LAW 7061 - Globalisation & the Legal Regulation of Work (PG)

North Terrace Campus - Winter - 2014

The course focuses upon the nature of globalisation and its impact in law, especially the law governing work. Students will consider the role of the ILO and the intersection of international trade law and labour regulation. In this context, students will examine the role of human rights and the development of corporate codes of conduct regarding labour matters. Students will also consider themes underpinning debate concerning the scope and application of labour regulation and the new forms of regulation governing work. Topics such as precarious work, migration and labour, child labour, forced labour, equality and freedom of association will be examined.

  • General Course Information
    Course Details
    Course Code LAW 7061
    Course Globalisation & the Legal Regulation of Work (PG)
    Coordinating Unit Adelaide Law School
    Term Winter
    Level Postgraduate Coursework
    Location/s North Terrace Campus
    Units 3
    Contact Intensive
    Course Description The course focuses upon the nature of globalisation and its impact in law, especially the law governing work. Students will consider the role of the ILO and the intersection of international trade law and labour regulation. In this context, students will examine the role of human rights and the development of corporate codes of conduct regarding labour matters. Students will also consider themes underpinning debate concerning the scope and application of labour regulation and the new forms of regulation governing work. Topics such as precarious work, migration and labour, child labour, forced labour, equality and freedom of association will be examined.
    Course Staff

    Course Coordinator: Emerita Professor Rosemary Owens

    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

  • Learning Outcomes
    Course Learning Outcomes
    Knowledge and Understanding
    As the old industrial era has given way to the global era there have been dramatic changes in the world of work. These changes include the growth of the services sector, increasing demands for more flexible employment patterns, and other pressures such as those exerted by technological advances and the demands of the marketplace. In this new world of work the major players are often very different from those who inhabited the industrial era. The dominance of the corporation, which often takes a trans-national form, has facilitated the reorganisation of business arrangements in response to pressures in the global marketplace. While the common law continues for the most part to divide its workers into ‘employees’ and ‘independent contractors’, neither category represents an homogenous group. The classification of legal workers in civil law jurisdictions also presents challenges. At the same time the composition of the work force has been radically transformed in a way that indicates a divergence from the traditional model of the worker as ‘male breadwinner’.

    The global era is frequently referred to as the ‘new economy’. This terminology usually does more than simply indicate the contrast between the ‘old’ national economies, which were ‘closed’ or protected by customs barriers and featured strong control of currency and financial regimes, and the ‘new’ or ‘open’ marketplace. When used as a synonym for globalisation, this expression ‘new economy’ encapsulates the dominance of the neo-liberal values that structure the global marketplace and have been given shape through legal doctrines, especially contract and property. Through these legal forms actors in the global marketplace often seek to escape the strictures of other regulatory mechanisms including statutory-based law. Nation States have often been complicit in these processes, adopting ‘de-regulatory’ and ‘privatisation’ policies that they have wrapped in the rhetoric of abstentionism.

    This course focuses the regulation of work in the global era. There is an emerging consensus at the international level that there are certain fundamental principles and rights at work – equality, freedom of association, the elimination of all forms of compulsory labour and the effective abolition of child labour. This course examines those issues and, in relation to them, the changing regulatory forms governing work which have become prevalent in the global era. It examines the effectiveness of the global regulation of work, and some of the challenges posed by migrant labour and the informal economy.

    The teaching and learning program aims to assist students to acquire a deep understanding of the basic principles underpinning the subject matter covered in the course and, thereby, to equip them with the skills that will provide a sound basis for life-long learning and practice in this area of law.

    In particular, this course aims to enable students:
    1. to understand the historical and global context in which the legal regulation of work was originally established and now operates;
    2. to identify and understand the fundamental principles which underpin the modern law of work at the global level;
    3. to analyse critically those fundamental principles, especially in the light of the different national, social, cultural and economic contexts in which the law of work operates;
    4. to become skilled in the analysis of case law in relation to work issues in a global world;
    5. to become adept in understanding and interpreting statutory regulatory regimes (including international conventions) as they apply to work relations in a globalised world;
    6. to research the law as it relates to work relationships in a globalised world; and
    7. to present argument, both orally and in writing, in relation to globalisation and the legal regulation of work.

