Download Fall 2010 - Carleton University

CARLETON UNIVERSITY
CRCJ 3003B: Legal Research Methods
Fall 2010
Instructor: Dr. Lara Karaian
Office: C572 Loeb Building
Office Phone: 613-520-2600 x 1458
E-mail: Please direct all e-mail contact through WebCT e-mail
Class Meets: Monday, 8:30 – 11:25
Class Location: Please check with Carleton Central for current room location
Office Hours: Monday. 1:00-2:00 pm, or by appointment
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COURSE DESCRIPTION:
The primary objective of this course is to provide students with the fundamental knowledge, skills, and tools that
will enable them to seek answers to pressing criminological questions. The course focuses on issues pertinent to
research methodologies in the study of the legal components of criminology. Students will learn how to design a
research question, create a plan, and find legal sources through a series of lectures, workshops and assignments.
In addition to developing skills and techniques in accessing traditional and electronic research resources, students
will be asked to reflect upon theoretical dimensions of legal research. These skills will be developed through group
work focused on criminal law issues such as: zero tolerance alcohol for drivers under 21; HIV nondisclosure; age of
consent; internet luring; Mixed Martial Arts (MMA); counseling suicide over the internet. Ultimately, students
should develop the ability to find, analyze and apply the information necessary to engage in a debate on their legal
research topic and write a persuasive research report.
COURSE OBJECTIVES:
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Advance an understanding of the how to design a research question and appropriate methodology
Foster a substantive knowledge of the relationship between theory and methodology
Develop the fundamental skills pertinent to conducting traditional and electronic legal research
Extend the student’s ability to critically evaluate criminological literature and case law
Foster the ability and the confidence to think critically and out loud
Develop the ability to work individually, in a partnership, and in/as a group
Prerequisites: third-year standing in the B.A Honours program in Criminology and Criminal Justice.
Precludes additional credit for LAWS 3907 (no longer offered), LAWS 2908 and LAWS 3908.
REQUIRED TEXTS:
Margaret Kerr et al., Legal Research: Step by Step, 2nd ed. (Toronto: Emond Montgomery, 2006).
(available at the bookstore)
Wayne C. Booth et al., The Craft of Research, 3rd ed. (Chicago: University of Chicago Press, 2008).
(available at the bookstore)
Additional course readings are available online and can be accessed through the course’s WebCT web
site.
RECOMMENDED TEXTS:
Frank Hagan, Essentials of Research Methods in Criminal Justice and Criminology. (Boston: Pearson
Education, Inc., 2005)
S. Kirby and K. McKenna, Experience, Research, Social Change: Methods from the Margins
Garamond Press, 1989).
(Toronto:
WEB SITE:
This course will be managed with Carleton’s WebCT course management system. Course readings as well
as PowerPoint slides, announcements, grades, discussion groups and weblinks will be posted on this site.
You must activate your WebCT account by going to the following page http://webct.carleton.ca and
follow the links from the “Student Resources” site on the left hand side. Only students registered in the
course have access to the site. Your Username and Password to sign on are the same as those for your
Connect account (make sure that your Connect account has been activated first). All correspondence with
me should be carried out through the WebCT e-mail system ONLY. See https://portal.carleton.ca for
instructions on how to set up your account. It is imperative that each student is able to access the course
Web site and that they do so frequently.
EVALUATION:
Participation
Research Question
Research Proposal
Annotated Bibliography
In-class Debate
Research Report
15% (Ongoing)
5% (Due: Sept. 27, 2010)
15% (Due: Oct. 18, 2010)
20% (Due: Nov. 1, 2010)
20% (Nov. 22-Dec. 1, 2010)
25% (Due: Dec. 6, 2010)
Evaluation will be guided by the following criteria:
 Quality and structure (clarity, rigor, precision, justification, depth, logic, flow);
 Originality (ensure your research uncovers something new and is insightful, do not simply rehash old
debates, expand on them and locate them in our contemporary context).
