University of Technology Sydney

777252 Research Project 2

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 2024 is available in the Archives.

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

Requisite(s): 777251 Research Project 1 (PG)

Note

Faculty of Law coursework research subjects are open to enrolment by application only.

Description

This subject comprises the research and writing of a supervised thesis on an approved topic in law. Candidates must research and write a thesis of approximately 16,000 words (all inclusive) at a standard suitable for publication on a topic approved by UTS: Law.

The research project is completed over two consecutive sessions. Candidates enrol in 777251 Research Project 1 (PG) in the first session of enrolment and this subject in the following session, continuing the work they have done in 777251. A final grade is recorded on completion of this subject.

Subject learning objectives (SLOs)

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

1. Appraise an area of law and develop a research question which addresses a complex legal problem and defines the scope of the research.
2. Investigate, evaluate, justify and apply a research methodology which facilitates logical, original, persuasive and complex arguments in response to the research question.
3. Communicate critical thinking through analysing, evaluating and synthesising relevant research materials and effectively apply and integrate this into the argument in response to the research question and solutions to complex legal issues
4. Be accountable independent researchers including exercising judgment with respect to using feedback to improve research, analysis and writing skills.
5. 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:
    a. Identify and articulate complex legal issues in context, including the skill of critical reading and writing;
    b. Apply reasoning and research to generate appropriate theoretical and practical responses; and
    c. Demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses. (3.1)
  • Research Skills
    Specialist cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues including an ability to:
    a. Demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions; and
    b. Apply ethical research practices. (4.1)
  • Communication
    Well-developed professional and appropriate communication skills including:
    a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
    b. An ability to inform, analyse, report and persuade;
    c. An ability to strategically select an appropriate medium and message;
    d. A cognisance of advanced communication technologies and willingness to adopt where appropriate; and
    e. An ability to respond respectfully. (5.1)
  • Self-management
    A high level of autonomy, accountability and professionalism and the ability to implement appropriate self-management and life-long learning strategies including:
    a. An ability to initiate self-directed work and learning;
    b. Well-developed judgment and responsibility;
    c. The ability to support personal and professional development by:
      (i) Self-assessing skills and personal wellbeing; and
      (ii) Making appropriate use of feedback;
    d. A capacity to adapt to and embrace change. (8.1)

Teaching and learning strategies

Strategy 1. Student Preparation: Prior to enrolling in the subject students have completed 777251 Research Project 1 (PG) – although no final mark would have been recorded. The student has therefore already identified an appropriate academic supervisor. In order to collaborate effectively on the thesis students should continue to communicate with their supervisor throughout this session. This preparation could include collating questions about areas of difficulty or uncertainty and sending draft chapters for feedback. Students are encouraged to post questions on CANVAS and participate collaboratively in relevant forums.

Strategy 2. Feedback: Students are expected to communicate the progress of their thesis and solicit feedback from their supervisor throughout the teaching session. Students are required to send drafts as agreed to their supervisor so that the supervisor can provide timely feedback on the scope of the topic, the research question and methodology. Students collaborate with their supervisor to discuss relevant material, including currency and reliance on primary legal and secondary materials; continue to refine their topic, research questions and methodology; develop a logical structure and persuasive and justifiable arguments; apply critical thinking to research material and legal issues; and how to comply with academic writing and style requirements. 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 their self-management and independent learning skills and improve their research, analytical and academic writing skills.

Strategy 3. Independent Learning: Self-management and self-directed work are a key part of learning in this subject. The skills involved in self-management are essential to legal practice and it is important that students develop these skills. 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. 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 thesis; 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 thesis.

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: Research Thesis

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:

3.1, 4.1, 5.1 and 8.1

Weight: 100%
Length:

16 000 words IN TOTAL, including headings, appendices, tables, the abstract, any preface and the bibliography. It also includes all footnotes/endnotes (both references and substantive text).

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:

Assessment Process:

There will be one independent marker from full-time academic staff. This person is not the supervisor. Prior to marking the supervisor would have reviewed any drafts sent to them by the student (within the 2 week or agreed timeframe). This mark will be assessed by the subject co-ordinator. Differences of opinion relating to assessment shall be resolved by the Subject Coordinator who may seek advice from the Associate Dean (Education).

  1. The final mark will be determined by considering the Marking Report to the student as well as any other report that the panel sees fit to obtain from the supervisor or any other person(s) from inside or outside UTS:Law.
  2. Prior to final assessment of a research work, the examiner may require the candidate to rewrite and re-submit the paper in whole or in part and in such a case the examiner shall provide details for the parts of the paper that require amendment, and reasons for requiring such amendment. When a student is required to rewrite and re-submit the paper, that candidate shall be permitted to extend the subject over one session and shall re-enrol in the subject for a second session, and will be required to pay fees for the additional session. Reasons for a resubmission may include integrity issues; mistake or resolution of disputes over submission quality.
  3. The examiner of a research work may require the candidate to undergo a viva voce examination in which case the viva voce shall form part of the assessment of the subject. This examination will only take place in extraordinary circumstances such as where the integrity of the authorship of the work is questioned.

The mark for the research work shall be determined by academic peer review of the examiner’s mark and recommendation to the Associate Dean (Education).

Criteria: The criteria for assessing your Research Thesis reflect the objectives of the subject. The marker will be looking for evidence of:

  1. An appraisal of an area of law which develops an original research question and addresses a complex legal problem.
  2. Evaluation and application of a justifiable research methodology which demonstrates logical, original, persuasive and a complex response to the research question.
  3. Critical thinking through analysing, evaluating and synthesising relevant research materials and effectively applying and integrating this into the argument to solve complex legal issues.
  4. A sustained thesis which is persuasively argued and consistently supported by critically evaluated evidence
  5. Original insight and clearly articulated critical thinking in addressing the complex problem.
  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.
  7. Clearly expression of reasoning, logically structure the argument and comply with academic writing and style requirements.
  8. Conclusions which are clearly supported by appropriate, evidence, analysis and argument.

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 thesis gives students an opportunity to qualify for Honours.

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)
  • Catriona Cook, Robin Creyke, Robert Geddes, David Hamer and Tristan Taylor, 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 Francis 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)