Interested in social justice and ways law and lawyering are involved? Come and explore ways of lawyering or working with lawyers to advance prospects for reform, justice and inclusion locally, nationally and internationally. 

The lens of law and organising, case studies and problem-based work will encourage you to differentiate, assess and conceptualise approaches to reform. 

Students will gain a deeper understanding of how conceptualisations of law and of problems relate to possibilities for progressive and sustainable change. Students will also develop proficiency in respect to aspects such as: how ‘repertoires of contention’ are managed, governed and regulated; challenges and opportunities arising from diverse and conflicting interests; ethical and professional conduct issues; and, pitfalls such as reductionism, unaccountability and unintended consequences.

Practicing and non-practicing lawyers and many others are involved in law and organising for reform. Students will focus on obligations arising from legal professional regulations, identifying and analysing situations in which such obligations apply and responding in full compliance with legal professional regulations. Legal professional issues and a range of other ethical issues will be explored in a Topic during the course and also throughout the course. 

Other issues in the course include how ‘law and organising’ relates to concepts such as agency, citizenship, civics, community development, development, political participation, rights, social capital and sustainability. 

Also, the relationships between ‘law and organising’ and: cause lawyering; lawyering from within; legal empowerment; change-orientated lawyering; legal mobilisation; public interest lawyering; rebellious lawyering; strategic legal practice; strategic litigation; and, social movements. 

Students will assess whether and when ‘law and organising’ is a critical project and how techniques emerge, are practiced and change.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Demonstrate, through critical analysis, in written and/or oral form, an advanced and integrated understanding of a complex body of knowledge in the area of law and organising for reform;
2. Research, critically analyse and reflect on complex information, problems, concepts and theories in relation to the possibilities and effects of law and organising for reform in different contexts;
3. Interpret, conceptualise and articulate for specialist and non-specialist audiences, stakeholder problems and positions relevant to law and organising for reform;
4. Expertly and creatively develop effective options in law and organising for reform applied to particular problems which encompasses legalities, practicalities, risks and alternatives;
5. Demonstrate and apply advanced knowledge and skills autonomously and ethically, displaying expert judgment, adaptability, responsibility and self-critique as a learner and practitioner in relation to problems in law and organising for reform;
6. Plan and complete a substantial research project demonstrating expert critical and reflective engagement with concepts in law and organising for reform, problem analysis, legal research, legal principles and legal writing.

Research-Led Teaching

A distinctive feature of research-led teaching in this course is that it is a joint enterprise, based on the perspectives that: 

• 'practice’ is a site and a space in which research-in-doing occurs continually, whatever the contexts or purposes
• practice and practices provide a strong impetus for many forms of deep and wide-ranging research and inquiry
• theory is a rich conceptual source to help critique problems and how they operate
• everyone is a researcher in relation to topics, issues and practices which concern them
• everyone is a teacher, able to prompt and encourage scholarly and other forms of research-led learning

Required Resources

White, Lucie and Jeremy Perelman (eds), Stones of Hope: How African Activists Reclaim Human Rights to Challenge Global Poverty (Stanford University Press, 2011) (e-book or hard copy).

A rich, highly readable resource containing reflective case studies and theoretical essays. Available online via the ANU Library and the course e-brick. The paperback is available from Stanford University Press Amazon, e-Bay etc. for less than $30.

Recommended Resources

If you do not have a background in the subject matter or it would be useful for you to refresh, it is highly desirable for you to complete preliminary reading to prepare for the course.

Read or select from the following, which introduce many of the themes in law and organising:

• Orwell, George, Animal Farm: A Fairy Story (first Mariner edition) (Houghton, Mifflin, Harcourt, 2009) (hard copy or e-book).

A classic allegorical tale promoting critical thinking about the nature of law, governance, politics, history and social and political movements. Available online via the ANU Library and the course e-brick. The paperback is widely available, for around $20.

• Cummings, Scott L. and Ingrid V. Eagly, 'A Critical Reflection on Law and Organizing' (2000-2001) 48 UCLA Law Review 443 
• Price, Loretta and Melinda Davis, 'Seeds of Change: A Bibliographic Introduction to Law and Organizing ' (2002) 26(4) Review of Law and Social Change 615 
• Hung, Betty, 'Law and Organizing from the Perspective of Organizers: Finding a Shared Theory of Social Change ' (2009) 1(4-30) Los Angeles Public Interest Law Journal 4 
• Capulong, Eduardo R.C., 'Client Activism and Progressive Lawyering Theory' (2009) 16 Clinical Law Review 109 

* All Preliminary Reading is available online via the ANU Library and the course e-brick.

