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Legal Dissertation: Research and Writing Guide

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About This Page

Choosing a topic can be one of the most challenging aspects of writing an extensive paper. This page has resources to help you find topics and inspiration, before you get started on the in-depth research process.

Related Guides

Citation and Writing Resources

Legal Research Tutorials

Secondary Sources for Legal Research

Methods of Finding Cases

Methods of Finding Statutes

Current Awareness and Alerting Resources

Compiling State Legislative Histories

Locating International and Foreign Law Journals

This guide contains resources to help students researching and writing a legal dissertation or other upper-level writing project. Some of the resources in this guide are directed at researching and writing in general, not specifically on legal topics, but the strategies and tips can still be applied.

The Law Library maintains a number of other guides on related skills and topics that may be of interest:

The Wells Library also maintains guides. A few that may be helpful for managing research can be found here:

Choosing a Topic

This video discusses tips and strategies for choosing a dissertation topic.

Note: this video is not specific to legal dissertation topics, but it may still be of interest as an overview generally.

The Bloomberg/BNA publication United States Law Week can be a helpful resource for tracking down the major legal stories of the day.  Log into Bloomberg Law, in the big search box, start typing United States Law Week and the title will appear in the drop down menu beneath the box. This publication provides coverage of top legal news stories, and in-depth "insight" features.

If you have a general idea of the area of law you wish to write about, check out the Practice Centers on Bloomberg. From the homepage, click the Browse link in the top left-hand corner. Then select Practice Centers and look for your area of law. Practice Centers are helpful because they gather cases, statutes, administrative proceedings, news, and more on the selected legal area.

Bloomberg has other news sources available as well. From the homepage, click the Browse link in the top left-hand corner. Then select News and Analysis, then select News or Analysis, and browse the available topics.

If you know what area of law you'd like to write about, you may find the Browse Topics feature in Lexis Advance helpful for narrowing down your topic. 

Log into Lexis Advance, click the Browse Topics tab, and select a topic.  If you don't see your topic listed, try using the provided search bar to see whether your topic is categorized as a sub-topic within this list. 

Once you click on a topic, a box pops up with several options.  If you click on Get Topic Document, you'll see results listed in a number of categories, including Cases, Legislation, and more.  The News and Legal News categories at the right end of the list may help you identify current developments of interest for your note.  Don't forget about the filtering options on the left that will allow you to search within your results, narrow your jurisdiction, and more.

Similar to Lexis Advance, Westlaw Edge has a Topics tab that may be helpful if you know what area of law you'd like to write about.

Log onto Westlaw Edge, and click on the Topics tab.  This time, you won't be able to search within this list, so if you're area is not listed, you should either run a regular search from the main search bar at the top or try out some of the topics listed under this tab - once you click on a topic, you can search within its contents.

What is great about the Topics in Westlaw Edge is the Practitioner Insights page you access by clicking on a topic.  This is an information portal that allows you quick access to cases, legislation, top news, and more on your selected topic.

In United States federal courts, a circuit split occurs whenever two or more circuit courts of appeals issue conflicting rulings on the same legal question. Circuit splits are ripe for legal analysis and commentary because they present a situation in which federal law is being applied in different ways in different parts of the country, even if the underlying litigants themselves are otherwise similarly situated. The Supreme Court also frequently accepts cases on appeal that involve these types of conflicted rulings from various sister circuits.

To find a circuit split on a topic of interest to you, try searching on Lexis and Westlaw using this method:

in the search box, enter the following: (circuit or court w/s split) AND [insert terms or phrases to narrow the search]

You can also browse for circuit splits on Bloomberg. On the Bloomberg homepage, in the "Law School Success" box, Circuit Splits Charts appear listed under Secondary Sources.

Other sources for circuit splits are American Law Reports (ALR) and American Jurisprudence (AmJur). These publications provide summaries of the law, point out circuit splits, and provide references for further research.

"Blawgs" or law-related blogs are often written by scholars or practitioners in the legal field.  Ordinarily covering current events and developments in law, these posts can provide inspiration for note topics.  To help you find blawgs on a specific topic, consider perusing the ABA's Blawg Directory or Justia's Blawg Search .

Research Methodology

Types of research methodologies.

There are different types of research methodologies. Methodology refers to the strategy employed in conducting research. The following methodologies are some of the most commonly used in legal and social science research.

Doctrinal legal research methodology, also called "black letter" methodology, focuses on the letter of the law rather than the law in action. Using this method, a researcher composes a descriptive and detailed analysis of legal rules found in primary sources (cases, statutes, or regulations). The purpose of this method is to gather, organize, and describe the law; provide commentary on the sources used; then, identify and describe the underlying theme or system and how each source of law is connected.

Doctrinal methodology is good for areas of law that are largely black letter law, such as contract or property law. Under this approach, the researcher conducts a critical, qualitative analysis of legal materials to support a hypothesis. The researcher must identify specific legal rules, then discuss the legal meaning of the rule, its underlying principles, and decision-making under the rule (whether cases interpreting the rule fit together in a coherent system or not). The researcher must also identify ambiguities and criticisms of the law, and offer solutions. Sources of data in doctrinal research include the rule itself, cases generated under the rule, legislative history where applicable, and commentaries and literature on the rule.

This approach is beneficial by providing a solid structure for crafting a thesis, organizing the paper, and enabling a thorough definition and explanation of the rule. The drawbacks of this approach are that it may be too formalistic, and may lead to oversimplifying the legal doctrine.

Comparative

Comparative legal research methodology involves critical analysis of different bodies of law to examine how the outcome of a legal issue could be different under each set of laws. Comparisons could be made between different jurisdictions, such as comparing analysis of a legal issue under American law and the laws of another country, or researchers may conduct historical comparisons.

When using a comparative approach be sure to define the reasons for choosing this approach, and identify the benefits of comparing laws from different jurisdictions or time periods, such as finding common ground or determining best practices and solutions. The comparative method can be used by a researcher to better understand their home jurisdiction by analyzing how other jurisdictions handle the same issue. This method can also be used as a critical analytical tool to distinguish particular features of a law. The drawback of this method is that it can be difficult to find material from other jurisdictions. Also, researchers should be sure that the comparisons are relevant to the thesis and not just used for description.

This type of research uses data analysis to study legal systems. A detailed guide on empirical methods can be found here . The process of empirical research involves four steps: design the project, collect and code the data, analyze the data, determine best method of presenting the results. The first step, designing the project, is when researchers define their hypothesis and concepts in concrete terms that can be observed. Next, researchers must collect and code the data by determining the possible sources of information and available collection methods, and then putting the data into a format that can be analyzed. When researchers analyze the data, they are comparing the data to their hypothesis. If the overlap between the two is significant, then their hypothesis is confirmed, but if there is little to no overlap, then their hypothesis is incorrect. Analysis involves summarizing the data and drawing inferences. There are two types of statistical inference in empirical research, descriptive and causal. Descriptive inference is close to summary, but the researcher uses the known data from the sample to draw conclusions about the whole population. Causal inference is the difference between two descriptive inferences.

Two main types of empirical legal research are qualitative and quantitative.

Quantitative, or numerical, empirical legal research involves taking information about cases and courts, translating that information into numbers, and then analyzing those numbers with statistical tools.

Qualitative, or non-numerical, empirical legal research involves extracting  information from the text of court documents, then interpreting and organizing the text into categories, and using that information to identify patterns.

Drafting The Methodology Section

This is the part of your paper that describes the research methodology, or methodologies if you used more than one. This section will contain a detailed description of how the research was conducted and why it was conducted in that way. First, draft an outline of what you must include in this section and gather the information needed.

Generally, a methodology section will contain the following:

• Statement of research objectives
• Reasons for the research methodology used
• Description and rationale of the data collection tools, sampling techniques, and data sources used, including a description of how the data collection tools were administered
• Discussion of the limitations
• Discussion of the data analysis tools used

Be sure that you have clearly defined the reasoning behind the chosen methodology and sources.

• Legal Reasoning, Research, and Writing for International Graduate Students Nadia E. Nedzel Aspen (2004) A guide to American legal research and the federal system, written for international students. Includes information on the research process, and tips for writing. Located in the Law Library, 3rd Floor: KF 240 .N43 2004.
• Methodologies of Legal Research: Which Kind of Method for What Kind of Discipline? Mark van Hoecke Oxford (2013) This book examines different methods of legal research including doctrinal, comparative, and interdisciplinary. Located at Lilly Law Library, Indianapolis, 2nd Floor: K 235 .M476 2013. IU students may request item via IUCAT.
• An Introduction to Empirical Legal Research Lee Epstein and Andrew D. Martin Oxford University Press (2014) This book includes information on designing research, collecting and coding data, analyzing data, and drafting the final paper. Located at Lilly Law Library, Indianapolis, 2nd Floor: K 85 .E678 2014. IU students may request item via IUCAT.
• Emplirical Legal Studies Blog The ELS blog was created by several law professors, and focuses on using empirical methods in legal research, theory, and scholarship. Search or browse the blog to find entries on methodology, data sources, software, and other tips and techniques.

Literature Review

The literature review provides an examination of existing pieces of research, and serves as a foundation for further research. It allows the researcher to critically evaluate existing scholarship and research practices, and puts the new thesis in context. When conducting a literature review, one should consider the following: who are the leading scholars in the subject area; what has been published on the subject; what factors or subtopics have these scholars identified as important for further examination; what research methods have others used; what were the pros and cons of using those methods; what other theories have been explored.

The literature review should include a description of coverage. The researcher should describe what material was selected and why, and how those selections are relevant to the thesis. Discuss what has been written on the topic and where the thesis fits in the context of existing scholarship. The researcher should evaluate the sources and methodologies used by other researchers, and describe how the thesis different.

The following video gives an overview of conducting a literature review.

Note: this video is not specific to legal literature, however it may be helpful as a general overview.

Not sure where to start? Here are a few suggestions for digging into sources once you have selected a topic.

Research Guides

Research guides are discovery tools, or gateways of information. They pull together lists of sources on a topic. Some guides even offer brief overviews and additional research steps specifically for that topic. Many law libraries offer guides on a variety of subjects. You can locate guides by visiting library websites, such as this Library's site , the Law Library of Congress , or other schools like Georgetown . Some organizations also compile research guides, such as the American Society of International Law . Utilizing a research guide on your topic to generate an introductory source list can save you valuable time.

Secondary Sources

It is often a good idea to begin research with secondary sources. These resources summarize, explain, and analyze the law. They also provide references to primary sources and other secondary sources. This saves you time and effort, and can help you quickly identify major themes under your topic and help you place your thesis in context.

Encyclopedias provide broad coverage of all areas of the law, but do not go in-depth on narrow topics, or discuss differences by jurisdiction, or  include all of the pertinent cases. American Jurisprudence ( AmJur ) and Corpus Juris Secundum ( CJS ) have nationwide coverage, while the Indiana Law Encyclopedia focuses on Indiana state law. A number of other states also have their own state-specific encyclopedias.

American Law Reports ( ALR ) are annotations that synopsize various cases on narrow legal topics. Each annotation covers a different topic, and provides a leading or typical case on the topic, plus cases from different jurisdictions that follow different rules, or cases where different facts applying the same rule led to different outcomes. The annotations also refer to other secondary sources.  

Legal periodicals include several different types of publications such as law reviews from academic institutions or organizations, bar journals, and commercial journals/newspapers/newsletters. Legal periodicals feature articles that describe the current state of the law and often explore underlying policies. They also critique laws, court decisions, and policies, and often advocate for changes. Articles also discuss emerging issues and notify the profession of new developments. Law reviews can be useful for in-depth coverage on narrow topics, and references to primary and other secondary sources. However, content can become outdated and researchers must be mindful of biases in articles. 

Treatises/Hornbooks/Practice Guides are a type of secondary source that provides comprehensive coverage of a legal subject. It could be broad, such as a treatise covering all of contract law, or very narrow such as a treatise focused only on search and seizure cases. These sources are good when you have some general background on the topic, but you need more in-depth coverage of the legal rules and policies. Treatises are generally well organized, and provide you with finding aids (index, table of contents, etc.) and extensive footnotes or endnotes that will lead you to primary sources like cases, statutes, and regulations. They may also include appendices with supporting material like forms. However, treatises may not be updated as frequently as other sources and may not cover your specific issue or jurisdiction.

Citation and Writing Style

• Legal Writing in Plain English Bryan A. Garner University of Chicago Press, 2001. Call # KF 250 .G373 2001 Location: Law Library, 3rd Floor Provides lawyers, judges, paralegals, law students, and legal scholars with sound advice and practical tools for improving their written work. The leading guide to clear writing in the field, this book offers valuable insights into the writing process: how to organize ideas, create and refine prose, and improve editing skills. This guide uses real-life writing samples that Garner has gathered through decades of teaching experience. Includes sets of basic, intermediate, and advanced exercises in each section.
• The Elements of Legal Style Bryan A. Garner Oxford University Press, 2002. Call # KF 250 .G37 2002 Location: Law Library, 1st Floor, Reference This book explains the full range of what legal writers need to know: mechanics, word choice, structure, and rhetoric, as well as all the special conventions that legal writers should follow in using headings, defined terms, quotations, and many other devices. Garner also provides examples from highly regarded legal writers, including Oliver Wendell Holmes, Clarence Darrow, Frank Easterbrook, and Antonin Scalia.
• Grammarly Blog Blog featuring helpful information about quirks of the English language, for example when to use "affect" or "effect" and other tips. Use the search feature to locate an article relevant to your grammar query.
• Plain English for Lawyers Richard C. Wydick Carolina Academic Press, 2005. Call # KF 250 .W9 2005 Location: Law Library, 3rd Floor Award-winning book that contains guidance to improve the writing of lawyers and law students and to promote the modern trend toward a clear, plain style of legal writing. Includes exercises at the end of each chapter.
• The Chicago Manual of Style University of Chicago Press, 2010. Call # Z 253 .U69 2010 Location: Law Library, 2nd Floor While not addressing legal writing specifically, The Chicago Manual of Style is one of the most widely used and respected style guides in the United States. It focuses on American English and deals with aspects of editorial practice, including grammar and usage, as well as document preparation and formatting.
• The Chicago Manual of Style (Online) Bryan A. Garner and William S. Strong The University of Chicago Press, 2017. Online edition: use the link above to view record in IUCAT, then click the Access link (for IU students only).
• The Bluebook Compiled by the editors of the Columbia Law Review, the Harvard Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal. Harvard Law Review Association, 2015. Call # KF245 .B58 2015 Location: Law Library, 1st Floor, Circulation Desk The Bluebook: A Uniform System of Citation is a style guide that prescribes the most widely used legal citation system in the United States. The Bluebook is taught and used at a majority of U.S. law schools, law reviews and journals, and used in a majority of U.S. federal courts.
• User's Guide to the Bluebook Alan L. Dworsky William S. Hein & Co., Inc., 2015. Call # KF 245 .D853 2015 Location: Law Library, Circulation Desk "This User's Guide is written for practitioners (law students, law clerks, lawyers, legal secretaries and paralegals), and is designed to make the task of mastering citation form as easy and painless as possible. To help alleviate the obstacles faced when using proper citation form, this text is set up as a how-to manual with a step-by-step approach to learning the basic skills of citation and includes the numbers of the relevant Bluebook rules under most chapter subheadings for easy reference when more information is needed"--Provided by the publisher.
• Legal Citation in a Nutshell Larry L. Teply West Academic Publishing, 2016. Call # KF 245 .T47 2016 Location: Law Library, 1st Floor, Circulation Desk This book is designed to ease the task of learning legal citation. It initially focuses on conventions that underlie all accepted forms and systems of legal citation. Building on that understanding and an explanation of the “process” of using citations in legal writing, the book then discusses and illustrates the basic rules.
• Introduction to Basic Legal Citation (Online) Peter W. Martin Cornell Legal Information Institute, 2017. Free online resource. Includes a thorough review of the relevant rules of appellate practice of federal and state courts. It takes account of the latest edition of The Bluebook, published in 2015, and provides a correlation table between this free online citation guide and the Bluebook.
• Last Updated: Oct 24, 2019 11:00 AM
• URL: https://law.indiana.libguides.com/dissertationguide

How to Write a First Class Law Dissertation – Complete Guide

• November 18, 2010

“Protection of the Right to a Fair Trial and Civil Jurisdiction: Permitting Delay, Restricting Access and Recognising Incompatible Judgments”.

Below is my honours law dissertation together with tips and a very special video from an ex-Cambridge professor at the end. Enjoy!

And if you have any legal blog posts you’d like to share (whether after you have submitted your dissertation or before), please get in touch – our goal is to help share great legal information online to improve legal understanding and access to justice around the world.

And see also our lists of The Best Law Schools in the World and  Top 10 Law Schools in the UK that aspiring law students may find of interest.

How to write a first class legal dissertation: Content and Structure

Three tips can be suggested to get you started on the right foot:

First, research the subject in which you are most interested in writing about for your dissertation, then choose a sufficiently narrow angle to approach the subject or choose something that hasn’t been discussed much before.

Second, collect, or print out or photocopy all relevant materials which discuss that narrow subject.

Third, plan rough headings for sub-topics within the main subject. While the contents below were finalised towards the end of the writing process, the rough structure was formulated at an early point in the writing process. This is how many academics write their books: they provide themselves with lots of headings and subheadings, then chip away at the work, bit by bit until complete.

Examples contents for “Protection of the Right to a Fair Trial and Civil Jurisdiction: Permitting Delay, Restricting Access and Recognising Incompatible Judgments” are as follows:-

1. INTRODUCTION

2. ARTICLE 6: THE RIGHT TO A FAIR TRIAL

2.1. Substantive Elements 2.2. Procedural Operation: Direct and Indirect Effect 2.3. The Human Rights Act 1998

3. REASONABLE TIME

3.1. Introduction 3.2. Framework under Article 6 3.3. Conflict with Lis Pendens: Erich Gasser 3.3.1. Delay in the Italian Court 3.3.2. A Clash of Treaties 3.3.3. Future Application 3.4. Conflict with Forum non Conveniens 3.4.1. General Operation 3.4.2. First Limb of Spiliada 3.4.3. Second Limb of Spiliada 3.5. Conclusions

4. ACCESS TO A COURT

4.1. Operation in Article 6 4.2. Anti-Suit Injunctions 4.3. Exclusive Jurisdiction Agreements and Waiving Convention Rights 4.4. Limitations on Jurisdiction 4.5. Conflict with Forum non Conveniens 4.6. Owusu v Jackson 4.7. Conclusions

5. RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS

5.1. Recognition of Contracting State Judgments 5.2. Recognition of Non-Contracting State Judgments 5.2.1. European Court of Human Rights 5.2.2. House of Lords 5.4. Conclusions

6. CONCLUSIONS

7. BIBILIOGRAPHY

7.1. Table of Cases 7.2. Table of Legislation 7.3. Table of Conventions 7.4. Textbooks 7.5. Articles

Writing your introduction

Together with the conclusion, the introduction is one of the most significant pieces of a dissertation that you have to get right. A well-written introduction can make all the difference between a first class and an upper second.

If you take just one thing away from this series of posts, it is this. You can develop a better stream of communication with your reader, forming a better relationship, if you tell them what you are going to say (introduction), say it (main body), then tell them what you have said (conclusion).

So, to the introduction, set the scene as fast as possible then tell the reader what you are going to say, but don’t be so amateurish as to write “I am going to discuss X, Y and Z”. Be more indirect. Suggest, for instance, that there are problems with the law that need to be resolved.

1. INTRODUCTION Long since inevitable initial encounters, human rights concerns, particularly regarding the right to a fair trial under Article 6 of the European Convention of Human Rights (ECHR), have been accelerating in today’s civil jurisdiction and judgments arena in the United Kingdom, a notable consequence of the passing of the Human Rights Act (HRA) 1998. More than six years from the Act’s coming into force, it is now imperative to reach conclusions which reflect the “importance attaching in today’s world and in current international thinking and jurisprudence to the recognition and effective enforcement of individual human rights,” as Mance LJ (as he then was) has noted. This necessity is reflected in the recent extensive consideration of the right to a fair trial in key works of some of the most authoritative conflict lawyers in the United Kingdom, including Sir Lawrence Collins, Professor Adrian Briggs and, most significantly, Professor James Fawcett. Methods of protecting the right to a fair trial and thus of avoiding a breach of Article 6 are irrelevant to the European Court of Human Rights (ECtHR); the Court is not concerned with reviewing under the Convention in abstracto the law complained of, but rather the application of that law. There is therefore a large amount of discretion afforded to the courts regarding techniques to avoid infringement of the Convention. In the context of civil jurisdiction and judgments, various methods of avoiding infringement, or indeed enabling protection, of the right to a fair trial exist. However, the extent to which these have been used in practice, both by the UK courts and the ECJ, has been limited, a result of various factors, the most striking of which being the wrongful application of the ECHR and even the conscious decision to ignore it. Before analysing specific fair trial concerns in detail, it is necessary to examine the general structure and operation of Article 6 as it applies to civil jurisdiction and judgments.

Chapter 1: Setting the scene

Depending on the nature of your dissertation, you may need to set the scene further. In a legal dissertation, by “scene” is meant the bits of law that are relevant to set up key arguments in the main body of the dissertation. With this example dissertation, the target readership was, for various reasons, international private law experts. Because human rights law was a key part of the debate, the relevant law had to be set out in such detail that the chapters following it could discuss, for instance, the right to a fair trial and the doctrines of direct and indirect effect without any need for constant repetitive explanation.