 Flare (quality communication requires getting your audience excited about your research, speak
passionately, confidently and respectfully about your topic)
 Sophistication (for example: avoiding ‘common sense’ and stereotypes, considering alternative points of
view, anticipating counter-arguments);
Please note that a component of the grade for any paired or group-based work will be based on peer
assessment.
C+
C
C‐
D+
D
D‐
F
Letter Grade Percent
A+
A
A‐
B+
B
B‐
90 – 100%
85 – 89%
80 – 84%
77 – 79%
73 – 76%
70 – 72%
67 – 69%
63 – 66%
60 – 62%
57 – 59%
53 – 56%
50 – 52%
0 – 49%
Class attendance and participation – 15%
This course is structured as a seminar in which individual attendance and active participation are extremely
important. Students are expected to come to class/labs having read all assigned required readings (if applicable)
and/or having conducted research for their course assignments. The participation mark is not only based upon
actual attendance in classes and labs but also on a student’s contributions to small and large group discussions and
exercises.
Research Question – 5%
In the first class students will be asked to rank their top three research topic choices (topics are listed in the course
description above). Based on your interests you will be divided into groups of four. From here, each group will
begin the planning stage of their legal research by collectively designing a research question. The research
question should be legal in its focus (pertaining to the researching of case law, statutes, and legal literature) and
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should be constructed in such a way as to encourage debate on the issue. Your group’s research question, and the
process by which it was developed, will be documented and submitted as one collective assignment. When
designing the research question please keep in mind that each group of four will also eventually produce a collective
research proposal. Soon after, however, the group will be split into two pairs (each pair will work as a team). Each
pair will pursue legal research supporting their position on the research question in preparation for an in-class
debate against the other two members of the original group of four (if pairs can not be determined by the group
members they will be randomly assigned by me). Detailed instructions and a grading rubric for the Research
Question assignment will be provided in class prior to the due date. All group members will receive the same
assignment grade, however, a portion of each individual’s grade will also be determined by peer evaluation and
therefore not all members of the group will necessarily end up with the same mark. Due: September 27, 2010.
Research Proposal - 15%
Writing a proposal on the basis of preliminary research is an essential part of the legal research process. The
research proposal will eventually form the basis for your in-class debate and final persuasive paper. Each group of
four will collectively develop a 5-6 page research proposal that, among other things: identifies your chosen topic,
describes a refined central research question, outline two competing perspectives on the topic, discusses your
“conceptual baggage”, outlines the proposed methodology and theoretical framework(s), provides a rationale for
your topic, and discusses consequences and ethical issues of your research. More information on how to write a
proposal and a detailed grading rubric will be provided in class. All group members will receive the same
assignment grade, however, a portion of each individual’s grade will also be determined by peer evaluation and
therefore not all members of the group will necessarily end up with the same mark. DUE: October 18, 2010.
Annotated Bibliography, 4-5 pgs - 20%
Following the writing of the research proposal each group of four will be split into two groups of two: one pair
will argue in support of one perspective identified in the proposal, the other will argue the opposing side. Each
individual student will then be responsible for creating a list of citations to books, articles, cases, legislation, and
other documents relevant for their side of the debate, and eventually their persuasive research paper. Each person’s
annotated bibliography should include 5 sources. Some coordination will be required amongst partners as there
must not be any duplication of sources amongst those on the same side of the issue. Each citation/annotation must
include descriptive and evaluative paragraphs that address how the document connects to their position. The
annotated bibliographies will be marked individually. More information on how to write an annotated
bibliography and a grading rubric will be provided in class. Each annotated bibliography should be approx. 4-5
pages long and single spaced. Due: November 1, 2010.