Staff Feedback

You will be given written and/or oral feedback pointing out things that have been done well and those that could be done better or differently. You will be given written or oral feedback following any submission of an assessment. This is typically available 1-4 weeks after submission of the assessment. You may seek further elaboration on any feedback - either from your marker or by the Convenor. If you feel that your feedback and grade does not reflect your performance, please contact the Convenor in writing and outline your concerns. Your submission will be re-marked by a new examiner.

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

External Resources

Information about the ANU Law Library, including details of E-Legal research online resources (for example, CCH Intelliconnect, Legal Online, LexisNexisAU, etc) is available to ANU students and can be found at http://anulib.anu.edu.au/subjects/law. For access to the online resources please go to: http://virtual.anu.edu.au then type in your student number and password. At various points throughout the course you will be directed to other useful external resources.

 

Referencing Requirements

Where required, students must use footnotes for referencing and the Australian Guide to Legal Citation (http://www.law.unimelb.edu.au/mulr/aglc) for the citation style. 

 

Word Limits

The method of calculation of word length for assessment pieces in this course is a global word count. This means that when calculating the number of words of a piece of assessment students must include all headings, text, and footnotes (excluding bibliography). Students should calculate this using Microsoft Word’s word count function or equivalent. The default penalty is as follows: the mark which is awarded initially will be reduced by half the proportion by which the word limit has been exceeded. As an example, if the word limit is 2,000 words, and the essay submitted is 3,000 words long, then the initial mark for the essay would be reduced by 25% of that mark.

Papers which fall short of words will not be penalised on that basis alone. However, short papers risk failing to address the question adequately.

 

ANU Library

All enrolled ANU students can access the ANU databases (including the full-text databases such as Westlaw) through the ANU Library webpage http://anulib.anu.edu.au/lib_home.html

Opening hours for the Law Library can be accessed at http://anulib.anu.edu.au/using-the-library/opening-hours/.

To access restricted ANU web pages from home as though coming from a computer on campus you need the Reverse Proxy Server known as ‘Virtual’. You can access virtual through http://virtual.anu.edu.au/login.

Students living near another law school may need to access print resources from their local school. ANU students can use these collections through the University Library Australia national borrowing scheme. The scheme allows people who are enrolled at a university in one city to access university libraries in another city at a reduced rate. For further information see http://www.caul.edu.au/caul-programs/university-library-australia. Students who wish to participate in this scheme need to join at the library they wish to access material from. The cost of the scheme is $50 per academic year.

The ANU document delivery service is available for remotely located students in non-capital cities. For further information see https://anulib.anu.edu.au/using-the-library/document-supply-services/ .

The ANU Library Off-Campus Service is available to students who live more than 60 kilometres from the ANU campus at Acton, ACT. Before using the service for the first time, you will need to complete the online User Agreement Form. You will then be able to request a book, table of contents, chapter or article using the request forms on the Off-Campus Service web pages. For further information see http://anulib.anu.edu.au/offcampus/.

 

Sub-Dean, GDLP/MLP

The GDLP/MLP Sub-Dean can be contacted via email on subdean.slp@anu.edu.au

Wellbeing Support Services for Lawyers

You will find wellbeing support information for lawyers on the ANU School of Legal Practice website.

We also encourage you to read Being Well in the Law – a guide for lawyers which is a toolkit is provided by the NSW Law Society, written by our ANU Academics.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Introduction and Course Themes
2	What is 'law'? Why does it matter to 'law and organising'?
3	What is 'organising' in 'law and organising'?
4	How is 'participation' relevant in law and organising?	Assessment Task 1 due: Sunday, 4 October 2020
5	What are the challenges of collective or collaborative action?
6	Regarding 'law and organising', what choices do lawyers have?	Assessment Task 2 due during Week 6 - 7 see Assessment Task for more information
7	How are ethical dimensions, values and risks relevant?	Assessment Task 2 due during Week 6 - 7 see Assessment Task for more information
8	Does 'law and organising' mean advancing 'rights'?
9	Do 'resources' limit law and organising?
10	In relation to 'law and organising', what is 'success'?	Assessment Task 3 due: Sunday, 15 November 2020
11
12	Final Assessment Preparation	Assessment Task 4 due: Sunday, 29 November 2020

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Forum posts (10%)	10 %	04/10/2020	12/10/2020	1,2,3,4,5
Class presentation (online) (20%)	20 %	25/10/2020	02/11/2020	1,2,3,4,5
Forum posts (30%)	30 %	15/11/2020	26/11/2020	1,2,3,4,5
Research essay, advice or submission (40%)	40 %	29/11/2020	14/12/2020	1,2,3,4,5,6

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Integrity . In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

You must complete & submit ALL assessment tasks in order to pass this course

Check Wattle announcements and forum discussions as well as your ANU email at least every 24-48 hours.

All email correspondence from the ANU will be sent to your ANU email address.

At the end of the day, it is your responsibility to ensure you are actively committed and involved in this course.

The course will be conducted in the following time zones (Canberra time). 

