76096 Experiential Research and Law
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Subject handbook information prior to 2017 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 70617 Administrative Law
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78291 Experiential Legal Research
Description
This subject provides students with an experiential learning opportunity through their participation in aspects of a research project that is at proposal/development stage or currently underway at UTS. The research projects vary in terms of purpose, methodologies and the stage at which students are invited to participate. Students participate as research assistants and this is an element of the UTS Ethics application approval. Students actively contribute to many aspects and phases of research project planning and development of the research. These could include: contributing to the development of research questions, conducting literature reviews, and advancing research strategies and methodologies. Some projects also offer students the opportunity to actively participate in ongoing project field work, writing ethics applications, formulation of surveys, data collection and analysis, transcription of interviews and writing reports or other communications. Working on these projects enables students to develop and apply analytical, research, communication and collaborative skills that are important for legal professionals and researchers in the context of tangible projects and outcomes.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Apply analytical and strategic reasoning to generate appropriate responses to legal issues, and research questions, issues and tasks. |
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| 2. | Identify, distinguish, evaluate and apply relevant research methodologies and resources to project tasks. |
| 3. | Communicate clearly, accurately and persuasively when analysing, informing and reporting on research tasks and learning experiences |
| 4. | Contribute to a research project as a reflective, self-directed and accountable researcher who can apply feedback and adapt to change |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Ethics and Professional Responsibility
An advanced and integrated capacity to value and promote honesty, integrity, accountability, public service and ethical standards including an understanding of approaches to ethical decision making, the rules of professional responsibility, an ability to reflect upon and respond to ethical challenges in practice, and a developing ability to engage in the profession of law and to exercise professional judgment (2.0) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and, demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses (3.0) - Research Skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions (4.0) - Communication and Collaboration
Effective and appropriate professional communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately (5.0) - Self management
A high level of autonomy, accountability and professionalism, the ability to implement appropriate self-management and lifelong learning strategies including initiating self-directed work and learning, judgment and responsibility, self assessment of skills, personal wellbeing and appropriate use of feedback and, a capacity to adapt to and embrace change (6.0)
Teaching and learning strategies
The assessment component of the subject is intended as a learning device. It is not just about getting good marks. Student involvement and seminar presenter facilitation of discussion are crucial ingredients. Each element of assessment will evaluate the attainment of specific subject knowledge and skills. The assessment pattern is intended to recognise and complement the growth in a student's understanding of the substantive and skills components in the subject progression.
Strategy 1 Student Preparation: Students prepare for seminars and workshops by completing self-directed work outside of the classroom. Students also attend an Endnote workshop at the UTS Library and participate in a UTS ETHICS workshop both of which are timetabled into the subject program. Students engage with a range of research resources, journal articles and other sources that introduce seminar topics and provide access to ideas about research. These will be available on UTSOnline prior to the commencement of the subject. This preparation will enable students to participate actively in the seminars and workshops and to deepen their understanding of the research process and to apply that knowledge to research tasks.
Strategy 2 Research Seminars and Workshops: Students develop a range of research skills and improve their understanding of the research process by participating in seminars and workshops. Research seminar topics could include research protocols and methods, research ethics, library tutorials, identifying legal and research issues, how to complete an ethics application, how to conduct and write a literature review, data collection and analysis and how to write a research report. Research seminars involve collaborative brainstorming to generate tangible applications of the research topics to the project being undertaken. Research workshops are directly related to the particular stage of the project. In these workshops students perform allocated research tasks such as preparing documentation, formulating research questions and protocols, and collating and analysing data. Students have opportunities in the seminars and workshops to plan research activities and tasks, discuss and report on their allocated research tasks, and reflect on their learning experiences.
Strategy 3 Participation in Research Activities: The ability to understand the research process and analyse different approaches to research are essential academic and professional skills for law. Students have a range of opportunities to practise advanced research skills and apply their strategic and analytical thinking as they identify and investigate legal and research issues. Depending on the nature of the project, research tasks may need to be completed by specific times to meet project deadlines and to report on the progress of the project. The ongoing research project tasks also enable students to develop their professional planning and organisation, teamwork, problem solving and interpersonal skills.
Strategy 4 Research Team Collaboration: Participating in a research project requires teamwork and students collaborate to complete research tasks and report on their progress. These activities provide students with the opportunity to develop their communication and interpersonal skills, including being responsive and adaptive to the perspectives of collaborators, utilising appropriate communication strategies and adapting strategies as required. Students also share their experiences with other students in collaborative discussions, informing, analysing and reporting on research tasks and their learning.
Strategy 5 Critical Reflection: Students will reflectively analyse their experiences, including what they did, thought, felt and learnt; and connect this to their ‘actions’ in the research project and their learning. Students’ critical evaluation of their participation and performance is an important part of monitoring learning and outcomes of this subject. Opportunities to discuss these learning experiences will be provided in seminars where students share their experiences. Reflection is an ongoing process and students keep a research portfolio record their reflections.