    Communication Skills
    The continuing development of good inter-personal and communication skills is widely recognised as important for all graduates.

    This course specifically seeks to develop students’ abilities
    8. to listen to the contributions of others in the course regarding the law of work and respond respectfully;
    9. to be aware that everyone has a right to contribute and to accord them the space to do so; and
    10. to develop and present convincing argument, both orally and in writing, in relation to globalisation and the regulation of work.

    Intellectual and Social Capabilities
    This course specifically seeks to develop students’ abilities
    11. to analyse, evaluate and synthesise information from a wide variety of sources and experiences so as to identify and address in an appropriate manner legal and related issues.
    12. to gain an awareness and appreciation of the incompleteness of law and the ongoing nature of development of legal principle in response to social and technical change, and a capacity to respond to such change and assist such development as appropriate.
    13. to think logically and solve problems in a rational but creative and constructive way.
    14. to work both independently and cooperatively, in a professional environment.

    Attitudes and Values
    This course specifically seeks to foster in students
    15. a commitment to the rule of law and an appreciation of social justice through the operation of law.
    16. an understanding of social and cultural diversity as well as the things which unite all human beings, and thereby an understanding of the potential for the transformative possibilities of law 17. a commitment to learning and thereby to maintain intellectual curiosity, and to engage in life-long personal and professional learning.
    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)
    Knowledge and understanding of the content and techniques of a chosen discipline at advanced levels that are internationally recognised. 1, 2, 3, 4, 5, 6, 7, 11, 12, 13, 14
    The ability to locate, analyse, evaluate and synthesise information from a wide variety of sources in a planned and timely manner. 6, 7, 11, 12, 13, 14
    An ability to apply effective, creative and innovative solutions, both independently and cooperatively, to current and future problems. 6, 7, 8, 9, 10, 11, 12, 13, 14
    Skills of a high order in interpersonal understanding, teamwork and communication. 8, 9, 10, 14
    A proficiency in the appropriate use of contemporary technologies. 6
    A commitment to continuous learning and the capacity to maintain intellectual curiosity throughout life. 1, 2, 3, 4, 5, 6, 7, 12, 17
    A commitment to the highest standards of professional endeavour and the ability to take a leadership role in the community. 15, 16, 17
    An awareness of ethical, social and cultural issues within a global context and their importance in the exercise of professional skills and responsibilities. 1, 2, 3, 4, 5, 6, 11, 12, 13, 14
  • Learning Resources
    Required Resources

    There are no required readings for this course as students will be encouraged to read deeply in their own particular area of interest as part of their preparation for their Short Essay and their Research Essay. 

    Preliminary reading:
    In preparing for the course students may find it useful to read the following:
    Rosemary Owens, Jill Murray and Joellen Riley, The Law of Work, 2nd edition, OUP, 2011, Chapter 2,
    and
    ILO, The Rules of the Game, available at http://www.ilo.org/global/publications/WCMS_108393/lang--en/index.htm

     

    Recommended Resources
    The key reference book examining Australian labour law in a global context is:
    Owens, Rosemary, Riley, Joellen, and Murray, Jill, The Law of Work, Second Edition, Oxford University Press, Melbourne, 2011. See especially Chapter 2.

    Some of the key reference books on labour law in Australia published recently include:
    Creighton, Breen and Stewart, Andrew, Labour Law, Fifth Edition, Federation Press, Sydney, 2010.

    Pittard, Marilyn J and Naughton, Richard, Australian Labour Law: Text, Cases and Commentary, Fifth Edition, Lexis Nexis Butterworths Australia 2010.

    Sappideen, Carolyn, O’Grady, Paul, Riley, Joellen, and Warburton, Geoff with Kate Eastman Macken’s Law of Employment, Seventh Edition, Lawbook Co, Sydney, 2011.

    Stewart, Andrew, Stewart’s Guide to Employment Law, Fourth Edition, Federation Press, Sydney, 2013.
    (NB: This book is written for non-law students: it provides a readable overview of the law and well suits the needs of MBL students. However, it does not discuss the law in the level of detail required by LLM or MCL students. Online supplements are available at www.federationpress.com.au).


