Research and Writing

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Research and Writing

• International Development Law and Human Rights
  06-7Module Assessments

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Plan 1

• This Session
• Preparing Assessments
• Term 2 3
• Preparing Dissertations
• Similar Principles, Different Levels of Intensity

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Plan 2

• Identifying Topics
• Refining Research Questions
• Finding, Using and Referencing Sources
• Preparing an Outline
• Dealing with your Course Tutor
• Writing and Editing
• Good Ethical Practice
• Avoiding Plagiarism

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Important Dates

• First Class Now happening
• Friday 12th January 12noon Assessments for
  Modules commenced in Term 1
• Week 2 and Week 4
• Friday 27th April 12noon Assessments for
  Modules commenced in Term 1
• Week 9 and Term 2 Week 2
• Monday 4th June 12 Noon Assessments for
  Modules commenced in Term 2
• Week 7 Dissertation Proposals.
• Deadlines for 4 Assessments in Core Course
• First Assessment Monday 13th November 12 Noon.

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E-Submissions, Plagiarism Deadline Extensions

• E-Submissions Requirement for all but the core
  course. http//www2.warwick.ac.uk/fac/soc/law/pg/c
  urrent/modules/idhr_modules/esubmissions/
• Plagiarism
• http//www2.warwick.ac.uk/fac/soc/law/pg/current/m
  odules/idhr_modules/introduction/research_and_writ
  ing/redbook/
• Deadlines
• Please note that the Law School has very rigid
  rules for deadlines and marks are deducted for
  late submissions. If you have personal or other
  problems, please contact your personal tutor or
  course directors.
• Forms http//www2.warwick.ac.uk/fac/soc/law/pg/cu
  rrent/exams/

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What should you be achieving?

• Excellence!
• Paper of 3,000 words max, excluding citations
  bibliography (not excluding footnotes)
• In an area related to Module
• For comparison there will be copies on the core
  course website of sample previous assessments

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Assessment Criteria

• These do not represent specific marks. 2,3,4 and
  5 are most important
• Quality of Topic
• Legal Comprehension and Analysis
• Contextual Comprehension and Analysis
• Theoretical Understanding and Analysis
• Critique
• Research
• Organisation
• Writing Style
• References and Citations
• Presentation

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Readings

• Blaxter, Hughes and Tight, How to research
• Volokh Writing a Law Review Article
• Seidman Participatory Development Oriented
  Research Methodology
• Course Website
• Forum

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Characteristics of a Good Assessment

• Close attention to precise question
• Well reasoned and structured argument showing
  good theoretical understanding
• Logical Progression from introduction to
  conclusion
• Good research and good understanding of research
  data and readings
• Evidence of critical thought
• Well written and presented
• Proper reference and citation
• No Plagiarism

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What are the most common errors?

• No research question or question is too broad
• Overly descriptive work
• Poor theorisation
• Too little law or errors in law
• Unsupported conclusions
• Weak structure
• Poor presentation
• Poor referencing and citation
• Too much googling and cut and paste not enough
  authoritative material
• uncommon but disastrous plagiarism

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What makes a good topic?

• Does it interest you?
• Does it meet the requirements as set by the
  course teacher?
• Does it have contemporary significance?
• Is it manageable?
• Resources (time, money and complexity)
• Materials and sources
• Is it not too broad or too narrow?
• Does it enable you to demonstrate your research,
  analytical and critical skills?

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Steps to Identifying a Good Topic

• Identify a broad area of interest
• Dissect the broad area into sub-areas
• Select a sub-area on which to focus (less is
  more!)
• Raise several research questions that you would
  like to resolve
• Formulate objectives
• Assess the feasibility of your objectives
• Check to make sure that you still have the
  interest, time and resources to complete the
  objectives

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Possible sources for ideas

• Matters which have interested you in the course
  and/or your life experience
• Books, articles and Treatises
• Current news articles
• New facts or new laws
• People

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Examples Previous Years Topics

• Securities Law as a Mediator Between
  Globalisation and Protectionist Impulses Jordan
  and Globalisation

Conceptual
Legal Domain
Theoretical focus
Geographical
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Example 2
Geographical Domain

• State and Civil Society Collaboration in Ghanas
  Poverty Reduction Strategy An Investigation of
  the prospects and challenges of evolving
  effective pro-poor development policies and
  initiatives within the PRSP framework in
  accordance with the International Law of Human
  Rights

Broad Domain
Focus
Researchers position question ethical
Research question and position legal
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Preparing an Outline

• An outline is an overall plan, scheme,
  structure and strategy designed to obtain answers
  to the research questions or problems that
  constitute your project. An outline should
  outline the various tasks you plan to undertake
  to fulfil your research objectives A.R.Kumar,
  Research Methodology

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Three Questions What? How? Why?

