78100 Postgraduate Legal Research

Warning: The information on this page is indicative. The subject outline for a particular semester, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject level: Postgraduate

Handbook description

This subject develops theoretical understandings and practical applications of research across the discipline of law and related fields. It explores the traditional boundaries of legal research within the development and application of empirical methodologies. Emphasis is placed upon currency in legal research; the application of quantitative and qualitative methodologies to legal research and refining research skills in interdisciplinary areas with application to legal research.

Subject objectives/outcomes

This subject will assist students to develop graduate attributes by pursuing the following learning objectives. Students will undertake class activities to practise their development of these attributes, and will complete a range of assessment tasks designed to assess their attainment of the identified attributes. By the time you have completed this subject, you should be able to demonstrate the following knowledge and skills:

1. Appreciation of the broad contexts of legal research, the various constituencies of that research and the different forms of analysis of that research. (Targeting Graduate Attributes 1, 2,3, 4, 9 and 10)
2. Ability to construct a literature review, frame a legal research question, develop an appropriate methodology and overall research strategy. (Targeting Graduate Attributes 1, 2, 3 and 4)
3. Effective written and oral Communication skills (Targeting Graduate Attributes 1,2, and 3)
4. Ability to competently identify, use and evaluate a range of legal resources. (Targeting Graduate Attributes 4 and 6)
5. Capacity to value and promote integrity, truth, accuracy, honesty, ethical behaviour and accountability in research. (Targeting Graduate Attribute 7)
6. Ability to record, store and manage research data. (Targeting Graduate Attributes 4 and 6)

Contribution to course aims and graduate attributes

The UTS, Faculty of Law has identified a number of professional attributes that graduates from the Faculty will possess upon graduation.

INTELLECTUAL
1.Critical Thinking: An appropriate level of independent thinking, creativity and critical analysis.
2.Analysis and Evaluation: An ability to strategically analyse issues of law, evaluate options and viewpoints to reach and implement decisions.
3.Spoken and Written Communication: Advanced oral and written communication skills.
4.Legal Research and Technological Literacy: Appropriate research techniques to acquire, distil and utilise legal information.

PROFESSIONAL
5.Disciplinary Knowledge: A coherent and extensive knowledge of substantive and procedural law.
6.Lifelong Learning: A capacity to continually update the knowledge skills and awareness appropriate to the practice of law.
7.Ethics: A capacity to value and promote honesty, accountability and ethical standards.

PERSONAL
8.Self and Cooperative Work Management: Self and priority management skills including cooperative work.
9.Cultural Awareness and a Global Outlook: An appreciation and valuing of cultural and intellectual diversity and an ability to function in a global environment.
10.Social Justice: An acknowledgement and acceptance of individual responsibilities and obligations and of the assertion of the rights of the individual and the community.

Teaching and learning strategies

Strategy 1 This subject will be taught in small groups using a combination of seminar-style discussion classes and workshops. There will be a total of seven x four hour classes during the semester (see seminar timetable above). For each class you should consult the seminar guide to determine the scheduled topics, the prescribed reading and any seminar questions to be completed.
Strategy 2 Seminar–style classes are discussion-based and you will be required to participate in class discussions. There will be no lectures in this subject. The learning environment in the seminars is intended to be lively, intellectually challenging, interesting and supportive. In class you can expect to be given opportunities to ask questions and to discuss any issues arising from the topic.
Strategy 3 Time will be allocated in most classes for you to work independently on tasks for your research portfolio in one of the computer labs.

Subject Delivery

This subject has 4 contact hours per week for seven weeks consisting of 1 x 4 hour seminar/work

Content

1. Introduction—The Nature of Legal Research
2. Legal Resources Overview
3. Managing Research, Recording and Storing Data (Library session)
4. Methodology and Methods I
   • Legal Theory
   • Legal Writing
5. Methodology and Methods II
   • Doctrinal Research
6. Methodology and Methods III
   • Comparative Research
   • Researching US and European Law
   • International Legal Resources Overview
7. Methodology IV
   • Socio-Legal Research and Ethics

Assessment

Assessment Item 1: Class participation

Assessment Item 2: Research Portfolio

Required texts

Terry Hutchinson, Researching and Writing in Law, (3rd ed, 2010)

Recommended texts

Australian Guide to Legal Citation, (3rd ed, 2010). The guide can be viewed online at http:// mulr.law.unimelb.edu.au/go/AGLC3.

Other resources

Books

• Michele Asprey, Plain Language for Lawyers (3rd ed, 2003)
• Wayne Booth, Gregory Colomb and Joseph Williams, The Craft of Research (2nd ed, 2003)
• Bott, Cowley and Falconer, Nemes and Coss’ Effective Legal Research, (3rd ed, 2007)
• Cook, Creyke, Geddes and Hamer, Laying Down the Law (7th ed, 2009)
• Margaret Davies, Asking the Law Question (3rd ed, 2008)
• Norman Denzin and Yvonna Lincoln (eds), The Landscape of Qualitative Research (1998)
• David Evans and Paul Gruba, How to Write a Better Thesis (2nd ed, 2002)
• Foster, S, How to Write Better Law Essays (2007)
• Tony Greenfield (ed), Research Methods for Postgraduates (2nd ed, 2002)
• Rupert Haigh, Legal English (2008)
• Simon Halliday, Conducting Law and Social Research: Reflections on Methods and Practices (2009)
• Mark Israel and Iain Hay, Research Ethics for Social Scientists: Between Ethical Conduct and Regulatory Compliance (2006)
• Ros Macdonald and Deborah Clark-Dickson, Clear and Precise: Writing Skills for Today’s lawyer (2nd ed, 2005)
• Tim May, Social Research: Issues, Methods and Process (2nd ed, 1997)
• Mike McConville and Wing Hong Chui, Research Methods for Law (2007)
• Margaret McKerchar, Design and Conduct of Research in Tax, Law and Accounting(2010)
• M Meehan, Grammar for Lawyers (2007)
• Sue Milne and Kay Tucker, A Practical Guide to Legal Research (2008)
• Keith Punch, Developing Effective Thesis Proposals (2000)
• Gordon Rugg and Marian Petrie, A Gentle Guide to Research Methods (2007)
• Michael Salter and Julie Mason, Writing Law Dissertations: An Introduction and Guide to the Conduct of Legal Research (2007)
• Anita Stuhmcke, Legal Referencing (3rd ed, 2005)
• Rob Watt and Francis Johns, Concise Legal Research, (6th ed, 2009)

Journals

• Journal of Empirical Legal Studies
• Social and Legal Studies
• Law Text and Culture
• Journal of Law and Society
• International Journal of the Sociology of Law
• Law and Society Review
• Law and Social Inquiry
• Law and Critique
• Law in Context
• Canadian Journal of law and Society
• Criminal Justice Studies (A Critical Journal of Crime, Law and Society)
• Law and Literature
• Yale Journal of Law and the Humanities
• Ratio Juris