University of Technology Sydney

77740 Research Paper

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 2020 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): ( 78101c Postgraduate Legal Research OR ((22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies)) OR 77905 Preparing for Intellectual Property Practice OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law))
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 78102 LLM Project by Research

Description

This subject must be undertaken before a student can be awarded a postgraduate law degree with distinction. It can also be taken as an elective subject.

This subject is designed to enable students to acquire higher order research and writing skills, and to have the opportunity to undertake a 6000 word written work on an approved topic of law. The written work will be undertaken in a format appropriate to the topic, for example academic essay, NGO Report, government submission, opinion for counsel. This enables students to further develop their communication and research skills by writing a sustained and persuasive argument that demonstrates their ability to articulate legal issues, evaluate and synthesise research materials, and to think creatively and strategically. The variety of formats gives students exposure to forms of writing that they may encounter in their future employment.

Students undertake four two-hour workshops designed to enable them to acquire the analysis and research skills required to undertake a substantial piece of writing. They are aided to define the topic, choose a method and to improve practical research skills. Students are then supported through the writing process by an academic supervisor who provides feedback on the progress of the written work and the students' learning.

Students also develop skills in self-management by undertaking self-directed work and learning, and by responding to and applying feedback.

Subject learning objectives (SLOs)

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

1. Apply an appropriate methodology which facilitates logical, original, persuasive and justifiable arguments in response to the research question.
2. Communicate critical thinking through analysing, evaluating and synthesising relevant research materials and effectively integrating this into the argument.
3. Undertake independent research and self-directed learning and use feedback to improve research, analysis and writing skills.
4. Clearly express reasoning, logically structure the argument and comply with academic writing and style requirements.

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:

  • 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

Strategy 1:

Prior to enrolling in the subject students should identify an appropriate academic supervisor in their broad area of interest and in which they intend to write a substantial paper. During the subject this supervisor will be able to help them to develop and refine a suitable topic.

In order to collaborate effectively on the written paper students should prepare for any communications with their supervisor during the teaching session. This includes speaking to their potential supervisor about methods and times of communication, expectations of meetings (face to face/online) and feedback strategies.

Students should attend the first workshop (see Strategy 2) with their broad area of interest and preliminary thoughts as to topic.

Prior to attending the workshop students will complete the CANVAS integrity quiz and review the recommended materials which include the UTS:Law Guide to Written Communication and the Australian Guide to Legal Citation (relevant edition). Students must do this preparation prior to the Workshop to reinforce their understanding of academic integrity from previous semesters and to ensure disclosure of any prior work in their research area. The Workshop will specifically revise any issues of concern identified by students as a result of this preparatory work.

Strategy 2:

Students will attend 4 workshops in weeks 1, 2, 3, 4. The first three will be led by the Subject Coordinator. Workshop 4 will be led by library staff. Workshop 1 is designed to get students started. It will cover the procedural aspects of the subject (subject requirements, working with a supervisor, strategies for effective research and writing). Aspects which may be new to this type of arrangement for students will be discussed. For example, the concept of self-management in terms of the relationship they will have with their supervisor requires discussion and debate. Students will be required to debate the efficiency of approaches to their supervisor in terms of feedback; frequency of feedback; incorporating feedback; setting meeting dates and times and supervisor time frames. Students will be required to set a self-management timetable for the teaching period.In workshop 1 students also will work to define and refine their research topics.

Workshop 2 will introduce students to different research methods and help them to choose an appropriate method for their topic. Workshop 3 will focus on writing styles and formats. The subject offers students a range of writing formats and this workshop is designed to help them think about matching an appropriate format to their topic. Workshop 4 is led by the library staff and is designed to ensure students have the high level research and referencing skills needed to successfully complete their paper.

All of the workshops are designed to be collaborative. Students will need to be prepared to discuss and debate their topics, formats and writing choices. They will need to pre-prepare material for each session and be prepared to discuss that material at the workshop.

Students will also attend a week 7 writing workshop held in conjunction with 76040.

Strategy 3:

Throughout the teaching session students will communicate the progress of their work and solicit feedback on the topic and proposal from both the Subject Coordinator and their supervisor. After initial contact as to supervision, students will have the opportunity in the workshops (see Strategy 2) to define and refine their topics. They will then be able to work with their academic supervisor on writing of the paper. Once writing has commenced, students will receive feedback during the teaching session from their supervisor on an agreed basis. By applying the feedback received from supervisors students will develop and improve their research, analytical and academic writing skills.

Strategy 4:
Self-management and self-directed work are a key part of learning in this subject. Collaboration between the academic supervisor and student depends on the student’s ability to complete tasks, submit them in a timely manner and to solicit specific feedback. The skills involved in self-management are essential to legal practice and it is important that students develop these skills. Strategies for self-management and self-directed work include , exercising judgment about the content of the thesis and being responsible for the progress of the written paper; managing time effectively and meeting deadlines; the ability to self-assess skills and knowledge, including identifying areas for improvement; soliciting and applying feedback; and the ability to monitor and implement strategies to maintain personal wellbeing. Students are responsible for seeking assistance from their supervisor or the subject coordinator if they encounter difficulty managing their time or the workload involved in writing the paper.

Subject Delivery

This subject is delivered online for all of Spring session. It will be delivered via Zoom.