• Australian Eastern Standard Time (AEST): from 5 April 2020 to 3 October 2020. 
• Australian Eastern Daylight Time (AEDT): from 4 October 2019 to 4 April 2021.

Please make appropriate adjustments if you are located in a different time zone.

Assessment Task 1

Forum posts (10%)

Format: Short professional discussion posts

Description: There are 2 forum discussion topics that form part of this assessment.

• Students must make a substantive posting to 6 of the 10 discussion topics across Assessment 1 and 3, engaging with both the law and the organising dimensions.
• Each substantive posting is 300-400 words.
• Each student chooses their substantive posts for grading (maximum of one included for each weekly topic) from Weeks 1 to 4.
• The student provides these posts (labelled by week) together in a word document which they lodge via the Wattle assignment drop box at the end of Week 4 for a total of 10 marks.

Grade: 5 marks for each post for a total of 10 marks

Submission Date: Sunday, 4 October 2020 11.59 pm (AEDT)

Length: 300-400 words per post.

Estimated Date of Results: Monday, 12 October 2020

Assessment Criteria:

Analysis of the Issues

•  critical analysis and discussion of the key points, issues and policy
• evidence of consideration of the research materials drawn on
• Information analysed and applied, not just summarised or quoted extensively

Communication & Development of Argument

• clear language appropriate for the medium
• arguments, ideas and solutions are logical, well-organised and linked coherently

Argument/Analysis

• originality of ideas and analysis of the material
• consideration of opposing arguments
• well-reasoned and practical conclusion / recommendations

Research

• evidence of relevant research
• good organisation of sources and ability to synthesise the research materials used
• use of theoretical and practical material as appropriate

Presentation, style and referencing

• structured contribution with appropriate headings and paragraphs
• clear expression, interesting and engaging of reader
• appropriate terminology and correct grammar, syntax and spelling
• full and accurate references where appropriate
• style according to the Australian Guide to Legal Citation
• adherence to specified word limit

Assessment Task 2

Class presentation (online) (20%)

Description: Each student:

• Develops an A3 poster (electronic) for the presentation and lodges this in advance via a Wattle Turnitin drop box assignment drop box
• Shares their poster with the group for their presentation
• Presents for 5-10 minutes with reference to their poster and facilitates discussion and summarises the key themes at the end of the discussion (about 20 minutes in total per student)

Grade: 20% consisting of 10% for the poster and 10% for the presentation and discussion

Approval of Topic: Students choose their own topics applying the following criteria:

• Topics should focus on critical analysis and conceptualisation of dilemmas in law and organising, and
• Use case examples

Submission Date: Due during weeks 6 and 7 - Monday, 12 October 2020 to Sunday, 25 October 2020 - with the final day of completion Sunday, 25 October 2020.

Length: Max 200 words on the poster.

Estimated Date of Results: Monday, 2 November 2020

Assessment Criteria:

Preparation and understanding of the material

• consulting and reading pre-assigned materials in advance of the lectures/seminars
• linking material between various aspects of the class and different lectures
• consulting literature identified in the reading and class summary

Thinking critically about the material

• looking at questions from different angles
• questioning assumptions

Presentation of material to class

• expressing ideas clearly
• use of appropriate language
• use of relevant aids, i.e. poster

Engagement with the Class

• responding to questions from fellow students and instructors
• treating all members of the class respectfully
• maintaining class interest

Assessment Task 3

Forum posts (30%)

Format: Short professional discussion posts

Description: There are 4 forum discussion topics that form part of this assessment.

• Students must make a substantive posting to 6 of the 10 discussion topics across Assessment 1 and 3, engaging with both the law and the organising dimensions.
• Each substantive posting is 300-400 words.
• Each student chooses their substantive posts for grading (maximum of one included for each weekly topic) from Weeks 5 to 10.
• The student provides these posts (labelled by week) together in a word document which they lodge via the Wattle assignment drop boxat the end of Week 4 for a total of 10 marks.

Grade: 7.5 marks for each post for a total of 30 marks

Submission Date: Sunday, 15 November 2020 11.59 pm (AEDT)

Length: 300-400 words per post.