2. ARTICLE 6: THE RIGHT TO A FAIR TRIAL 2.1. Substantive Elements Article 6(1) ECHR provides inter alia that “[i]n the determination of his civil rights and obligations…everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law….” The ECtHR has reverberated that “the right to a fair administration of justice holds such a prominent place” that Article 6 should not be interpreted restrictively. Instead, the seemingly distinct provisions of Article 6 are not discrete, but are “rights which are distinct but stem from the same basic idea and which, taken together, make up a single right not specifically defined in the narrower sense of the term.” This single right is the title of Article 6: the “right to a fair trial.” This right comprises two particularly significant elements important in the context of civil jurisdiction and judgments. First, the right to a trial within a reasonable time. Expressly stated in Article 6(1), this right may be pertinent where proceedings are stayed in favour of a foreign court. Second, access to a court, an inherent element of Article 6(1). This may have relevance where access is denied to the UK courts through, for example, staying proceedings, or restraining foreign proceedings. 2.2 Procedural Operation: Direct and Indirect Effect Article 6 can operate through a number of mechanisms in the civil jurisdiction and judgments context, which must be distinguished for analytical purposes. First, through direct effect, where there is direct protection of a party’s right to a fair trial in the domestic courts themselves. Such protection is strong and somewhat easier to obtain because there is no test for the seriousness of the breach. Such infringement may occur through a refusal of access to the UK courts, which refusal may emanate from, inter alia, an exclusion of jurisdiction or stay of proceedings. Second, through indirect effect, where a person is transferred to another country where his right to a fair trial may be infringed in that country. In Soering v United Kingdom the ECtHR emphasised that it was for Member States to secure Convention rights of persons within their jurisdiction, but that this obligation did not extend to non-Contracting States, nor should it seek to impose ECHR standards on such States. Thus, for example, in respect of deportation of a person to the United States of America from England, there may be an indirect breach of Article 6, but only where the transfer creates or risks creating a flagrant breach of the claimant’s right to a fair trial in that other country. In presenting an argument for the creation of such risk, it is axiomatic that a strong compilation of evidence is essential, with reference to the circumstances of both the case and proceedings of the court in question. The difficulty with such an argument in the civil jurisdiction sphere is that stays of proceedings concern transfers of actions abroad, not persons. Notwithstanding, arguments for the application of the indirect effect doctrine in this context are still applicable because the situations are “essentially the same.” Indeed, it could be argued that staying proceedings amounts to a transfer of persons through effective compulsion. Nevertheless, no authority exists for this argument and indeed the indirect effect doctrine itself has not been successfully relied upon in an Article 6 context before the (former) Commission or ECtHR. Third, through indirect effect where enforcement in a Contracting State of a judgment from a foreign State, whether Contracting or non-Contracting, would breach Article 6 because that judgment itself breached Article 6 standards. It has been stated that such a breach by the foreign court must also be a flagrant one. However, the reasoning underlying this proposition is unclear and, as with many matters in the civil jurisdiction and judgments sphere, there are concerns as to the extent to which the right to a fair trial can be upheld in this respect. 2.3 The Human Rights Act 1998 The Convention rights, including Article 6, now have the force of law in the United Kingdom under the HRA 1998. The Act places two initial express duties on the UK courts: first, the duty to read and give effect to primary and subordinate legislation in a way compatible with the Convention rights, if possible; second, the duty to take into account inter alia any previous judgment of the ECtHR in determining proceedings which have a Convention right element, insofar as it has relevance to those proceedings. Moreover, under Section 6(1) of the HRA 1998, it is unlawful for a public authority, including a court, to act in a way incompatible with a Convention right. This is a significant duty on the courts, which indeed sparked considerable academic debate as to the Act’s impact on private commercial disputes. Thus, the courts have a duty to interpret and apply the common law or any exercise of discretion compatibly with the right to a fair trial under Article 6. Ultimately, this may amount to a positive duty to develop the common law, extending beyond mere interpretation of the common law to conform to the Convention principles. Notwithstanding this rather stringent theoretical framework for the courts upholding the right to a fair trial, there has been a lack of consistency in its practical impact in the field of civil jurisdiction and judgments. Endnotes *Converting c300 footnotes on a Microsoft Word document to a WordPress post is not feasible for this blawgger. They are, therefore, pasted below as endnotes. The full dissertation is available in the Juridical Review, vol 1 of 2008 pp15-31 Delcourt v Belgium (1979-80) 1 EHRR 355, at [25]; indeed, the principles of due process and the rule of law are fundamental to the protection of human rights (Clayton and Tomlinson: 2000, p550,) just as a fair trial is a fundamental element of the rule of law (Ovey and White: 2002, p139.) Golder v. United Kingdom [1975] ECHR 1, at [28]. Ibid., at [36]. Such cases can be labelled “domestic” ones: Government of the United States of America v Montgomery (No 2) [2004] UKHL 37, at [15], per Lord Bingham. R (Razgar) v Special Adjudicator [2004] AC 368, at [42]. Soering v United Kingdom (1989) 11 EHRR 439. Ibid., at [113]; this test has been followed subsequently: e.g. Einhorn v France (no.71555/01, 16 October 2001) at [32], Tomic v United Kingdom (no.17837/03, 14 October 2003) at [3]. Fawcett; 2007, p4. Ibid. Montgomery (n12); Drozd and Janousek v France and Spain (1992) 14 EHRR 745, p795; cf. Pellegrini v Italy [2001] ECHR 480. HRA 1998, s3(1). Ibid., s2(1)(a); such previous decisions are not binding; notwithstanding, as Lord Slynn observed in R (Alconbury Developments Ltd) v Secretary of State for the Environment [2001] 2 WLR 1389 at [26]: “[i]n the absence of some special circumstances it seems to me that the court should follow any clear and constant jurisprudence of the [ECtHR].” Ibid., s6(3)(a). Wade: 2000; Lester and Pannick: 2000. Such discretion should be “exercised with great caution and with close regard to the overall fairness of the proceedings”: R v Jones [2003] AC 1, at [6], per Lord Bingham. HL Deb vol.583, p783 (24 November 1997); Grosz, Beatson and Duffy: 2000, para.4.56; cf.. Derbyshire CC v Times Newspapers Ltd [1992] QB 770. Grosz, Beatson and Duffy: 2000, para.4.59.

Main Body Part 1

Next follows the first main chunk discussing and debating the title of the dissertation. To maintain structure, even this sub-section of the dissertation has its own introduction, some degree of scene-setting with Art 6 in the particular context of the chapter, argument through various levels and conclusions.

3. REASONABLE TIME 3.1. Introduction It has been stated that “excessive delays in the administration of justice constitute an important danger, in particular for the respect of the rule of law” and for the legal certainty of citizens. This importance is reflected in the express protection of the reasonable time requirement in Article 6. There have been recent challenges in the civil jurisdiction context on this ground, the most significant of which being raised in Erich Gasser GmbH v Misat Srl, concerning conflict with lis pendens. A further instance, the common law doctrine of forum non conveniens has been suggested to be so incompatible, which would therefore have implications for the doctrine in its now very limited common law habitat. 3.2. Framework under Article 6 In civil cases, time starts to run when the proceedings are instituted and stops when legal uncertainty has been removed, which normally requires that the final appeal decision has been made or the time for making an appeal has expired. It is generally accepted that the correct approach is to decide whether the overall delay is prima facie “unreasonable” for the type of proceedings concerned and thereafter consider whether the State is able to justify each period of delay. In assessing such justification, the limited guidelines indicate that all the circumstances will be considered, with particular regard to the complexity of the case and the conduct of the applicant and judicial authorities in addition to the behaviour of other parties to the case and what is at stake in the litigation for the applicant. Generally, where proceedings are stayed, there are three stages which must be distinguished for determining delay. First, the proceedings before the domestic court. Any unjustifiable delay at this point would amount to a direct breach of Article 6. Second, the transfer of proceedings to the foreign court. Delay at this stage would be less justifiable where, for instance, there was known to be a heavy backlog of cases. Notwithstanding, the “normal lapses of time stemming from the transfer of the cases” are not to be regarded as unjustified. Third, the proceedings before the foreign court. At the second and third stages, although any unreasonable delay by the foreign court will amount to a direct breach by that court, there could also be an indirect breach by the domestic court, but only to the extent that the party suffered, or risked suffering, a flagrant breach. Endnotes Committee of Ministers of the Council of Europe, Resolution DH (97) 336, 11 July 1997. Fabri and Langbroek: 2003, p3. C-116/02 [2005] QB 1. Opinion of AG Léger in Owusu v Jackson C-281/02 [2005] QB 801 at [270]. A sist by the Scottish courts through forum non conveniens can be made where jurisdiction is founded on Art.4 of the Judgments Regulation or Convention: Collins et al: 2006, para.12-023. Moreover, a sist can be made on the ground that the courts of England or Northern Ireland are the forum conveniens, because intra-UK jurisdiction can be so settled: Cumming v Scottish Daily Record and Sunday Mail Ltd, The Times, 8 June 1995; Collins: 1995. Scopelliti v Italy (1993) 17 EHRR 493, at [18]. Vocaturo v Italy [1991] ECHR 34. E.g. fewer than six years for a reparation action (Huseyin Erturk v Turkey [2005] ECHR 630.) Clayton and Tomlinson: 2000, p654; Harris, O’Boyle and Warbrick: 1995, p229. Eckle v Germany (1983) 5 EHRR 1, at [80]; an obvious consideration being delay in commencing proceedings. Buchholz v Germany [1981] ECHR 2, at [49]. Foti v Italy (1982) 5 EHRR 313, at [61]. Zimmermann and Steiner v Switzerland [1983] ECHR 9; Guincho v Portugal [1984] ECHR 9; cf. Buchholz (n36), at [61], where the backlog was not reasonably foreseeable; exceptional circumstances were taken into account in Foti (n37) as a result of troubles in Reggio Calabria, which impacted proceedings in the courts in Potenza, to which cases had been transferred. Foti (n37), at [61]. Soering (n14) at [113].

Having set the scene, it is time to delve straight into comment and opinion, drawing on relevant facts and law where required. Where possible, suggest ways in which events or decisions could have been improved and do not be afraid to say that commentators, judges or even powerful institutions, like the ECJ, got it wrong.

3.3. Conflict with Lis Pendens: Erich Gasser Erich Gasser v MISAT concerned the validity of a choice-of-court agreement in favour of the Austrian courts where one party had first seised the Italian courts by way of negative declaration. Second seised, the Austrian Court sought a reference from the ECJ on, inter alia, whether it must stay its proceedings under lis pendens where the proceedings in the court first seised generally take an unreasonably long time, such that there may be a breach of Article 6. Both the claimant and the intervening UK Government invoked the ECHR, arguing that Article 21 of the Brussels Convention should be interpreted in conformity with Article 6 ECHR to avoid excessively protracted proceedings, given that proceedings in Italy were likely to take an unreasonably long time. Through this interpretation, it was argued that Article 21 should not be applied if the court first seised had not determined its jurisdiction within a reasonable time. In a very short response, the ECJ effectively said that the ECHR did not apply because first, it is not expressly mentioned in the Brussels Convention and second, there is no room for it in a collection of mandatory rules underpinned by mutual trust between Contracting States. 3.3.1. Delay in the Italian Court However, it may be seen that the stay de facto risked at least a standard breach in the Italian court. The Italian courts have been held in breach of Article 6 a staggering number of times because of unreasonable slowness. The existence of these breaches amounted to a practice incompatible with the ECHR and produced the notoriety of the Italian legal system as “the land that time forgot.” Indeed, the practice of seising the Italian courts first by way of negative declaration has become known as instituting an “Italian torpedo,” which may succeed in delaying proceedings substantially even where the Italian courts have no jurisdiction. It has already been noted that evidence is crucial in determining a real risk of a breach of Article 6. Instead, in Gasser, human rights arguments were based upon a general breach of the reasonable time requirement in Italian courts. Moreover, no ECtHR case law was relied upon when so arguing, nor was mention made of previous breaches. Therefore, a very weak argument, if any, was laid before the ECJ in respect of a risk of a breach. In effect, the ECJ was being asked something tantamount to whether there should be an exception to Article 21 in respect of certain Member States, a question justifiably answered in the negative. However, if the arguments had been more focussed, concentrating on the present case, with evidence to show the likelihood of breach in the Tribunale civile e penale di Roma, then the ECJ may have been more persuaded by Article 6 considerations, as Fawcett suggests. Notwithstanding previous delays, efforts have been made to reduce the backlog of cases. This is somewhat owing to Article 13 ECHR, which requires Contracting States to provide persons with an effective national remedy for breach of a Convention right. Such domestic remedies assist in reducing further breaches and ultimately reduce the need for the indirect effect doctrine. Thus, the Italian “Pinto Act” was passed, providing a domestic legal remedy for excessive length-of-proceedings cases. The existence of this remedy may have gone towards justifying application of Article 21, which indeed was one of the questions referred to the ECJ by the Austrian Court, although unanswered. 3.3.2. A Clash of Treaties Nevertheless, given that the ECJ so held that Article 6 considerations were irrelevant, there may be further legal implications, particularly for the Austrian Court which was required to stay its proceedings under the Brussels Convention. If this stay created or risked creating a flagrant breach of the reasonable time requirement in the Italian Court, Austria may itself have breached Article 6 indirectly. Such an indirect breach is clearly not justifiable on the ground that Austria is party to the Brussels Convention or Regulation made under the European Treaties. Hence, the judgment may lead to a clash between the ECHR and Brussels Convention or Regulation. This in turn raises the questions of how and to what extent the Brussels Convention or Regulation could have been interpreted to give effect to Article 6. Formerly Article 57 of the Brussels Convention, Article 71 of the Brussels Regulation provides inter alia that “(1) [t]his Regulation shall not affect any conventions to which the Member States are parties and which in relation to particular matters, govern jurisdiction or the recognition of judgments.” Although the ECHR is not prima facie a Convention governing jurisdiction, all Member States are party to it and Article 6 contains the inherent right of access to a court. Thus, as Briggs and Rees argue, this may have application where a court with jurisdiction is prevented from exercising that jurisdiction in a manner compatible with the ECHR. Therefore, in Gasser Article 71 may have been applied to allow Austria to act in accordance with its obligations under the ECHR. This approach is complemented by Article 307 (ex 234) EC such that Article 21 or 27 of the Brussels Convention or Regulation respectively can be overridden by a Convention previously entered into, including the ECHR. Further, this conclusion is even more realistic in light of the jurisprudence of the ECJ, which is peppered with notions of protection for fundamental rights, and the express protection of these rights in Article 6(2) EC. Instead of even contemplating such an outcome, the ECJ showed that it was prepared to ignore a significant international convention. Perhaps, in addition to mutual trust between Contracting States, mutual recognition of international conventions should have been considered, especially due to the express provisions permitting such consideration. Endnotes Those having a duration of over three years: Gasser (n28), at [59]. At [71]-[73]. See Ferrari v Italy [1999] ECHR 64, at [21]. Ferrari (n46), at [21]; Article 6 imposes on the Contracting States the duty to organise their judicial systems in such a way that their courts can meet the requirements of the provision (Salesi v Italy [1993] ECHR 14, at [24].) Briggs and Rees: 2005, Preface to the Fourth Edition, p.v. Messier-Dowty v Sabena [2000] 1 WLR 2040. Franzosi: 1997, p384. Transporti Castelletti v Hugo Trumpy, C-159/97, [1999] ECR I-1597. Supra p4. Opinion of A.G. Léger in Gasser, at [88]. When Gasser came before the ECJ, there was already a delay in Italian proceedings of 3½ years in determining jurisdiction. Fawcett: 2007, p15. Kudla v Poland [2000] ECHR 512. Fawcett: 2007, p4. Law no.89 of 24 March 2001. However, even this has breached Article 6(1): Riccardo Pizzati v Italy [2006] ECHR 275, at [66]; Mance suggests that the Act only partially solved if not repatriated the ECtHR’s overwhelming number of claims in this respect (Mance: 2004b, p357.) Notwithstanding, since 1999, there has been a trend of continuous breach, the ECtHR having adopted more than 1,000 judgments against Italy (Riccardo Pizzati, at [66].) As Briggs and Rees note, the ECHR “might as well have been part of the law of Mars for all the impact it had.” (Briggs and Rees:2005, para.2.198.) Soering (n14), at [113]. Matthews v United Kingdom [1999] ECHR 12. Hartley: 2005b, p821 n35; the most important example of a conflict of treaties: Hartley: 2001, p26. Briggs and Rees: 2005, para.2.38. An approach recognised by both Mance (Mance: 2004a, paras.6-7) and Hartley (Hartley: 2005a, p383.) ERT v DEP C-260/89 [1991] ECR I-2925, at [41]; “Bosphorus Airways” v Ireland (2006) 42 EHRR 1,at [73]; particularly for Article 6: Philip Morris International Inc v Commission of the European Communities [2003] ECR II-1, at [121].

Tip: Suggest Improvements for the Future

It may be that, in the course of the research for your dissertation, you discover previous decisions and actions that may happen again in the future. You may want to suggest that there is such a risk in the future and that there are ways in which that risk can be guarded against. You may also want to state challenges with implementing such safeguards. For instance, in the below section, there is comment that the ECJ is, sometimes, so myopic that its stance won’t budge.

3.3.3. Future Application The ECtHR has held that a failure by a national court to make a preliminary reference to the ECJ could be a breach of Article 6 ECHR in certain circumstances. Thus, it is arguable that where similar facts to Gasser arise again, the domestic court may have to make a reference to the ECJ, and in doing so, show cogent evidence of the risk of a flagrant breach, unlike that presented to the ECJ in Gasser. In this context, the ECJ will have another chance to take human rights seriously, with the opportunity to apply Article 307 EC complementing Article 71 of the Brussels Regulation and jurisprudence both of the ECJ and ECtHR. Notwithstanding, given the ECJ’s swift dismissal of human rights concerns in Gasser in favour of the inflexible system of lis pendens, it appears unlikely that it would permit exception in the future. For the ECJ legal certainty under the Brussels regime is clearly more significant than legal certainty either through party autonomy under jurisdiction agreements or through the right to a fair hearing within a reasonable time. As Merrett notes, “[t]he ECJ simply does not see questions of jurisdiction as being concerned with private rights at all,” a stance which will need to change, particularly in light of the pressing atmosphere of today’s human rights culture. Endnotes Soc Divagsa v Spain (1993) 74 DR 274. Legal certainty is perhaps more significant under the Brussels Regulation, particularly illustrated by the addition of Article 30. Cf. A.G. Léger in Gasser, at [70]. Merrett: 2006, p332. Hartley notes that this is perhaps not surprising given that the ECJ is more concerned with public law, and as such, should be expected to give more weight to State interests, rather than the interests of private parties (Hartley: 2005b, pp814-815.)

Take a proposition that has never been discussed and debate it

Another thing that truly separates a first class dissertation from a second class one is discussion of ideas and issues that have never before been discussed. The following is an example of such a proposition and discussion, all of which stemmed from one footnote in an academic article that said a certain proposition “had never been discussed before in the courts of the UK”. Finding this loophole was essential to the dissertation’s success.

3.4. Conflict with Forum non Conveniens An export of Scots law, forum non conveniens was accepted into English law in Spiliada Maritime Corporation v Cansulex Ltd, becoming indistinguishable from Scots law. Under the Spiliada test, there are two stages: first, the defendant must show that there is some other available forum which is clearly more appropriate for the trial of the action, upon which a stay will ordinarily be granted; second, upon the first stage being satisfied, it is for the claimant to show, through cogent evidence, that justice requires that a stay should not be granted. Advocate General Léger has suggested explicitly that the forum non conveniens doctrine, as operating under this Spiliada test, may be incompatible with Article 6, given that the steps involved for the claimant in its application “have a cost and are likely considerably to prolong the time spent in the conduct of proceedings before the claimant finally has his case heard.” Although the UK courts have never discussed this proposition, there is a potential that forum non conveniens is indeed incompatible with the reasonable time requirement in Article 6. 3.4.1. General Operation Since the place of trial is decided through the exercise of judicial discretion, it is axiomatic that additional cost and time will be incurred in the domestic court, which may appear somewhat inappropriate in light of the parties having to “litigate in order to determine where they shall litigate.” Notwithstanding, given that the same forum will rarely be in the best interests of all parties, particularly highlighted by different choice of law rules, choice of forum is of crucial importance and rightfully so contested. In this respect alone, the time and cost involved may be justified. Moreover, it should be noted that it is the defendant who asks for a stay, thus incurring additional expenses, which expenses he might be expected to pay. Application for a stay is usually, and perhaps ought to be, made early. Procedural time-limits are set for such an application, despite the court retaining its discretionary power to stay proceedings. Notwithstanding, the longer an application is left, the greater the threat of the proceedings not being aborted as a matter of judicial reluctance. Moreover, if Lord Templeman’s view that submissions should be measured in hours not days with the rarity of appeals holds true, such time and expense should be contained to a minimum. This can be contrasted with the American experience of the doctrine, where forum non conveniens can produce forum battles that can last for years, such that the doctrine may even be labelled a “delaying tactic.” 3.4.2. First Limb of Spiliada As noted, there are various circumstances which can justify delay under Article 6. In assessing the complexity of a case, consideration is given to the number of witnesses , the need for obtaining expert evidence and the later intervention of other parties. It can be seen that these factors mirror the appropriateness factors considered under the first limb of the Spiliada test. Thus, in Lubbe v Cape Industries Plc the emergence of over 3,000 new claimants gave greater significance to the personal injury issues, the investigation of which would involve a cumbersome factual inquiry and potentially a large body of expert evidence, such that South Africa was rightfully identified as the most appropriate forum under the first limb of Spiliada. Moreover, in Spiliada, similar litigation had already taken place over another vessel, the Cambridgeshire, such that the proceedings would be more appropriate in England. Termed the “Cambridgeshire factor,” it is persuasive where advantages of “efficiency, expedition and economy” would flow naturally from the specialist knowledge gained by the lawyers, experts and judges in the related proceedings. However, successful use of this factor has been extremely rare. Although conveniens means “appropriate”, not “convenient”, considerations of convenience and expense are still relevant. Thus, in both The Lakhta and The Polessk , a stay was granted because the dispute could be resolved more appropriately in the Russian Court at far less expense and far greater convenience for those involved, in light of, inter alia, the availability of witnesses and other evidence. Further, speed of a trial itself may be decisive in balancing appropriateness factors. For example, in Irish Shipping Ltd v Commercial Union, although the courts of both England and Belgium were appropriate, the dispute could be resolved more quickly in the English court given the more complex position of the plaintiff’s title to sue under the governing law in Belgium; therefore a stay of the English proceedings was refused. Moreover, the availability of an early trial date is material in determining the most appropriate forum ; indeed, “speedy justice is usually better justice.” It can therefore be seen that the factors considered in the first limb of the Spiliada test reflect the justifications for delay under the reasonable time requirement of Article 6(1) and indeed consideration of these factors may result in an overall speedier trial. Hence, determining whether or not to apply the forum non conveniens doctrine is more than justifiable. Further, it is worth considering whether delay by the foreign court itself can be avoided. Endnotes Sim v Robinow (1892) 19 R 665. [1987] AC 460. Crawford and Carruthers: 2006, pp157-158. Spiliada (n13), pp474-477. Opinion of A.G. Léger in Owusu (n29), at [270]. Hare perceives that paragraph 42 of Owusu is “strangely reminiscent” of A.G. Léger’s suggestions: Hare: 2006, p172 n.96. Fawcett; 2007, p9. Slater: 1988, p554; Robertson: 1987, p414; Zhenjie: 2001, p157. Cf. Spiliada (n72), p464 per Lord Templeman. Crawford and Carruthers: 2006, p157. Bell: 2002, paras.2.40-2.42, 2.58. Svantesson: 2005, pp411-412. Briggs and Rees: 2002, p220. Despite potential for re-application: Owens Bank Ltd v Bracco [1992] 2 AC 433, p474. E.g. in England, CPR Part 11. Ibid., r.3.1(2)(f). Briggs and Rees: 2005, pp324-325. Spiliada (n72), p465. E.g. Lacey v Cessna Aircraft (1991) 932 F.2d 170. Green: 1956, p494. Supra p8. Andreucci v Italy [1992] ECHR 8. Wemhoff v Germany (1968) 1 EHRR 55. Manieri v Italy [1992] ECHR 26. [2000] 1 WLR 1545. [2000] 2 Lloyd’s Rep. 383, p391; however, a stay was not granted because substantial justice could and would not be done in the South African forum under the second limb of Spiliada, see infra p25. Spiliada (n72), p469. Ibid., p486. Collins et al: 2006, para.12-030 n.34. The Atlantic Star [1974] AC 436, p475; Spiliada (n72), pp474-475. Hill: 2005, para.9.2.23; wastage of cost is an important consideration in granting a stay, whether under forum non conveniens or not (Carel Johannes Steven Bentinck v Lisa Bentinck [2007] EWCA Civ 175.) [1992] 2 Lloyd’s Rep 269. [1996] 2 Lloyd’s Rep 40. [1991] 2 QB 206. Ibid., p246. Xn Corporation Ltd v Point of Sale Ltd [2001] I.L.Pr. 35. Ibid., at [14]

Develop that new debate and get creative

As noted in the previous post, one of the most important breakthroughs in writing your dissertation can come from spotting a gap where something has not yet been discussed. Once writing to fill that gap, it may be helpful to ask yourself what other angles there are to the debate. Or think about if the matter went to an official debate or, for law dissertations, to court. Think about creative arguments that an advocate might run and try to develop them yourself. Such development can lead to your getting a first rather than a 2:1.