Debate, 20%
Your research will culminate in a lively debate and final persuasive paper. Why a debate? Research informs not
only the written word, but also the spoken word. Debating will help ensure that the research you’ve conducted is
not only discovered, it’s also understood. Conducting legal research is key to speaking in public in a confident and
persuasive manner. Debating teaches you how to take your research and construct and explain arguments. It also
teaches you how to think quickly on your feet when defending your arguments, and how to listen carefully,
critically and respectfully to what others say. The debates will take place in the final few weeks of the course. Each
debate is to be 30 mins long followed by 30 mins of discussion. Two readings from each group (one for each side)
will be assigned to the rest of the class the week prior to the debate, and to the instructor two weeks in advance of
the debate. Debate partners will receive the same grade. A portion of each individual’s grade will be determined by
peer evaluation and therefore both partners may not necessarily end up with the same mark. In addition, your
classmates will be asked to evaluate the debate and to choose a debate winner. A small portion of the grade will be
based on an average of their numerical assessment of the persuasiveness of your arguments and the quality of the
research used to defend your position. Each team’s debate script is to be handed in on the day of their debate. All
support should be cited correctly. A grading rubric and detailed expectations for the debate will be provided in
class. Debates will take place November 22 – December 1, 2010.
Final Research Report, 25 pgs maximum - 25%
With your debate partner you are required to write a persuasive research report; one that draws on scholarly legal
resources in order to simultaneously defend an original argument and refute opposing perspectives.
The final research report presents a critical overview of, and dialogue with, the related sources (journal articles,
books, case law, statutes, regulations, government documents and/or other texts) that have been collected during
your research. Finally the report should suggest directions for future research as well a legislative reform. Papers
must be double spaces, one inch margins, 12 point font) plus a bibliography. All sources must be properly cited.
Failure to do so will result in failing grade. Both writing partners will receive the same grade, however, a portion
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of each individual’s grade will be determined by peer evaluation and therefore both partners may not necessarily
end up with the same mark. A grading rubric and detailed expectations for the debate will be provided in class.
DUE: April 7, 2010.
POLICIES:
(i) Contact with Instructor
I will be available for consultation with students during my office hours or by appointment. Please e-mail me using
the WebCT e-mail system should you want to set up an appointment outside of regularly scheduled office hours.
(ii) E-mail Policy
Every student is expected to have a Carleton e-mail address and to check it regularly. University policy dictates
that Professors will not send e-mails to students at any other addresses. If a class has to be cancelled, or if there is
any other matter which you should know about prior to class, you may be sent an email on your Carleton account.
I generally try to respond to e-mails within two days.
(iii) Late Penalties
Late assignments will be deducted a penalty of 5% for each day submitted after the due date (including week-end
days). Assignments submitted more that one week after the due date will receive an F. Late assignments are
penalized 5% per day, including weekends (except under exceptional circumstances, i.e. grave illness. I require
third party documentation in order to get an extension); Computer failure, conflicts with work schedules or similar
problems are not a valid excuse for failing to submit an assignment on time. Students submitting late
assignments must submit a hard copy of the assignment to the Institute of Criminology and Criminal
Justice drop-box and must email me the assignment via WebCT. The Institute of Criminology and Criminal
Justice drop-box is located on the wall outside the Institute’s door at C562 Loeb Building. Students are
responsible to keep an extra copy of any assignment that is submitted for evaluation.
(iv) Policy on Discrimination and Harassment
Carleton University is a community of faculty, staff and students who are engaged in teaching, learning, and
research. Its members are part of the community at large and are governed by the law common to all persons. But
membership in the academic community also entails certain rights and responsibilities. The university respects the
rights of speech, assembly, and dissent; it prohibits discrimination on the basis of race, ancestry, place of origin,
colour, ethnic origin, national origin, creed, sex, gender identity, sexual orientation, age, marital status, family
status, political affiliation or belief, or disability that is defined as such in the Ontario Human Rights Code; it
requires tolerance and respect for the rights of others; and it promotes an environment conducive to personal and
intellectual growth.