Strategy 6: Feedback: During each seminar the coordinator will give each student a participation feedback form so that feedback can be given on a regular basis on how the student is performing relative to the assessment criteria for class participation thus enabling students to review and remedy any gaps and improve their performance. The class participation feedback form will be available on UTSOnline prior to the commencement of the subject and students will receive class participation feedback prior to the census date. Written feedback on the written assessment task is provided to students as a whole by means of an assignment marking guide posted on UTSOnline upon return of the assignment papers, as well as to each student individually through comments attached to the marked assignment papers. This feedback will assist students to identify aspects of legal analysis and problem-solving that needs to be improved in preparation for the formal examination. Each class offers students the opportunity to ask questions about any aspect of the material being discussed. The class discussions allow students to receive timely and relevant feedback on their work, their understanding of the subject tasks, assessment and content.
Subject Delivery
This subject requires weekly participation in research seminars, workshops and research activities planned with the subject co-ordinator. Each week there is a two hour research seminar and a one hour research workshop.
Content (topics)
May include:
- Research contexts purpose and strategies
- The development of research questions
- Research methodologies
- Project planning and development
- Research ethics
- Data collection (surveys, transcription of interviews)
- Data analysis
- Writing for research and communications.
Assessment
Assessment task 1: Class and research participation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 3.0, 4.0, 5.0 and 6.0 |
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| Weight: | 35% |
| Length: | Notional word limit 1500 words |
| Criteria: |
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Assessment task 2: Research Portfolio
| Intent: | This task gives students the opportunity to evaluate how they have applied analytical and strategic reasoning and practical skills to complete research tasks that they have been working on in the project. It is intended to further develop reflection, analytical thinking, self-assessment of skills and practical research skills. This assessment task gives the student opportunities to critically reflect on participation and experience in the research project. Reflection helps us make sense of our experiences and it enhances our understanding of what has been learned. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 3.0, 4.0, 5.0 and 6.0 |
| Weight: | 20% |
| Length: | 2000 words |
| Criteria: |
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Assessment task 3: Lightning Presentation
| Intent: | This task gives you the opportunity to present on an aspect of the research study. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 3.0, 4.0 and 5.0 |
| Weight: | 10% |
| Length: | Presentation of 3 minutes maximum, notional word limit 500 words. |
| Criteria: |
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Assessment task 4: Written Essay
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 2.0, 3.0 and 5.0 |
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| Weight: | 35% |
| Length: | 2000 words |
| Criteria: |
The assessment criteria feedback sheet is available on UTSOnline. At the beginning of the semester, students will be given guidance as to how each of the criteria will be assessed and an opportunity to ask questions. Marked essays will be returned to students with a completed assessment criteria feedback sheet, so that students can readily ascertain the strengths and weaknesses in their research essay. A summary of all feedback given to students for the research essays. |
Minimum requirements
This subject is taught at Masters level. All students will need to achieve the advanced subject learning outcomes of self-management, critical reflection and professional responsibility through their participation in the internship and pre-departure preparations, their critical reflection and their debriefing presentation.
Recommended texts
- T Hutchinson, Researching and Writing in Law (3rd ed, 2010, Lawbook)
- Dawn Watkins and Mandy Burton (eds), Research Methods in Law (Routledge, 2013)
- Australian Guide to Legal Citation (3rd ed 2010) available online http://www.law.unimelb.edu.au/files/dmfile/FinalOnlinePDF-2012Reprint.pdf
- Wayne Booth, Gregory Colomb and Joseph Williams, The Craft of Research (The University of Chicago Press, 3rd ed, 2003)
- Bruce Bott and Jill Cowley, Nemes and Coss' Effective Legal Research (Butterworths, 3rd ed, 2008)
- J Bell, Doing your Research Project: A Guide for First-Time Researchers in Education and Social Science (Open University Press, 4th ed, 2005)
- Alan Bryman, Social Research Methods (Oxford University Press, 2012)
- P Cryer, The Research Students Guide to Success (Open University Press, 3rd ed, 2006).
- Margaret Davies, Asking the Law Question (Thomson Reuters, 3rd ed, 2008)
- Norman Denzin and Yvonna Lincoln (eds), The Landscape of Qualitative Research (Thomson Reuters, 3rd ed, 1998)
- Norman Denzin and Yvonna Lincoln (eds), Strategies of Qualitative Inquiry (Sage, 4th ed, 2013)
- Simon Halliday, Conducting Law and Social Research: Reflections on Methods and Practices (Cambridge University Press, 2009)
- Margaret McKerchar, Design and Conduct of Research in Tax, Law and Accounting (Thomson Reuters, 2010)
- M Meehan and G Tulloch, Grammar for Lawyers (LexisNexis, 3rd ed 2013)
- Sue Milne and Kay Tucker, A Practical Guide to Legal Research (Thomson Reuters, 2nd ed, 2010)
- Mark Van Hoecke (ed), Methodologies of Legal Research: Which kind of Method for what kind of discipline? (Hart, 2011)
- Rob Watt and Francis Johns, Concise Legal Research (Federation Press, 6th ed, 2009).