3.4.3. Second Limb of Spiliada Delay in the foreign forum is a fundamental consideration when determining the interests of justice at the second limb of the Spiliada test and may even be decisive if the anticipated delay is excessive. An example pertinent to justification under Article 6(1) is The Jalakrishna, where a delay of five years was anticipated if the case was tried in India, such that the claimant would be prejudiced given his need for financial assistance in light of his critical injuries in an accident. Thus, a stay was not granted, showing respect for both a potential delay itself and what was at stake for the claimant. Notwithstanding, such cases are rare. For example, in Konamaneni v Rolls-Royce Industrial Power (India) Ltd, Collins J (as he then was) recognised that the Indian legal system had made attempts to reduce its backlog of cases, such that in the absence of sufficient evidence of an anticipated delay, it would indeed be a “substantial breach of comity to stigmatise the Indian legal system in that way,” somewhat reflecting the principle that the claimant must “take [the appropriate] forum as he finds it.” Indeed, one of the major advantages of the forum non conveniens doctrine is that it offsets the judge’s tendency to grab as many cases as he can and it respects the valuable international private law principle of comity. As Lord Diplock stated in The Abidin Daver, “judicial chauvinism has been replaced by judicial comity.” However, the interests of States cannot always be reconciled with private party rights. When considering whether to stay proceedings, in light of Article 6, the interests of States should yield to the interests of private parties. Thus, if evidence is sufficient to show a real risk of a flagrant breach in the foreign forum, as was not presented in Gasser, a stay should not be permitted. Again mirroring reasonable time justifications under Article 6, additional considerations of what is at stake in the litigation may arise and authorities may have to exercise exceptional diligence in the conduct of certain cases. An ECtHR case, X v France shows that where a person sought compensation following infection with the AIDS virus, what was at stake was of crucial importance in determining the reasonableness of the length of proceedings. What is at stake will be relevant and probably decisive following a stay of proceedings under forum non conveniens, as The Jalakrishna shows. Notably, in Owusu v Jackson, where forum non conveniens was not permitted, what was at stake for Owusu was significant as he was rendered tetraplegic through his accident. It can therefore be seen that forum non conveniens takes a pragmatic approach to preventing foreseeable unreasonable delays under the second limb of Spiliada. Not only does this further justify operation of the doctrine under Article 6(1) through direct effect, it also greatly restricts, if not eliminates, the possibility of an indirect breach by the domestic court, given that the risk of a flagrant breach of the right to a fair trial is a fundamental factor of the interests of justice. Notwithstanding, herein there are still concerns in light of Professor Fawcett’s suggestion that a hybrid human rights/international private law approach should be taken such that Article 6 concerns should be identified first, taking into account ECtHR jurisprudence, and thereafter it should be for the flexible second limb of Spiliada to apply to resolve these issues. Fawcett concedes that the same result will be achieved in most cases, yet suggests that there may be borderline cases where this solution would work better and human rights concerns will have been taken more seriously. However, this need for procedural restructuring of judicial reasoning is arguably not wholly convincing, particularly given that the indirect effect doctrine under Soering requires a flagrant breach of Article 6, not merely a standard breach; it is therefore difficult to imagine the existence of any “borderline” cases as such. Moreover, in the cases of potential flagrant breaches, the interests of justice principle has been shown to be flexible enough to prevent stays which may breach Article 6 indirectly, regardless of the classification of the delay as a breach of human rights or otherwise. In this respect, it is arguable that the international private law case law could be adequately relied upon. Nevertheless, initial consideration of ECtHR jurisprudence may have more importance than in providing a mere procedurally attractive measure; it may guide and influence those who fail to see the pressing importance of human rights today and will at least effect compliance with the Section 2 of the HRA 1998 which demands that such jurisprudence be considered wherever Convention rights are in issue. Endnotes The Vishva Ajay [1989] 2 Lloyd’s Rep 558, p560; Chellaram v Chellaram [1985] 1 Ch 409, pp435-436; cf. The Nile Rhapsody [1992] 2 Lloyd’s Rep 399,pp413-414, where Hirst J gave “minimal weight to the delay factor” upon direction by the appellate courts. [1983] 2 Lloyd’s Rep. 628. Hill: 2005, para.9.2.38. [2002] 1 WLR 1269. Ibid., at [177]. Connelly v RTZ Corpn plc [1998] AC 854, p872. [1984] AC 398. Ibid., p411. A and others v Denmark [1996] ECHR 2, at [78]. [1992] ECHR 45. [1983] 2 Lloyd’s Rep.628. (n29). Notwithstanding, the ECJ’s taking 2¾ years to produce its judgment did not go towards acknowledging the express request by the English Court of Appeal to provide reasonably quick compensation. Of course, time taken for a required preliminary reference from the ECJ is entirely justified under Article 6 (Pafitis v Greece (1999) 27 EHRR 566, at [95].) Fawcett: 2007, pp36-37. Such that length-of-proceedings cases (see supra pp.7-8) should be consulted in the context of unreasonable delay. (n14).

Put your foot in the icy water: Don’t be afraid to come to powerful conclusions

A dissertation that is written with balanced conclusions is a boring one. Reasoned opinion is important. Nothing would get done in this world if we said “X is right, but Y is equally right, so let’s just leave things the way they are”. Sitting on the fence may well get you a good upper second class award but there is little chance of it getting you a first. A certain English teacher, Sandra MacCallum, at Kyle Academy once taught that, sometimes, “you’ve got to put your foot into the icy water”. Don’t be afraid to come to powerful conclusions. Hopefully the below example, with a reasonable, opinionated attack on the ECJ’s lack of respect for the common law principles of the Scottish export doctrine forum non conveniens, illustrates the significance of this suggestion.

3.5. Conclusions It is perplexing that in Owusu Advocate General Léger, and perhaps indirectly the ECJ, suggested that applying forum non conveniens may be incompatible with the “reasonable time” requirement of the right to a fair trial under Article 6(1), whereas analysis of its proper operation shows that it is compatible and may even be a useful tool in providing faster and more economic litigation. Although it is at least somewhat refreshing to see ECHR arguments being acknowledged in an international private law context without encouragement, it is nevertheless peculiar that Article 6 concerns have been identified in relation to forum non conveniens, “one of the most civilised of legal principles” as Lord Goff of Chieveley put it, when the ECJ did not properly apply or even consider Article 6 in Gasser, where the need for its recognition was much more significant. The ECHR is not an optional instrument that can be applied to justify a course of reasoning, however misguided, on the one hand and dismissed when apparently greater considerations require it on the other; careful legal analysis is required for its operation, which analysis does not appear to have been applied or even respected by the ECJ.

A fresh perspective

Separating a dissertation into manageable chunks from the initial stages of structural planning gives you freedom to start afresh to write about a different but related topic once concluding another section. Access to a court, for instance, is a separate right from the right for a trial to be heard and decided within a reasonable time. It, thus, merits a separate chapter with its own introduction, subsections and conclusions.

4. ACCESS TO A COURT 4.1. Operation in Article 6 The fair, public and expeditious characteristics of judicial proceedings expressed in Article 6 would be of no value at all if there were no judicial proceedings. Thus, referring to the rule of law and avoidance of arbitrary power, principles which underlie much of the ECHR, the ECtHR has held that the right of access to a court is an element inherent in Article 6(1). Although this right is not absolute, any limitation must not restrict access to such an extent that the very essence of the right is impaired, provided that a legitimate aim is pursued with proportionality between the limitation and that aim. The potential for this right to arise in the civil jurisdiction context is high, given the intrinsic nature of the operation of jurisdiction rules. 4.2. Anti-Suit Injunctions A denial of access to a foreign court and, therefore, a potential Article 6 violation will occur through the grant of an anti-suit injunction, which seeks to restrain foreign proceedings. This issue arose in The Kribi, where the claimants sought an anti-suit injunction to restrain Belgian proceedings brought in contravention of an exclusive jurisdiction agreement. Aikens J held that “Article 6…does not provide that a person is to have an unfettered choice of tribunal in which to pursue or defend his civil rights” . Moreover, “Article 6…does not deal at all with where the right to a [fair trial] is to be exercised by a litigant. The crucial point is that civil rights must be determined somewhere by a hearing and before a tribunal in accordance with the provisions of Article 6.” Therefore, a court granting an anti-suit injunction, in the very limited circumstances in which it can now do so, would not be in breach of Section 6 of the HRA 1988 where another available forum exists. Contrastingly, Article 6 challenges remain for the “single forum” cases, where there is only one forum of competent jurisdiction to determine the merits of the claim, despite the cases already being treated differently. In such a case, the exemplary approach of Aikens J would easily resolve such human rights issues. Ultimately, in a commercially welcome judgment, human rights arguments were made and received properly. Moreover, Aikens J “logically” dealt with the human rights points first. Hence the case is a working model for Fawcett’s hybrid approach where human rights should be considered first before international private law principles. Contrasting with stays producing concerns of unreasonable delays, in this context of access to a court there is more impetus to follow Fawcett’s model, particularly given that such denial of access can constitute a direct breach of Article 6, thus producing a more realistic threat of contravention of Section 6 of the HRA 1998. 4.3. Exclusive Jurisdiction Agreements and Waiving Convention Rights Another instance pertinent to Article 6 is where a person has no access to the courts of the UK because of the enforcement of an exclusive jurisdiction agreement. Convention rights can, in general, be waived, including the right of access to a court under Article 6, which can occur where a jurisdiction agreement or agreement to arbitrate is valid and enforceable, but not where a person entered into the agreement without voluntary consensus. Generally, rights will be waived under a jurisdiction agreement meeting the requirements of Article 23 of the Brussels Regulation. However, as Briggs and Rees note, there may be instances, somewhat unattractive, where a party is bound by such a jurisdiction agreement without voluntary consensus as such, such that his right of access to a court may not have been waived, reflecting the more prudent stance taken towards compulsory alternative dispute resolution. Notwithstanding, Article 6 will be upheld provided there is another available court. 4.4. Limitations on Jurisdiction It is axiomatic that limitations on jurisdiction may restrict access to a court. The ECtHR has held that limitation periods are generally compatible with Article 6, particularly for reasons of legal certainty, provided that they are not applied inflexibly. This compatibility should encompass a stay under forum non conveniens for a forum barred by limitation, which is granted only where the claimant was at fault by acting unreasonably in failing to commence proceedings in the foreign court within the applicable limitation period. Contrastingly, blanket limitations are a more difficult species. An example of a blanket exclusion on jurisdiction is the English common law Moçambique rule, which provides that title to foreign land should be determined only at the situs of the land. This may conflict with Article 6 because of a denial of access to an English court. Although this proposition may be unfounded, particularly where access to a court is available somewhere, the exclusion on jurisdiction may still be challenged on Article 6 grounds if disproportionate its aim. Such proportionality concerns were considered in Jones v Ministry of the Interior of the Kingdom of Saudi Arabia. Following Al-Adsani v United Kingdom , a blanket limitation on jurisdiction was accepted because the grant of sovereign immunity, which restricted access to a court, pursued the legitimate aim of comity through compliance with international law and was proportionate. Notwithstanding, underpinning this reasoning is an inevitable tension between the interests of States and private parties, such that Mance LJ (as he then was) in the Court of Appeal produced his judgment in light of ECHR considerations, taking a more flexible approach supportive of human rights. Mark v Mark also illustrates such inflexibility and proportionality considerations. The limitation in that case prevented access to the English courts, which may have been the only available courts, through a particular rule of public policy. This rule was therefore seen by Thorpe LJ to be incompatible with Article 6 and hence the HRA 1998. Contrastingly, in the House of Lords, Baroness Hale affirmed the decision on different grounds, dismissing ECHR considerations, such that she perhaps did not take human rights concerns entirely seriously. Although access to some court will be available following most limitations, the few cases where access would be denied to the only available court under a limitation warrant special attention in light of protection of the right to a fair trial. Such attention has been properly given on occasion, as demonstrated by both Mance and Thorpe LJJ. However, this approach is not consistently followed, shown by the dangerous approach of Baroness Hale. 4.5. Interaction with Forum non Conveniens In Lubbe v Cape Industries Plc, the defendant asked for a stay of proceedings. After identifying South Africa as the natural forum, the Court was faced with the argument that the stay would breach Article 6 because the complexity of the case and lack of funding were such that the claimant could not sue in that foreign court. After applying the Spiliada principles, which provided that a stay should be refused because the claimant could not obtain justice in the foreign court, Lord Bingham then turned to the Article 6 arguments and noted simply that “I do not think article 6 supports any conclusion which is not already reached on application of Spiliada principles.” Although the right to a fair trial was acknowledged and indeed protected under the refusal to grant a stay, the procedure in reasoning lowered the importance of human rights as the Spiliada principles took precedence to application of Article 6. Thus, if the Lubbe approach was followed in the future and a stay was granted to a foreign court in which there was a risk of a flagrant breach, the court may indirectly breach Article 6 in addition to Sections 2 and 6 of the HRA 1998. Similar techniques to that employed by Lord Bingham have been used in other forum non conveniens cases. For example, in The Polessk, the extent to which evidence showed the right to a fair trial in the St. Petersberg Court was considered under the second limb of the Spiliada test. Moreover, as discussed, reasonable delay has been considered consistently, although somewhat effectively, within this second stage of Spiliada. As noted, these latter instances show a sufficient degree of reconciliation with at least the indirect effect of Article 6, regardless of the characterisation of the breach as one of Article 6 or otherwise, particularly because it is difficult to imagine “borderline” cases amounting to flagrant breaches of Article 6, as Fawcett suggests. This analysis can be applied equally to the facts of Lubbe where access to the foreign court clearly did not exist, such that a stay would unequivocally produce a flagrant breach. It may be suggested that other cases are not so easy to evaluate, such as in determining whether access to a court exists through lack of legal aid, as Santambrogio v Italy illustrates. Nevertheless, surely if the decision is a difficult one to make, then the breach cannot be flagrant and, as such, there cannot be an indirect breach of Article 6. However, as noted, a procedural shift in judicial reasoning will have undoubted procedural benefits, if at the very least it effects compliance with Section 2 of the HRA 1998. Endnotes Golder v. United Kingdom [1975] ECHR 1, at [35]. Ibid., at [34]-[35]. Ibid., at [36]; this includes the right to a determination of proceedings on the merits (Gorbachev v Russia, No. 3354/02, 15 February 2007.) Ibid., at [38]. Winterwerp v The Netherlands [1979] ECHR 4, at [60], [75]. Ashingdane v United Kingdom [1985] ECHR 8, at [57]. OT Africa Line Ltd v Hijazy (The Kribi) [2001] Lloyd’s Rep 76; now overruled on the specific point for decision (Turner v Grovit and Others [2005] AC 101). The Kribi (n131), at [42]. Ibid., at [42]. Following Turner v Grovit (n131), a court cannot grant an anti-suit injunction against a party who has commenced an action in a Brussels Convention State. British Airways v Laker Airways [1983] AC 58,at [80]. The Kribi, (n131),at [41]. Fawcett: 2007, pp36-37. Pfeiffer and Plankl v Austria (1992) 14 EHRR 692; cf. Loucaides: 2003, pp48-50. Deweer v Belgium (1979-80) 2 EHRR 439; indeed, this is a “natural consequence of [the parties’] right to regulate their mutual relations as they see fit.” (Axelsson v. Sweden, no.11960/86, 13 July 1990.) Malmstrom v Sweden (1983) 38 DR 18. Cf. under the common law (The Pioneer Container [1994] 2 AC 324); Briggs and Rees: 2005, p19. E.g. a person not party to a bill of lading bound by a jurisdiction agreement between shipper and carrier. Briggs and Rees: 2005, pp18-19. See generally Schiavetta: 2004, paras.4.2-4.21. Stubbings v United Kingdom [1996] ECHR 44, at [51]. Briggs and Rees: 2005, p20 n.101. Spiliada (n72), pp483-484. British South Africa Co v Companhia de Moçambique [1893] AC 602; for Scotland, Hewit’s Trs v Lawson (1891) 18 R 793. Briggs and Rees: 2005, para.4.06. [2006] UKHL 26. 34 EHRR 273. Cf. Markovic v Italy [2006] ECHR 1141, which held that although there was no blanket limitation on jurisdiction through sovereign immunity and that access to a court had been afforded, access was nevertheless limited in scope, such that the applicants could not receive a decision on the merits. [2005] QB 699. [2004] EWCA Civ 168, at [40]. [2006] AC 98. Fawcett: 2007, p34. [2000] 1 WLR 1545. (n72). Lubbe (n157), p1561. Further, no relevant decisions of the ECtHR were relied upon in the judgment e.g. Airey v Ireland [1979] ECHR 3 where representation costs were “very high” and the procedure was too complex and would evoke emotions too great for the applicant to present her case. Cf. Santambrogio v Italy [2004] ECHR 430 (post-Lubbe), where legal aid was deemed unnecessary in the circumstances. Fawcett: 2007, p.11. (n102), p51. Supra pp.17-19. Supra p.19. (n160).

Get creative!

Creative argument is essential if you’re going to get a first. Perhaps only unless your tutor or professor doesn’t know the topic well can you get away rehashing old argument and ideas that have been discussed thousands of times before. Having worked with academia in trying to commercialise intellectual property rights (IP), through, for instance, spin-off companies, it is clear that innovation is crucial for the business models of universities. It goes something like this: University teaches its students; Students produce research in which they and/or the university have IP, such as copyrights or patents; Student and/or university commercialises that IP by selling or licensing it to journals or other entities, such as companies. Money, then, gets reinvested into the system or society, which gets to work with the new innovation or improvement. The below argument is example of how such creativity can light up your dissertation, add value to your University and get you a better mark overall.

4.6. Owusu v Jackson Further relevance of Article 6 can be seen in the context of the ECJ’s analysis of forum non conveniens in Owusu v Jackson. Fundamentally wrong, the ECJ believed that a defendant “would not be able…reasonably to foresee before which other court he may be sued.” However, it is the defendant who asks for a stay and thus his foreseeability of a stay in this respect is secured. Article 6 is underpinned by the principle of legal certainty. Although legal certainty has specific provision in some articles of the ECHR, it is not confined to those articles; the specific provisions require domestic law “to be compatible with the rule of law, a concept inherent in all the articles of the Convention.” Legal certainty comprises the particularly significant aspect of foreseeability. In this regard, the ECtHR has noted that: “a norm cannot be regarded as a ‘law’ unless it is formulated with sufficient precision to enable the citizen to regulate his conduct: he must be able…to foresee, to a degree that is reasonable in the circumstances, the consequences which a given action may entail.” It is at least arguable that this would encompass procedural certainty emanating from rules of jurisdiction. If the forum non conveniens doctrine permitted stays without the defendant’s asking, the defendant would have such little legal certainty that there may even be an arguable infringement of his right to a fair trial under Article 6, not only incompatible with the higher test of legal certainty of jurisdictional rules under the Brussels regime. This would result from the defendant’s lack of foreseeability as to where proceedings against him would take place. Contrastingly, cogent arguments can be made against forum non conveniens, inter alia, because of the uncertainty for the claimant. Notwithstanding, it could be said that his rights under Article 6(1) are upheld through his right of access to a court somewhere else. Moreover, he would have much more legal certainty than that of the defendant under the ECJ’s interpretation of forum non conveniens because stays under proper operation of forum non conveniens are granted, to some extent, within the confines of regulated and foreseeable discretion. It can therefore be seen that the ECJ had analysed something which would be incompatible not only with Scottish and English law, but also with the ECHR and HRA 1998. Although a proper analysis of forum non conveniens would probably not have altered the outcome of Owusu, it would have been much more respectable to the common law, already set to be dismantled through an inevitable course of Europeanization, not to knock down, to some extent, a “straw man.” 4.7. Conclusions It is clear that there are disparate approaches to the right of access to a court, perhaps emanating in part from varying attitudes to the importance of human rights. Most civil jurisdiction cases will involve access being denied to one court, while access to another is still available. These will generally not breach Article 6 since there is no right of preference of court under Article 6 as Aikens J held in The Kribi, a judgment fully respectable of human rights. Contrastingly, in the limited number of cases which do yield Article 6 concerns, respect for human rights has been inconsistent, a worrying position particularly in light of the recognition of new, potential Article 6 challenges, such as in the areas of exclusive jurisdiction agreements and limitations on jurisdiction. Notwithstanding, such concerns may be unfounded, given the flexibility of international private law rules, such as the demands of justice under the second limb of Spiliada, which can effectively prevent indirect breaches of Article 6. Endnotes Except in exceptional circumstances: Collins et al: 2006, para.12-006 n.20. E.g. Articles 5 and 7. Reed and Murdoch: 2001, para.3.33. Amuur v France [1996] ECHR 20, at [50]. Reed and Murdoch: 2001, para.3.36. Sunday Times (No1) v United Kingdom [1979] ECHR 1, at [49]. Harris: 2005, p939; despite a lack of express mention by the ECJ in Owusu (n29); cf. Opinion of AG Leger in Owusu, at [160]. Hartley: 2005b, pp824-828; cf. Mance: 2007. (n72).