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.

Assessment

Assessment task 1: Workshop Tasks

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: 40%
Length:

No longer than 5 pages single spaced. This includes footnotes. The emphasis in this process is on quality not quantity. A succinct proposal is required. The shorter length should in no way indicate that this is an assessment items which does not require considerable thought and crafting.
Criteria:

The criteria for assessment of the research proposal and plan reflect the objectives of the subject. Students should:

  1. Craft a cogent research question. The research question should be appropriate in scope and depth to the word length and be achievable within the prescribed time (GA 3; GA 4);
  2. Outline and justify a research methodology which demonstrates logical, original, persuasive and complex arguments in response to the research question. (GA 4; GA 5) A justifiable methodology which facilitates a coherent, persuasive and complex response to the research question.
  3. Outline and justify a choice of writing format. Explain why this format is appropriate to the research question chosen (GA 5).
  4. A well crafted bibliography which demonstrates that students have undertaken the research needed for the paper and have a solid understanding of modern research methods (GA 4)
  5. A viable and well-thought out research timeline which shows clearly how students will progress through the writing of the paper, the timeline to be undertaken, a plan for meetings with supervisors and an understanding of how they will respond to feedback (GA 6)

Assessment task 2: Research Paper

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 4

Weight: 60%
Length:

6000 words all inclusive. This includes ALL references (reference and all other material included in footnotes), table of contents (which should include all headings and subheadings), any tables and/or appendices, and the abstract, excluding the coverpage, acknowledgements and the bibliography. There is no 10% leeway.
Criteria:

The criteria for assessing your Research Paper reflect the objectives of the subject. More specifically, any marker will be concerned to see whether and if so to what extent the thesis achieves the following:

  1. Apply and justify a research methodology which demonstrates logical, original, persuasive and complex arguments in response to the research question. (GA 4; GA 5) A justifiable methodology which facilitates a coherent, persuasive and complex response to the research question.
  2. Communicate critical thinking. (GA 3; GA 4; GA 5). A sustained thesis which is persuasively argued and consistently supported by critically evaluated. Evidence Original insight and clearly articulated critical thinking in addressing the complex problem. A high level of analysis and selective critical use and effective evaluation of research materials and the issues raised by the topic which are synthesized and effectively integrated into the argument.
  3. Be accountable independent researchers and exercise judgment with respect to using feedback to improve research, analysis and writing skills. (GA 6) Independent and thorough research which includes relevant and contemporary materials from both primary and secondary sources and, if appropriate, materials from disciplines other than law.
  4. Clearly express reasoning, logically structure the argument and comply with academic writing and style requirements. (GA 5) Conclusions which are clearly supported by appropriate, evidence, analysis and argument. Logical structure and clear expression of reasoning and argument. Compliance with academic writing and style requirements including presentation of footnotes/endnotes and bibliography in accordance with the UTS:LAW Guide to Written Communication.

Further information on the marking criteria can be found on CANVAS. The marking rubric will be available together with any additional required information. Assessment outcomes: The paper gives students an opportunity to qualify for JD (Distinction).

Required texts

Recommended texts

Recommended Reading

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 (Chicago Guides, 3rd ed, 2008)
  • C Cook, R Creyke, R Geddes and I Holloway, Laying Down the Law (LexisNexis, 9th ed., 2014)
  • Norman Denzin and Yvonne Lincoln (eds), The Landscape of Qualitative Research (Sage, 4th ed, 2012)

  • Tony Greenfield and Sue Greener (eds) Research Methods for Postgraduates (Wiley, 3rd ed, 2016)

  • Mark Israel and Iain Hay, Research Ethics for Social Scientists: between ethical conduct and regulatory compliance (Sage, 2006)

  • Simon Halliday and Patrick Schmidt, Conducting Law and Society Research : Reflections on Methods and Practices, (Cambridge University Press, 2009)
  • Sue Milne and Kay Tucker, A Practical Guide to Legal Research (Lawbook Co, 2nd ed, 2010)
  • Mike McConville and Wing Hong Chui (eds), Research Methods for Law (Edinburgh University Press, 2007))
  • Keith Punch, Developing Effective Thesis Proposals (Sage, 2nd ed., 2006)
  • Gordon Rugg and Marian Petrie, A Gentle Guide to Research Methods (McGraw Hill, 2007)
  • Rob Watt and Francsi Johns, Concise Legal Research (The Federation Press, 6th ed., 2009)

Legal writing

  • M Asprey, Plain Language for Lawyers (The Federation Press, 4th ed., 2010)
  • David Evans, Paul Gruba and Justin Zobel, How to Write a Better Thesis (Melbourne University Press, 3rd ed., 2012)•
  • Steve Foster, How to Write Better Law Essays (Pearson, 3rd ed., 2012)
  • Terry Hutchinson, Researching and Writing in Law (Lawbook, 2010)

  • Ros Macdonald and Deborah Clark-Dickson, Clear and precise: writing skills for today’s lawyer (Thomson Reuters, 3rd ed, 2010)

  • Michael Meehan, Grammar for Lawyers (LexisNexis, 3rd ed., 2007)

  • Michael Salter and Julie Mason, Writing Law Dissertations: an introduction and guide to the conduct of legal research (Pearson, 2007)