LAW 7187 - Advanced Legal Research and Writing
North Terrace Campus - Semester 1 - 2023
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General Course Information
Course Details
Course Code LAW 7187 Course Advanced Legal Research and Writing Coordinating Unit Adelaide Law School Term Semester 1 Level Postgraduate Coursework Location/s North Terrace Campus Units 3 Contact Up to 36 hours Available for Study Abroad and Exchange Incompatible LAW 6005 Assessment Oral Presentation, Research Proposal, Critical analysis of a piece of writing Course Staff
Course Coordinator: Professor Paul Babie
Email: shane.chalmers@adelaide.edu.au
Phone: (08) 8313 7440
Building: Ligertwood Building
Room: 319Course Timetable
The full timetable of all activities for this course can be accessed from Course Planner.
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Learning Outcomes
Course Learning Outcomes
On successful completion of this course, students will be able to:- Analyse the principles of their chosen thesis topic in law, undertake legal research at an advanced level with primary and secondary materials, and evaluate complex legal information.
- Apply advanced and integrated knowledge of the law to complex issues, and critically evaluate the operation of the law from theoretical and practical perspectives.
- Structure and sustain coherent extended written arguments for a sophisticated legal audience, orally communicate complex legal concepts effectively, and critique advanced legal research from substantive and structural perspectives.
- Conduct and analyse legal research at an advanced level, write extended legal arguments effectively and persuasively.
- Analyse the impact of law from policy perspectives, and in the context of social and cultural diversity, and appreciate the value of interdisciplinary approaches.
- Reflect on their abilities to undertake individual work effectively.
University Graduate Attributes
This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:
University Graduate Attribute Course Learning Outcome(s) Attribute 1: Deep discipline knowledge and intellectual breadth
Graduates have comprehensive knowledge and understanding of their subject area, the ability to engage with different traditions of thought, and the ability to apply their knowledge in practice including in multi-disciplinary or multi-professional contexts.
1-5 Attribute 2: Creative and critical thinking, and problem solving
Graduates are effective problems-solvers, able to apply critical, creative and evidence-based thinking to conceive innovative responses to future challenges.
1-3, 5 Attribute 3: Teamwork and communication skills
Graduates convey ideas and information effectively to a range of audiences for a variety of purposes and contribute in a positive and collaborative manner to achieving common goals.
1, 3 Attribute 4: Professionalism and leadership readiness
Graduates engage in professional behaviour and have the potential to be entrepreneurial and take leadership roles in their chosen occupations or careers and communities.
1-6 Attribute 5: Intercultural and ethical competency
Graduates are responsible and effective global citizens whose personal values and practices are consistent with their roles as responsible members of society.
2, 5 Attribute 6: Australian Aboriginal and Torres Strait Islander cultural competency
Graduates have an understanding of, and respect for, Australian Aboriginal and Torres Strait Islander values, culture and knowledge.
2, 5 Attribute 7: Digital capabilities
Graduates are well prepared for living, learning and working in a digital society.
1, 4 Attribute 8: Self-awareness and emotional intelligence
Graduates are self-aware and reflective; they are flexible and resilient and have the capacity to accept and give constructive feedback; they act with integrity and take responsibility for their actions.
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Learning Resources
Required Resources
There is no required text on this topic.Recommended Resources
Recommended books will be discussed in the first class.Online Learning
MyUni will be used to post announcements, post additional lecture materials (including slides, and where available, audio recordings of lectures) and announce assignment tasks. It will also contain electronic copies of the Course Outline, Lecture and Seminar Guides, and Course Materials. Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course. -
Learning & Teaching Activities
Learning & Teaching Modes
Learning and Teaching Activities amounting to 24 hours (across lecture, seminar and structured learning activity formats) will be offered to students in this course.Workload
The information below is provided as a guide to assist students in engaging appropriately with the course requirements.
