LAW 3534B - Law Reform Part B
North Terrace Campus - Semester 2 - 2016
General Course Information
Course Code LAW 3534B Course Law Reform Part B Coordinating Unit Adelaide Law School Term Semester 2 Level Undergraduate Law (LLB) Location/s North Terrace Campus Units 3 Contact Up to 3 hours per week Available for Study Abroad and Exchange N Prerequisites LAW 2501 and LAW 2504 Restrictions Available to LLB students only. Enrolment is by invitation only. Course Description This course will examine theories, practices and processes for achieving reform of the law. The course will operate in conjunction with the South Australian Law Reform Institute and students will participate in the references being undertaken by the Institute.
The topics to be covered in the course include:
- theories of law reform;
-the institutions through which the law is reformed;
-the role of the community, the executive, the parliament, the bureaucracy, commissions and courts in progressing law reform;
- the role of the news media and new media;
-the role and function of the South Australian Law Reform Institute.
Course Coordinator: Dr David PlaterDr David Plater
Deputy Director, South Australian Law Reform Institute
Ph: 8313 0921
The full timetable of all activities for this course can be accessed from Course Planner.
Course Learning OutcomesThis course seeks to equip students with an appreciation of the methods of law reform and the distinct role a law reform agency has in the modernisation of the law. On successful completion of this course students will be able to:
1. to explain how the historical and modern context of law reform impacts upon the role and operation of law reform agencies;
2. to identify the challenges of law reform and how such challenges have been or can be addressed (including an example such as relating to an Indigenous law reform issue);
3. to undertake high level research of an assigned area of the law within its comparative and policy and legal dimensions;
4. to present an argument, both in writing and orally, into a specific legal problem by demonstrating research skills, understanding of the relevant area of the law, the policy and practical implications arising and skills in effective oral and written communciation to a broad audience;
5. to critically analyse and provide constructive feedback on presentations, reports and other items as to their effectiveness and persuasion.
6. to understand and critically analyse the operation of a defined area of law to a specific legal problem in the form of a long essay and to make specfic and considered recommendations for law reform.
LLB Graduate Attributes
Students who successfully complete the subject Law Reform will satisfy the following LLB graduate attributes:
a) A law graduate from the Law School at the University of Adelaide will have a clear and detailed knowledge and understanding of the basic principles of the Australian legal system, including the separation of powers, the role of courts, the legislative process, and the role and control of the executive.
b) The law graduate will also have knowledge and understanding of the development of law and legal principle within the subject area of Law Reform and the specific area of the reform project. They will have the capacity to maintain appropriate familiarity with, and a capability to access the content of, legal principle in this area.
Intellectual and Social Capabilities
a) A law graduate will have the cognitive skills to analyse, evaluate and synthesise information from a wide variety of sources and experiences so as to identify and address as appropriate legal and related issues.
b) A law graduate will have an awareness and appreciation of the incompleteness of law and the continuous state 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.
c) A law graduate will have critical thinking and problem solving skills.
d) A law graduate will have oral and written communication skills of a high order.
e) A law graduate will have skills to work both independently and cooperatively, in a professional environment.
f) A law graduate will have the capacity and commitment to learn and maintain intellectual curiosity, and to engage in life-long personal and professional learning.
Attitudes and Values
a) A law graduate will have a commitment to the rule of law.
b) A law graduate will have an understanding of social and cultural diversity and sensitivity of the operation of the law and legal structures in that context.
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) Deep discipline knowledge
- informed and infused by cutting edge research, scaffolded throughout their program of studies
- acquired from personal interaction with research active educators, from year 1
- accredited or validated against national or international standards (for relevant programs)
2, 3, 4, 5, 6 Critical thinking and problem solving
- steeped in research methods and rigor
- based on empirical evidence and the scientific approach to knowledge development
- demonstrated through appropriate and relevant assessment
2, 3, 4, 5, 6 Teamwork and communication skills
- developed from, with, and via the SGDE
- honed through assessment and practice throughout the program of studies
- encouraged and valued in all aspects of learning
4, 5 Career and leadership readiness
- technology savvy
- professional and, where relevant, fully accredited
- forward thinking and well informed
- tested and validated by work based experiences
3, 4, 5, 6 Intercultural and ethical competency
- adept at operating in other cultures
- comfortable with different nationalities and social contexts
- Able to determine and contribute to desirable social outcomes
- demonstrated by study abroad or with an understanding of indigenous knowledges
1, 2, 3, 5, 6 Self-awareness and emotional intelligence
- a capacity for self-reflection and a willingness to engage in self-appraisal
- open to objective and constructive feedback from supervisors and peers
- able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
Brian R. Opeskin and David Weisbrot (eds), The Promise of Law Reform (Federation Press, 2005)
Depending upon the relevant law reform project(s), the relevant legislation will be required. This will be discussed at the seminar.