    The following are general reference books examining current or recent issues relating to aspects of globalisation, legal regulation and work:

    Aaron, Benjamin A, and Stone, Katherine VW Rethinking Comparative Labour Law: Bridging the Past and the Future, Labour Law Series 1, Vanderplas Publishing, USA, 2007.

    Arup, Chris et al (eds), Labour Law and Labour Market Regulation: Essays on the Construction and Regulation of Labour Markets and Work Relationships, Federation Press, Sydney, 2006.

    Bachelet, Michelle, Report of the Advisory group chaired by Michelle Bachelet, convened by the ILO with the collaboration of the WHO, Social Protection Floor for a Fair and Inclusive Globalisation, (International Labour Office, Geneva, 2011)

    Bamber, Greg, Landsbury, Greg, and Wailes, Nick, International and Comparative Employment Relations: Globalisation and Change, 5th Edition, (Allen & Unwin, Crows Nest, NSW, 2011)

    Bercusson, Brian, and Estlund, Cynthia (eds) Regulating Labour in the Wake of Globalisation: New Challenges and New Institutions (Columbia-London Law Series, Hart Publishing, Oxford and Portland Oregon, 2008).

    Blanpain, Roger et al, The Global Workplace: International and Comparative Employment Law: Cases and Materials (Cambridge University Press, Cambridge and New York, 2007)

    Braithwaite, John, and Drahos, Peter, Global Business Regulation (Cambridge University Press, Cambridge, 2000).

    Bromberg, Mordy and Irving (eds), Australian Charter of Employment Rights, Australian Institute of Employment Rights, Hardie Grant, 2007.

    Bronstein, Arturo, International and Comparative Labour Law: Current Challenges Palgrave Macmillan, Geneva, 2009.

    Collins, Hugh, Employment Law (Oxford University Press, Oxford, 2003)

    Collins, Hugh, Davies, Paul, and Rideout, Roger (eds) Legal Regulation of the Employment Relation (Kluwer Law International, London, 2000).

    Conaghan, Joanne; Fischl, Richard Michael; and Klare, Karl (eds), Labour Law in an Era of Globalisation: Transformative Practices and Possibilities, Oxford University Press, Oxford, 2002.

    Conaghan, Joanne and Rittich, Kerry (eds), Labour Law, Work, and Family: Critical and Comparative Perspectives Oxford University Press, Oxford and New York, 2005.

    Craig, John D and S Michael Lynk (eds) Globalization and the Future of Labour Law Cambridge University Press, Cambridge UK, 2006.

    Davidov, Guy and Langille, Brian (eds), Boundaries and Frontiers of Labour Law: Goals and Means in the Regulation of Work, Hart Publishing, Oxford and Portland Oregon, 2006.

    Davidov, Guy and Langille, Brian (eds), The Idea of Labour Law, Oxford University Press, Oxford and New York, 2011.

    Deakin, Simon and Wilkinson, Frank, Law of the Labour Market: Industrialization, Employment and Legal Evolution (Oxford University Press, Oxford, 2005).

    De Geest, Gerrit, Siegers, Jacques, van den Burgh, Roger (eds) Law and Economics and the Labour Market (Edward Elgar Publishing Limited, Cheltenham UK, 1999).

    Forsyth, Anthony and Stewart, Andrew (eds), Fair Work: The New Workplace Laws and the Work Choices Legacy, Federation Press, Sydney, 2009.

    Fredman, Sandra, Human Rights Transformed: Positive Rights and Positive Duties (Oxford University Press, Oxford, 2008)

    Freedland, Mark The Personal Employment Contract (OUP, Oxford and New York, 2003).

    Fudge, Judy and Owens, Rosemary (eds), Precarious Work, Women, and the New Economy: The Challenge to Legal Norms Hart Publishing, Oxford and Portland Oregon, 2006.

    Hayter, Susan (ed), The Role of Collective Bargaining in the Global Economy: Negotiating for Social Justice (Edward Elgar Publishing Limited, UK, in association with the International Labour Office, Geneva, 2011)

    Hepple, Bob Labour Laws and Global Trade (Hart Publishing,Oxford and Portland Oregon, 2005).