The University expects full-time students (i.e. those taking 12 units per semester) to devote a total of 48 hours per week to their studies. This means that you are expected to commit approximately 9 hours of private study in addition to your regular classes.Learning Activities Summary
1 Scholarship and the university
The first seminar is introductory. In the first half we will introduce ourselves and our research projects. In the second half we will begin to think about the craft of scholarly research and writing in the field of law by reflecting on the institution of the university and the characteristics of scholarship.2 Research ethics
In this seminar we will begin to think about the ethics of university research, beginning with the question of what it means to undertake a legal research and writing project from within a settler-colonial institution on Kaurna Country. What responsibilities might this impose on a researcher, and on a researcher of law in particular? And what might it mean to “decolonise” university research? We will also consider more general ethical questions that arise in relation to the conduct of research and writing (such as responsibilities we might have to our objects and archives of study, to scholarship and scholarly communities, and to broader publics) as well as specific questions that relate to conducting research with human participants.3 Elements and everyday life of a research project
The purpose of this seminar is to turn from the macro considerations of the university and university research to the more micro considerations of what is involved in undertaking, and completing, a major legal research and writing project. What are the conventional design elements of a project? And what does the everyday life of researching and writing look like?4 Research questions and the importance of theoretical approach
In this seminar we will focus on one the most important, and most difficult, elements of a project: formulating the research question. We will also begin to reflect on what is, for many, an even more daunting prospect: approaching our project as a theoretical matter. We will also begin to consider how these two tasks are intimately connected – how our theoretical approach shapes the questions that we ask in our research, as well as shaping all of the other elements of our project.5 Approaches - traditional
This seminar is the first in a series of four in which we will consider specific theoretical approaches to research in the field of law. The topic this week is traditional approaches. Every theoretical approach is more or less part of a tradition of thought, and therefore could be called traditional. However, the approaches that we consider this week are “traditional” not just in the sense that they are part of a tradition of thought, but also in the sense that they share an integral, affirmative relationship with a particular legal tradition. In other words, as a theoretical approach to the study of law, they are internal to that law’s own tradition of thought. While there are as many traditional approaches to law as there are legal traditions, we will consider just two in this seminar: Indigenous approaches within Indigenous Law traditions, and the doctrinal approach within Common Law traditions.6 Approaches - critical
For this week’s seminar we will turn from traditional to critical approaches. Just as there is a huge variety of traditional approaches to the study of law, there is also a huge variety of critical approaches (drawing from feminist theory, critical race theory, postmodernist and postructuralist theory, postcolonial and decolonial studies, Indigenous studies, environmental humanities, amongst many others). The purpose of this seminar is to reflect on what is distinctive about a “critical” approach. If a defining characteristic of traditional approaches is their internal, affirmative relationship with a particular legal tradition, then what kind of relationship does a critical approach have to law? The relationship is of course “critical”, but what exactly does that mean? And how might this relationship shape a research project?7 Approaches - social sciences
The third major approach to the study of law that we will consider comes under a variety of names. In continental Europe it is referred to as the sociology of law, in the UK it is called socio-legal studies, and in North America it is known as law and society. In Australia both socio-legal studies and law and society are used relatively interchangeably. While there are important differences, the purpose of this week’s seminar is to consider their similarities as an approach to the study of law “in context” that draws on disciplines in the social sciences.8 Approaches - humanities
The final approach that we will consider draws on the humanities in the study of law. Or perhaps more precisely, it approaches law as part of the humanities, and uses a range of disciplinary methods – from literary and visual studies, to history and geography, to archaeology and musicology – in order to deepen our understanding of law as a cultural phenomenon. With its contemporary roots in the field of law and literature, and overlapping with (and sometimes synonymous with) cultural legal studies, this approach has become one of the most important for the interdisciplinary study of law.9 Reading methods
In this seminar we will reflect on the activity that we spend the most time doing as researchers: reading. On one hand, this is probably the activity that we have the most training in as researchers. On the other hand, precisely because reading has become so natural for us it is also probably the activity that we reflect upon the least. The objective of this seminar is to denaturalise the practice of reading, in order to make it more available to us as a skill in our research.10 Writing methods
In the seminar this week we will consider one of the other most important activities that we do as researchers, and one of the hardest to do well: writing. A major aim of this seminar is to reflect on the significance of the written form, and what you can do with, or through, form. The other major aim is to reflect on different genres of writing as researchers in the field of law (such as the genre of the research proposal, and how this differs from the research paper, the thesis, or the essay), which will require us to think about style and audience.11 Giving and receiving feedback (workshop)
The seminar this week has been designed as a peer review workshop for your research proposals. The purpose is to enhance your skills in giving and receiving feedback in a respectful and scholarly manner, while assisting you with the development of your research proposal through feedback from your peers.12 From research proposal to research paper
In the final seminar we will consider in more detail what comes next, after you have written your research proposal, which is the research paper itself. We will do this by undertaking a forensic analysis of a model research paper. This is also an opportunity to review the course as a whole. -
Assessment
The University's policy on Assessment for Coursework Programs is based on the following four principles:
- Assessment must encourage and reinforce learning.