Students should also be aware of the Commonwealth, State and Territory Law Reform bodies which are listed on the South Australian Law Reform Institute (SALRI) webpage.
Students should also be aware of the State Attorney-General's Department website which will note ongoing law reform and legislative issues.
Students should be aware that particular law reform issues can be topical and change at very short notice depending upon various factors. The actual law reform topics to be covered as part of this course may be subject to change.
Recommended ResourcesStudents will be informed of recommended resources. It will depend upon the applicable law reform topic(s) that are covered in the course. Links to relevant articles and/or reports will be made available on the MYUNI course website.
There may be various guest speakers from government, legal practice, the media, the community and the judiciary during the course. Additional recommended resources may be provided to help students prepare and engage with such guest speakers.
Online LearningVarious on line resources will be made available to students during the course.
Students in particular as part of the course will critique and provide constructive feedback on examples of written and oral presentations, online and in class, using a rubric to be provided as to the effectiveness and persuasion of such presentations. The course aims to support and develop the skills of students in both oral and written communication and persuasion.
Learning & Teaching Activities
Learning & Teaching Modes
The primary teaching mode will be seminars. Seminars will often be in the form of interactive discussions. There will quite often be no simple right or wrong answer to the topic under discussion.
Students will be expected to have conducted the pre-class reading and research. Students will be required to come to seminars fully prepared and willing and able to enter into the discussions relating to the relevant materials. Questions will be provided relating to the course readings that will assist to support, focus and structure the individual learning of students.
The seminar will be an important part of the learning in this course. Students will be expected to actively contribute to the seminar and in doing so develop their important skills in both oral and written communication and presentation. Students will regularly be called upon to present and lead discussion of the materials and their individual research.
Students will also analyse and provide constructive reflection and feedback on both written and oral communciation and the class presentations showing these skills.
In addition to seminar attendance and discussion, weekly research activities may be assigned. Students will use these structured exercises to inform discussion of particular activities undertaken in class.
There may be various guest speakers from government, legal practice, the media, the community and the judiciary during the course. Students should take the valuable opportunity to fully engage with such guest speakers who are kindly sharing their time and expertise. It goes without saying that students should always treat any guest speaker with professionalism.
The information below is provided as a guide to assist students in engaging appropriately with the course requirements.Law Reform A and Law Reform B is a full year university course.
The course consists of one continuing 3 unit subject. The course runs over both Semester 1 and 2 of the academic year. Students will have 2 hours of class time per week plus up to 1 hour of structured activities.
Students will expect to spend at least 3 hours each week in independent study related to the course.
Learning Activities Summary
Preparation for research assignment
Discussion of course outline
Planning research assignment
Critical learning from last project
Common themes: how does law reform measure its 'success'
Research Assignment topics assigned
Part 1: Law reform through the executive and parliament
Critical discussion of set reading
Part 2: Legislative processes
Quiz and discussion (political and law reform process)
Part 3: Assignment 2
Preparation for law reform assignment/refresher in oral and written communciation
Executive and legislative processes for law reform
Seminar conducted by Attorney General’s Department
Part 1: Law reform through the courts
Critical discussion of set reading
Part 2: Using Hansard and case authorities in law reform papers
Part 3: Assignment 2
Preparation for law reform assignment and Opportunity to discuss Report outline
Structure for law reform papers
Preparation for law reform assignment
Part 1: Role of the Press and Community and Pressure Groups in Law Reform
Panel discussion with student input
Part 2: Assignment 2
Preparation for law reform assignment
Part 1: Criminal justice reform
Part 2: Assignment 2
Preparation for law reform assignment
Part 1: Civil Law reform and Social Justice
Part 2: Assignment 2
Preparation for law reform assignment
Student presentation and discussion (or Guest Presentation)
Student presentation and discussion
Student presentation and discussion
Student presentation and Discussion
Course Overview and Last Questions
Measuring 'Success' in Law Reform?
Research Assignment Due
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.
Formal requirements for the Replacement Research Assignment will be the same as for the primary Research Essay, however the Replacement Research Assignment will be weighted in accordance with the Modified Arrangements for Coursework Assessment policy.Please note that this summary refers to assessment for the whole year (Law Reform Part A in Semester 1 and Law Reform Part B in Semester 2).
