The Use of Empirical Legal Research in the Undergraduate Curriculum

Caroline HunterLILAC 2010

The issue Nuffield Inquiry “Law in the real world:

Improving our understanding of how law works”

“those studying law are not only focused on professional legal careers but they lack broader training. With limited research skills, law graduates considering academic careers naturally gravitate toward what they know - doctrinal topics and issues. There is thus an almost inevitable pattern of self replication.”

Knowing what goes on in the undergraduate curriculum

Is empirical research used in the undergraduate curriculum?

If so, how? Do law undergraduates get any empirical

methods training? How are empirical methods used in

assessment?

Methods and intention

Survey Seminar

Need to open up a debate in law schools

Some issues coming out of the survey

Methods training Ethical issues

Module subjects Assessment Dissertations Materials Some interesting experiments

Methods training

Some providing this in a “methods” module Research methods and law at Westminster Advanced legal research and law reform at

Leeds

Some in dissertation training Others within a substantive module How much can we expect to “train” law

students in empirical methods?

Module subjects

Only 1 response was a QLD module No first year modules

Module subjects – non-specific

Socio-legal modules and sociology of law Socio-legal module at Bristol

Optional Mix of theory and empirical methodology

Law in action modules Clinical legal education

Specific subject areas

Family and child law Other:

Property (only QLD subject); criminal justice and penal system; lawyers: practice and ethics; introduction to legal theory, gender and law

Assessment

Arising in coursework/exams – where need to show familiarity with empirical work to answer questions

Potter G. and Williams C. [2007] “Two birds, one stone: Combining student assessment and socio-legal research” The Law Teacher Vol 43(1), pp. 1-18

Bristol: development of a set of survey/interview questions linked to literature which has been examined and the writing of a research proposal

Specific methods module (Leeds)

The assessment is a 2,500 word essay. Students are given a choice of three articles, and are then asked to:

Evaluate the argument of the author/s, paying particular attention to (i) the relationship between doctrinal and non-doctrinal research; (ii) the research design, including the use and appropriateness of the empirical research methods; (iii) the contribution of the empirical research to the understanding of law in the given field; and (iv) the implications of the empirical research for legal reform.

Questions for discussion

What forms assessment are appropriate to methods/socio-legal modules?

What are the most effective forms of incorporation into substantive modules?

Can we get beyond referencing in standard exam/essay formats?

How do we get over student anxiety/resistance to unfamiliar forms of assessment?

Are there other the innovative examples of assessment?

Dissertations

Some include specific methods training,but….: “Empirical research is not encouraged but allowed for purposes of

completing a final year dissertation where such enquiry is considered essential to achieve its objective, and where safeguards are adhered to. These safeguards take the form of an individual training session with empirically trained law staff to discuss whether empirical research would be appropriate and feasible in the time frame, what research design might be suitable, any ethical aspects and research methods that would be appropriate (from a limited range allowed). Approval in Principle is required before students may approach potential participants or gatekeeping organisations. Completion and approval of a School Research Ethics application is also necessary along with a further session with empirically trained law staff prior to interview schedules or survey questionnaires being used. Few undergraduates have availed themselves of this opportunity since this system was introduced because few resources are allocated to it, and all but the very keen are [un]likely to opt for our fairly complicated procedure, but the Research Ethics Committee currently feels we should not remove this possibility for determined students so we are retaining the present system.”

Ethics

What do students need to know? Limited exposure at the moment Reflection on our own practices in class

may assist Guide on UKCLE website:

Mark Israel and Iain Hay http://www.ukcle.ac.uk/research/ethics/index

.html

Can we encourage empirically based dissertations?

How can we get over the problems outlined in relation to dissertations? Simplify ethical procedures Learn from other subject areas Provide subject suggestions Don't expect too much

Materials

Huge range of materials Text books (particularly for family law) Research reports (Paths to Justice) Academic articles

Few references to specific “methods” books What resources would help most?

Think innovatively

Other projects Summer research opportunities – e.g.

Cardiff

Work shadowing with empirical researchers

Some questions for further discussion

Should all undergraduate law students be exposed to empirical research?

What should the level of exposure be? How can we sell it to:

Students Colleagues