of the LL.M., is oriented around the analysis of legal rules, typically examined in various theoretical contexts. The M.C.L., in contrast, will have a strong practical orientation, emphasizing how lawyers deploy their legal skills in resolving ‘real world’ challenges posed by corporate transactions. The core of the M.C.L. will be an innovative ‘deals paper’ which uses hypothetical transactions based on ‘real world’ situations as case studies to explore theoretical and practical aspects of corporate law.
4. The M.C.L., in addition to functioning in a manner that distinguishes it from the LL.M., will operate in a way that distinguishes it from courses on offer at other universities. Most LL.M. courses are organized like Cambridge’s, so that students can study a wide range of subject matter and their ability to focus on corporate subjects will be restricted by the offerings available in a particular year. Some law faculties do offer more specialized degrees with a corporate focus, but students will in fact take courses dealing with a range of business law issues (e.g. competition law and commercial law). The M.C.L., in contrast, is exclusively corporate in orientation.
5. The Faculty Board have made the case that there will be substantial demand for the course. Law graduates from a wide range of jurisdictions who are keen to enhance their employment prospects with leading corporate law firms should be drawn to the M.C.L., as the degree will provide an excellent foundation for corporate-oriented practice. Major law firms in turn should be eager to employ students graduating with the M.C.L., as the growing complexity of corporate transactions has created a strong demand for highly trained and skilled corporate lawyers who hold a high-quality, commercially oriented qualification from a leading common law jurisdiction.
6. The Faculty Board anticipate that 25–30 students will be admitted each year to the M.C.L. A cohort of this size will provide sufficient critical mass to ensure that there is adequate take-up of modules on offer in any given year, will be large enough to generate a financial surplus for both the Faculty of Law and the School, and yet will be small enough to ensure that there is ample scope for Faculty/student contact. The School and the Faculty Board have agreed that the Faculty’s taught postgraduate student numbers will be managed through the planning round by the School.
7. Save in exceptional cases, applicants will be expected to hold a first-class degree from a British university, or its equivalent from a university overseas. This degree would normally be in law, but consideration would be given to legal practitioners of a suitably high calibre whose degrees are in another subject. An applicant who applies to and receives offers of admission for both the Cambridge LL.M. and M.C.L. would be obliged to choose between the offers: transfers between the courses would not be permitted.
8. The Faculty Board, with the endorsement of the Council of the School, propose that an enhanced composition fee be levied in recognition of the additional costs of providing the practical component which is integral to the degree. Details on fees are set out in para. 11. The Faculty intends to establish a needs-based bursary scheme to ensure that academically able but financially disadvantaged students are not deterred from applying.
9. The Council of the School of the Humanities and Social Sciences’ Resource Committee considers the business case for the M.C.L. to be robust and has given permission for the filling of a vacant Faculty post as a University Lectureship in Corporate Law and for an appointment to a new University Lectureship in Corporate Law, which will be supported by external funding for five years and thereafter by projected fee income.
10. The Faculty Board of Law have proposed regulations for the M.C.L. as set out in the annex to this Report. Consequent amendments to certain other regulations are necessary and are set out in the recommendations.
11. The Council and the General Board accordingly recommend:
I. That a degree of Master of Corporate Law be established in the University with effect from 1 October 2012, to be governed by the general regulations for the degree, as set out in the Annex to this Report.
II. That, if Recommendation I is approved, Schedule L to the Statutes and certain regulations be amended, with effect from the same date, as follows:
(a)SCHEDULE L to the Statutes (Degrees of the University).
By inserting the degree of Master of Corporate Law under the list of Primary Degrees.
(b)The regulations for University Composition Fees (Statutes and Ordinances, p. 158):
By inserting the following entry in Table 1 after the entry for the LL.M. Degree:
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Qualification |
Home/EU/Island students (2012–13) £ |
Overseas students (2012–13) £ |
|
M.C.L. Degree |
20,000 |
20,000 |
(c)The regulations for forms of presentation for degrees (Statutes and Ordinances, p. 185):
By amending the heading of the paragraph relating to Master’s Degrees so as to read:
For the degree of Master of Arts, Advanced Study, Business Administration, Corporate Law, Education, Engineering, Finance, Law, Letters, Mathematics, Music, Natural Sciences, Philosophy, Research, Science, Studies, or Surgery
(d)The Schedule appended to the regulations for forms of presentation for degrees and forms of admission to degrees (Statutes and Ordinances, p. 188):
By adding to the second group of degrees the following entry:
For the M.C.L. Degree Magistri in Jure Negotiationis Societatum
(e)The regulations for the order of seniority of graduates (Statutes and Ordinances, p. 188):
By inserting after the entry for Masters of Law the entry ‘Masters of Corporate Law’
(f)The regulations for academical dress (Statutes and Ordinances, p. 189):
By inserting under the subtitle Black Gowns, after the entry relating to the LL.M. Degree, the following entry:
M.C.L.: the LL.M. gown;
By inserting under the subtitle Hoods, after the entry relating to the LL.M. Degree, the following entry:
M.C.L.: the LL.M. hood but with a part lining of white silk four inches (10 cm) deep;
(g)The Schedule to the regulations for the review procedure for examinations for undergraduate and certain other qualifications (Statutes and Ordinances, p. 242):
By inserting in the Schedule, below the entry for the LL.M. Degree, the entry:
M.C.L. Degree
(h)The general regulations for Examiners and Assessors (Statutes and Ordinances, p. 242):
Regulation 9.
