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78102 LLM Project by Research

Warning: The information on this page is indicative. The subject outline for a particular session, 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 handbook information prior to 2017 is available in the Archives.

UTS: Law
Credit points: 8 cp
Result type: Grade and marks

Requisite(s): ( 78100c Postgraduate Legal Research OR ((102 credit points of completed study in spk(s): C04236 Juris Doctor OR 102 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration) AND 70717 Evidence and Criminal Procedure))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 76040 Research Thesis AND 77740 Research Paper

Description

This subject comprises the research and writing of a supervised thesis on an approved topic in law. The thesis is in the range of 10,000 to 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 session 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. Early submission of proposal and form is encouraged. Forms are accepted from Week 12 of the preceding session. The last date to submit forms is the Friday two weeks before the start of session, to allow for processing.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. define a research question and identify an appropriate methodology;
2. demonstrate critical thinking reflecting currency of research and breadth and depth of knowledge;
3. critically analyse and evaluate relevant primary and secondary material;
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.

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes:

  • Legal Knowledge
    An advanced and integrated understanding of a complex body of legal knowledge including the Australian legal system, social justice, cultural and international contexts, the principles and values of ethical practice, and contemporary developments in law and its professional practice (1.0)
  • 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

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 Coursework Research Workshop usually held in the first week of the semester.

You are expected to meet with your supervisor throughout the semester on a mutually agreed basis.

Content (topics)

The research consists of an independent theoretical or doctrinal investigation of an approved topic in law. It is envisaged that the research thesis 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 listed in the ‘Assessment’ section of the subject outline.

The assessment for this subject consists of a supervised research thesis of a defined word limit.

Assessment

Assessment task 1: Supervised LLM Project by Research thesis of 10,000 - 12,000 words

Intent:

The assessment for this subject consists of: 100% - A supervised LLM Project by Research thesis of 10,000 - 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.
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:

1.0, 3.0, 4.0, 5.0 and 6.0

Length:

10 000 to 12 000 words, excluding appendices, tables, the abstract, any preface and the bibliography. It also excludes footnotes unless they contain substantive text, which will be included.

Please note that the word limit will be strictly enforced. There is a 10% leeway, after which 1% of the marks will be deducted for every 100 words in excess.
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 evaluated the various issues raised by 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 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, and
  • demonstrated a standard of editing and presentation (including presentation of footnotes/endnotes and bibliography in accordance with the UTS: Law preferred style) as set out in the UTS:LAW Guide to Written Communication.

Required texts

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)