    Hepple, Sir Bob QC, FBA Rights at Work: Global, European and British Perspectives,The Hamlyn Lectures, Fifty Sixth Series (Thomson, Sweet and Maxwell, London, 2005)

    ILO, General Survey on Fundamental Principles and Rights at Work, International Labour Conference, 101st session, 2012, available to be accessed on the website of the ILO: www.ilo.org

    Kaufmann, Christine Globalisation and Labour Rights: The Conflict Between Core Labour Rights and International Economic Law Studies in International Trade Law (Hart Publishing, Oxford and Portland Oregon, 2007).

    Lee, Sangheon and McCann, Deidre Regulating for Decent Work: New Directions in Labour Market Regulation (Advances in Labour Studies, Palgrave Macmillan, UK, and International Labour Office, Geneva, 2011)

    McCrystal, Shae, The Right to Strike in Australia, Federation Press, Sydney, 2010.

    Mitchell, Richard (ed), Redefining Labour Law: New Perspectives on the Future of Teaching and Research Centre for Employment and Labour Relations Law, The University of Melbourne, Occasional Monograph Series, No 3, Melbourne, 1995.

    Murray, Jill (ed), Work, Family and the Law, 23 Special Edition of Law in Context vol 23(1), Federation Press, Sydney, 2005.

    O’Brien, Robert et al, Contesting Global Governance: Multilateral Economic Institutions and Global Social Movements (Cambridge Studies in International relations, Cambridge University Press, Cambridge, 2000)

    Papadakis, Konstantinos (ed), Shaping Global Industrial Relations: The Impact of International Framework Agreements (Advances in Labour Studies, Palgrave Macmillan, UK, and International Labour Office, Geneva, 2011)

    Riley, Joellen Employee Protection at Common Law Federation Press, Sydney, 2005

    Teklè, Tzehainesh (ed), Labour Law and Worker Protection in Developing Countries, (Hart Publishing, Oxford and Portland Oregon, and International Labour Office, Geneva, 2010)

    Specialist Journals and Publications:

    The following journals held in the library are also very useful (many of these journals are also available online- and easily accessible from the Library catalogue):

    Australian Journal of Labour Law;

    Bulletin of Comparative Labour Relations;

    Canadian Labour and Employment Law Journal;

    Comparative Labor Law and Policy Journal;

    Industrial Law Journal (UK);

    International Journal of Comparative Labour Law and Industrial Relations; and

    International Labour Review

    The Australian Journal of Labour Law is the leading Australian law journal dealing with the law that is examined in this course. It is an excellent reference resource for students.

    While not specialist law journals, both the Journal of Industrial Relations and Labour and Industry have many interesting articles about work-related issues in Australia.

    In addition the following Australian journals can be useful for contextual information even though they are not specialist law journals:

    The Australian Bulletin of Labour

    The Australian Economic Review

    The Economic and Labour Relations Review

    The Journal of Australian Political Economy

    Most of these resources are available electronically through the library catalogue.

    The equivalent journals in other jurisdictions may also be of some assistance

    Internet Resources:
    The Law library provides extensive access to electronic databases. There are many websites carrying information about globalisation, legal regulation and work. The following are some of the more important and useful for students:

    • International Labour Organization: http://www.ilo.org/ 

    • WorldLII data base on Industrial Relations and Labour Law: http://www.worldlii.org/catalog/2410.html

    • Globalisation and Labour Standards: http://www.laborstandards.org/ 

    Important information in relation to law and work in Australia can be found on the websites of government and regulatory institutions such as:

    • Fair Work Australia: www.fwc.gov.au 

    • Fair Work Ombudsman: www.fairwork.gov.au 

    • Department of Education, Employment and Workplace Relations: www.deewr.gov.au 

    • Australian Human Rights Commission: www.humanrights.gov.au 

    • Equal Opportunity Commission (SA): www.eoc.sa.gov.au 

    • SafeWorkSA: www.safework.sa.gov.au 

    Information is also available from various Australian business, trade union and other NGO websites. See for example:

    • Australian Institute of Employment Rights: www.aierights.com.au 

    • Australian Council of Trade Unions: www.actu.asn.au 

    • Australian Industry Group: www.aigroup.asn.au 

    • Australian Chamber of Commerce: www.acci.asn.au 

    • Business Council of Australia: www.bca.com.au 

    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 Profile, 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

    Classes

    This course is taught in intensive mode on four days.