By inserting after the entry ‘Master of Law’ the entry ‘Master of Corporate Law’.
By inserting in Schedule (c) after the entry ‘LL.M.’ the entry ‘M.C.L.’.
(i)The regulations for payments to Examiners and Assessors (Statutes and Ordinances, p. 243):
Regulation 3(a)
By inserting in line 3 after the entry ‘LL.M.’ the entry ‘M.C.L.’.
|
15 November 2010 |
L. K. Borysiewicz, Vice-Chancellor |
S. J. Cowley |
Vanessa Lawrence |
|
Ross Anderson |
M. J. Daunton |
Debbie Lowther |
|
|
N. Bampos |
A. M. Donald |
Mavis McDonald |
|
|
R. J. Barnes |
R. J. Dowling |
Rachael Padman |
|
|
Nigel Brown |
David Good |
David Simon |
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|
William Brown |
Christopher Hum |
Joan M. Whitehead |
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|
M. R. Clark |
F. P. Kelly |
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3 November 2010 |
L. K. Borysiewicz, Vice-Chancellor |
Simon Franklin |
Rachael Padman |
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N. Bampos |
Andrew Gamble |
J. Rallison |
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William Brown |
C. A. Gilligan |
Jeremy Sanders |
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H. A. Chase |
David Good |
Patrick Sissons |
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Philip Ford |
Maria Helmling |
Joshua Ward |
1. A candidate for the Master of Corporate Law (M.C.L.) Examination:
(a)must be approved by the Faculty Board of Law, who shall assign to each candidate a date of commencement of candidature; and
(b)shall pursue in the University a course of study prescribed by the Faculty Board of Law, which shall extend over three terms.
2. The Faculty Board may approve as a candidate for the M.C.L. Examination any student who has satisfied the Faculty Board that by reason of previous study or practice of law he or she is qualified to engage in postgraduate study of law at an advanced level.
In giving approval the Faculty Board may require a student:
(a)to obtain such class or grade as they may think fit in any examination taken or to be taken by the student;
(b)to be a candidate for the M.C.L. Examination in a particular year specified by the Faculty Board.
3. A student whose candidature has been approved under Regulation 2 may be a candidate for the M.C.L. Examination provided that he or she has kept at least two terms at the time of the examination.
4. No student shall be a candidate for the M.C.L. Examination on more than one occasion, or for the M.C.L. Examination and another University examination in the same term.
5. The course of study leading to the M.C.L. Examination shall provide students with an advanced understanding of the law and regulation which governs the operation of business corporations in the UK. No student’s name shall appear on the list of successful candidates for the M.C.L. Examination unless the Chairman of the Faculty Board of Law is satisfied that the student has diligently attended the course.
6. The M.C.L. Examination shall consist of two sections as follows:
(a) Written papers
Not more than fifteen subjects, prescribed by the Faculty Board of Law. Each paper shall be designated as either a full paper or a half-paper. Before the end of the Easter Term each year the Faculty Board shall announce the subjects prescribed for the examination to be held in the academical year next following, and shall give notice of the form of the examination for each subject, which shall be:
(i)for each full paper, a written paper of three hours’ duration,
(ii)for each half-paper, a written paper of two hours’ duration.
(b) Course-work
Such course-work as may be prescribed by the Faculty Board from time to time.
7. The Faculty Board shall have power to restrict candidates’ choice of subjects, and their choice of questions within a written paper; any such restriction shall be announced not later than the second Friday of the Full Michaelmas Term next preceding the examination.
8. Courses prescribed by the Faculty Board under Regulation 6(a) shall be published in the Reporter by the first Monday in the August next preceding the academical year in which those courses are to be conducted. Any such course prescribed by the Faculty Board may be withdrawn by the Board upon notice given in the Reporter within the first three weeks of Full Michaelmas Term in the academical year in which the course was to have been conducted. Each candidate who has applied to take part in a course so withdrawn shall be informed of its withdrawal by the Secretary of the Faculty Board.
9. Each candidate shall offer:
(i) one full paper prescribed for examination under Regulation 6(a)(i); and
(ii) four half-papers prescribed for examination under Regulation 6(a)(ii), and
(iii) course-work prescribed under Regulation 6(b).
10. The names of the candidates who satisfy the Examiners for the M.C.L. Examination shall be arranged in three classes, of which the second shall be divided into two divisions. The names in the first and third classes and in each division of the second class shall be arranged in alphabetical order. A mark of distinction shall be affixed to the names of those students placed in the first class whose work is of special merit.
11. Examiners for the M.C.L. Examination shall be nominated by the Faculty Board of Law. The Faculty Board shall nominate such number of Examiners as they shall deem sufficient. The provisions of the regulations for the Law Tripos relating to the appointment and duties of Assessors shall apply mutatis mutandis to the M.C.L. Examination.
12. On completing the requisite number of terms, a student who has satisfied the Examiners for the M.C.L. Examination and has met the requirements of Regulation 5 shall be entitled to proceed to the M.C.L. Degree.
13. A student who is a candidate for the M.C.L. Examination shall pay the appropriate University Composition Fee.