Estimated Date of Results: Thursday, 26 November 2020

Assessment Criteria:

Analysis of the Issues

• critical analysis and discussion of the key points, issues and policy
• evidence of consideration of the research materials drawn on
• Information analysed and applied, not just summarised or quoted extensively

Communication & Development of Argument

• clear language appropriate for the medium
• arguments, ideas and solutions are logical, well-organised and linked coherently

Argument/Analysis

• originality of ideas and analysis of the material
• consideration of opposing arguments
• well-reasoned and practical conclusion / recommendations

Research

• evidence of relevant research
• good organisation of sources and ability to synthesise the research materials used
• use of theoretical and practical material as appropriate

Presentation, style and referencing

• structured contribution with appropriate headings and paragraphs
• clear expression, interesting and engaging of reader
• appropriate terminology and correct grammar, syntax and spelling
• full and accurate references where appropriate
• style according to the Australian Guide to Legal Citation
• adherence to specified word limit

Assessment Task 4

Research essay, advice or submission (40%)

Format: Research essay, advice or submission

Description:

• Students choose to complete a research essay, an advice, or a submission incorporating or relating to aspects of law and organising
• The three options correspond with three substantial pieces of research and writing involving law, which may arise in particular efforts relating to law and organising. The essay can be likened to a journal article, the advice to a background paper or a legal advice and the submission is a written submission to an inquiry process on behalf of particular stakeholders.

Approval of Topic: Students should develop their proposed topic for approval by the Course Convenor by Saturday, 31 October 2020, having regard to the following suggestions: 

• For the research essay, students might choose to analyse an effort involving law and organising in the light of themes, concepts or issues raised in the course or to analyse and suggest refinements to certain concepts in the light of analysis of one or more case studies.
• An advice could be an analysis to assist and address the needs of a particular stakeholder, drawing on themes, concepts or issues raised during the course.
• A submission could relate to a current or other issue, and to a real or imagined inquiry or be directed to attempting to bring particular issues onto the agenda. Submissions might be addressed to a parliamentary inquiry, a minister or high level functionary, a representative body, a business, NGO etc. Submissions should also draw on themes, concepts or issues developed during the course.

Submission Date: Sunday, 29 November 2020 11.59pm (AEST)

Length: 3200 words

Estimated Date of Results: Monday, 14 December 2020

Assessment Criteria for Research Essays/ Papers:

Understanding of the Issues

• addresses the question and covers all the important points
• evidence of close consideration of the question and the research materials drawn on
• issues raised by the topic are clearly and concisely identified
• material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively

Communication & Development of Argument

• clear theme or argument
• arguments logical and well-organised
• ideas/paragraphs linked coherently

Argument/Analysis

• originality of ideas and critical analysis of the material
• complexity and insight in dealing with theory/ideas
• suggestions for change where appropriate
• interdisciplinary perspective where appropriate
• addressing opposing arguments
• well-reasoned conclusions

Research

• research covering primary and secondary materials
• good organisation of sources and ability to synthesise all the research materials used
• use of theoretical material where appropriate
• range of research sources
• integration of material from research resources into the essay

Presentation, style and referencing

• good use of structure, section headings and paragraphs
• clarity and conciseness of expression, interesting and engaging of reader
• use of appropriate terminology and correct grammar, syntax and spelling
• full and accurate footnotes together with a bibliography
• style according to the Australian Guide to Legal Citation
• adherence to word limit

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to be familiar with the academic integrity principle and Academic Misconduct Rule, uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with.

The Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

Online Submission

Forum Posts:

• For your forum posts due to be lodged for assessment at the end of Week 4:
• Select your posts for assessment from posts you made to the forum for week 1, 2, 3 or 4.
• Place your selected posts into one word document and lodge this by the due date via the Wattle Turnitin drop box.
• For your forum posts due to be lodged for assessment at the end of Week 10:
• Select your posts for assessment from posts you made to the forum for week 5 to 10 inclusive.
• Place your selected posts into one word document and lodge this by the due date via the Wattle Turnitin drop box.

Class Presentation:

• Lodge your poster before your presentation time via the Wattle Turnitin drop box
• Then make a copy available before your presentation session to the other participants for that session

Research Essay, Advice or Submission

• Lodge via the Wattle Turnitin drop box

Please read the instruction for each assessment carefully.

Where assessments are to be submitted using Turnitin in the course Wattle site, you will be required to electronically sign a declaration as part of the submission of your assessment.

Where assessments are to be submitted using Wattle dropbox in the course Wattle site, you will be required to electronically sign a declaration, by tick boxes, as part of the submission of your assessment. If you fail to do this, you assessment will be recorded as a draft only. This may affect its acceptance as a submitted assessment.

Please keep a copy of all your assessments for your records.

Assessments must be submitted in the format identified in the assessment instructions, for example, in accordance with relevant court or tribunal requirements; usual contract or will formats or advice format.

Research essays, reflective comments or similar documents must be submitted in 12-point font, double-spaced, formatted for A4-size paper, and with pages numbered. 

Hardcopy Submission

No hard copy submission will be accepted in this class.

Late Submission

Policy regarding late submission is detailed below:

• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.
• Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties  

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Returning Assignments

Your written work will receive feedback and grading via the course Wattle site under the corresponding assessment drop box. Assessment results are typically available between 1-4 weeks after the due date via the same dropbox your assessments were submitted to. The Convenor will post announcements about when you can expect your assessment results.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Resubmission of Assignments

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students