    Each day there will be a morning and afternoon class session of 3 hours (with a short break in the middle of each session)

    The classes will comprise a mixture of the provision of material in lecture style and seminar discussion. The lecture material will provide the background context to, and an overview of, the subject matter of the various topics in the course and will elucidate some of the connecting themes between these topics. It will also focus attention on particularly important aspects of globalisation, the law and other regulatory developments.

    The lecture material will highlight and further elucidate some of the key elements examined in the course, but its content will be designed on the assumption that students will do extended reading in order to complete matters of detail.

    The classes will also provide a forum for interaction and discussion between the lecturer and students around specified questions. Before attending classes, students should work through, and prepare answers to, the questions issued before each class. The questions will assist students to structure their learning, and so they are expected to prepare for class in a systematic and serious way: reading relevant materials and, most importantly, thinking about the questions and issues to be addressed in class. The class discussion will provide an opportunity for students to test their understanding of the work that they have completed prior to class, to apply their knowledge to new situations and to extend their knowledge further.

    Active participation in classes is an important component of learning in this course. The communication skills developed by actively participating in discussions are considered to be most important by Adelaide Law School and are highly regarded by employers and professional bodies.

    Discussion Boards

    There will be 5 discussion boards, each of which will seek contributions from students on a question relating to an important substantive theme in the course. Students will be expected to contribute at least once to each discussion board. Each contribution should be less than 150 words. The discussion boards will provide a flexible forum for students to participate in the course and demonstrate their thinking about the material they are reading.

    By preparing for, attending and participating in classes and by contributing to discussion boards, students should reach a sound understanding of the main issues relating to globalisation and the regulation of work, and this will, in turn, equip them to deal with new situations and changes in the law and work in the future.

    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    Contact class time: this course will be taught intensively on four days. On each of these days there will be a 3 hour class session in the morning and again in the afternoon (a short break in the middle of each session will be scheduled and a longer lunch break will separate the morning and afternoon sessions will be scheduled). This will constitute 24 hours of formal class time.

    Discussion boards: There will be 5 discussion boards, on topics to be covered in the course. Students will be expected to make a minimum of one contribution to each of the discussion boards (that is, a minimal of 5 contributions in total). Discussion boards will open two weeks prior to the commencement of classes and close two weeks after the conclusion of classes. Students should expect to spend a maximum of 5 hours reading and contributing to discussion boards.

    Preparation time: In addition to attending formal classes it is anticipated that students will do substantial independent work to prepare for class, and to complete course assignments. The University expects full-time students (those undertaking 12 units per semester) to devote a total of 48 hours per week to their studies.

    Learning Activities Summary
    Class Topic
    Day 1 #1 Globalisation and the Legal Regulation of Work
    Day 1 #2 The ILO in the Global Era: Fundamental Principles and Rights at Work
    Day 1 #3 Private Regulation: including International Trade Law and Corporate Codes of Conduct
    Day 1 #4 Equality at Work
    Day 2 #5 Equality at Work
    Day 2 #6 Freedom of Association: Bargaining and Agreement Making
    Day 2 #7 Freedom of Association: Industrial and Strike Action
    Day 3 #8 Migrant Labour and Decent Work
    Day 3 #9 Forced Labour
    Day 4 #10 Child Labour
    Day 4 #11 The Informal Economy: including Domestic Work
    Day 4 #12 Decent Work: Social and Economic Rights in the Global Era
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary
    The University’s policy on Assessment for Coursework Programs is based on the following five principles: 1) assessment must encourage and reinforce learning; 2) assessment must measure achievement of the stated learning objectives; 3) assessment must enable robust and fair judgements about student performance; 4) assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned; and 5) assessment must maintain academic standards (see: http://www.adelaide.edu.au/policies/700/)
    Assessment item % of final mark Due date Group or individual assessment Redeemable Learning outcomes
    Contribution to Discussion Boards 5% Anytime between 9.00am, 1 July and 5.00pm, 1 August 2014 Individual No 1-14
    Class participation 5% 12, 13,18 and 19 July 2014 Individual No 1-14
    Short Essay 20% 2.00pm, Monday 28 July 2014 Individual No 1-14, 16
    Research Essay 70% 2.00pm, Friday 29 August 2014 Individual No 1-14, 16

    All assessment is summative. All assessment is compulsory. All assessment is to be undertaken individually – there are no joint or collaborative assessment tasks in this course.