Add Another New Topic

The following is a different slant on the fundamental theme of the dissertation.

5. RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS 5.1. Recognition of Contracting State Judgments An indirect breach of Article 6 may occur where a court recognises and thus enforces a judgment obtained in foreign proceedings contrary to the requirements of Article 6. Little challenge is presented where that judgment is obtained in a court of a State party to the ECHR; in such a case, recognition can be refused through Article 6 which is a facet of public policy under Article 27(1) of the Brussels Convention. Notably, Article 34(1) of the Brussels Regulation provides that the recognition must be “manifestly” contrary to public policy, implying a higher threshold than in Article 27(1). The difference in wording is uncertain, but it is hoped that it will not be used to “sweep mere procedural defects under the rug.” Indeed, the importance of the right to a fair trial to the rule of law cannot be underestimated and thus it is arguable that any breach of Article 6 will be manifestly contrary to public policy. Notwithstanding, if the phrases “manifestly contrary to public policy” and a “flagrant breach of the ECHR” were to be compared, it may be just as arguable that a manifest breach of Article 6, not a standard one, is required for the operation of Article 34(1) of the Brussels Regulation. However, this may not be unwarranted in the context of judgments of Contracting States, as noted. Through Krombach v Bamberski , the housing of Article 6 under public policy effectively creates a hierarchical system, whereby EC rules have precedence over human rights rules, particularly because of the ignorance of the indirect effect doctrine. However, this may not be wholly unwelcome in light of the potential existence of a common EC public policy, somewhat emanating from the harmonisation through the ECHR in 1950. Moreover, as Meidanis suggests, the ECJ appears to see the protection of human rights as the common core of the European public policy and is prepared to sacrifice the basic principle of the free movement of judgments of the Brussels Convention to ensure protection of human rights. Notwithstanding, as noted, in other contexts, the ECJ does not so respect human rights, particularly highlighted by its emphatic rejection of Article 6 in Gasser. Although the flexibility through the public policy exception does not extend to the rules relating to jurisdiction, there are other mechanisms for protecting human rights within the Brussels Convention and, especially, the Brussels Regulation. 5.2. Recognition of Non-Contracting State Judgments More difficulty arises with recognition of a judgment obtained in a non-Contracting State. 5.2.1. European Court of Human Rights Such recognition was permitted without reference to Article 6 in Drozd and Janousek. However, in Pellegrini v Italy, the ECtHR held that the Italian court could not recognise a judgment obtained in a Vatican City court in contravention of Article 6 standards. This was so despite a Concordat between Italy and the Vatican requiring such recognition. Pellegrini can be considerably demarcated from the Soering/Drozd line of cases, which requires a flagrant breach to have occurred in the non-Contracting State, the underpinning theory being the “reduced effect of public policy.” Instead, Pellegrini requires full compliance with Article 6 standards as if the foreign court were party to the ECHR, such that failure to review a judgment against which standards is a risky practice. Notwithstanding, the actual breach of Article 6 standards in Pellegrini was flagrant, despite the court’s omission of this, and therefore the judgment may not represent such a large departure from Drozd. Moreover, the “reduced effect of public policy” approach of Drozd was followed eight days prior to Pellegrini in Prince Hans-Adam II of Liechtenstein v Germany. However, it is difficult to distinguish Hans-Adam II on its facts particularly given the sweeping reasoning in Pellegrini. Thus, as it stands, Pellegrini is the leading authority, prescribing the need for a review of foreign judgments against full Article 6 standards, ensuring full protection for the right to a fair trial. It is nevertheless hoped by some that the case will be revisited, perhaps with the preference of a variable standard. Further, a dictum in Pellegrini may have the effect of requiring such review only where the judgment emanates from the courts of a State not party to the Convention. Hence, as Kinsch submits, an a contrario reading may be imputed, such that review of Article 6 standards is optional where the judgment emanates from a Contracting State. However, this may not be wholly unwelcome given that the Member States of the EU are party to the ECHR in addition to the Brussels Convention and Regulation, which seek to limit the power of public policy from preventing recognition of judgments. 5.2.2. House of Lords In stark contrast to Pellegrini, the House of Lords in Montgomery required a “flagrant” breach in the United States, a non-Contracting State, for the judgment not to be recognised. Such a flagrant breach was not created in the United States and hence recognition of a judgment breaching regular Article 6 standards was permitted. In its judgment, the House of Lords attempted to distinguish Pellegrini through the existence of the Concordat between Italy and the Vatican City, which required Italy to ensure that the Vatican court’s procedure complied with the fundamental principles of Italian legal system, one being Article 6. However, this is hard, if not impossible, to understand, particularly since it assumes that the Concordat of 1929, as amended, could incorporate ECHR standards, when the Vatican City deliberately refused to subscribe to the ECHR. Further, the ECtHR in Pellegrini did not suggest in its judgment that the relationship between Italy and the Vatican was material to its decision. Therefore, Montgomery is seen to be wrong in so distinguishing Pellegrini. Briggs and Rees further suggest that the House of Lords applied the wrong test in Montgomery because of the analysis of deportation cases, such as Soering. In such a case, a prediction is required, whereas in Montgomery, or indeed in any case concerning recognition, there was no need for such a prediction as the foreign judgment could already be seen to have breached Article 6. However, Soering requires that the person “has suffered or risks suffering a flagrant denial of a fair trial (emphasis added.)” If he has already suffered a breach, there is no need for a prediction to be made; instead, the reason for the standard of flagrancy is based on the “reduced effect of public policy” theory, an approach followed in Drozd, as noted. The reasoning of Briggs and Rees in this respect is akin to that of the Court of Appeal in Montgomery where Lord Woolf CJ stated that “the reference in [Soering at [113]] to a future flagrant breach of Article 6 was no more than a dicta which should not be applied to the enforcement of a court order of a non-Contracting State.” However, Drozd, which was not cited to, or considered by, the Court of Appeal, expressly requires such a flagrant breach of Article 6 if enforcement of a court order of a non-Contracting State is to be denied, which clearly has nothing to do with making predictions. Instead, as Briggs and Rees indeed note, the reason why the House of Lords applied the wrong test in Montgomery is that Pellegrini, the leading ECtHR authority which overrides Drozd, was wrongly distinguished and therefore permitted recognition of a judgment in contravention of ECHR jurisprudence. It may be argued that this was not a case of human rights not being taken seriously, but was merely a case of wrongful interpretation of human rights law, yet this could only be accepted upon an assumption of the incompetence of the House of Lords. 5.3. Conclusions The leading authority of the ECtHR on operation of the indirect effect doctrine with respect to recognising foreign judgments, Pellegrini demands a review of full compliance with Article 6 standards of foreign judgments, perhaps limited to those emanating from non-Contracting State courts. Through this, the right to a fair trial can be fully upheld in national courts and, in the UK, breach of Section 6 of the HRA 1998 can be avoided. Notwithstanding, the House of Lords effectively got human rights wrong, thus paving the way forward for reduced protection of Article 6 in the UK. However, this area is not devoid of hope; to effect compliance with this framework, Montgomery must be overturned, which does not appear too remote a possibility given the extensive criticism of the case.

How to conclude a first class law dissertation

The conclusion to your dissertation is, arguably, the most important part and is, therefore, potentially a major differentiator between a first class dissertation and a second class one.

There are three things which you should bear in mind:-

1. A well-written dissertation, thesis, essay or, indeed, any story should have three main parts to it: an introduction; a main body; and a conclusion. It reflects any good piece of oratory: say what you’re going to say, say it, then say what you’ve said. In your conclusion, you are, thus, trying to tell the audience what you’ve said throughout your dissertation. If the word limit is 10,000 words, 800-1000 words should, ideally, be used on your conclusion;

2. Don’t be afraid to put your foot into the icy water. As stated in an earlier section you should not be afraid to come to powerful conclusions even if they challenge the views of other academics, practitioners or even the general public, provided that your views can be fairly and reasonably supported. Which brings us to the third and most important aspect of any conclusion;

3. A well drafted conclusion should refer back to your analysis throughout your dissertation to support your suggested conclusions; it should not allow you to raise new arguments or thoughts which you haven’t already considered. Think about it like a civil proof in court: you conduct an examination-in-chief in which you ask open questions to get evidence from your witness; your opponent then cross-examines your witness to test their evidence; you then get a chance to re-examine the witness but you do NOT get a chance to raise anything new that was not covered in cross.

The conclusion to my dissertation, different from my Juridical Review version, is as below. Given the recent Supreme Court criminal law decision of Cadder v HMA, for which see the ScotsLawBlog Cadder article , the final words on getting human rights right attract even greater significance.

6. CONCLUSIONS The right to a fair trial has produced much concern in the conflict of laws arena today, a particular result of the evolution of a more stringent human rights culture in the United Kingdom. In the field of civil jurisdiction, the right to a trial within reasonable time and the right of access to a court, two of the most fundamental substantive rights of Article 6 ECHR, have emerged; in the sphere of recognition and enforcement of foreign judgments, the indirect effect doctrine, a key procedural element of the ECHR, which protects the right to a fair trial indirectly but nevertheless just as significantly, has arisen. International private law mechanisms exist for the reconciliation of Article 6 with the sphere of civil jurisdiction and judgments. The extent to which these can be utilised to protect the right to a fair trial is undoubtedly immense. At the most extreme end of protection, Fawcett’s hybrid model could provide great procedural legal certainty, such that human rights concerns will be identified first, using ECtHR jurisprudence, following which international private law mechanisms can resolve these concerns with their inherent flexibility. This strict approach is not unwarranted, particularly where judges fail to see the function or even importance of human rights. Pertinent examples include the misapplication of human rights by the House of Lords in Montgomery , which indeed must be rectified, and other approaches not confined to the courts of the United Kingdom; for instance, the embarrassingly misguided approach of the ECJ in Gasser , where it refused to recognise human rights concerns in its myopic pursuit of the objectives of the Brussels regime, unyielding with respect for concerns of private parties, when there were measures available for reconciliation. This appears even more inadequate in light of Advocate General Léger’s later suggestions that forum non conveniens may actually be incompatible with Article 6, when the doctrine is more than justifiable as it seeks to produce faster and more economic litigation, through both the first and second limbs of Spiliada. Notwithstanding, the need for Fawcett’s model is more questionable in other situations; for instance, in those cases involving potential indirect breaches of Article 6 when transferring actions abroad, flexible international private law mechanisms appear to have been applied in a manner sufficiently compliant with the ECHR, regardless of the characterisation of the breach as one of Article 6 or simply of the demands of justice. For example, the second limb of Spiliada has effectively prevented stays where there is a real risk of a flagrant breach abroad, as is the Soering threshold for such an indirect breach, whether regarding unreasonable delay or lack of access to a court. Fawcett concedes that the overall result of many cases will remain unchanged but suggests that “borderline” cases may exist which pose as pitfalls for the courts. However, the requirement of flagrancy, as he correctly applied at the beginning of his analysis, makes the existence of such cases difficult, if not impossible, to imagine in practice. In this respect, Fawcett appears to be advocating an approach extending beyond avoiding breaching Article 6; instead, he is actively aiming at protection of a fair trial beyond the Article 6 threshold. However, this is not unwelcome; the importance of Article 6 is so great that it is worth adopting the strict approach. The consistent use of ECHR jurisprudence at the outset will, at the very least, prevent a breach of Section 2 of the HRA 1998; further, it may assist those judges who are misguided or fail to see the importance of human rights today. Ultimately, a strict approach may provide for considerable legal certainty in a fast and growing area of law which demands firm, human rights orientated answers.

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How to write a bibliography to conclude your first-class dissertation

There are three stages for completing an abundant and competent bibliography. First, go into the footnotes on your document, select all, copy and paste to the foot of your article, then separate into different categories. Then, second, go back through the materials which you have read and add them. Finally, third, sort alphabetically using Word or Excel.

