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78102 LLM Project by 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.

UTS: Law
Credit points: 8 cp

Subject level:

Postgraduate

Result type: Grade and marks

Requisite(s): (78100c Postgraduate Legal Research OR (70717 Evidence and Criminal Procedure AND (46 credit points of completed study in spk(s): C04236 Juris Doctor OR 46 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration)))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 76040 Research Thesis AND 77740 Research Paper

Handbook description

This subject comprises the research and writing of a supervised thesis on an approved topic in law. The thesis is between 8000–12,000 words providing an opportunity for postgraduate law students to further develop and refine their legal research and writing skills as well as explore and analyse a topic of law of their own choosing at a high level to produce a superior quality piece of academic work. In most cases, the thesis extends and develops research done in one or more of the electives already undertaken, but in appropriate circumstances a candidate may undertake a new topic.

While LLM students may undertake this subject as a law option subject, it is not necessary under the honours rules that LLM students complete the LLM Project by Research for the award of honours to be conferred. LLM students may qualify for the award of honours if they have received a percentage mark of at least 80 per cent in all subjects.

Enrolment in this subject for Master of Laws students is generally appropriate for students in their final semester of study.

Juris Doctor and Juris Doctor/MBA students who commenced studies in 2012 or after, are required to have provisional WAM of 73 across all subjects attempted in order to undertake this subject. The application form can be found online at http://www.law.uts.edu.au/honours/forms.html.

Early submission of proposal and form is encouraged. Forms are accepted and processed from Week 12 of the preceding semester. The last date to submit forms is two weeks before the commencement of semester to allow for processing.

Subject objectives/outcomes

By the time you have completed this subject, you should be able to demonstrate the following knowledge, skills and professional attributes:

Objective 1: presentation of a sustained thesis supported by critically evaluated evidence
Objective 2: demonstrated insight and originality in research and writing
Objective 3: demonstrated high level of understanding of the chosen topic
Objective 4: demonstration of high level analysis and critical evaluation of relevant primary and secondary material
Objective 5: demonstrated research ability that reflects breadth, depth and currency of issues and materials
Objective 6: demonstrated writing ability that reflects reasoning, coherence and compliance with style requirements regarding reference and citation

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.


OBJECTIVES
1. Define a research question and identify an appropriate methodology (Attribute: Critical thinking)
2. Exhibit critical thinking reflecting currency of research and breadth and depth of knowledge. (Attribute: Critical thinking; Analysis and evaluation; Disciplinary knowledge)
3. Critically analyse and evaluate relevant primary and secondary material (Attribute: Legal research and technological literacy; Critical thinking; Analysis and evaluation)
4. Produce an original LLM Project by Research demonstrating an effective writing style and reflecting sound reasoning, clarity of thinking and compliance with style requirements. (Attribute: Critical thinking; Analysis and evaluation; Spoken and written communication)

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

In this subject you are expected to engage in independent research under the guidance and supervision of your supervisor. While there are no formal classes in this subject, all students are expected to attend a workshop usually held in the week prior to the commencement of the semester.You are expected to meet with your supervisor throughout the semester on a mutually agreed basis.

Teaching and Learning Strategies
In this subject you are expected to engage in independent research under the guidance and supervision of your supervisor.

While there are no formal classes in this subject, all students are expected to attend the 76040 Research Thesis Workshop which for Autumn semester 2012 is scheduled for Saturday 25 February from 1:30pm - 4pm at the UTS Law Faculty, Haymarket Campus in Room CM05B.3.17.

Assessment

Assessment Item 1: Supervised LLM Project by Research thesis of 8,000 - 12,000 words

Intent: The assessment for this subject consists of: 100% - A supervised LLM Project by Research thesis of 8,000 - 12,000 words (excluding footnotes/endnotes, appendices, tables and bibliography). The LLM Project by Research consists of an independent theoretical or empirical investigation of an approved topic in law. It is envisaged that the LLM Project by Research will build on existing abilities to write well-researched and critical essays but goes beyond this in several fundamental ways as is apparent from the assessment criteria detailed below.
Criteria:

The criteria for assessing your LLM Project by Research reflect the aims and objectives of the subject. More specifically, any marker will be concerned to see whether and if so to what extent you have:

  • presented a sustained thesis or argument supported by critically evaluated evidence,
  • understood the topic,
  • demonstrated originality and insight (The LLM Project by Research should not merely be a collection of findings from literature. Rather, it should aim to draw together information from different sources (research, theory etc) to address an area of inquiry by using literature or ideas that may never have been combined in this way before; by uncovering themes and patterns in your research; by interpreting or analysing existing literature or adding to the existing dialogue or debate on the topic).
  • demonstrated a high level of analysis and critically evaluation of the various issues raised by the topic,
  • demonstrated a high level of resolved discussion of the topic,
  • demonstrated a framework that articulates the overall approach to the discussion and (where appropriate) made explicit what theory, conceptual approach or model that has been brought to bear on the discussion of the topic,
  • developed reasoned, coherent and persuasive arguments,
  • demonstrated a logical progression to a conclusion,
  • researched your topic area to find interesting and relevant (including up-to-date) materials, from both primary and secondary sources,
  • engaged with a broad range of relevant materials and, if appropriate, explored materials from disciplines other than law,
  • demonstrated an ability to think, research and write in an independent manner,
  • presented footnotes/endnotes and the bibliography in accordance with the Law Faculty's preferred style as set out in the UTS:LAW Guide to Essay Writing [2007 Edition], and
  • demonstrated a standard of editing and presentation expected of a piece of work at this level.
  • Development of a sustained thesis or argument;
  • Understanding of the topic;
  • Insight and originality;
  • Level of analysis and critical evaluation;
  • Research skills and use of authorities ;
  • Logical development;
  • Conclusions;
  • Presentation (Including presentation of footnotes/endnotes and bibliography in accordance with the Law Faculty's preferred style).

Required texts

  • UTS:LAW Guide to Written Communication http://www.law.uts.edu.au/assessment/WrittenComm.pdf
  • UTS Policy for the Assessment of Coursework Subjects http://www.gsu.uts.edu.au/policies/assessment-coursework-policy.html
  • Procedures for the Assessment of Coursework Subjects http://www.gsu.uts.edu.au/policies/assessment-coursework-procedures.html

Recommended texts

The following are recommended references for legal research, method, writing and referencing in general:

Legal method and legal research

•Wayne Booth, Gregory Colomb and Joseph Williams, The Craft of research Third Edition, 2008
•Cook C Creyke R Geddes R and Holloway, Laying Down the Law 7th ed Butterworths Australia (introductory). 8th Edition, 2012
•Norman Denzin and Yvonne Lincoln (eds), The Landscape of qualitative research 4th Edition, 2012
•Tony Greenfield, Research methods for postgraduates, 2nd Edition 2009
•Mark Israel and Iain Hay, Research ethics for social scientists: between ethical conduct and regulatory compliance (2006)
•MacAdam A and Pyke J, Judicial Reasoning and the Doctrine of Precedent in Australia, Butterworths Sydney 1998.
•Simon Halliday and Patrick Schmidt, Conducting law and society research : Reflections on methods and Practices, CUP (2009)
•Sue Milne and Kay Tucker, A Practical guide to legal research 2nd Edition 2010
•Mike McConville and Wing Hong Chui, Research methods for law, Columbia UP (2007)
•Pearce D C and Geddes R S, Statutory Interpretation in Australia, Butterworths Sydney 7th Edition 2011
•Keith Punch, Developing effective thesis proposals (2006) update
•Gordon Rugg and Marian Petrie, A Gentle guide to research methods (2007)
•Watt R, Concise Legal Research 6th ed The Federation Press Sydney 2009.

Legal writing

•Asprey M, Plain Language for Lawyers 3rd ed The Federation Press Sydney 4th Edition 2010
•David Evans and Paul Gruba , How to write a better thesis 3rd Edition, 2012
•Steve Foster, How to write better law essays 2nd Edition, 2009
•Rupert Haigh, Legal English 3rd Edition, 2012
•Hutchinson H Researching and Writing in Law Lawbook Co Sydney 2010.
•Ros Macdonald and Deborah Clark-Dickson, Clear and precise: writing skills for today’s lawyer 3rd Edition 2010
•Michael Meehan, Grammar for lawyers (2007)
•Michael Salter and Julie Mason, Writing law dissertations: an introduction and guide to the conduct of legal research (2007)