    Supplementary Assessment.

    Supplementary Essay - 100%

    Where a student fails the course but academically qualifies for supplementary assessment by obtaining a mark of 45%-49%, they will be required to submit a new Supplementary Essay on a new topic provided by the course co-ordinator. This Supplementary Essay topic will cover a wide range of material examined in the course.

    The supplementary essay question will be posted on MyUni the day after results are notified to students and will be due for submission 2 weeks from that date.

    All other requirements for the Supplementary Essay will be the same as for the primary Research Essay, however the Supplementary Essay will count for 100%.

    Assessment Related Requirements
    There are no other requirements additional to those identified elsewhere in this document.
    Assessment Detail
    Participation in class – 5%

    Students are expected to attend and participate in class and they will be assessed on the quality of their participation.

    Grade Descriptors for Class Participation are as follows:
    A more specific guide to the criteria required for achievement in the various grades for seminar participation, is as follows:
    High Distinction 85-100
    Regular attendance at classes, outstanding level of quality contribution to class discussion demonstrating a strong understanding of concepts, high level of analysis and strong capacity to identify issues, clear understanding of materials, strong responsiveness to the contributions of others and evidence of thorough reading of set material and preparation for class.
    Distinction 75-84
    Regular attendance at classes, frequent contributions to class discussion of a highly developed nature demonstrating clear understanding of concepts, high level of analysis and clear capacity to identify issues, sound understanding of materials, strong responsiveness to the contributions of others and evidence of reading set material and preparation for class.
    Credit 65-74
    Regular attendance at classes, frequent contributions to class discussion demonstrating thoughtful approach to materials and clear understanding of concepts, capacity to analyse material and identify issues, responsiveness to the contributions of others and evidence of reading set material and preparation for class.
    Pass 50-64
    Regular attendance at classes, limited contributions to class discussion but adequate to demonstrate understanding of concepts and capacity to analyse material and identify issues, basic responsiveness to the contributions of others and evidence of reading set material and preparation for class.
    Fail 0-49
    Failure to regularly attend classes, limited contributions and lack of responsiveness to questions, inability to demonstrate understanding of concepts or capacity to analyse material and identify issues, limited or poor evidence of reading set material and preparation for class.

    AND

    Contributions to Discussion Boards – weighting 5%
    Students will also be assessed on the quality of their contribution to the 5 discussion boards on set questions relating to the course. In total, each student is required to make at least one contribution to each discussion board (ie minimum of 5 contributions in total) but may additional contributions if they wish.

    The discussion boards will be open from 9.00am 1st July, 2014 and will close at 5.00pm, 1st August 2014.
    Contributions to discussion board questions should aim to further the understanding of the key concepts or themes which are the subject for discussion. Therefore, students should endeavour not simply to repeat what others have said, but to enable the discussion to move forward. Contributions may respond to what others have already said, or introduce a novel idea into the discussion. The aim is to build collectively a better understanding of the issues in the course. Contributions may be creative and provocative, they may raise particular issues from materials in the course, but they should always be presented or developed in a way that is reasoned and respectful, and wherever possible draw upon some evidence to support any claims made. That is, students are expected to do more that simply assert their view, without providing cogent reasoning.

    Each contribution should be a maximum of 150 words. Each student must make a minimum of five contributions in total (that is, one to each discussion board) but may make additional contributions if they wish.
    In making contributions to discussion boards, students may use note form or dot points and need not provide formal citations or references in their contributions to discussion boards unless they wish to include a quotation.