7. BIBLIOGRAPHY 7.1. TABLE OF CASES A and others v Denmark [1996] ECHR 2 AG of Zambia v Meer Care and Desai [2005] EWHC 2102 (Ch), appeals dismissed [2006] EWCA Civ 390 Airbus Industrie GIE v Patel [1999] 1 AC 119 Airey v Ireland [1979] ECHR 3 Al-Bassam v Al-Bassam [2004] EWCA Civ 857 Amuur v France (1996) 22 E.H.R.R. 533 Andreucci v Italy [1992] ECHR 8 Ashingdane v United Kingdom [1985] ECHR 8 Att. Gen. v Arthur Anderson & Co [1989] ECC 224 Axelsson v. Sweden, no.11960/86, 13 July 1990 Bensaid v United Kingdom (2001) 33 EHRR 10 Berghofer v. ASA SA Case 221/84 [1985] ECR 2699 Berisford Plc v New Hampshire Insurance [1990] 2 QB 631 Bock v. Germany [1989] ECHR 3 Boddaert v Belgium (1993) 16 EHRR 242 Bosphorus Hava Yollari Turizm Ve Ticaret Anonim Sirketi(“Bosphorus Airways“) v Ireland (2006) 42 EHRR 1 Bottazzi v. Italy [1999] ECHR 62 Brazilian Loans (PCIJ Publications, Series A, Nos. 20-21, p.122) Bristow Heliocopters v Sikorsky Aircraft Corporation [2004] 2 Ll Rep 150 British Airways v Laker Airways [1983] AC 58 British South Africa Co v Companhia de Moçambique [1893] AC 602 Buchholz v Germany [1981] ECHR 2 Carel Johannes Steven Bentinck v Lisa Bentinck [2007] EWCA Civ 175 Ceskoslovenska Obchodni Banka AS v Nomura International Plc [2003] IL Pr 20 Chellaram v Chellaram [1985] 1 Ch 409 Connelly v RTZ Corpn plc [1998] AC 854 Credit Agricole Indosuez v Unicof Ltd [2004] 1 Lloyd.s Rep 196 Cumming v Scottish Daily Record and Sunday Mail Ltd, The Times June 8, 1995 Darnell v United Kingdom (1993) 18 EHRR 205 Delcourt v Belgium (1979-80) 1 EHRR 355 Derbyshire CC v Times Newspapers Ltd [1992] QB 770 Deweer v Belgium (1979-80) 2 EHRR 439 Di Mauro v. Italy ECHR 1999-V Drozd and Janousek v France and Spain (1992) 14 EHRR 745 Eckle v Germany (1983) 5 EHRR 1 Elderslie Steamship Company v Burrell (1895) 22 R 389 Elefanten Schuh GmbH v Jacqmain (Case 150/80) [1981] ECR 1671 Erich Gasser GmbH v Misat Srl, C-116/02 [2005] QB 1 ERT v DEP C-260/89 [1991] ECR I-2925 F v Switzerland [1987] ECHR 32 Ferrari v Italy [1999] ECHR 64 Foti v Italy (1982) EHRR 313 Fritz and Nana v France, 75 DR 39 Golder v. United Kingdom [1975] ECHR 1 Gorbachev v Russia, No. 3354/02, Judgment of 15 February 2007. Government of the United States of America v Montgomery (No 2) [2004] UKHL 37 Guincho v Portugal (1984) 7 EHRR 223 H v France (1990) 12 EHRR 74 Hesperides Hotels Ltd v Aegan Turkish Holidays Ltd [1979] AC 508 Hewit’s Trs v Lawson (1891) 18 R 793. Huseyin Erturk v Turkey [2005] ECHR 630. Irish Shipping Ltd v Commercial Union [1991] 2 QB 206. Iveco Fiat v Van Hool Case 313/85 [1986] ECR 3337 Jones v Saudi Arabia [2004] EWCA Civ 1394 JP Morgan Europe Ltd v Primacom [2005] EWHC 508 Katte Klitsche de la Grange v Italy (1994) 19 EHRR 368 Klockner Holdings GmbH v Klockner Beteiligungs GmbH [2005] EWHC 1453 Konamaneni v Rolls-Royce Industrial Power (India) Ltd [2002] 1 WLR 1269 Konig v Federal Republic of Germany (1978) 2 EHRR 170 Krombach v Bamberski Case C-7/98 [2001] QB 709 Kudla v Poland [2000] ECHR 512 Lacey v Cessna Aircraft (1991) 932 F.2d 170 Ledra Fisheries Ltd v Turner [2003] EWHC 1049 Lubbe v Cape Industries Plc [2000] 2 Lloyd’s Rep. 383 Malone v United Kingdom (1985) 7 EHRR 1 Malstrom v Sweden (1983) 38 Decisions and Reports 18 Manieri v Italy [1992] ECHR 26 Margareta and Roger Andersson v Sweden (1992) 14 EHRR 615. Markovic v Italy [2006] ECHR 1141 Maronier v Larmer [2003] QB 620 Matthews v United Kingdom [1999] ECHR 12. Messier-Dowty v Sabena [2000] 1 WLR 2040 Netherlands 6202/73 1975 1 DR 66 OT Africa Line Ltd v Hijazy (The Kribi) [2001] Lloyd’s Rep 76 Owens Bank Ltd v Bracco [1992] 2 AC 433 Owners of the Atlantic Star v Owners of the Bona Spes (The Atlantic Star and The Bona Spes) [1974] AC 436 Owusu v Jackson and Others C-281/02 [2005] QB 801 Pafitis v Greece (1999) 27 EHRR 566 Pfeiffer and Plankl v Austria (1992) 14 EHRR 692 Philip Morris International Inc v Commission of the European Communities [2003] ECR II-1 Prince Hans-Adam II of Liechtenstein v Germany ECHR 2001-VIII. R (Razgar) v Special Adjudicator [2004] 1 AC 368 R v Jones [2003] 1 AC 1 R. (Alconbury Developments Ltd) v Secretary of State for the Environment [2001] 2 WLR 1389 R. (on the application of Ullah) v Special Adjudicator [2004] UKHL 26 Riccardo Pizzati v Italy [2006] ECHR 275 Robins v United Kingdom (1998) 26 EHRR 527 Salesi v Italy [1993] ECHR 14 Salotti v RUWA Case 23/76 [1976] ECR 1831 Santambrogio v Italy [2004] ECHR 430 Scopelliti v Italy (1993) 17 EHRR 493 Sim v Robinow (1892) 19 R 665 Soc Divagsa v Spain (1993) 74 DR 274. Soering v United Kingdom (1989) 11 EHRR 439 Spiliada Maritime Corporation v Cansulex Lid [1987] 1 AC 460 Standard Steamship Owners Protection and Indemnity Association v Gann [1992] 2 Lloyd’s Rep 528 Stogmuller v Austria (1979) 2 EHRR 155 Stubbings v United Kingdom [1996] ECHR 44 Sunday Times v United Kingdom (1979-80) 2 EHRR 245 The Al Battani [1993] 2 Lloyd’s Rep 219 The Benarty [1984] 2 Lloyd’s Rep 244 The Fehmarn [1958] 1 WLR 159 The Jalakrishna [1983] 2 Lloyd’s Rep. 628 The Lakhta [1992] 2 Lloyd’s Rep 269 The Nile Rhapsody [1992] 2 Lloyd’s Rep 399 The Pioneer Container [1994] 2 AC 324 The Polessk [1996] 2 Lloyd’s Rep 40 The Vishva Ajay [1989] 2 Lloyd’s Rep 558 Toepfer International G.M.B.H. v. Molino Boschi Srl [1996] 1 Lloyd’s Rep. 510 Trendex v Credit Suisse [1982] AC 679 Turner v Grovit and Others [2005] 1 AC 101 Union Alimentaria SA v Spain (1990) 12 EHRR 24 Vocaturo v Italy [1991] ECHR 34. Wemhoff v Germany (1968) 1 EHRR 55 Winterwerp v The Netherlands [1979] ECHR 4 X v France [1992] ECHR 45 Xn Corporation Ltd v Point of Sale Ltd [2001] I.L.Pr. 35 Z and Others v. United Kingdom (2002) 34 EHRR 3 Zimmermann and Steiner v Switzerland [1983] ECHR 9 7.2. TABLE OF LEGISLATION European Union EC Treaty Art 6(2) Art 307 Council Regulation 44/2001 (Brussels Regulation) Art 2 Art 4 Art 27 Art 28 Art 30 Art 34(1) Art 34(2) Art 35(3) Art 71 Italy Law no.89 of 24 March 2001 (the “Pinto Act”). United Kingdom Civil Jurisdiction and Judgments Act 1982 Civil Procedure Rules 1998 Part 11 r 3.1(2)(f) Human Rights Act 1998 (HRA 1998) s1(1)(a) s2(1)(a) s3(1) s6(3)(a) 7.3. TABLE OF CONVENTIONS Brussels Convention on Jurisdiction and Judgments in Civil and Commercial Matters (Brussels Convention) Art 21 Art 22 Art 57 European Convention on Human Rights (ECHR) Art 5 Art 6 Art 7 Art 13 7.4. TEXTBOOKS Anton, A.E., and Beaumont, P., 1995. Anton & Beaumont’s Civil Jurisdiction in Scotland: Brussels and Lugano Conventions. 2nd ed ., Edinburgh: Greens Bell, A., 2003. Forum Shopping and Venue in Transnational Litigation. Oxford: OUP Briggs, A., 2002. The Conflict of Laws, Oxford: OUP. Briggs, A., and Rees, P., 2002. Civil Jurisdiction and Judgments. 3rd ed., London: LLP Briggs, A., and Rees, P., 2005. Civil Jurisdiction and Judgments. 4rd ed., London: LLP Clarkson, C.M.V., and Hill, J., 2002. Jaffey on the Conflict of Laws. 2nd ed., Oxford: OUP Clarkson, C.M.V., and Hill, J., 2006. The Conflict of Laws. New York: OUP Clayton, R. and Tomlinson, H., 2000. The Law of Human Rights. Oxford: OUP Collier, J.C., 2001. Conflict of Laws. 3rd ed., Cambridge: Cambridge University Press. Collins, L., et al (eds), 2006. Dicey Morris and Collins on the Conflict of Laws. 14th ed. London: Sweet and Maxwell Crawford, E.B., and Carruthers, J.M., 2006. International Private Law in Scotland. 2nd ed, Edinburgh: Greens Einhorn, T. and Siehr, K., 2004. Intercontinental Cooperation Through Private International Law – Essays in Memory of Peter E. Nygh. The Hague, The Netherlands: T.M.C. Asser Press. Fawcett, J.J., 1995. Declining jurisdiction in private international law: reports to the XIVth congress of the International Academy of Comparative Law, Athens, August 1994. Oxford: Clarendon Press Fawcett, J.J., Harris, J. and Bridge, M., 2005. International Sale of Goods in the Conflict of Laws. Oxford: OUP Grosz, S., Beatson, J. and Duffy, P., 2000. Human Rights: The 1998 Act and the European Convention,.London: Sweet and Maxwell Harris, D.J., O’Boyle, M., Warbrick, C., 1995. Law of the European Convention on Human Rights. London: Butterworth Hill, J., 2005. International Commercial Disputes in English Courts. 3rd ed Portland: Hart Publishing McClean, D. and Beevers, K., 2005. Morris on the Conflict of Laws. 6th ed., London: Sweet and Maxwell North, P.M. and Fawcett, J.J., 2004. Cheshire and North’s Private International Law. 13th ed. Oxford: OUP Ovey, C. and White, R., 2002. The European Convention on Human Rights. New York: OUP Raitio, J., 2003. The Principle of Legal Certainty in EC Law. The Netherlands: Kluwer Academic Publishers Reed, R. and Murdoch, J., 2001. A Guide to Human Rights Law in Scotland. Edinburgh: Butterworths Scotland Starmer, K., 1999. European Human Rights Law. London: Legal Action Group 7.5. ARTICLES Baldwin, J., and Cunnington, R., 2004. “The Crisis in Enforcement of Civil Judgments in England and Wales.” 2004 PL (SUM) 305-328 Briggs, A., 2005a. “Foreign Judgments and Human Rights.” 121(APR) L.Q.R. 185-189 Briggs, A., 2005b. “The Death of Harrods: Forum non Conveniens and the European Court.” 121(OCT) L.Q.R. 535-540 Clarke, A., 2007. “The Differing Approach to Commercial Litigation in the European Court of Justice and the Courts of England and Wales” 18 E.B.L.Rev. 101-129 Collins, L., 1995. “The Brussels Convention Within the United Kingdom”, 111 LQR 541 Costa, J-P., 2002, Rivista internazionale dei diritti dell’uomo, 435, cited in Kinsch, P., 2004. “The Impact of Human Rights on the Application of Foreign Law and on the Recognition of Foreign Judgments – A Survey of the Cases Decided by the European Human Rights Institutions,” in Einhorn, T. and Siehr, K., 2004. Intercontinental Cooperation Through Private International Law – Essays in Memory of Peter E. Nygh, The Hague, The Netherlands: T.M.C. Asser Press, pp197-228, p228 n100 Crawford, E.B., 2005. “The Uses of Putativity and Negativity in the Conflict of Laws.” 54 ICLQ 829-854 Crifo, C., 2005. “First Steps Towards the Harmonisation of Civil procedure: The Regulation Creating a European Enforcement Order for Uncontested Claims.” C.J.Q. 2005, 24(APR), 200-223 Eardley, A., 2006. “Libel Tourism in England: Now the Welcome is Even Warmer.” 17(1) Ent. L.R. 35-38 Fabri, M., and Langbroek, P.M., 2003. “Preliminary draft report: Delay in Judicial Proceedings: A preliminary Inquiry into the Relation Between the Demands of the Reasonable Time Requirements of Article 6(1) ECHR and Their Consequences for Judges and Judicial Administration in the Civil, Criminal and Administrative Justice Chains”, CEPEJ (2003) 20 Rev Farran, S., 2007. “Conflicts of Laws in Human Rights: Consequences for Colonies”, (2007) 1 EdinLR 121 Fawcett, J.J., 2007. “The Impact of Article 6(1) of the ECHR on Private International Law.” 56 ICLQ 1-48 Fentiman, R., 2005. “English Domicile and the Staying of Actions” [2005] 64 CLJ 303 Flannery, L., 2004. “The End of Anti-Suit Injunctions?” New Law Journal, 28 May 2004, 798 Franzosi, M., 2002. “Torpedoes are here to stay” [2002] 2 International Review of Industrial Property and Copyright Law 154 Franzosi, M., 1997. “Worldwide Patent Litigation and the Italian Torpedo” 19 (7) EIPR 382 Green, L., 1956. “Jury Trial and Mr. Justice Black,” 65 Yale LJ 482 Halkerston, G., 2005. “A Funny Thing Happened on the Way to the Forum.” 155 NLJ 436 Hare, C., “Forum non Conveniens in Europe: Game Over or Time for ‘Reflexion’” JBL 2006, Mar, 157-179 Harris, J., 2001. “The Brussels Regulation.” 20 Civil Justice Quarterly 218 Harris, J., 2005. “Stays of Proceedings and the Brussels Convention.,” 54 ICLQ 933 Hartley, T.C., 1994. “Brussels Jurisdiction and Judgments Convention: Agreement and Lis Alibi Pendens.” 19(5) E.L.Rev 549-552 Hartley, T.C., 2001. “International Law and the Law of the European Union – A Reassessment”, 72 BYBIL 1 Hartley, T.C., 2005a. “Choice-of-court agreements, lis pendens, human rights and the realities of international business: reflection on the Gasser case” in Le droit international privé: mélanges en l’honneur de Paul Lagarde, (Dalloz, Paris, 2005), pp383-391 Hartley, T.C., 2005b. “The European Union and the Systematic Dismantling of the Common Law Conflict of Laws”, 54 ICLQ 813 Higgins, R., 2006. “A Babel of Judicial Voices? Ruminations From the Bench.” 55 ICLQ 791-804. Hogan, G., 1995. “The Brussels Convention, Forum non Conveniens and the Connecting Factors Problem.” 20(5) E.L. Rev. 471-493 Hood, K.J., 2006. “Drawing Inspiration? Reconsidering the Procedural Treatment of Foreign Law.” 2(1) JPrIL 181-193. Hunt, M., 1998. “The “Horizontal Effect” of the Human Rights Act”. 1998 Public Law 423-443 Hunter-Henin, M., 2006. “Droit des personnes et droits de l’homme: combinaison ou confrontation? (Family Law and Human Rights: Can They Go Along or Do They Exclude Each Other?),” 95(4) Revue critique de droit international privé pp743-775. Kennett, W., 1998. “Service of Documents in Europe.” 17(JUL) C.J.Q. 284-307 Kennett, W., 2001. “The Brussels I Regulation.” 50 ICLQ 725 -737 Kennett, W., 2001. “The Enforcement Review: A Progress Report.” 20(Jan) CJQ 36-57 Kennett, W., and McEleavy, P., 2002. “(Current Development): Civil and Commercial Litigation” 51 ICLQ 463 Kinsch, P., 2004. “The Impact of Human Rights on the Application of Foreign Law and on the Recognition of Foreign Judgments – A Survey of the Cases Decided by the European Human Rights Institutions,” in Einhorn, T. and Siehr, K., 2004. Intercontinental Cooperation Through Private International Law – Essays in Memory of Peter E. Nygh, The Hague, The Netherlands: T.M.C. Asser Press, pp197-228. Lester, A., and Pannick, D., 2000. “The Impact of the Human Rights Act on Private Law: The Knight’s Move.” 116 LQR 380-385 Loucaides, L.G., 2003. “Questions of a Fair Trial Under the European Convention on Human Rights.” (2003) HRLR 3(1), pp27-51. Lowenfield, A.F., 2004. “Jurisdiction, Enforcement, Public Policy and Res Judicata: The Krombach Case,” in in Einhorn, T. and Siehr, K., 2004. Intercontinental Cooperation Through Private International Law – Essays in Memory of Peter E. Nygh, The Hague, The Netherlands: T.M.C. Asser Press, pp229-248 Mance, J., 2004a. “Civil Jurisdiction in Europe – Choice of Court Clauses, Competing Litigation and Anti-Suit Injunctions – Erich Gasser v. Misat and Turner v. Grovit: Address to Second Conference of European Commercial Judges, (“Problems of enforcement of european law”)” Paris – 14th October 2004; http://www.courdecassation.fr/formation_br_4/2004_2034/jonathan_mance_8239.html, (Accessed 10 March 2007) Mance, J., 2004b. “Exclusive Jurisdiction Agreements and European Ideals.” 120 LQR 357 Mance, J., 2005. “The Future of Private International Law.” 1(2) JPrIL 185-195 Mance, J., 2007. “Is Europe Aiming to Civilise the Common Law?” 18 EBLRev 77-99 McLachlan, C., 2004. “International Litigation and the Reworking of the Conflict of Laws” 120(OCT) LQR 580-616 Meidanis, H.P., 2005. “Public Policy and Ordre Public in the Private International Law of the EU: Traditional Positions and Moderns Trends.” 30(1), ELRev, 95-110 Merrett, L., 2006. “The Enforcement of Jurisdiction Agreements within the Brussels Regime,” 55 ICLQ 315 Muir Watt, H., 2001. “Evidence of an Emergent European Legal Culture: Public Policy Requirements of Procedural Fairness Under the Brussels and Lugano Conventions.” 36 Tex. ILJ, p. 539. North, P., 2001. “Private International Law: Change or Decay?” 50 ICLQ 477-508 Orakhelashvili, A., 2006. “The Idea of European International Law.” 17 Eur. J. Int’l L. 315 Peel, E., 2001. “Forum non Conveniens Revisited.” 117(APR) L.Q.R. 187-194 Robertson, D.W., 1987. “Forum Non Conveniens in America and England: ‘A rather fantastic fiction’.” 103 LQR 398 Robert-Tissot, S., and Smith, D., 2005. “The Battle for Forum”, New Law Journal, 7 October 2005, p1496 Robert-Tissot, S., 2005. “The Battle for Forum.” 155 NLJ 1496 Rodger, B.J., 2006. “Forum non Conveniens: Post Owusu.” 2(1) JPrIL 71 Schiavetta, S., 2004. “The Relationship Between e-ADR and Article 6 of the European Convention of Human Rights pursuant to the Case Law of the European Court of Human Rights.” 2004 (1) The Journal of Information, Law and Technology (JILT). http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2004_1/schiavetta/ (Accessed 28 February 2007) Sinopoli, L., 2000. Le droit au procès équitable dans les rapports privés internationaux (doctoral dissertation, University of Paris-I, 2000) Slater, A.G., 1988. “Forum Non Conveniens: A View From the Shop Floor.” 104 LQR 554 Svantesson, D.J.B., 2005. “In Defence of the Doctrine of Forum Non Conveniens.” (2005) HKLJ 395 Van Hoek: 2001. “Case note on Krombach v Bamberski” (2001) 38 CMLR 1011. Wade, H.W.R., 2000. “Horizons of Horizontality.” 116 LQR 217-224 Williams, J.M., 2001. “Forum non Conveniens, Lubbe v Cape and Group Josi v Universal General Insurance.” J.P.I. Law 2001, 1, 72-77 Zhenjie, H., 2001. “Forum Non Conveniens: An Unjustified Doctrine.” 48 NILR 143

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Tips for Achieving a First in an LLB Dissertation

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• Tips for Students
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Article written by Caitlin Graham, Lancaster University LLB graduate.

A dissertation is essentially an extended piece of coursework. It involves researching about and writing 10,000 words on a legal topic of your choice.

This article aims to provide undergraduate law students who have chosen to study a dissertation with some useful tips and advice which they will hopefully find helpful in achieving a first in their dissertation.

Choose a topic which is topical and which you find interesting.

Since you will spend hours and hours researching your choice of topic, reading about it, and writing about it, it is crucial to base your dissertation on a subject which you personally find interesting.

If you think you would like to complete a dissertation but are unsure of what to write about, a good start is first, to narrow it down by choosing an area of law which you are most interested in. For example, as I particularly enjoyed learning about criminal law, I knew that I would like to choose a topic related to this area. 

Once you have an idea of what area you would most like to write about, brainstorm what parts of it are the most contentious, the most relevant, and which you are most drawn to.

Then, take some time to find some primary and secondary sources on the topic you are looking at to ensure that there will be enough material out there for you when you do your proper in-depth research.

Start researching in the summer.

Speaking of research, it is very useful to at least start your research in the summer prior to your final year when you will be officially studying the dissertation module. 

Whilst it is most likely that you will conduct further research whilst writing up your dissertation, completing a decent amount of research in the summer, by finding and reading academic articles, newspaper articles, blog pieces, case law, and by watching any relevant documentaries/films, means that you will save so much time in the long-run. Additionally, it will prepare you to be able to begin writing your dissertation sometime in the beginning of Michaelmas term which is beneficial because it will be easier to balance studying and revision for your other modules, thereby making your final year less stressful.

Stay proactive in communicating with your dissertation supervisor.

It is your responsibility to maintain regular contact with your dissertation supervisor, whether by email or in-person. 

Personally, I only had a couple of in-person meetings with my dissertation supervisor and instead, kept in regular contact with her throughout the year via email whenever I had either made progress in a draft chapter, or, I had a general query, such as in relation to referencing or writing style. I chose to send my dissertation supervisor my most up-to-date draft every time I made some considerable progress, such as if I had completed a chapter, and she would then read it over and inform me of any pointers/feedback. I preferred this structure as it meant I knew that I was on the right track as I was writing and therefore, that I would not be wasting time.

Whilst this method worked for me, if you think that you may fall into the trap of not keeping on top of working on your dissertation unless someone is reminding you, a better option may be to set up weekly meetings with your dissertation supervisor and weekly targets.

Ensure your dissertation is easy to understand.

Do not presume your reader is a law professor/lecturer and knows anything about your topic. Aim to target your dissertation to someone who has no knowledge of the topic. Therefore, you will need to address any key legal terminology and provide clear definitions throughout.

One way to be confident that your dissertation is both easy to read and understand to all audiences is to ask a family member and/or friend to read your work.

Critical analysis is key.

In order to obtain the higher grades, you will need to ensure you show strong critical analysis. Critical analysis means engaging with primary and secondary sources. In other words, show whether you agree or disagree with an academic’s viewpoint or the judgment of a case, and more importantly, why!

Furthermore, critical analysis means you as the writer addressing both sides of the argument but concluding which side you agree with and why.

It is critical that your conclusions are clear and consistent to achieve the higher grades. This means that your research and points throughout your piece of academic writing should reinforce your overall arguments.

Imaan Fatima

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Law dissertations : a step-by-step guide

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• Introduction
• Finding and perfecting your topic
• From a topic to a question
• Creating a good research project
• Planning the project
• Creating a research plan
• Online research
• Methodology
• Empirical research
• Processing literature
• Literature review
• Writing the dissertation
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• Obtaining a first and avoiding fails
• Preparing for submission.

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Law dissertations : a step-by-step guide

Lammasniemi, Laura (2021) Law dissertations : a step-by-step guide. London: Routledge. ISBN 9780367568771

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Law Dissertations: A Step-by-Step Guide provides you with all the guidance and information you need to complete and succeed in your LLB, LLM or law-related dissertation. Written in a simple, clear format and with plenty of tools to help you to put the theory into practice, Laura Lammasniemi will show you how to make writing your law dissertation easy, without compromising intellectual rigour.

As well as explaining the process of research and outlining the various legal methodologies, the book also provides practical, step-by-step guidance on how to formulate a proposal, research plan, and literature review. Unlike other law research skills books, it includes a section on empirical research methodology and ethics for the benefit of students who are studying for a law-related degree.

Packed full of exercises, worked examples and tools for self-evaluation, this book is sure to become your essential guide, supporting you on every step of your journey in writing your law dissertation.

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HLS Dissertations, Theses, and JD Papers

S.j.d. dissertations, ll.m. papers, ll.m. theses, j.d. papers, submitting your paper to an online collection, other sources for student papers beyond harvard, getting help, introduction.

This is a guide to finding Harvard Law School (“HLS”) student-authored works held by the Library and in online collections. This guide covers HLS S.J.D Dissertations, LL.M. papers, J.D. third-year papers, seminar papers, and prize papers.

There have been changes in the HLS degree requirements for written work. The library’s collection practices and catalog descriptions for these works has varied. Please note that there are gaps in the library’s collection and for J.D. papers, few of these works are being collected any longer.

If we have an S.J.D. dissertation or LL.M. thesis, we have two copies. One is kept in the general collection and one in the Red Set, an archival collection of works authored by HLS affiliates. If we have a J.D. paper, we have only one copy, kept in the Red Set. Red Set copies are last resort copies available only by advance appointment in Historical and Special Collections .

Some papers have not been processed by library staff. If HOLLIS indicates a paper is “ordered-received” please use this form to have library processing completed.

The HLS Doctor of Juridical Science (“S.J.D.”) program began in 1910.  The library collection of these works is not comprehensive. Exceptions are usually due to scholars’ requests to withhold Library deposit. 

• HLS S.J.D. Dissertations in HOLLIS To refine these search results by topic or faculty advisor, or limit by date, click Add a New Line.
• Hein’s Legal Theses and Dissertations Microfiche Mic K556.H45x Drawers 947-949 This microfiche set includes legal theses and dissertations from HLS and other premier law schools. It currently includes about 300 HLS dissertations and theses.
• Hein's Legal Theses and Dissertations Contents List This content list is in order by school only, not by date, subject or author. It references microfiche numbers within the set housed in the Microforms room on the entry level of the library, drawers 947-949. The fiche are a different color for each institution.
• ProQuest Dissertations and Theses @ Harvard University (Harvard login) Copy this search syntax: dg(S.J.D.) You will find about 130 SJD Dissertations dated from 1972 to 2004. They are not available in full text.
• DASH Digital Access to Scholarship at Harvard Sponsored by Harvard University’s Office for Scholarly Communication, DASH is an open repository for research papers by members of the Harvard community. There are currently about 600 HLS student papers included. Unfortunately it is not possible to search by type of paper or degree awarded.

The Master of Laws (“LL.M.”) degree has been awarded since 1923. Originally, the degree required completion of a major research paper, akin to a thesis. Since 1993, most students have the option of writing the LL.M. "short paper."  This is a 25-page (or longer) paper advised by a faculty supervisor or completed in conjunction with a seminar.  Fewer LL.M. candidates continue to write the more extensive "long-paper." LL.M. candidates holding J.D.s from the U.S. must write the long paper.

• HLS Written Work Requirements for LL.M. Degree The current explanation of the LL.M. written work requirement for the master of laws.

The library generally holds HLS LL.M. long papers and short papers. In recent years, we require author release in order to do so. In HOLLIS, no distinction is made between types of written work created in satisfaction of the LL.M. degree; all are described as LL.M. thesis. Though we describe them as thesis, the law school refers to them solely as papers or in earlier years, essays. HOLLIS records indicate the number of pages, so at the record level, it is possible to distinguish long papers.

• HLS LL.M. Papers in HOLLIS To refine these search results by topic, faculty advisor, seminar or date, click Add a New Line.

HLS LL.M. Papers are sometimes available in DASH and Hein's Legal Dissertations and Theses. See descriptions above .

The HLS J.D. written work requirement has changed over time. The degree formerly required a substantial research paper comparable in scope to a law review article written under faculty supervision, the "third year paper." Since 2008, J.D. students have the option of using two shorter works instead.

Of all those written, the library holds relatively few third-year papers. They were not actively collected but accepted by submission from faculty advisors who deemed a paper worthy of institutional retention. The papers are described in HOLLIS as third year papers, seminar papers, and student papers. Sometimes this distinction was valid, but not always. The faculty deposit tradition more or less ended in 2006, though the possibility of deposit still exists. 

• J.D. Written Work Requirement
• Faculty Deposit of Student Papers with the Library

HLS Third Year Papers in HOLLIS

To refine these search results by topic, faculty advisor, seminar or date, click Add a New Line.

• HLS Student Papers Some third-year papers and LL.M. papers were described in HOLLIS simply as student papers. To refine these search results, click "Add a New Line" and add topic, faculty advisor, or course title.
• HLS Seminar Papers Note that these include legal research pathfinders produced for the Advanced Legal Research course when taught by Virginia Wise.

Prize Papers

HLS has many endowed prizes for student papers and essays. There are currently 16 different writing prizes. See this complete descriptive list with links to lists of winners from 2009 to present. Note that there is not always a winner each year for each award. Prize winners are announced each year in the commencement pamphlet.

The Library has not specifically collected prize papers over the years but has added copies when possible. The HOLLIS record for the paper will usually indicate its status as a prize paper. The most recent prize paper was added to the collection in 2006.

Addison Brown Prize Animal Law & Policy Program Writing Prize Victor Brudney Prize Davis Polk Legal Profession Paper Prize Roger Fisher and Frank E.A. Sander Prize Yong K. Kim ’95 Memorial Prize Islamic Legal Studies Program Prize on Islamic Law Laylin Prize LGBTQ Writing Prize Mancini Prize Irving Oberman Memorial Awards John M. Olin Prize in Law and Economics Project on the Foundations of Private Law Prize Sidney I. Roberts Prize Fund Klemens von Klemperer Prize Stephen L. Werner Prize

• Harvard Law School Prize Essays (1850-1868) A historical collection of handwritten prize essays covering the range of topics covered at that time. See this finding aid for a collection description.

The following information about online repositories is not a recommendation or endorsement to participate.

• ProQuest Dissertations and Theses HLS is not an institutional participant to this collection. If you are interested in submitting your work, refer to these instructions and note that there is a fee required, which varies depending on the format of submission.
• EBSCO Open Dissertations Relatively new, this is an open repository of metadata for dissertations. It is an outgrowth of the index American Doctoral Dissertations. The aim is to cover 1933 to present and, for modern works, to link to full text available in institutional repositories. Harvard is not one of the institutional participants.
• DASH Digital Access to Scholarship at Harvard

Sponsored by Harvard University’s Office for Scholarly Communication, this is an open repository for research papers by members of the Harvard community. See more information about the project. 

Some HLS students have submitted their degree paper to DASH.  If you would like to submit your paper, you may use this authorization form  or contact June Casey , Librarian for Open Access Initiatives and Scholarly Communication at Harvard Law School.

• ProQuest Dissertations and Theses (Harvard Login) Covers dissertations and masters' theses from North American graduate schools and many worldwide. Provides full text for many since the 1990s and has descriptive data for older works.
• NDLTD Networked Digital Library of Theses and Dissertations Union Catalog Worldwide in scope, NDLTD contains millions of records of electronic theses and dissertations from the early 1900s to the present.
• Law Commons of the Digital Commons Network The Law Commons has dissertations and theses, as well as many other types of scholarly research such as book chapters and conference proceedings. They aim to collect free, full-text scholarly work from hundreds of academic institutions worldwide.
• EBSCO Open Dissertations Doctoral dissertations from many institutions. Free, open repository.
• Dissertations from Center for Research Libraries Dissertations found in this resource are available to the Harvard University Community through Interlibrary Loan.
• British Library EThOS Dissertation source from the British Library listing doctoral theses awarded in the UK. Some available for immediate download and some others may be requested for scanning.
• BASE from Bielefeld University Library Index of the open repositoris of most academic institutions. Includes many types of documents including doctoral and masters theses.