• What is my research trying to discover?
• The relationship between law corruption and
  development
• How will my research achieve this objective?
• Eg. A case study of ENRONs relationship with the
  World Bank
• (underlying methodology critical?)
• Literature, Documents, Interviews with key people
  (method)
• Why is my research worth doing
• It will improve our understanding of the links
  between corruption and power (critical)
• It will provide developing countries with
  effective methods for combatting TNC corruption
  (critical)
• It will reveal the complexity of relationships
  involved in the corruption process (post-modern)
• It will inform us about the operation of the law
  (positivist)

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Structuring your proposal

• Title
• Summary (write first and revise last?)
• Introductory Background including existing main
  literature
• Aims (general research question)
• Research Questions (specific questions)
• Methodology (theoretical paradigm)
• Methods (specific research methods)
• Outline ( division into section headings)
• Brief Bibliography
• Timetable

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Research Question

• Cf Volokh The Claim
• Law is Unconstitutional
• The legislature ought to enact the following
  statute
• Properly interpreted, this statute means such and
  such
• My empirical research shows that this law has
  unexpectedly led to..
• Viewing this law from a feminist/critical/post-mo
  dern/post-colonial perspective the law is
  flawed.. Because it is patriarchal, neo-colonial
  etc
• ?

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Cf Blaxter Hughes and Tight

• Write down upto 4 key ? (who, what, when, why?)
• Which is the most key?
• Define key concepts, issues, context
• What is the relationship between general and
  specific?
• Ie underlying issue law development to narrow
  issue enron and corruption

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Methodology Method

• Blaxter Hughes and Tight
• Methodology has a more philosophical meaning. It
  refers to the approach or paradigm that underpins
  the research
• Ie methodology is intimately linked to
  theoretical perspective
• Positivist Post-Positivist
• Interpretivist
• Critical
• Postmodern

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Timetable

• Agree with Supervisor
• Begin at the end and work backwards
• Try to finish reading fieldwork by the end of
  June
• Complete first draft by end of July
• Try to leave August for Editing

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(No Transcript)
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Sources

• Fieldwork and Deskwork
• Fieldwork with Care Book Blaxter, Hughes and
  Tight
• Contact Course Tutor
• Law and Non-Law
• Remember to get all the relevant law (depending
  on how legal your essay) eg legislation, cases,
  books, articles
• Contextual Material crucial to IDLHR but build
  on the basis of your strengths Do not venture
  into unfamiliar domains

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Research Deskwork

• Deskwork can be exciting
• Principles
• Course Materials
• Textbooks and Main Readings
• These are the main sources for your essays.
  Even for essays, to get a good mark you need to
  do more.
• Additional Readings
• Those suggested in the materials
• Your own research
• Includes documents, statistics etc

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Structuring Your Research

• Follow Timetable
• Prepare Bibliography
• Note Various Bibliographic tools in University eg
  Endnote if you have good IT, use.
• Balance between research, reading and writing and
  review
• Keep Good Notes
• Organise notes according to chapter headings
  where possible
• again university has ATLAS software but you will
  need your own copy at home which is expensive

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Your Own Research

• Sources
• References in text books and article
  bibliographies eg footnotes
• Additional research (E)
• Westlaw/Lexis
• Other sources
• Web
• Additional Research (L)
• Warwick Library catalogues
• Other Libraries visits
• Inter-library loans
• Friends and Relations contacts
• Fieldwork leading to documents eg court records

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Analysis

• Check that information meets your objectives and
  requirements as in your outline. If it does not
  redraw your proposal or do more research
  depending on time available.

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Structuring the Content of Your Essay
Introduce topic Perhaps define key
terms Background Information State
Purpose Indicate areas and perspectives eg
theory, literature Your line of
argument/viewpoint Methodology/methods Define
Scope
Introduction
For each section, ensure connection to previous
Body This should be thelargest section
Conclusion
Restate the thesis or proposition Sum up your
argument evidence ie what you have
achieved Mention wider implications, future
directions
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Writing

• Read guidebook for instructions be clear as to
  requirements
• Draft and Revise
• Read the draft with new eyes
• Put it away for a while if you have time
• Consult your colleagues (but avoid plagiarism)
• Consult your course teacher if in difficulty
• Finish First Draft Quickly
• Check consistency of argument between sections
  and between intro and conclusion
• Check continuity from one section to another
• Check language
• Check sources

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Writing Style

• Each person has their own style Stay with a
  style which works for you
• Avoid categorical assertions, polemics, flowery,
  long-winded
• Respect all the literature, do not ignore
  opposite views but you can use robust argument
  against views you do not agree with
• Make sure each point you set out to establish is
  established with evidence
• Avoid wide generalities, stick to specifics give
  evidence

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Writing Style Problems

• Paragraphs that lack a common theme
• Redundancy repetition
• Surplusage and Platitudes
• Legalese/bureaucratese/jargon
• Throat clearing
• Word choice
• Proof Reading

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Writing Style References and Citations

• Jordan Securities Law 1997, 2002 (In Arabic) at
  http//www.jsc.gov.jo/jsc_arabic/SecuritiesLawAR.a
  sp accessed 03/06/2004.
• Chibundu, M. O. (1997). Law in Development
  Mapping, Gourding and Preserving Palm Wine, Case
  Western Reserve International Law Journal, 29
  167258.
• Escobar, A. (1995). Encountering Development The
  Making and Unmaking of the Third World,
  Princeton Princeton University Press.
• Arner, D. (2000) Reflection on the Rule and
  Role of law in Financial Sector Development in
  Faundez, J et al (ed) Governance, Development,
  and Globalisation A Tribute To Lawrence Tshuma,
  London, Blackstone Press 267-288.