    AND

    Short Essay – 20%

    Each student must submit a short essay on the topic provided (there will be no choice). The short essay is due by 2.00pm on Monday 28th July 20124

    The short essay is to be a maximum 1,500 words – footnotes and bibliography are not included in the word count (however, footnotes should include references only and not substantive material.
    Footnotes should be used to indicate sources. In citing material in footnotes the referencing system used in The Australian Guide to Legal Citation should be followed. It may be accessed at http://mulr.law.unimelb.edu.au/go/aglc. Footnotes are not included in the word count, but no substantive material is to be included in them.

    In assessing the short essay the quality of insights and of the understandings of concepts will be of key importance. In general account will be taken of the following factors:
    preparation - evidence of prior reading and understanding of relevant materials, the ability to identify relevant issues and prepare arguments in relation to them; and
    quality of the discussion - including evidence of a deep understanding of the conceptual issues, the ability to analyse cases and other materials.

    Grade Descriptors for short essay:
    A more specific guide to the criteria required for achievement in the various grades, is as follows:
    High Distinction 85-100
    Outstanding level of quality work demonstrating a strong understanding of concepts, high level of analysis and strong capacity to identify issues, clear understanding of materials, and evidence of thorough reading of set material. Outstanding level of quality of language, spelling and grammar; and complete accuracy in use of correct forms of legal citation.
    Distinction 75-84
    Work of a highly developed nature demonstrating clear understanding of concepts, high level of analysis and clear capacity to identify issues, sound understanding of materials, and evidence of sound reading of set material. Very high level of quality of language, spelling and grammar; and very high rate of accuracy in use of correct forms of legal citation.
    Credit 65-74
    Work demonstrating thoughtful approach to materials and clear understanding of concepts, capacity to analyse material and identify issues, and evidence of reading of set material. High level of quality of language, spelling and grammar; and high rate of accuracy in use of correct forms of legal citation.
    Pass 50-64
    Work that is limited but adequate to demonstrate understanding of concepts and capacity to analyse material and identify issues, and evidence of basic reading of set material. Competent level of quality of language, spelling and grammar; and few errors in accuracy in use of correct forms of legal citation.
    Fail 0-49
    Poor quality work and lack of responsiveness to questions, inability to demonstrate understanding of concepts or capacity to analyse material and identify issues, poor or limited evidence of reading set material. Poor quality of language, spelling and grammar; and inaccurate use of correct forms of legal citation.

    AND

    Research Essay – 70%

    Topics:
    Students must present a research essay on one of the topics provided by the course co-ordinator. The course co-ordinator will distribute topics on Friday 5th October 2012.

    Due Date
    The research essay is due by 2.00pm on Friday, 29th August 2014. There will be a penalty for the late submission of essays of 5% per day or part day.

    Length
    The research essay is to be a maximum of 5,000 words (footnotes and bibliography are not included in the word count but footnotes should not contain substantive material). There will be a penalty of 5% imposed for essays that exceed this word length. THERE IS NO LEEWAY GIVEN IN RELATION TO THE WORD COUNT – MAXIMUM means MAXIMUM.
    In research essays students are expected to show evidence of an independent capacity to research a legal issue – that is, they must show evidence of research that goes beyond materials discussed or references provided in classes. In presenting research essays care should be taken to reference in footnotes any work that is quoted or otherwise derived from other sources. Footnotes will not be included in the word limit, provided they contain only references and not substantive material. Essays must be accompanied by a full bibliography. The bibliography is not included in the word limit.

    Citation and referencing
    The research essay must comply with The Australian Guide to Legal Citation which may be accessed at http://mulr.law.unimelb.edu.au/go/aglc 