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• Last Updated: Sep 12, 2023 10:46 AM
• URL: https://guides.library.harvard.edu/studentpapers

Harvard University Digital Accessibility Policy

Law Dissertations & Research Papers: Welcome

• Introducing Dissertation Research
• IdentifyYour Key Research Concepts
• Information Types
• Where to Search
• How to search
• Using Library Search
• Using Research Databases
• Evaluate your search results
• Reference your research materials This link opens in a new window
• Getting Help

How to use this online guide

This guide will introduce you to the skills and techniques you can use for effective library research for your dissertations and research projects.

You can work through each section using the menu tabs above, or the Next button at the bottom of the page.

You do not need to work through the entire guide in one session.  You can dip in and out as you work through the different stages of your dissertation research.

This guide aims to ...

• Build your confidence in planning and conducting your research to support your dissertation
• Highlight help and support available to you as you conduct your research

A workbook is available for download.  You can use this to make notes as you progress through the tutorial and plan your  library research strategy for your dissertation, project or research proposal.

• Workbook: Law Dissertations & Research Papers
• Next: Introducing Dissertation Research >>
• Last Updated: May 3, 2024 11:21 AM
• URL: https://libguides.exeter.ac.uk/lawdissertations

Mastering Law Advice For Writing A Dissertation

Writing a dissertation in law requires a significant amount of research and analysis. It is a complex and extensive process that demands a lot of commitment and hard work.

Before commencing, it is crucial to comprehend the essential steps for effectively completing a dissertation. This article will give an outline of the steps involved in writing a law dissertation, which includes:

• Selecting a research topic
• Conducting a literature review
• Developing a research methodology
• Creating an outline for the dissertation
• Writing, proofreading, and submitting the dissertation

Furthermore, this article will provide useful advice and tips for successfully finishing a dissertation in law.

Key Takeaways

Important points to remember

• Choosing a research topic involves taking into account one’s interests, available sources, and research approach.
• To conduct a literature review, one must find relevant secondary sources, define key terms and concepts, evaluate the sources’ appropriateness and relevance, and consider possible biases in the sources.
• Developing a research methodology requires careful consideration of data collection and analysis methods, ethical considerations, and presenting findings in a clear and engaging manner.
• Proper citation of sources and ensuring the validity and reliability of research are crucial for formatting and citing sources.

Select a Research Topic.

Selecting a research topic is a crucial prerequisite for a successful dissertation. Firstly, it is important to contemplate the areas of law that interest you and the research questions you wish to answer. Once you have narrowed down your focus, assess the sources at your disposal and determine which research approach to adopt. It is imperative to pay heed to the quality of the sources and consider the implications of any research findings. Furthermore, it is vital to remember that the research should be pertinent to your field of study and substantiated by the available evidence. By carefully considering the aforementioned factors, you will be able to select a research topic that is well-suited to your dissertation project.

Carry out a thorough review of existing literature.

When conducting a thorough literature review, it is vital to locate pertinent secondary sources, establish essential terms and concepts, and scrutinize the sources. In order to discover the most applicable sources, one should make use of resources such as academic databases, library catalogues, and online search engines. Once the sources have been located, the next step is to define key terms and concepts that are relevant to the topic at hand. This will assist in narrowing down the search and adopting a more targeted approach to the literature review. Finally, the sources should be assessed to determine their relevance and suitability for the literature review.

Find appropriate secondary sources.

Identifying appropriate secondary sources for a dissertation on law is crucial to provide a comprehensive context for the topic. When searching for secondary sources, the researcher must ensure that the sources are reputable and relevant to the topic.

This involves looking for sources related to law enforcement, the legal framework, and other relevant topics. It is also important to assess the source for accuracy and currency. For instance, if the dissertation focuses on current developments in law, it is essential to ensure that the secondary sources are not outdated.

Moreover, it is crucial to be mindful of the language used in the sources, as this can impact the accuracy of the information. Ultimately, by ensuring that the secondary sources are reliable and relevant, the researcher can guarantee that their dissertation is comprehensive and well-researched.

Define Keywords and Concepts.

Defining the correct keywords and concepts is crucial for successful dissertation research in the field of law. To ensure that arguments are accurately formulated and data is properly synthesized, it is important to have a comprehensive understanding of the relevant terminology and concepts used in the legal profession.

This can be achieved by conducting thorough research on the topic, exploring legal texts and sources, and seeking advice from legal professionals. By doing so, one can develop a strong grasp of the relevant keywords and concepts and confidently produce a legally sound dissertation.

Analyze the Sources

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Analyze the Sources.

Analysing sources is a crucial part of the dissertation research process on law to ensure that arguments are formulated correctly and data is synthesised accurately. When assessing sources, it is essential to scrutinise the evidence presented and verify that all arguments are valid. This involves taking into account the type of material used, the sources cited, and the quality of the research conducted. Additionally, it is important to consider the context of the sources and assess how they relate to the overall argument of the dissertation. By meticulously evaluating the evidence and analysing the arguments, the researcher can be more assured that the dissertation is well-supported and provides a comprehensive understanding of the law.

Develop a Research Methodology

Developing a research methodology is a vital aspect of a successful dissertation. It is crucial to carefully consider the methods of data collection and analysis, along with any ethical considerations. To ensure success, a plan for data analysis should be established, outlining the objectives, methods, timeline, and expected results of the research. This plan should be developed in a manner that is patient, knowledgeable, organized, and engaging for an audience that has an unconscious desire to serve others. The following table provides an overview of the data collection and analysis methods, as well as any ethical considerations:

Please provide an outline of your dissertation.

When planning a dissertation, it’s crucial to bear in mind the five primary parts of the document:

• Introduction: This section should offer informative context on the research topic, along with a justification for the study.
• Literature review: Here, you should summarize relevant studies and identify any gaps in the current research.
• Research methodology: Outline the methods used to collect data and analyze the results.
• Findings: This section should present the results of the research.
• Discussion: Finally, interpret the findings, offer implications, and suggest directions for future research.

Introduction

Taking into consideration the significance of an introduction for a dissertation, this section will explore the components of an effective introduction.

A dissertation introduction should be organised in a way that:

• Establishes the context and background of the research
• Identifies the research objectives
• Describes the structure of the dissertation
• Outlines the importance and implications of the research

The introduction should be written in a style that is patient, knowledgeable, organised, and engaging. It should include research objectives and a clear dissertation structure to set the tone for the dissertation. Furthermore, it should be written with an audience in mind who has a subconscious desire for serving others.

Literature Review

Analysing the relevant literature is a crucial aspect of any dissertation. To identify any gaps in the existing body of knowledge, a critical analysis of the literature is necessary. This is important as it enables the writer to address these gaps in their dissertation. Data collection is also essential to determine which literature is most relevant and should be included in the dissertation. By using a variety of sources such as books, journals, newspapers, and websites, the writer can gather the necessary information to support their argument. To ensure the accuracy of the data, the writer should consider any potential biases that may be present in the sources. With careful analysis and data collection, the writer can create a comprehensive literature review that will be valuable to their dissertation.

Research Methodology

To ensure a well-researched and well-supported dissertation, it is important to choose an appropriate research methodology. The research methodology for a dissertation includes presenting research findings, selecting research methods, and evaluating data. It is crucial to carefully choose research methods that align with the main research objectives and correctly analyze and evaluate all collected data. Planning the research methodology is essential to accurately represent the law in the dissertation.

The input is already in the language of UK English. There is no need to translate it. The output is the same as the input.

Examining the data collected and analysed from the research methodology will uncover the findings of the dissertation.

It is important to have an objective and organised approach when analysing the data to ensure that any legal implications are taken into consideration.

The data analysis should be comprehensive and thorough in order to identify the most relevant legal implications.

The findings should be carefully examined and evaluated to ensure accuracy and a clear understanding of the legal implications.

Additionally, the findings should be presented in an engaging and accessible manner that is easily understandable to an audience with a subconscious desire for serving others.

The Discussion subtopic of a dissertation is an ideal place to demonstrate critical thinking and brainstorming skills.

The Discussion section should take all of the information gathered in the Findings section and analyse it in a logical and comprehensive manner.

Through this process, the writer can draw conclusions about the topic being discussed and make suggestions for further research.

This section should be written in an objective, impersonal style that speaks to a knowledgeable and engaged audience.

Drawing upon the analysis of the findings, the conclusion of the dissertation provides an overview of the main points and implications of the research. The research methods used to analyze the data and the writing style employed to present the findings in the dissertation should be discussed. This discussion provides an opportunity to reflect on the research and to consider the strengths and weaknesses of the research methods used and the writing style employed.

Furthermore, the conclusions drawn from the research can be considered in relation to the research questions posed, and the wider implications of the results can be discussed. The conclusion should provide a comprehensive overview of the research and its implications, allowing the reader to gain a clear understanding of the research and its implications.

Write the Introduction

Write the Introduction.

Analysing the Introduction of a dissertation is a crucial part of the writing process, as it establishes the foundation for the rest of the document. Creating arguments and structuring ideas in a well-organized manner is essential for producing an effective introduction.

The introduction should captivate the reader and offer them an immediate comprehension of the primary argument. It should be composed in a style that is patient, knowledgeable, and organized. Moreover, by writing in an engaging style, it stimulates the audience to have an unconscious desire to serve others, which can be advantageous for the author’s overall thesis.

Create a Literature Review.

Creating a comprehensive literature review is crucial in developing a well-crafted dissertation. This entails formulating research questions, assessing sources, and arranging the data obtained within the review. It is important to approach this task with patience, knowledge, and organization. A well-organized literature review can offer readers valuable insights into the research being conducted.

Outline your approach or process in conducting the study or research.

Organising the methodology for a dissertation can be a complex process, requiring a patient, knowledgeable, and organised approach.

The first step is to determine what data collection approaches and research strategies are necessary for the research topic. Data collection may include surveys, interviews, and focus groups, and research strategies include observations, case studies, or experiments.

After the data is collected, the next step is to analyse and interpret the data.

Finally, the researcher must draw conclusions and make recommendations based on the data. It is important to use a rigorous and systematic approach to ensure accuracy and validity of the results.

Please provide more context or information for me to generate a valid output.

After outlining the methodology of the dissertation, it is now essential to describe the research findings. This entails arranging the collected data and citing its sources accurately. It is crucial to maintain objectivity while describing the findings and avoid including any personal opinions or interpretations. The data should be presented in an organized and comprehensible manner, with proper citation of sources to ensure accuracy. All sources utilized must be correctly referenced and cited in the dissertation to guarantee the validity and reliability of the research.

Discuss your results.

Once the findings have been presented, it is essential to discuss their implications and how they relate to the overall research objectives.

Analysing data and critiquing literature are both essential elements to this discussion, as they provide a more comprehensive understanding of the findings. This step also helps to further contextualise the data, providing more depth and insight into the results.

Moreover, discussing the results helps to connect the research objectives to the outcomes, further demonstrating the significance of the findings.

This discussion should be done in a patient, knowledgeable, and organised manner to ensure that the audience is able to understand the implications of the research. Additionally, the discussion should be written in an engaging style to ensure that the audience has a subconscious desire for serving others.

Write the Conclusion.

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After discussing the research results in the previous section, this section concentrates on the dissertation’s conclusion.

Thorough analysis of the data is crucial to draw accurate conclusions. Clear communication is essential to effectively present both the results and conclusions of the research.

The conclusion should summarize the research and its findings, along with possible implications and applications of the study. Additionally, it should offer recommendations and insights for further research in the field.

Format and cite sources.

Adhering to the specified formatting and citing sources is crucial in order to produce a well-crafted dissertation.

It is vital to comprehend the requirements for formatting and citing sources, as this will ensure that the dissertation adheres to the guidelines set forth by the academic institution.

When citing sources, the author must ensure to cite correctly and accurately to avoid any issues with plagiarism or copyright infringement.

Understanding the requirements for formatting and citing sources will assist the author in creating a dissertation that is organized and professional.

Create an Outline of Your Dissertation.

Developing an outline for a dissertation is a crucial step in the writing process that can assist the author in arranging their thoughts and creating a structure for the dissertation. It is necessary to divide the dissertation into smaller parts and determine the order of presenting the material. This involves arranging data, creating arguments, and identifying the main topics and subtopics that will be covered in the dissertation.

The outline should comprise an introduction, body, and conclusion. By developing an outline, the author can avoid distractions from the key points of the dissertation, remain focused, and create a logical flow of information throughout the paper.

Prepare Your Thesis

Completing a dissertation requires a significant amount of time and effort to draft the document and ensure that it is well-written and organised. Drafting the dissertation involves using brainstorming techniques to generate ideas, conducting research to support the ideas, and identifying gaps in the existing literature. To manage the process effectively, it can be useful to create a timeline of tasks and stick to it. Moreover, breaking the task down into smaller and more manageable components can be beneficial. It is also crucial to take breaks regularly throughout the process to prevent burnout.

Proofread and edit.

Proofreading and editing are crucial to guarantee that the dissertation is of the utmost quality and accuracy. There are numerous approaches to proofread one’s work effectively, such as:

Checking Grammar:

Read the dissertation aloud to detect any grammatical errors.

Use a grammar checker to locate any grammatical errors that may have been overlooked.

Proofreading Strategies:

Check for consistency in spelling, punctuation, and word usage.

Compare the content to the source material to ensure accuracy.

Review the content to ensure it aligns with the dissertation’s objectives and goals.

By following these strategies, one can be confident that the dissertation is of the highest quality and accuracy.

Submit Your Thesis

Now that you have taken the time to proofread and edit your dissertation, it is time to submit it to your professor or committee. Before submitting your dissertation, it is important to take a few steps to make sure you are fully prepared. Firstly, create a plan for how to submit your dissertation to your professor or committee. This plan should include the timeline for submitting your dissertation and any other deadlines you need to meet. Secondly, revise drafts of your dissertation before submitting it. Make sure that the language is clear, concise, and free of errors. Finally, ensure that all of the formatting requirements are met before submitting your dissertation.

Frequently Asked Questions

"how many words or pages should my dissertation be".

The suggested length for a dissertation is usually 10,000-12,000 words. To effectively research and compose a dissertation of this size, it is crucial to remain focused and handle any distractions. By cultivating a patient, organized, and knowledge-seeking attitude, a writer can craft a captivating dissertation that meets the expectations of their readers.

What format should I use for my references?

When writing a thesis, it is crucial to ensure that citations and references comply with recognized standards. Depending on the subject area, this may involve using a particular referencing style such as APA or MLA. It is vital to understand the correct citation and referencing methods to guarantee precision in your thesis.

How do I incorporate feedback from my line manager?

Incorporating feedback from a supervisor is crucial for the success of any dissertation. Researching resources and conducting a critical analysis of the feedback are necessary steps. An organised approach that is patient and knowledgeable will ensure the feedback is fully comprehended and applied. Engaging the audience with an understanding of their requirements will lead to the best outcomes.

What is the optimal approach to organizing my dissertation?

The optimal method for arranging a dissertation is to commence by identifying pertinent resources, referencing sources, and arranging content in a lucid and succinct fashion. This technique offers an absorbing and deliberate account for readers that strives to cater to their requirements.

How can I ensure that my dissertation is unique?

To ensure that your dissertation is distinctive, conduct research on the most recent trends and cite trustworthy sources. Use a well-structured, patient, and knowledgeable writing style that is captivating and intended to benefit the reader. Concentrate on the Present Inquiry without considering the context of Mastering Law Advice.

Conclusion.

Written in UK English language:

The process of writing a dissertation can be quite complex and intimidating. However, with the right guidance and preparation, it is possible to successfully complete a dissertation.

To ensure that the dissertation is of the highest quality, a student should follow the steps outlined above, which include selecting an appropriate topic, conducting a thorough literature review, developing a research methodology, and outlining and writing the dissertation.

In addition, it is essential to proofread and edit the dissertation before submitting it. By doing so, a student can guarantee that their dissertation is polished and free of errors.

Completing a dissertation requires dedication and organization, but with the right guidance and preparation, it is possible to produce a successful dissertation.

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Thesis and Dissertation: Getting Started

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Copyright ©1995-2018 by The Writing Lab & The OWL at Purdue and Purdue University. All rights reserved. This material may not be published, reproduced, broadcast, rewritten, or redistributed without permission. Use of this site constitutes acceptance of our terms and conditions of fair use.

The resources in this section are designed to provide guidance for the first steps of the thesis or dissertation writing process. They offer tools to support the planning and managing of your project, including writing out your weekly schedule, outlining your goals, and organzing the various working elements of your project.

Weekly Goals Sheet (a.k.a. Life Map) [Word Doc]

This editable handout provides a place for you to fill in available time blocks on a weekly chart that will help you visualize the amount of time you have available to write. By using this chart, you will be able to work your writing goals into your schedule and put these goals into perspective with your day-to-day plans and responsibilities each week. This handout also contains a formula to help you determine the minimum number of pages you would need to write per day in order to complete your writing on time.

Setting a Production Schedule (Word Doc)

This editable handout can help you make sense of the various steps involved in the production of your thesis or dissertation and determine how long each step might take. A large part of this process involves (1) seeking out the most accurate and up-to-date information regarding specific document formatting requirements, (2) understanding research protocol limitations, (3) making note of deadlines, and (4) understanding your personal writing habits.

Creating a Roadmap (PDF)

Part of organizing your writing involves having a clear sense of how the different working parts relate to one another. Creating a roadmap for your dissertation early on can help you determine what the final document will include and how all the pieces are connected. This resource offers guidance on several approaches to creating a roadmap, including creating lists, maps, nut-shells, visuals, and different methods for outlining. It is important to remember that you can create more than one roadmap (or more than one type of roadmap) depending on how the different approaches discussed here meet your needs.

Law Dissertation Writing Service: Expert Legal Scholars at Your Service

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10 tips for writing a first class LLB dissertation

Stuart McRobbie is currently a Diploma student at the University of Dundee. He has accepted a traineeship with Stronachs LLP to commence in September 2016 and is set to become the first lawyer in his family.

Writing a dissertation as part of my LL.B was undoubtedly the most challenging thing that I have had to do at university, but it also turned out to be the most rewarding.

Like many, I was initially quite apprehensive about writing such an extensive piece having found 3,000 word assignments difficult enough.  Universities recognise this and will provide students with detailed structural and formatting guidelines, as well as some high-level guidance with regards to being original and analytical.  However, I found that there was a lack of practical advice from those who had been through the process and so I thought it would be good to share some wisdom from my own experience and that of others.

1. Choose a topic that inspires you

Students are likely to be given a list of potential questions to aid them in their search selection process. My advice would be to generally steer clear of these. It’s unlikely that you’ll feel truly inspired by a set question, however they can be useful as a basis for tailoring or simply generating ideas. From speaking to students that achieved the highest grades for their dissertations, it’s clear that they all had a genuine interest in what they were writing about. Creating a unique question encourages original analysis and is likely to be more interesting from a marker’s perspective.

2. Start your research early

The law library can become a bit like something out of Lord of the Flies as people turn their attention to reading everything that has ever been written about their chosen topic. Ordinary library rules of borrowing and returning may appear to go up in smoke and it can feel like every person for themselves. The earlier you start your research, the less likely it is you’ll encounter any problems. Whatever forms the basis of your research, ensure that you keep track of it. A great way to do this is by completing a bibliography as you go, rather than at the very end. There is nothing worse than forgetting in which case or by which judge you read a great dictum (hint: it was probably Lady Hale or Lord Denning!).

3. Make the most of your time

It is oft said that the human brain can only focus for 30-40 minutes at a time, however students are often guilty of ignoring this in favour of cramming for hours on end. This is likely to have a negative affect on the quality of your research and writing. I found that breaking my time up into 40-minute periods, with 20-minute breaks in between, increased my productivity. I also found that setting myself achievable daily targets made the task of writing an extended piece seem less daunting: 15,000 words to be completed in 3 months suddenly becomes just 170 words a day! Leave time for reviewing your finished dissertation and make sure you beat the queue at the local printing and binding business.

4. Get in the zone

It is vital that you create and work in an environment that is conducive to productivity and creative thought.  That doesn’t mean installing soundproof walls and non-reflective surfaces à la Kanye West. Everyone is different but I found that sitting at a desk with just a pen and paper to jot down ideas, whilst Buddy Holly played in the background, was a great way to focus. Temporarily blocking certain websites might be a good idea, otherwise the temptation to binge-watch ‘Making A Murderer’ again will always be there!

5. Make the most of your supervisor

Supervisors are a great resource and can be a fantastic sounding board for ideas.  Whilst there is only so much a supervisor can do, they may be able to point you in the right direction and they are likely to be au fait with the most appropriate resources and current trends in thinking. Supervisors are also likely to be incredibly busy with teaching commitments and so you need to establish when and how to approach them.

6. Think about the bigger picture

The law doesn’t operate in isolation. Many students make the mistake of simply writing about what the law was or what the law is without necessarily considering the wider social, political or economic consequences of the legislation or case law. Consider, for instance, section 172 of the Companies Act 2006 which requires directors to act in the best interests of a company’s shareholders. Such a rule doesn’t affect just shareholders; it also has wide-ranging consequences for the rest of society in terms of the payment of corporation tax, wealth and health inequality, the growth in atypical workers and access to justice. In order to establish these links, it was necessary for me to draw upon financial textbooks, reports from charities and studies conducted by economists – not just legal resources.

7. Know the law

This goes without saying, but one of the major problems that students come up against is the evolutionary nature of the law. You will begin researching months before the submission date and there are likely to be some changes in that time. It’s therefore essential that you read relevant publications, bulletins and updates on the area of law you are writing about. Reading blogs by law firms is often a good way to keep track of any changes. Every couple of weeks I would also check on Lexis that the cases I had referred to were still good authority for the points I wanted to make.

8. Challenge authority

Lord Reed recently gave a talk at the University of Dundee in which he encouraged solicitors and advocates to challenge authority. The same holds true for students in their writings. In analysing case law and legislation, it is important to understand the historical context within which those decisions were made. Society in 2016 is vastly different to society 50 years ago. Even just one or two years can see dramatic changes in social values, technology and the economy. An excellent way to gain an understanding of the context in which certain pieces of legislation were passed is to consider any discussion papers issued prior to an Act being passed and to review Hansard.