The Semester 1 assessment is the Literature and Case Review (35% of the total marks for this course).
The Semester 2 assessment is the Research Assignment (55% of the total marks for this course).
Class participation is one mark assessed over both Semester 1 and Semester 2 (10% of the total marks for this course).
Redeemable (Y or N)
Class Participation - 10 N Literature and Case Review Written Assignment 1500 30 N Assignment Presentation - 5 N Research Assignment Written Assignment 3500 50 N Assignment Presentation - 5 N
Assessment Related Requirements
Participation in Seminars – weighting 10%
Students will be assessed on the quality of their contributions to the seminars during the year. This assessment will address the following learning objectives identified in the assessment scheme: 2 (a-c) and (e). It also covers Course Learning Outcomes 1, 2, 3, 4, 5 and 6.
Students should be able to engage in the literature and present opinions and foster discussion based upon the materials. In particular students will address specific questions of law, policy or practice raised by the literature and the seminar leader, and give presentations of their assignments to the class and critique and provide constructive feedback on the presentations of other students.
Literature and Case Review – weighting 35%
Students will present a literature and case review relating to the assigned research project. This is likely to be linked to the ongoing work of the Law Reform Institute. This assessment will address the learning objectives identified in the assessment scheme: 2.1 (c-f). It also covers Course Learning Outcomes 2, 3, 4, 5 and 6. There will be an emphasis on the research, understanding of the relevant law and the skills of oral and written presentation in both the literature and case review.
For this assessment, students will be required to submit a written paper AND give a seminar presentation of their review to the class before submitting the written paper for assessment. This assessment task has a weighting of 35% of the mark for the course, comprising 30% for the written paper and 5% for the presentation.The written Literature and Case Review are due on the last day of Semester 1 Week 12.
Research Assignment – weighting 55%
The Research Assignment will address the learning objective identified in the assessment scheme: 2.1 (c-f). It also covers Course Learning Outcomes 1, 2, 3, 4, 5 and 6.
The Research Assignment will be likely to be determined by the particular project(s) being undertaken by the Law Reform Institute. Specific aspects of the research activity will be determined by the end of Semester 1.
The research assignment will allow students to undertake detailed research in an assigned area of the law and examine the legal, policy and practical implications arising and to make specific recommendations for law reform. The research assignment provides students with the opportunity to demonstrate their understanding of the relevant law and its implications in a law reform context, capacity to identify a research question and analyse relevant legal materials and to make considered recommendations and to develop and demonstrate their skills in oral and written presentation to a broad audience. For this assessment, students will be required to submit a written paper AND give a seminar presentation of their review to the class before submitting the written paper for assessment. This assessment task has a weighting of 55% of the mark for the course, comprising 50% for the written paper and 5% for the presentation.
The written Research Assignment is due on the last day of Semester 2 Week 12.
All assessment is summative. All assessment is compulsory. All assessment is to be undertaken individually. Although there are collaborative activities all assessment tasks are to be undertaken by the individual student.
Replacement Research Assignment
Where a student fails the course but qualifies for replacement assessment under the Modified Arrangements for Coursework Assessments, they will be required to submit a new Replacement Research Assignment on a new topic provided by the course co-ordinator. This Replacement Research Assignment topic will cover a wide range of material examined in the course and will be due two weeks after the posting of the final results for the course. Formal requirements for the Replacement Research Assignment will be the same as for the primary Research Essay, however the Replacement Research Assignment will be weighted in accordance with the Modified Arrangements for Coursework Assessment policy.
PARTICIPATION IN SEMINARS – weighting 10% of the total marks for this course (one mark applies to participation over the whole year (ie: in both Semester 1 and Semester 2)
Students are expected to attend and participate fully in seminars.
Grade Descriptors for Class Participation are 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 cases and materials, strong responsiveness to the contributions of others, insightful and considered and constructive feedback, and evidence of thorough reading of set material and preparation for class.
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 cases and materials, strong responsiveness to the contributions of others, considered and helpful feedback and evidence of reading set material and preparation for class.
Regular attendance at classes, frequent contributions to class discussion demonstrating thoughtful approach to materials and clear understanding of concepts, capacity to analyse cases and material and identify issues, responsiveness to the contributions of others, helpful feedback and evidence of reading set material and preparation for class.