(v) Academic Dishonesty
Academic dishonesty, which includes plagiarism and cheating, is an extremely serious academic offense and carries
penalties varying from failure in an assignment to suspension from the University. The University
Senatedefinesplagiarism as “presenting, whether intentional or not, the ideas, expression of ideas, or work of
others as one’s own.” This can include: ‐Reproducing or paraphrasing portions of someone else’s published or
unpublished material, regardless of the source, and presenting these as one’s own without proper citation or
reference to the original source;
-Submitting an assignment or examination written in whole or in part, by someone else; ‐Using ideas or direct,
verbatim quotation, or paraphrased material, concepts, or ideas without appropriate
acknowledgement in any academic assignment;
‐Using another’s data or research findings; ‐Failing to acknowledge sources through the use of proper citations
when using another’s works and/or
failing to use quotation marks; ‐Handing in “substantially the same piece of work for academic credit more than once
without prior written permission of the course instructor in which the submission occurs.”
REQUESTS FOR ACCOMMODATION:
Students with disabilities requiring academic accommodations in this course must register with the Paul
Menton Centre for Students with Disabilities (PMC) for a formal evaluation of disability-related needs.
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Documented disabilities could include but are not limited to mobility/physical impairments, specific Learning
Disabilities (LD), psychiatric/psychological disabilities, sensory disabilities, Attention Deficit Hyperactivity
Disorder (ADHD), and chronic medical conditions. Registered PMC students are required to contact the PMC,
613-520-6608, every term to ensure that I receive your Letter of Accommodation, no later than two weeks before
the first assignment is due or the first in-class test/midterm requiring accommodations. If you only require
accommodations for your formally scheduled exam(s) in this course, please submit your request for
accommodations to PMC by the deadlines published on the PMC website: http://www2.carleton.ca/pmc/newand-current-students/dates-and-deadlines/
Pregnancy obligation: Students requesting academic accommodation on the basis of pregnancy should write to
me with any requests for academic accommodation during the first two weeks of class, or as soon as possible after
the need for accommodation is known to exist. Pregnant students requiring academic accommodations are
encouraged to contact an Equity Services Advisor in the Equity Services Department (ext. 5622) to complete a
letter of accommodation. For more details visit the Equity Services website:
http://www.carleton.ca/equity/accommodation/student_guide.htm
Religious obligation: Students requesting academic accommodation on the basis of religious obligation should
write to me with any requests for academic accommodation during the first two weeks of class, or as soon as
possible after the need for accommodation is known to exist. Such requests should not be made any later than two
weeks before the compulsory event. For a list of holy days and Carleton’s Academic Accommodation policies and
procedures visit the Equity Services website:
http://www.carleton.ca/equity/accommodation/student_guide.htm
CRCJ 3003B: Course Schedule and Readings
Please note that this schedule and course readings are subject to change.
September 13: Introduction to the course and overview
No readings.
***Topic sign-up today!***
September 20: Introduction to Criminological Inquiry in an Interdisciplinary Setting
From Topics to Question - Developing your area of interest – Narrowing your focus – Creating a research
question – From research question to specific problems – Research Strategy and timeline – Introduction to legal
literature
Hagan, Frank. (2005). Essentials of Research Methods in Criminal Justice and Criminology. Chapter
One: Introduction to Criminal Justice Research Methods, pages 1-32, Boston: Pearson Education,
Inc..
Kirby, S., and McKenna, K. (1989). Experience, Research, Social Change. Methods From the Margins. Chapter
1: Getting Ready. Toronto: Garamond Press.
Booth, W., Colomb, G., and Williams, J. (1995). The Craft of Research. Chapters 3: From Topics to
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Question and Chapter 4: From Questions to a Problem. Chicago: University of Chicago Press.
Meet your Group! Group Exercise: Pitch your hunches, your questions and your hypotheses to one
another
September 27: Legal Inquiry: The Relationship of Legal Theory to Methodology
Considering and problematizing the relationship of legal theory to methodology
Calvin and Hobbs comic (to be distributed in class)
Devlin, Richard F., “Mapping Legal Theory” (1994) 32 Alberta Law Review 602
Feyeraben, Paul. (1993) Against Method, pp. 9-19. London: Verso.