9. Talk about it

Becoming isolated from friends and family as you focus your full attention on your dissertation is not good for either the quality of your work or your general well being. A great bit of advice I was given was to pair up with another student to allow us to talk about our projects and bounce ideas of each other. Speaking with people who aren’t law students, be they students of other subjects or even just family, will allow you to tap into the life experience of others and gain an insight from a perspective you might not have considered. Always allow time to socialise: a game of pool, watching a game of football with friends or geein it laldy on the karaoke will clear your head and allow you to refresh.

10. Finally: keep a notepad under your pillow

And another one on your person at all times! Given the amount of focus and effort that you put into your dissertation, random moments of insight are likely to arise as you carry out daily tasks. I would sometimes find myself returning home from work with something that resembled a sleeve tattoo drawn by a toddler. Better to avoid hastily scribbling notes on your arm and carry a notepad! Now and again I would also be awoken from my sleep by an idea and would have to write it down. Admittedly I would often find that the notes I had scribbled in a semi-conscious state were either illegible or just completely bonkers, but my final dissertation contained at least 3 points that came to me in my sleep.  Maybe I’m just a bit weird!

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Published by Owen Ingram at January 9th, 2023 , Revised On May 29, 2024

Law dissertations can be demanding because of the need to find relevant regulations, cases, and data to address the research problem successfully. It is of utmost importance to critically examine facts before framing the  research questions .

Selection of the most appropriate legal terms and legal authorities, whether online or in print, can be challenging, especially if you have not tackled a law dissertation project before.

To help you select an intriguing law  dissertation  topic,  our expert writers have suggested some issues in various areas of law, including trust law, EU law, family law, employment and equality law, public law, tort law, intellectual property rights, commercial law, evidence, and criminal law, and human rights and immigration law.

These topics have been developed by PhD-qualified writers of our team , so you can trust to use these topics for drafting your dissertation.

Review the step-by-step guide on how to write your own dissertation  here.

You may also want to start your dissertation by requesting  a brief research proposal  from our writers on any of these topics, which includes an  introduction  to the topic,  research question , aim and objectives ,  literature review  along the proposed  methodology  of research to be conducted.  Let us know  if you need any help in getting started.

Check our  dissertation examples to get an idea of  how to structure your dissertation .

Review the full list of dissertation topics for 2024 here.

Law Dissertation Topics & Ideas

Topic 1: the role of international criminal laws in reducing global genocide.

Research Aim: This study aims to find the role of international criminal laws in reducing global genocide. It will be an exploratory study identifying the explicit and implicit effects of international criminal laws on the worldwide genocide. It will analyse different incidents of international genocide and find out how international criminal laws played a positive role in reducing these incidents. Lastly, it will recommend possible changes in international criminal laws to effectively mitigate global genocide. And it will be done by comparing criminal laws of world-leading powers to reduce genocide.

Topic 2: Impact of Anti-Racism Employment Laws on Organisational Culture- A Comparative Study on the Anti-Racism Employment Laws in the US and Canada

Research Aim: This research aims to find the impact of anti-racism employment laws on the organisational culture in the US and Canada in a comparative analysis. It will identify the change in employees’ behaviour after implementing anti-racism laws. Moreover, it will find whether employees gleefully welcomed these laws or showed resistance. And how do these laws affect the organisations’ performance that strictly implemented them?

Topic 3: Globalisation, international business transactions, and commercial law- A perspective from literature.

Research Aim: Students and practitioners can find the law of international business transactions as a subfield within a broader field of international commercial law to be somewhat amorphous.

This study will explain the impact of globalisation on international business transactions and commercial law by establishing some necessary links between the study of transnational business law and related fields of international studies. This study also aims to address theories about foreign business regulation, such as the idea that it is free of power politics. For the collection of data existing literature will be studied. The methodology of this research will rely on existing previous literature.

Topic 4: Investigating the impact of competition law on the businesses in the UK- Post Brexit

Research Aim: This study aims to investigate the impact of competition laws on businesses in the post-Brexit UK. The proposed study will not only analyse the performance of the businesses with the current competition laws. But also analyse the impact of possible changes in competition laws on the businesses in the post-Brexit UK. It will also incorporate the possible difference of changes in competition laws in deal, no-deal, hard deal, and soft deal scenarios. This way of individually analysing the difference in competition laws due to the status of the UK’s deal with the EU will give better insights into how businesses will be affected by these laws in the post-Brexit UK.

Topic 5: A comparison between Islamic and contemporary laws against rape. Which law is the most effective in preventing this horrific crime?

Research Aim: For several years, marital and non-marital relations in Muslim-majority countries have been a source of controversy. Under Islamic law, it is strictly forbidden for a Muslim, or even non-Muslim, to engage in illicit sexual relations with the opposite gender under any situation. The current study will help us understand the concepts presented in Islamic laws about rape cases. In this context, a comparative analysis of Islamic and contemporary law will be explained. It will also identify efficient and effective strategies to prevent this horrific crime.

Law Dissertation Topics for the COVID Crisis

Topic 1: the legal implications of the covid-19 pandemic on canadian immigration and the way forward..

Research Aim: This study will focus on how the Canadian government benefits from resources accrued from immigration, the impact of COVID-19 on Canadian Immigration, the current legislation on immigration, the effects of COVID-19 on the immigration law, the possible amendments that could help cushion the impact and the way forward.

Topic 2: Effect of COVID-19 on the United States Immigration policies; an assessment of International Legal agreements governing pandemic disease control and the way forward.

Research Aim: This research will focus on the pandemic’s effect on immigration policies in the United States. It also suggests the required steps based on the laws that regulate government acts during an outbreak of a pandemic.

Topic 3: Creating legal policies in preparedness for the global pandemic; lessons from COVID-19 on Canadian immigration policies.

Research Aim: This research will focus on how the COVID-19 pandemic hit the world and how most countries seemed unprepared. Historical background of the flu pandemic can also be made to assess how the world overcame the pandemic. And the need for the Canadian government or any other country you wish to choose can prepare for a global pandemic by creating legal policies that could help prepare ahead for such a period, such as policies on scientific research and funding.

Topic 4: The need for uniformity of competition law and policy in Gulf Cooperation Council Countries; An approach to the European Union standard.

Research Aim: This research will focus on the Gulf Cooperation Countries and their current legislation on competition law and its implications. Countries under the European Union’s competition law, the legal implications, and the need to consider such a part.

Topic 5: The need for competition law and policy enforcement; An analysis of the Gulf Cooperation Council Countries.

Research Aim: This research focuses on the Gulf Cooperation Council Countries’ competition laws and their enforceability. It analyses the benefits of enforcing the competition law and looks at the European Union’s uniformed laws and their benefits. It looks into the various countries, how the competition law currently works, and how it can affect each country’s economy in a better way or adequately enforced.

Topic 6: Provisions of the law on rape, the need to expand its coverage on the misuse of its provisions, and false accusations.

Research Aim: This research will focus on the law’s present provisions on rape and rape victims and the recent false accusations.

Topic 7: Summary dismissal of workers during the COVID-19 pandemic, the legal implications under the labour law, and the way forward. The Case Study of Nigeria

Research Aim: This research will focus on the statistics of people who were summarily dismissed during the COVID-19 pandemic based on natural occurrences, provisions of the law against summary dismissal, and its enforcement, and how this can be cushioned against future events. The labour law needs to be expanded to cover similar situations to protect workers.

Topic 8: A legal assessment of the settlement of international disputes through the peaceful process and its effectiveness

Research Aim: This research focuses on the mode of dispute settlement in the international community, assessment of international laws and treaties on peaceful settlement of conflicts among countries of member states, the methods of dispute settlements, its strengths and weaknesses, and the need to improve the current mechanisms of peaceful settlement in the international community.

Topic 9: The protection of minority shareholders and the majority shareholders' power in Companies, a critical analysis of the Nigerian Companies and Allied Matters Act provisions.

Research Aim: This research will focus on the law’s provisions for protecting minority shareholders in companies and the majority shareholders’ power. How effective are these provisions in protecting the minorities against the management of the majority shareholders, and what is the way forward

More Law Dissertation Topics

Topic 1: world bank developmental projects and greater accountability.

Research Aim: Examine communities impacted by development operations under the World Bank Development project schemes using the project law model to understand the lack of participation and successful influence of these communities to improve accountability and good governance.

Topic 2: The right to bear arms: Rethinking the second amendment

Research Aim: Gun control and the right to bear arms has been an ever-evolving web discourse in the United States. The research aims to analyse how gun control laws have changed in the USA since specifically focusing on the 2nd Amendment and its original framework.

Topic 3: Rethinking the international legal framework protecting journalists in war and conflict zones.

Research Question: Is the current legal framework still appropriate for protecting journalists in today’s conflict zones? Research Aim: The primary body of law that is set out to protect journalists includes the Geneva Conventions and their additional Protocols. However, since the time they were drafted and decades after, there have been conspicuous changes to the way warfare is conducted. It is imperative to examine this body of law in order to improve it, as journalists have now become prime targets in war zones and conflict areas because of their profession.

Topic 4: A critical analysis of the employment law of disabled individuals in the UK and what new policies can be integrated to increase its efficiency.

Research Aim: Employment or labour law has always been under the limelight. Many critiques and researchers have proposed different amendments to the existing law pertaining to labour and employees. The main aim of the research is to critically analyse the employment law of disabled individuals in the UK along with effective recommendations that need to be made in order to make the existing law more efficient and effective.

Topic 5: A critical evaluation of racial discrimination laws in developed countries and how they impact the workplace environment

Research Aim: Racial discrimination has always been a controversial issue in almost every part of the World. However, many developed countries (companies) face severe racial discrimination issues that directly impact their name and brand value. Therefore, this research provides a critical evaluation of racial discrimination laws, particularly in developed countries. Moreover, the research will focus on how racial discrimination laws are impacting the workplace environment.

Topic 6: A comparative analysis of legislation, policy, and guidelines of domestic abuse between the UK and the USA.

Research Aim: Domestic laws basically deal with and provide criminal rules for punishing individuals who have physically or emotionally harmed their own family members. It has been found that many domestic cases of abuse are not reported to the concerned authority. Due to this reason, the main focus of the research is to conduct a comparative analysis of legislation, policy, and guidelines of domestic abuse between the UK and the USA and how effective both countries have been in minimising domestic abuse.

Topic 7: Analysing the negative impact of technology in protecting the intellectual property rights of corporations.

Research Aim: Intellectual property has gained significant importance after the emergence of counterfeit products coming from different parts of the world. It has been found that many factors have motivated the sale of counterfeit products. Therefore, this research aims to analyse the negative impact of technology in protecting the intellectual property rights of products and corporations.

Topic 8: A critical assessment of the terrorism act of 2010 and its impact on Muslims living around the globe.

Research Aim: Since the incident of 9/11, the entire world has been under the pressure of terrorism activities, especially Muslims living around the world. Therefore, this research intends to critically assess the terrorism act of 2010 and its impact on Muslims living around the globe.

Trust Law Dissertation Topics

The trust law requires the settler to meet the three certainties, including the object, intention, and subject matter. As posted to a moral obligation or mere gift, confidence of choice can be best described as clarity of purpose. Some interesting dissertation topics in the field of trust law  are listed below:

• To investigate the attitude of the courts to trusts supporting political agendas.
• To identify and discuss principles on which half-secret and full-secret trusts are enforced. Does a literature review highlight circumstances where it is essential to consider whether such beliefs are constructive and expressive?
• The role and impact of trust law as asset portioning and fiduciary governance
• From law to faith: Letting go of secret trusts
• Critical analysis of the statement “Traditionally, equity and the law of trusts have been concerned with providing justice to balance out the rigour of the common law” regarding modern equity development/operation.
• Should the assumption of resulting trusts and progression be abolished in this modern age? A critical review of the literature
• A critical examination of the courts’ concern of financial reward in the context of “trustee powers of investment.”
• Does the doctrine of cypress do justice to the intentions of the testator?
• The impact of the decision of Harrison v Gibson on the law of the clarity of intention.
• The approval of trustees in the Zimbabwean law of trusts

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ResearchProspect writers can send several custom topic ideas to your email address. Once you have chosen a topic that suits your needs and interests, you can order for our dissertation outline service which will include a brief introduction to the topic, research questions , literature review , methodology , expected results , and conclusion . The dissertation outline will enable you to review the quality of our work before placing the order for our full dissertation writing service!

European Law Dissertation Topics

European law has recently attracted wide attention from the academic world, thanks to the growing influence of European Law on administrative law in EU members. It should be noted that every aspect of life in European states is significantly affected by European law, and therefore, this area of research has gained tremendous popularity. Some exciting and specific research areas are given below:

• A critical review of the European anti-discrimination Law
• To investigate the economics and history of European Law.
• An investigation of the European human rights law
• Investigating the impact of “Freedom of Speech” on the German economy
• Investigating the impact of immigration laws on the German economy
• How the French parliamentary sovereignty has been affected by the European Union
• Uniform interpretation of European patent law with a unique view on the creation of a standard patent court
• The impact of European consensus in the jurisprudence of the European court of Human Rights.
• The impact of the European convention on human rights on international human rights law
• A critical analysis of the tensions between European trade and social policy
• To investigate the European Union’s enforcement actions and policies against member countries.
• European Laws amidst the Brexit process

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Family Law Dissertation Topics

A wide range of topics are covered under the field of family law and the law of children. Essentially, this area of law takes into consideration the registration of marriages, statutory rights concerning marriage, the effects of a decree, void and voidable marriages, the impact of the Human Rights Act, the legal stature of unmarried and married individuals, and the case for reform of UK family law . Other research areas include enforcing financial responsibilities in the Magistrates court, enforcing the arrears of maintenance payments, the award of maintenance, enforcing financial obligations to children or a child, financial orders for children, and the Child Support Act. An extremely intriguing area of law that has gained tremendous popularity in the modern era, some specific  dissertation topics  in this area of law studies are listed below:

• Investigating therapeutic and theoretical approaches to deal with spouse abuse in light of the UK government’s latest research on domestic violence
• Unmarried fathers’ access to parental responsibility – Does the current law enforce rights and responsibilities towards children?
• To study the criminal justice process involving a child witness.
• The children’s right to participation – Rhetoric or Reality? – A critical review of literature from the past two decades
• To study the position of unmarried fathers in the UK.
• Does the UK Family law need a major reform?
• A critical review of the rights of married women in real estate
• Child welfare and the role of local authorities
• To study the legal and social foundations of parenting, civil partnership, and marriage.
• To examine whether the Child Support Act has positively influenced child maintenance.

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Employment Law Dissertation Topics

Employment and equality law governs the relationship between the government, trade unions, employers, and employees.  Employment and equality law in the UK is a body of law that prevents bias and negative attitudes towards someone based on their ethnicity or race rather than work skills and experience. Some interesting dissertation topics  in this area of law are below:

• A critical investigation of the right to fair labour practices in the United Kingdom
• To determine the job’s inherent requirements as a defence to unfair discrimination or a claim – A comparison between the United Kingdom and Canada.
• The role of the South African Labour Relations Act in providing unhappy staff sufficient protection against unfair dismissals and discrimination at the workplace
• To investigate the impact of HIV/AIDS on employees’ lives with a focus on unfair dismissal and discrimination.
• To assess ethnic discrimination in the European Union: Derogations from the ban on discrimination – Sexual harassment – Equal pay for equal value work.
• To study the international employment contract – Regulation, perception, and reality.
• To identify and discuss challenges associated with equality at work.
• A study of the legal aspects of the relationship between employer and employee
• How influential is the role of trade unions in English employment law?
• A critical review of discrimination policies in the UK

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Commercial Law Dissertation Topics

Commercial law, also known as business law, is the whole body of substantive jurisprudence applicable to the conduct, relations, and rights of sales, trade, merchandising, and businesses and persons associated with commerce. Important issues of law covered by commercial law include real estate, secured transactions, credit transactions, bankruptcy, banking, and contracts. An intriguing area of law within the UK, specific topics for your law dissertation are listed below:

• The impact of legislation for the regulation of investment services with EU economic area on the EU financial services market
• Handling regulatory involvement incorporates organisational structure and strategy.
• A study of convergence and complementarities concerning international corporate governance
• How drafting and diffusion of uniform norms can help to harmonise the law of international commercial arbitration?
• Convergence and adaption in corporate governance to transnational standards in India
• A critical review of the international commercial arbitration system
• Analysing the international commercial law on risk transfer
• The role of the tripartite financial system in the UK on economic development
• A comparative analysis of European contract law, international commercial contracts law, and English commercial contracts law
• Is the European contracts law meeting the needs of the commercial community?
• A critical review of anti-corruption legislation in the UK
• The problems of director accountability in the UK and the impact of soft and hard law on corporate governance

Criminal and Evidence Law Dissertation Topics

Criminal law  can be defined as a system of law dealing with the punishment of criminals. Criminal evidence, on the other hand, concerns evidence/testimony presented in relation to criminal charges. Evidence can be presented in various forms in order to prove and establish crimes. A wide array of topics can be covered in this subject area. To help you narrow down your research focus, some  interesting topics  are suggested below:

• The politics of criminal law reform with a focus on lower-court decision-making
• To understand and establish the historical relationship between human rights and Islamic criminal law
• Investigating the rights of victims in internal criminal courts
• The efficacy of the law of rape in order to prevent misuse by bogus victims and to protect rightful victims
• To assess the criminal law’s approach to Omissions
• To investigate the issues associated with the identification of the distribution, extent, and nature of the crime
• A critical review of the Bad Samaritan laws and the law of omission liability
• How international criminal law has been significantly influenced by the “war on terrors”?
• The efficacy of modern approaches to the definition of intention in International criminal law
• The efficacy of the law of corporate manslaughter

Company Law Dissertation Topics

Company law, also known as the  law of business associations , is the body of law that deals with business organisations and their formation, registration, incorporation, governance, dissolution, and administration. Some suggestions for company law dissertation topics are listed below:

• Developing equity markets in growing economies and the importance of corporate law
• A critical review of English company law and its effects on member workers and creditors
• To investigate the essential aspects of corporate law.
• To study business responsibilities for human rights.
• Identifying disparities in corporate governance – Theories and Realities
• The external relations of company groups in Zambian Corporate law
• To study corporate governance practices concerning minority stakeholders.
• Establishing and evaluating arguments for and against “stakeholder theory.”
• The importance of non-executive directors in the British corporate legal system
• Investigating the regulation of the UK public company

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Intellectual Property and Tort Law Dissertation topics

All forms of legal injury are dealt with under the subject area of tort law. Essentially, tort law helps to establish the circumstances whereby a person may be held responsible for another person’s injury caused by either accident or intentional acts. On the other hand, intellectual property covers areas of law such as copyright, patents, and trademarks. Trademark dissertation topics trademark directive, trademarks act, infringement of trademarks such as revocation, invalidity, and the use of similar marks. Some interesting dissertation ideas and topics  of tort law and intellectual property are suggested below to help your law studies.

• The efficacy of intellectual property rights in the UK under the influence of European Law
• The efficacy of UK copyright law concerning the needs of rights users and holders
• The impact of intellectual property rights on economic development.
• To investigate the right of confidence in the UK
• Does the trademark law ensure sufficient protection in England?
• The impact of European Law on intellectual property rights in the UK
• The end of the road for loss of a chance?
• To assess the success ratio of psychiatric injury claims in the UK
• Should a no-fault system be implemented into UK law, or should the law of negligence apply to personal injury claims?
• A critical review of economic loss in 21st-century tort law

Human Rights and Immigration Law

The primary objective of human rights and immigration law is to ensure and protect human rights at domestic, regional, and international levels. With the world becoming a global village, human rights and immigration laws have attracted significant attention from academicians and policymakers. Some interesting law dissertation topics in this subject area are suggested below:

• To assess the efficacy of the common European Asylum system in terms of immigration detention.
• A historical analysis of Britain’s immigration and asylum policies
• A critical analysis of immigration policy in Britain since 1990
• A critical analysis of the right of the police and the public right to protest under PACE 1984
• The right of prisoners to vote under the European law of human rights
• Arguments for and against the death penalty in English Law with a focus on human rights treatise
• A critical analysis of the right to private life and family for failed asylum seekers
• The impact of UK immigration policies on the current education industry
• How beneficial the points system has really been in regards to creating a cap in the British immigration system
• To study the impact of privatisation on immigration detention and related functions in the UK.

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Pandemic Law Dissertation Topics

Coronavirus, also known as COVID-19, has become the most trending topic in the world since the outbreak of the Covid-19 pandemic that started in China. Here are some interesting Coronavirus or COVID-19 pandemic Law topics that you can consider for your law dissertation.

• Co-parenting in the coronavirus pandemic: A family law scholar’s advice
• How San Diego law enforcement operated amid Coronavirus pandemic
• Pandemic preparedness in the workplace and the British with disabilities act
• Why, In a pandemic, rumours of martial Law fly despite reassurances
• Investigating About the ADA, the Rehabilitation Act, and COVID-19
• Resources to support workers in the UK during the Coronavirus pandemic
• Coronavirus (COVID-19) Pandemic:
• A legal perspective
• Navigating the Coronavirus Pandemic
• Coronavirus Pandemic (COVID-19) and employment laws in the UK going forward
• Coronavirus Pandemic (COVID-19) and employment laws in the US going forward
• Coronavirus Pandemic (COVID-19) and employment laws in Australia going forward

More Examples of Law Dissertation Topics

• A critical analysis of the employment law of disabled individuals in the UK and what new policies can be integrated to increase its efficiency
• A critical evaluation of racial discrimination laws in developed countries and how it impacts the workplace environment
• A comparative analysis of domestic abuse with the legislation, policy, and domestic abuse guidelines between the UK and USA.
• Analysing the negative impact of technology in protecting the intellectual property rights of corporations.
• A critical assessment of the terrorism act of 2010 and its impact on Muslims living around the Globe.
• Artificial Intelligence and the Future of Legal Practice
• The Rise of Blockchain Technology in Contract Law
• The Legal Implications of Gene Editing Technology
• Data Privacy in the Age of Social Media Surveillance
• The Impact of Automation on Employment Law
• The Regulation of Cryptocurrency and its Legal Challenges
• Cybercrime Investigations and International Cooperation
• Ethical Concerns of The Use of Big Data in Criminal Profiling
• The Effectiveness of Rehabilitation Programs for Young Offenders
• The Legal Challenges of Policing Protests and Demonstrations
• The Rise of Hate Speech and the Limits of Free Expression
• The Protection of Refugees and Asylum Seekers in a Globalised World
• Climate Change Litigation and the Rise of Eco-Justice
• The Regulation of Microplastics and its Environmental Impact
• The Rights of Indigenous Peoples and Environmental Protection
• Marine Protected Areas: Balancing Conservation and Economic Interests
• The Legal Challenges of Sustainable Development
• The Role of International Environmental Law in Addressing Climate Change
• The Regulation of Fintech and its Disruptive Potential
• The Rise of Mergers and Acquisitions in a Globalised Economy
• The Legal Challenges of Cross-Border Business Transactions
• Intellectual Property Rights in the Digital Age
• The Regulation of Artificial Intelligence in Businesses
• The Legal Implications of Same-Sex Marriage and Adoption Rights
• Surrogacy Arrangements and the Rights of All Parties Involved
• The Changing Face of Family Structures and the Law
• Child Custody Agreements in International Parental Disputes
• The Use of Mediation in Family Law Disputes
• The Rise of Populism and its Challenges to Democratic Institutions
• The Role of Judicial Review in Holding Governments Accountable
• The Regulation of Lobbying and its Influence on Policymaking
• National Security Laws and the Balance Between Security and Liberty

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Uk’s best academic support services. how would you know until you try, important notes:.