    Grade Descriptors for the Research Essay are as follows:
    High Distinction: 85 – 100%
    Demonstrates an outstanding level of understanding and presentation and a very strong degree of originality and insight in addressing the research question asked; evidence of reading of, reflection on, and high level understanding of materials beyond the core texts that are relevant to the essay topic; very strong knowledge of principles and concepts and evidence of an awareness and understanding of deeper and more subtle aspects of the topic and the ability to consider issues in the context of the discipline; clear evidence of strong ability to construct a coherent and logical argument based on evidence, and evidence of imagination and flair in so doing; strong evidence of analytical and evaluative skills and ability to apply fundamental concepts; very strong evidence of independent research on the topic; highly developed skills in expression, spelling, grammar and presentation; and complete accuracy in use of correct forms of legal citation.
    Distinction: 75 – 84%
    Demonstrates a very high level of understanding and presentation and a strong degree of originality and insight in addressing the research question asked; evidence of reading of, reflection on, and clear understanding of materials beyond the core texts that are relevant to the essay topic; sound knowledge of principles and concepts and evidence of an awareness and understanding of deeper and more subtle aspects of the topic; clear evidence of good ability to construct a coherent and logical argument based on evidence, and evidence of imagination and flair in so doing; clear evidence of analytical and evaluative skills and ability to apply fundamental concepts; strong evidence of independent research on the topic; well developed skills in expression, spelling, grammar and presentation; and very high rate of accuracy in use of correct forms of legal citation.
    Credit: 65 – 74%
    Demonstrates a high level of understanding and presentation and a degree of originality and insight in addressing the research question asked; evidence of reading of, reflection on, and clear understanding of the core materials relevant to the essay topic; sound knowledge of principles and concepts; clear evidence of good ability to construct a coherent and logical argument based on evidence; clear evidence of analytical and evaluative skills and ability to apply fundamental concepts; clear evidence of independent research on the topic; good skills in expression, spelling, grammar and presentation; and high rate of accuracy in use of correct forms of legal citation.
    Pass: 50 – 64%
    Satisfies the minimum in addressing the research question asked; some evidence of basic reading of and reflection on the core materials necessary to understand the essay topic; knowledge of principles and concepts adequate to communicate intelligently in the topic and to serve as a basis for further study; evidence of basic ability to construct a coherent argument; some evidence of analytical and evaluative skills; some evidence of independent research on the topic; adequate skills in expression, spelling, grammar and presentation; and few errors in accuracy in use of correct forms of legal citation.
    Fail: 0 – 49%
    Fails to satisfy the minimum requirements and does not answer the research question; very little evidence of having read any of the core materials necessary to understand the essay topic; scant knowledge of principles and concepts; very little evidence of ability to construct a coherent argument; very little evidence of analytical and evaluative skills; no evidence of independent research on the topic; rudimentary skills in expression, spelling, grammar and presentation; and inaccurate use of correct forms of legal citation.
    Submission

    All assignments in this course are to be submitted electronically. By submitting your assignment electronically you are agreeing to the following:

    I declare that all material in this assessment is my own work except where there is clear acknowledgement and reference to the work of others. I have read the Policy on Cheating in Examinations and Related Forms of Assessment. I have also read the University's Plagiarism Policy.

    Details for electronic submission will be provided with the assignment instructions.

    Extensions: Requests for extensions must be made via email to the course co-ordinator, Professor Rosemary Owens. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are generally not unexpected circumstances.

    When students apply for an extension, their application must give details of the extent and length of the student’s medical, compassionate or extenuating circumstances, and the length of extension that is requested. The course administrator will email the student with the outcome of their request as soon as possible after it is received. If an extension is granted, it is only provisional until formal evidence of the medical, compassionate or extenuating circumstances is received. The evidence submitted must be consistent with details provided in the email requesting the extension. If the details of the request for an extension, and the medical or other evidence verifying the reason for the extension are not consistent in all respects, the extension may be nullified, and the course administrator may in their discretion decide not to accept the assignment, or impose a penalty for late submission.

    The duration of an extension is for the course co-ordinator to determine. However, where a student is completing their studies in a program, an extension should not be granted past the census date in the following semester.

    Penalties:

    1. Late Submission: Submission penalties of 5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend. For example, an assignment graded 63% will have 5% deducted if it is one hour late, giving a final grade of 58%, 10% if it is 25 hours late, etc.

    2. Word Length: Written assignments which exceed the allocated word length will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (ie with a word limit of 3,000, an essay graded 63% will have 5% deducted if it is 3001 words long, giving a final grade of 58%; if it is 3101 words long, 10% will be deducted etc). The word count includes all footnotes and headings within the text but excludes cover page information. Quotations and all referencing information are included in the word count.

    Turnaround time: The short essay for this course will be returned to students within 3 weeks of the submission date. Group feedback, together with written, individual feedback will be provided, from which students can learn in preparing their research essay.

    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.

  • 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.

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    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.