- Assessment must enable robust and fair judgements about student performance.
- Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
- Assessment must maintain academic standards.
Assessment Summary
Assessment Task Task Type Weighting Word count/time Due Redeemable Learning Outcomes Reflections (five) Individual 30% 300-500 words each Tuesday in Weeks
4, 5, 6, 7, 8No 1, 2, 5, 6 Peer review Individual 10% 6 minutes Wednesday in Week 11 No 1,3 Research proposal Individual 60% 4,000 words Monday in Week 13 No 1, 2, 3, 4, 5 Total 100% Assessment Detail
Research proposal
The main assessment task is a written research proposal. This assignment has two objectives: (1) to assist you with the development of your broader research and writing project; and (2) to increase your knowledge of and skills in the genre of the research proposal. The length of the research proposal is 4000 words (including references and bibliography). You will be provided with specific instructions on how to write the research proposal in Weeks 1-3 (including a seminar on the elements of a research proposal in Week 3).
Reflections
The second assessment task involves writing five reflections of 300-500 words each, due in Weeks 4-8, on how the week’s topic relates to your broader research project/proposal. This assignment has two objectives: (1) to assist you with the development of your research proposal; and (2) to deepen your engagement with the course material.
Peer review
The seminar in Week 11 is designed as a peer review workshop. The assessment task for this workshop involves reviewing a colleague’s draft research proposal and giving oral feedback (6 minutes) to them during the workshop. This assignment has two objectives: (1) to enhance your skills in giving and receiving feedback in a respectful and scholarly manner; and (2) to assist you with the development of your research proposal through feedback from your peers.Submission
Standard Adelaide Law School submission requirements apply. Specific information will be provided in the assessment instructions for each item of assessment.
Course Grading
Grades for your performance in this course will be awarded in accordance with the following scheme:
M10 (Coursework Mark Scheme) Grade Mark Description FNS Fail No Submission F 1-49 Fail P 50-64 Pass C 65-74 Credit D 75-84 Distinction HD 85-100 High Distinction CN Continuing NFE No Formal Examination RP Result Pending Further details of the grades/results can be obtained from Examinations.
Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.
Final results for this course will be made available through Access Adelaide.
Finality of Assessment Grades
Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).
Moderation
In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:- assurance of the qualifications of markers, and their knowledge of the content covered in each course;
- detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
- sharing of example marked assessments at various grade bands across markers;
- reviewing of selected marked assessments from each marker by the course coordinator;
- comparison of the marks and their distribution across markers;
- automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
- the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.
Approval of Results by Board of Examiners
Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester. -
Student Feedback
The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.
SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.
The course is constantly being updated and revised to reflect the evolution of the law, to respond to student feedback, and to engage with the latest teaching practices. Student feedback is collected each time the course is run, including through SELT reports. Previous SELT reports, and staff feedback on them, are posted on the course MyUni site for students to view and consider. -
Student Support
- Academic Integrity for Students
- Academic Support with Maths
- Academic Support with writing and study skills
- Careers Services
- International Student Support
- Library Services for Students
- LinkedIn Learning
- Student Life Counselling Support - Personal counselling for issues affecting study
- Students with a Disability - Alternative academic arrangements
- YouX Student Care - Advocacy, confidential counselling, welfare support and advice
The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.
The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.Lex Salus Program
Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.
Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.
Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.
Student Life Counselling Support
The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life. -
Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
- Academic Credit Arrangements Policy
- Academic Integrity Policy
- Academic Progress by Coursework Students Policy
- Assessment for Coursework Programs Policy
- Copyright Compliance Policy
- Coursework Academic Programs Policy
- Elder Conservatorium of Music Noise Management Plan
- Intellectual Property Policy
- IT Acceptable Use and Security Policy
- Modified Arrangements for Coursework Assessment Policy
- Reasonable Adjustments to Learning, Teaching & Assessment for Students with a Disability Policy
- Student Experience of Learning and Teaching Policy
- Student Grievance Resolution Process
Academic Integrity
All students must be familiar with the University’s Academic Integrity Policy. Academic Misconduct is a serious matter and is treated as such by the Law School and the University. Academic Misconduct (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia. Academic Integrity is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer. -
Fraud Awareness
Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.
The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.