Regular attendance at classes, limited contributions to class discussion but adequate to demonstrate understanding of concepts and capacity to analyse cases and material and identify issues, basic responsiveness to the contributions of others, basic feedback and evidence of reading set material and preparation for class.
Failure to regularly attend classes, limited contributions and lack of responsiveness to questions, no effort at engagement or feedback, inability to demonstrate understanding of concepts or capacity to analyse cases and material and identify issues, limited or poor evidence of reading set material and preparation for class.
LITERATURE AND CASE REVIEW – weighting 35%
For further information on the Literature and Case Review, please refer to the Course Outline for Law Reform Part A.
RESEARCH ASSIGNMENT – weighting 55%
Given the special nature of the course and the need to align the research activities of the course with those of the Law Reform Institute the specific topics for the Research Assignment will not be known prior to the commencement of the course. It is anticipated that the research topics will be distributed by the end of Semester 1.
The objective of the research assignment is to review an area of law that has been identified as needing reform and to present and examine a range of reform options.
The Research Assignment is due by 2.00pm on the last day of Semester 2 Week 12.
There will be a penalty for late submissions of 10% per day or part day. This penalty is NOT 10% of the mark but of the assessment. For example an assignment that obtains a mark of 70% which is two days late will incur a penalty of 20%. The final mark would be 50%.
The research essay is to be a maximum of 3500 words. There will be a penalty of 10% imposed for essays that exceed this word length. There is no leeway. 3500 words means a MAXIMUM of 3500 words. Reasonable use of footnotes will not count towards this. The research assignment requires original and independent research AND a presentation of the written paper to the class before it is submitted for assessment. The written paper will be assessed at 50% and the presentation will be assessed at 5% of the mark for this course. These exercises involve both written and oral communication and persuasion.
Citation and referencing
The research essay must comply with The Australian Guide to Legal Citation (3rdedition) ‘AGLC3’. AGLC3 is available for purchase from bookshops or may be accessed at http://www.law.unimelb.edu.au/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 and cases 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 and cases 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.
SubmissionBy the due date all submissions should be submitted via TURNITIN and an electronic copy emailed to the Course Coordinator.
All Assignments must comply with the following:
All Assignments should be one and a half spaced and have margins wide enough to allow for comments and feedback by the examiner.
Students must also submit an electronic copy of their assignment in Word format to the Course Coordinator by the due date for the assignment.
Students must retain a copy (including an electronic copy) of the Seminar Paper and Research Essay they submit. Students may be required to submit their seminar paper and/or research essay to an electronic plagiarism detection software (SafeAssign or Turnitin) and, in any event, are encouraged to use these software programs themselves as a check for plagiarism and the academic integrity of their work.
All Assignments must be attached to a signed Assignment Cover Sheet. Examiners will withhold a student’s results until such time as the student has signed the Assignment Cover Sheet. Examiners can refuse to accept assignments that do not have a signed acknowledgement of the University’s policy on academic honesty/plagiarism (refer to policy below). Students must also include on the coversheet a statement as to word length to their Seminar Paper and Research Essay.
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.
Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.
Final results for this course will be made available through Access Adelaide.
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Lex Salus was founded in 2013 by Adelaide Law School Wellbeing officers Ms Corinne Walding, Ms Kellie Toole and Dr Mark Giancaspro. Lex Salus is an initiative of the Adelaide Law School aimed at raising law student awareness of the importance of mental, physical and nutritional health across all year levels of the degree, and of the various counselling, disability and equity services both within and outside the University that can provide help. Research shows that law students, both in Australia and in many jurisdictions around the world, experience the highest levels of stress, anxiety and depression out of any other discipline. Many do not get enough sleep, maintain a healthy diet or achieve a realistic work/life balance. Making matters worse, they are unwilling or afraid to speak up for fear of feeling 'weak' or because of the negative stigma that attaches to seeking help. Lex Salus is dedicated to tackling these problems head-on.
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Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
- Academic Credit Arrangement Policy
- Academic Honesty Policy
- Academic Progress by Coursework Students Policy
- Assessment for Coursework Programs
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- Student Experience of Learning and Teaching Policy
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Further information regarding the Law School Policies and Procedures in relation to Supplementary Assessment, Extensions, and Remarks etc can be found at:
Plagiarism and other forms of cheating
Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School Enrolment Guide, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the University.
Plagiarism is a serious matter and is treated as such by the Law School and the University. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to refuse to admit a person to practice as a legal practitioner in South Australia.
Academic honesty 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. Ethics is fundamental to legal practice.
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.
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