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Writing Style Footnotes

• 1. http//www.utm.edu/research/iep/d/descarte.htm
  visited on 29th June, 2004
• 2. Toulmin, S. E., (1990), Cosmopolis The Hidden
  Agenda of Modernity, University of Chicago Press,
  New York at p.11

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5.5a Author-Date System

• The Author-Date sytem is an alternative and
  acceptable system for citation. Instead of
  footnoting the citation, the reference is placed
  within the text itself thus
• Harvey (1996 4), for example, suggests that
  maps are typically totalising usually
  two-dimensional Cartesian, and very undialectical
  devices with which it is possible to propound any
  mixture of extraordinary insights and monstrous
  lies (See also Santos 1995 441).
• The full reference is then provided in the
  Bibliography at the back of the assessment as
• Harvey, D (1996) Justice, Nature the Geography
  of Difference, Blackwell, Oxford
• Santos, B (1995) Toward a New Common Sense Law,
  Science and Politics in Paradigmatic Transition,
  Routledge, London.

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• Book
• Authors Family Name, Initial. (Year of
  Publication) Title of Book, Edition Number (if
  other than first), Publisher, Place of
  Publication.
• Examples Maskus, K. (2000) Intellectual Property
  Rights in the Global Economy, Institute for
  International Economics, Washington DC.
• Trebilcock, M. and Howse, R. (1999) The
  Regulation of International Trade, 2nd edition,
  Routledge, London.

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Chapter in Edited Volume

• Authors Family Name, Initial. (Year of
  Publication) Title of Chapter in Editors
  Family Name, Initial. (ed) Title of Book,
  Publisher, Place of Publication.
• Examples Kaufer, E. (1990) The Regulation of
  New Product Development in the Drug Industry,
  Majone, G. (ed) Deregulation or Re-regulation?
  Regulatory Reform in Europe and the United
  States, Pinter, London.
• Merges, R. and Nelson, R. (1992) Market
  Structure and Technical Advance The Role of
  Patent Scope Decisions, in Jorde, T. and Teece,
  D. (eds) Antitrust, Innovation, and
  Competitiveness, Oxford University Press, Oxford.

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Article

• Authors Family Name, Initial. (Year of
  Publication) Title of Article, Volume Number of
  Journal, Name of Journal, Numbers of First and
  Last Pages of Article.
• Example Jackson, J. (1998) Dispute Settlement
  and the WTO Emerging Problems, 1 Journal of
  International Economic Law 329-351.

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2.4 Published Report or Other Paper

• Authors Family Name, Initial. (Year of
  Publication) Title of Report/Paper, Document
  Number (if applicable), Publisher, Place of
  Publication.
• Example Primo Braga, C. Fink, C. and Paz
  Sepulveda, C. (2000) Intellectual Property Rights
  and Economic Development, World Bank Discussion
  Paper No.412, World Bank, Washington DC.
• Transparency International (2001) Global
  Corruption Report 2001, Transparency
  International, Berlin lthttp//www.globalcorruption
  report.org/, visited 18th December 2001gt
• Note where published reports and other documents
  have been accessed via the Internet, the full web
  address and the date when the web site was
  visited must be included in the reference.

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Case Report

• Examples Lubbe v Cape Plc (No.2) 2000 1 W.L.R.
  1545 (House of Lords, United Kingdom).
• Shevill v. Presse Alliance SA, C-68/93 1995
  ECR I-415 (European Court of Justice).
• Quality King Distributors, Inc. v. L'anza
  Research Intern., Inc., 118 S.Ct. 1125 (1998)
  (Supreme Court, United States).
• Canada Term of Patent Protection, AB-2000-7
  (2000) WT/DS170/AB/R (World Trade Organization,
  Appellate Body)

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Web Sites

• Full web site address, date visited
• Example
• Consumers International Website http//www.con
  sumersinternational.org, visited 20th December
  2001.
• Where a specific article book or document is
  being referred to on the website then it should
  be cited in the same way as for articles etc
  generally but with the web reference added.
• Transparency International (2001) Global
  Corruption Report 2001, Transparency
  International, Berlin http//www.globalcorruptionr
  eport.org/, visited 18th December 2001