Dawson, T. Brettel. “Legal Research in a Social Science Setting: The Problem of Method.” Dalhousie Law
Journal 14 (1992): 445-472.
***Research Question Due***
October 4: Researching Secondary Sources using Legal Databases: Library Session
From problems to sources – Engaging Sources – Finding legal literature and case comments using electronic data
bases – Research proposals
Meet in our classroom for an in-class workshop and later proceed to MacOdrum Library, room 102 (basement),
with Michelle Atkin, Law Librarian
Booth, W., Colomb, G., and Williams, J. (1995). The Craft of Research. Chapters 5: From Problems
to Sources and Chapter 6: Engaging Sources. Chicago: University of Chicago Press.
Kerr, Margaret et al., (2006) Legal Research: Step by Step, 2nd ed. Chapter 1: The Basics of Legal
Research. Toronto: Emond Montgomery.
October 11: Statutory holiday, University closed.
October 18: Refining your Research question, Finding Cases: Library Session
Meet in our classroom for an in-class workshop and later proceed to MacOdrum Library, room 102 (basement),
with Michelle Atkin, Law Librarian
Defining your argument – Supporting your claims with evidence – Developing your research method
Maxfield, Michael, and Babbie, Earl. (2004). Research Methods for Criminal Justice and
Criminology.
Fourth Edition. Chapter Four: pages 78-95. Scarborough, Canada: West/Wadsworth
Publishing.
Booth, W., Colomb, G., and Williams, J. (1995). The Craft of Research. Chapters 7: Making Good
Arguments. Chicago: University of Chicago Press.
Kerr, Margaret et al., (2006) Legal Research: Step by Step, 2nd ed. Chapter 4: Cases and Chapter 11:
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Finding and Updating Cases. Toronto: Emond Montgomery.
Courts, Tribunals and Case Law
http://www.library.carleton.ca/subjects/law/cases.html
***Research Proposal Due***
October 25: Researching bills, statutes, regulations and government documents
Kerr, Margaret et al., (2006) Legal Research: Step by Step, 2nd ed. Chapters 2: Statutes and Chapter 3:
Regulations.
Legislation and Regulation (Bills and Statutes)
http://www.library.carleton.ca/subjects/law/legislation.html
Become familiar with the Library Guide for Criminology
http://www.library.carleton.ca/subjects/criminology/index.html
Library Guide for Law- http://www.library.carleton.ca/subjects/law/index.html
Introduction to Google Docs http://www.google.com/google-d-s/tour1.html
***Research Proposal Returned***
November 1: Ethical Issues in Legal Research
Campbell, Angela. “Wives’ Tales: Reflecting on Research in Bountiful” 23 Canadian Journal of Law
and Society 1-2, (2008): 121-141.
Frakel, Mark and Siang, Sanyin. “Ethical and Legal Aspects of Human Subjects Research on the
Internet” Workshop Report, Washington (1999): 1-20
http://www.aaas.org/spp/sfrl/projects/intres/report.pdf
***Annotated Bibliography Due***
November 8: Synthesizing and Analyzing Information Group Exercise
In small groups, students will discuss their topics and how they plan to shape their debate. Students
will have the chance to meet with the professor one-on-one during the class to discuss challenges in
their research.
Review: Booth, W., Colomb, G., and Williams, J. (1995). The Craft of Research. Chapter 7: Making
Good Arguments. Chicago: University of Chicago Press.
*** Annotated Bibliography Returned***
November 15: In-class work period
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November 22: Debate # 1 and #2
November 29: Debate # 3 and #4
December 1: Debate # 5 and #6
Concluding thoughts, class discussion and course evaluation
December 6:
No class
Final Research project due in the Criminology and Criminal Justice drop-box (The drop-box is
located in the corridor, on the wall outside of C562 Loeb Building
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