University of Technology Sydney

78101 Postgraduate Legal 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 2021 is available in the Archives.

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

Requisite(s): ((22 credit points of completed study in spk(s): C04264 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies)) 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. See access conditions.

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 learning objectives (SLOs)

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

1. Identify and explain the broad contexts of legal research, the various constituencies of that research and the different forms of analysis of that research;
2. Construct a literature review, frame a legal research question, develop an appropriate methodology and overall strategy for advanced research;
3. Demonstrate persuasive and effective written and oral communication skills;
4. Synthesise and critically identify, use and evaluate a range of legal resources;
5. Value and promote integrity, truth, accuracy, honesty, ethical behaviour and accountability in research;
6. Record, store and manage research data.

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)

Teaching and learning strategies

Strategy 1 Two workshops will be held in the first half of the session. These workshops will be conducted in small groups. The first workshop will further explore the range of methodologies available to legal researchers. Students will work in groups to assist each other in developing ideas for their research project. There will be opportunities for feedback on the proposed research questions and the methodologies which may apply to them. In order to achieve the most from these workshops students are expected to have read materials provided on CANVAS, postings from other students and come to the workshops prepared to ask questions and to discuss any issues arising from the materials.

Strategy 2 Students will work to produce resources on CANVAS which reflect their research interests and explain a range of legal research methodologies. These resources will comprise an individual podcast which introduces the respective student’s research question and wikis which are produced collaboratively. Both these resources will be available to all the class members for discussion and seminar leader feedback (see Strategy 3 below).

Strategy 3 Students will participate in on-line discussions in response to the podcasts and wikis produced in a way which enables the participants to assist each other in developing their skills in legal research methodologies and the development of a research question.

Strategy 4 Students will produce an individual research proposal which be guided by the peer and seminar leader feedback on their podcast, and the collaborative work relied upon to produce the wikis.

Content (topics)

  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
  4. Methodology and Methods II
    • Doctrinal Research
  5. Methodology and Methods III
    • Comparative Research
    • Researching US and European Law
    • International Legal Resources Overview
  6. Methodology IV
    • Socio-Legal Research and Ethics

Assessment

Assessment task 1: Oral Presentations

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 and 5.0

Weight: 20%
Length:

800 to 1,200 words
Criteria:

Podcast Assessment criteria

  • Research topic is creative and focused and addresses potentially significant issues;
  • Podcast Presentation clearly states: the research aim, question and rationale for the project;
  • Podcast presentation is well structured and communicates the proposed research project clearly.
  • Constructive and perceptive comments on classmates’ podcasts in light of above criteria.

Assessment task 2: Group Wiki Project

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 and 5.0

Weight: 40%
Length:

Wiki maximum 2500 words (collaborative project, but individual student contribution maximum 800 words)
Criteria:

Wiki assessment criteria

  • Effective demonstration of communication skills
  • Demonstration of independent thinking, creativity, critical analysis and evaluation
  • Ability to identify, use and evaluate a range of resources relevant to research in a legal context
  • Demonstrate an understanding of the broad contexts of legal research and the different forms of analysis.
  • Online contributions which demonstrate critical analysis and insight relevant to topic.

Assessment task 3: Individual Project

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 4 and 6

This task contributes specifically to the development of the following graduate attributes:

3.0, 4.0 and 5.0

Weight: 40%
Length:

2500 words
Criteria:

Individual Research Project Assessment Criteria

  • The literature review synthesises and communicates the information from a range of sources with clarity, depth and appropriate breadth to create a useful overview of the field of study and established themes.
  • Clearly and succinctly stated research question(s), appropriate in scope and clearly emerge from the literature review.
  • Significance of the research is clearly and concisely explained including the contribution to knowledge and potential outcomes.
  • Proposed project methodology and structure demonstrate clarity and understanding of interrelatedness of project’s parts to the whole.
  • The proposal is well written including the effective use of: appropriate grammar, syntax and punctuation; sentences and paragraphs to organise and communicate thoughts.
  • Correct and appropriate referencing using UTS Law Faculty style, AGLC (3rd edition). AGLC is available at http://www.law.unimelb.edu.au/mulr/aglc.

Required texts

Terry Hutchinson, Researching and Writing in Law (4th ed, 2018)

Recommended texts

Australian Guide to Legal Citation, (4th ed, 2018). The guide can be viewed online here

Other resources

Books

  • Michele Asprey, Plain Language for Lawyers (4th ed, 2010)
  • Wayne Booth, Gregory Colomb and Joseph Williams, The Craft of Research (3rd ed, 2008)
  • Bott, Cowley and Falconer, Nemes and Coss’ Effective Legal Research, (6th ed, 2016)
  • Cook, Creyke, Geddes and Hamer, Laying Down the Law (9th ed, 2015)
  • Margaret Davies, Asking the Law Question (3rd ed, 2008)
  • Norman Denzin, The Landscape of Qualitative Research (4th ed, 2013)
  • David Evans and Paul Gruba, How to Write a Better Thesis (3rd ed, 2011)
  • Foster, S, How to Write Better Law Essays (3rd ed, 2011)
  • Tony Greenfield (ed), Research Methods for Postgraduates (2nd ed, 2002)
  • Rupert Haigh, Legal English (3rd ed, 2012)
  • Simon Halliday, Conducting Law and Society 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 (3rd ed, 2010)
  • Tim May, Social Research: Issues, Methods and Process (4th ed, 2011)
  • 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 (3rd ed, 2013)
  • Sue Milne and Kay Tucker, A Practical Guide to Legal Research (2nd ed, 2010)
  • Keith Punch, Developing Effective Research Proposals (2nd ed, 2010)
  • 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 (4th ed, 2012)
  • 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