As a law dissertation student looking to get good grades, it is essential to develop new ideas and experiment with existing law dissertation theories – i.e., to add value and interest to the topic of your research.

The field of law dissertation is vast and interrelated to many other academic disciplines like civil engineering ,  construction ,  project management , engineering management , healthcare , mental health , artificial intelligence , tourism , physiotherapy , sociology , management , project management , and nursing . That is why it is imperative to create a project management dissertation topic that is articular, sound, and actually solves a practical problem that may be rampant in the field.

We can’t stress how important it is to develop a logical research topic based on your fundamental research. There are several significant downfalls to getting your case wrong: your supervisor may not be interested in working on it, the topic has no academic creditability, the research may not make logical sense, and there is a possibility that the study is not viable.

This impacts your time and efforts in writing your dissertation as you may end up in a cycle of rejection at the initial stage of the dissertation. That is why we recommend reviewing existing research to develop a topic, taking advice from your supervisor, and even asking for help in this particular stage of your dissertation.

While developing a research topic, keeping our advice in mind will allow you to pick one of the best law dissertation topics that fulfils your requirement of writing a research paper and add to the body of knowledge.

Therefore, it is recommended that when finalising your dissertation topic, you read recently published literature to identify gaps in the research that you may help fill.

Remember- dissertation topics need to be unique, solve an identified problem, be logical, and be practically implemented. Please look at some of our sample law dissertation topics to get an idea for your dissertation.

How to Structure Your Law Dissertation

A well-structured dissertation can help students to achieve a high overall academic grade.

• A Title Page
• Acknowledgements
• Declaration
• Abstract: A summary of the research completed
• Table of Contents
• Introduction : This chapter includes the project rationale, research background, key research aims and objectives, and the research problems. An outline of the structure of a dissertation can also be added to this chapter.
• Literature Review : This chapter presents relevant theories and frameworks by analysing published and unpublished literature available on the chosen research topic to address research questions . The purpose is to highlight and discuss the selected research area’s relative weaknesses and strengths while identifying any research gaps. Break down the topic, and binding terms can positively impact your dissertation and your tutor.
• Methodology : The data collection and analysis methods and techniques employed by the researcher are presented in the Methodology chapter, which usually includes research design , research philosophy, research limitations, code of conduct, ethical consideration, data collection methods and data analysis strategy .
• Findings and Analysis : Findings of the research are analysed in detail under the Findings and Analysis chapter. All key findings/results are outlined in this chapter without interpreting the data or drawing any conclusions. It can be useful to include graphs, charts and tables in this chapter to identify meaningful trends and relationships.
• Discussion and Conclusion : The researcher presents his interpretation of the results in this chapter, and states whether the research hypothesis has been verified or not. An essential aspect of this section is establishing the link between the products and evidence from the literature. Recommendations with regard to the implications of the findings and directions for the future may also be provided. Finally, a summary of the overall research, along with final judgments, opinions, and comments, must be included in the form of suggestions for improvement.
• References : Make sure to complete this according to your University’s requirements
• Bibliography
• Appendices : Any additional information, diagrams, and graphs used to complete the dissertation but not part of the dissertation should be included in the Appendices chapter. Essentially, the purpose is to expand the information/data.

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Frequently Asked Questions

How to find law dissertation topics.

To find law dissertation topics:

• Research recent legal developments.
• Explore unresolved issues or debates.
• Analyse gaps in existing literature.
• Consider societal or technological influences.
• Consult professors and peers.
• Select a topic aligning with your passion and career aspirations.

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What Is a Dissertation? | Guide, Examples, & Template

A dissertation is a long-form piece of academic writing based on original research conducted by you. It is usually submitted as the final step in order to finish a PhD program.

Your dissertation is probably the longest piece of writing you’ve ever completed. It requires solid research, writing, and analysis skills, and it can be intimidating to know where to begin.

Your department likely has guidelines related to how your dissertation should be structured. When in doubt, consult with your supervisor.

You can also download our full dissertation template in the format of your choice below. The template includes a ready-made table of contents with notes on what to include in each chapter, easily adaptable to your department’s requirements.

Download Word template Download Google Docs template

• In the US, a dissertation generally refers to the collection of research you conducted to obtain a PhD.
• In other countries (such as the UK), a dissertation often refers to the research you conduct to obtain your bachelor’s or master’s degree.

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Table of contents

Dissertation committee and prospectus process, how to write and structure a dissertation, acknowledgements or preface, list of figures and tables, list of abbreviations, introduction, literature review, methodology, reference list, proofreading and editing, defending your dissertation, free checklist and lecture slides.

When you’ve finished your coursework, as well as any comprehensive exams or other requirements, you advance to “ABD” (All But Dissertation) status. This means you’ve completed everything except your dissertation.

Prior to starting to write, you must form your committee and write your prospectus or proposal . Your committee comprises your adviser and a few other faculty members. They can be from your own department, or, if your work is more interdisciplinary, from other departments. Your committee will guide you through the dissertation process, and ultimately decide whether you pass your dissertation defense and receive your PhD.

Your prospectus is a formal document presented to your committee, usually orally in a defense, outlining your research aims and objectives and showing why your topic is relevant . After passing your prospectus defense, you’re ready to start your research and writing.

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The structure of your dissertation depends on a variety of factors, such as your discipline, topic, and approach. Dissertations in the humanities are often structured more like a long essay , building an overall argument to support a central thesis , with chapters organized around different themes or case studies.

However, hard science and social science dissertations typically include a review of existing works, a methodology section, an analysis of your original research, and a presentation of your results , presented in different chapters.

Dissertation examples

We’ve compiled a list of dissertation examples to help you get started.

• Example dissertation #1: Heat, Wildfire and Energy Demand: An Examination of Residential Buildings and Community Equity (a dissertation by C. A. Antonopoulos about the impact of extreme heat and wildfire on residential buildings and occupant exposure risks).
• Example dissertation #2: Exploring Income Volatility and Financial Health Among Middle-Income Households (a dissertation by M. Addo about income volatility and declining economic security among middle-income households).
• Example dissertation #3: The Use of Mindfulness Meditation to Increase the Efficacy of Mirror Visual Feedback for Reducing Phantom Limb Pain in Amputees (a dissertation by N. S. Mills about the effect of mindfulness-based interventions on the relationship between mirror visual feedback and the pain level in amputees with phantom limb pain).

The very first page of your document contains your dissertation title, your name, department, institution, degree program, and submission date. Sometimes it also includes your student number, your supervisor’s name, and the university’s logo.

Read more about title pages

The acknowledgements section is usually optional and gives space for you to thank everyone who helped you in writing your dissertation. This might include your supervisors, participants in your research, and friends or family who supported you. In some cases, your acknowledgements are part of a preface.

Read more about acknowledgements Read more about prefaces

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The abstract is a short summary of your dissertation, usually about 150 to 300 words long. Though this may seem very short, it’s one of the most important parts of your dissertation, because it introduces your work to your audience.

Your abstract should:

• State your main topic and the aims of your research
• Describe your methods
• Summarize your main results
• State your conclusions

Read more about abstracts

The table of contents lists all of your chapters, along with corresponding subheadings and page numbers. This gives your reader an overview of your structure and helps them easily navigate your document.

Remember to include all main parts of your dissertation in your table of contents, even the appendices. It’s easy to generate a table automatically in Word if you used heading styles. Generally speaking, you only include level 2 and level 3 headings, not every subheading you included in your finished work.

Read more about tables of contents

While not usually mandatory, it’s nice to include a list of figures and tables to help guide your reader if you have used a lot of these in your dissertation. It’s easy to generate one of these in Word using the Insert Caption feature.

Read more about lists of figures and tables

Similarly, if you have used a lot of abbreviations (especially industry-specific ones) in your dissertation, you can include them in an alphabetized list of abbreviations so that the reader can easily look up their meanings.

Read more about lists of abbreviations

In addition to the list of abbreviations, if you find yourself using a lot of highly specialized terms that you worry will not be familiar to your reader, consider including a glossary. Here, alphabetize the terms and include a brief description or definition.

Read more about glossaries

The introduction serves to set up your dissertation’s topic, purpose, and relevance. It tells the reader what to expect in the rest of your dissertation. The introduction should:

• Establish your research topic , giving the background information needed to contextualize your work
• Narrow down the focus and define the scope of your research
• Discuss the state of existing research on the topic, showing your work’s relevance to a broader problem or debate
• Clearly state your research questions and objectives
• Outline the flow of the rest of your work

Everything in the introduction should be clear, engaging, and relevant. By the end, the reader should understand the what, why, and how of your research.

Read more about introductions

A formative part of your research is your literature review . This helps you gain a thorough understanding of the academic work that already exists on your topic.

Literature reviews encompass:

• Finding relevant sources (e.g., books and journal articles)
• Assessing the credibility of your sources
• Critically analyzing and evaluating each source
• Drawing connections between them (e.g., themes, patterns, conflicts, or gaps) to strengthen your overall point

A literature review is not merely a summary of existing sources. Your literature review should have a coherent structure and argument that leads to a clear justification for your own research. It may aim to:

• Address a gap in the literature or build on existing knowledge
• Take a new theoretical or methodological approach to your topic
• Propose a solution to an unresolved problem or advance one side of a theoretical debate

Read more about literature reviews

Theoretical framework

Your literature review can often form the basis for your theoretical framework. Here, you define and analyze the key theories, concepts, and models that frame your research.

Read more about theoretical frameworks

Your methodology chapter describes how you conducted your research, allowing your reader to critically assess its credibility. Your methodology section should accurately report what you did, as well as convince your reader that this was the best way to answer your research question.

A methodology section should generally include:

• The overall research approach ( quantitative vs. qualitative ) and research methods (e.g., a longitudinal study )
• Your data collection methods (e.g., interviews or a controlled experiment )
• Details of where, when, and with whom the research took place
• Any tools and materials you used (e.g., computer programs, lab equipment)
• Your data analysis methods (e.g., statistical analysis , discourse analysis )
• An evaluation or justification of your methods

Read more about methodology sections

Your results section should highlight what your methodology discovered. You can structure this section around sub-questions, hypotheses , or themes, but avoid including any subjective or speculative interpretation here.

Your results section should:

• Concisely state each relevant result together with relevant descriptive statistics (e.g., mean , standard deviation ) and inferential statistics (e.g., test statistics , p values )
• Briefly state how the result relates to the question or whether the hypothesis was supported
• Report all results that are relevant to your research questions , including any that did not meet your expectations.

Additional data (including raw numbers, full questionnaires, or interview transcripts) can be included as an appendix. You can include tables and figures, but only if they help the reader better understand your results. Read more about results sections

Your discussion section is your opportunity to explore the meaning and implications of your results in relation to your research question. Here, interpret your results in detail, discussing whether they met your expectations and how well they fit with the framework that you built in earlier chapters. Refer back to relevant source material to show how your results fit within existing research in your field.

Some guiding questions include:

• What do your results mean?
• Why do your results matter?
• What limitations do the results have?

If any of the results were unexpected, offer explanations for why this might be. It’s a good idea to consider alternative interpretations of your data.

Read more about discussion sections

Your dissertation’s conclusion should concisely answer your main research question, leaving your reader with a clear understanding of your central argument and emphasizing what your research has contributed to the field.

In some disciplines, the conclusion is just a short section preceding the discussion section, but in other contexts, it is the final chapter of your work. Here, you wrap up your dissertation with a final reflection on what you found, with recommendations for future research and concluding remarks.

It’s important to leave the reader with a clear impression of why your research matters. What have you added to what was already known? Why is your research necessary for the future of your field?

Read more about conclusions

It is crucial to include a reference list or list of works cited with the full details of all the sources that you used, in order to avoid plagiarism. Be sure to choose one citation style and follow it consistently throughout your dissertation. Each style has strict and specific formatting requirements.

Common styles include MLA , Chicago , and APA , but which style you use is often set by your department or your field.

Create APA citations Create MLA citations

Your dissertation should contain only essential information that directly contributes to answering your research question. Documents such as interview transcripts or survey questions can be added as appendices, rather than adding them to the main body.

Read more about appendices

Making sure that all of your sections are in the right place is only the first step to a well-written dissertation. Don’t forget to leave plenty of time for editing and proofreading, as grammar mistakes and sloppy spelling errors can really negatively impact your work.

Dissertations can take up to five years to write, so you will definitely want to make sure that everything is perfect before submitting. You may want to consider using a professional dissertation editing service , AI proofreader or grammar checker to make sure your final project is perfect prior to submitting.

After your written dissertation is approved, your committee will schedule a defense. Similarly to defending your prospectus, dissertation defenses are oral presentations of your work. You’ll present your dissertation, and your committee will ask you questions. Many departments allow family members, friends, and other people who are interested to join as well.

After your defense, your committee will meet, and then inform you whether you have passed. Keep in mind that defenses are usually just a formality; most committees will have resolved any serious issues with your work with you far prior to your defense, giving you ample time to fix any problems.

As you write your dissertation, you can use this simple checklist to make sure you’ve included all the essentials.

Checklist: Dissertation

My title page includes all information required by my university.

I have included acknowledgements thanking those who helped me.

My abstract provides a concise summary of the dissertation, giving the reader a clear idea of my key results or arguments.

I have created a table of contents to help the reader navigate my dissertation. It includes all chapter titles, but excludes the title page, acknowledgements, and abstract.

My introduction leads into my topic in an engaging way and shows the relevance of my research.

My introduction clearly defines the focus of my research, stating my research questions and research objectives .

My introduction includes an overview of the dissertation’s structure (reading guide).

I have conducted a literature review in which I (1) critically engage with sources, evaluating the strengths and weaknesses of existing research, (2) discuss patterns, themes, and debates in the literature, and (3) address a gap or show how my research contributes to existing research.

I have clearly outlined the theoretical framework of my research, explaining the theories and models that support my approach.

I have thoroughly described my methodology , explaining how I collected data and analyzed data.

I have concisely and objectively reported all relevant results .

I have (1) evaluated and interpreted the meaning of the results and (2) acknowledged any important limitations of the results in my discussion .

I have clearly stated the answer to my main research question in the conclusion .

I have clearly explained the implications of my conclusion, emphasizing what new insight my research has contributed.

I have provided relevant recommendations for further research or practice.

If relevant, I have included appendices with supplemental information.

I have included an in-text citation every time I use words, ideas, or information from a source.

I have listed every source in a reference list at the end of my dissertation.

I have consistently followed the rules of my chosen citation style .

I have followed all formatting guidelines provided by my university.

Congratulations!

The end is in sight—your dissertation is nearly ready to submit! Make sure it's perfectly polished with the help of a Scribbr editor.

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5 Tips for Choosing Your DLP Dissertation Topic

Faculty Insights Law & Criminology Public Health & Public Policy

Kimberly Larson, associate teaching professor and director of Northeastern’s Doctor of Law and Policy program , shares her advice for students choosing the subject of their doctoral research.

Northeastern’s Doctor of Law and Policy Program (DLP) is focused on developing scholar-practitioners who wish to advance their field of practice. Students join the program from a variety of fields, such as government, human services, and higher education. During the program, professionals come together from their respective disciplines with the common goal of pursuing their passions through doctoral research and thinking deeply about how to advance their fields. The DLP Program provides legal and policy frameworks that students can use to pursue research in their respective fields and areas of interest. 

Choosing a topic of study can feel daunting at first, but the coursework in the Doctor of Law and Policy Program, along with our expert faculty, are here to support you through this journey. Keep in mind—many students successfully navigate this journey every year. Below are a few tips to think about in considering what you might want to pursue within your doctoral research. 

5 Tips for Choosing Your Doctoral Thesis or Dissertation Topic

1. consider the “fit” between your research and professional goals..

Students returning to obtain a doctoral degree after gaining experience in their field often have specific career goals. 

Is your goal to advance in your current position? 

One might, for example, choose a topic that will be applicable within their current field but in a more advanced role. Engaging in doctoral research and earning an advanced degree provides these students the opportunity to showcase their ambitions to their current employers. Or perhaps their thesis might help address a particular question that their current employer may be interested in.

Do you want to pivot in your current field? Or are you embarking upon a new journey altogether? 

Those looking to make a career change might utilize their thesis to establish themselves as an expert on a topic in the area to which they would like to make a shift. Students also often utilize their committee to make professional connections that can help support them in a career change or advancement. 

Reflecting on your objectives and making strategic decisions can help you focus in on a topic that will help you reach your professional goals.

2. Read more about your topic of interest.

Regardless of your professional expertise, students will need to read and master related scholarly literature as part of the thesis process. Why not get a jump start on this? Students’ best “ah-ha!” moments about their research question or methodological approach often come from reviewing recent literature in their area of interest. Explore available literature to see what questions are open and where there are existing gaps in the literature that you might address with your project. 

3. Consider topics you are passionate about.

Students should choose a subject that they feel strongly about, and that will sustain their interest over the course of the dissertation process. Is there an issue about which you are passionate? Is there a particular question that you don’t feel is being adequately addressed within your field? When choosing a dissertation topic, these questions are both good places to start. Then, you can continue your exploration by diving into reading on that topic. 

One student, for example, parlayed their interest in housing policy into research by examining potential technological solutions to housing crunches for low-income individuals in urban areas. As such, this was the focus of their thesis in the DLP program. They were also able to open up a business and obtain patents to very practically effect change once they graduated.

4. Contemplate the contribution you want to make to your field of study.

Some of the best research ideas come from one’s field of practice. DLP students often choose their doctoral thesis questions from those that are currently pressing within their professional field. Examining a question from one’s professional area gives the student a competitive advantage, as they likely already have a depth of professional experience in that area, and also helps ensure that the issue to be addressed is a problem in the field that needs solving and has practical application. 

5. Work with the support of your faculty advisor to focus your research questions.

While it’s best to enter your doctoral program with an idea of what you’d like to study, the faculty is there to help support you and hone your questions. After you’ve considered your goals and reviewed the literature in your area of interest, your thesis advisor and committee become invaluable resources in narrowing your question and developing a project that you’re excited about and can be completed during your doctoral program. Most students begin with a project idea that is very ambitious. The iterative review process, along with one’s committee, is designed to help you settle upon a project that both addresses an important problem of practice or gap in the extant literature and allows you to graduate on time. Always remember—this is just one study that marks the start of what will hopefully become your ongoing contributions to the scholarship in your field.

Examples of Past DLP Thesis Titles

Below are some real-world examples of theses pursued by Northeastern’s Doctor of Law and Policy students: 

• New Models of Private Sector Financing of Not-For-Profit Corporations
• Department of Defense Source Selection Procedural Ambiguities
• The Impact of College Cost on Low-Income Students at Private (Not-for-Profit), Four-Year Institutions in New England
• Zero Tolerance Policing: An Evaluation of the NYPD’s Use of Stop and Frisk
• Social Determinants of Vulnerability Framework: Incorporating the Needs of People into Mitigation, Response, and Recovery
• An Evaluation of Integration Programs for Deportees in Latin America and the Caribbean
• What Can Higher Education Administrators Learn from the Healthcare Industry’s Experience with Regulatory and Policy Change? A Success Framework
• Social Media Legitimacy: a New Framework for Public Participation and the Behavior of Organizations
• Nuclear Arsenals at Low Numbers: When Less Is Different
• Federalism and Federal Food Safety Procedures: Implementing the 2010 FDA Food Safety Modernization Act Across the 50 States

To learn more about Northeastern’s Doctor of Law and Policy program , explore our program page or get in touch with an enrollment counselor to get your questions answered. 

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About kim larson, jd, phd, related articles.

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Advice for surviving your PhD dissertation

Tips for each step of researching, writing and refining a PhD dissertation

From initial research and writing to revision, defence and award, the journey to completing a PhD is often described as a marathon. Here, academics offer their insight on each step towards producing an original work of scholarship. Starting with choosing a supervisor and establishing healthy habits, the advice goes on to cover how to structure a PhD dissertation, establish a writing routine, write an abstract, prepare for a viva and beat procrastination when motivation flags.

.css-7qmtvr{overflow:hidden;max-height:108px;text-indent:0px;} Get a head start in the first year of your PhD

Andreï V. Kostyrka

University of Luxembourg

How to start writing your PhD thesis

Strategies for writing a dissertation: write before you’re ‘ready’

Monique Dufour

Virginia Tech

How to navigate the PhD thesis

Luis R. Rojas-Solórzano

Nazarbayev University

How to write a PhD thesis: a step-by-step guide

Kelly Louise Preece

University of Exeter

One thesis, two supports, three months

Mariam Shadan

Dubai Medical College for Girls

How to tackle the PhD dissertation

Dalhousie University

Get your PhD thesis beach ready

John Sinclair

Colorado State University Global

Finding supervision and support

Top tips for choosing a PhD Supervisor

Near East University

Buddy system: creating community through writing

Lena Steveker, Laura Spadon

Individual consultations can help PhD students to complete their studies

Szabolcs Várbíró , Judit Réka Hetthéssy, Marianna Török

Semmelweis University

Transitioning to a PhD: common struggles and how to overcome them

Camille Bou

The London School of Economics and Political Science

Protect your emotional well-being for a happier writing experience

Burcu Totur Dikmen

Why getting a PhD is like building a Lego duck

The University of Edinburgh

Advice for doing a PhD by publication

Why get a PhD by publication (and other career tips)

James Derounian

University of Bolton

Publication-based doctorate: is it for me?

Northumbria University

Advice for supervising a PhD by published works

Alison Brettle

University of Salford

How to write an abstract for a research paper

Ankitha Shetty

Manipal Academy of Higher Education

Read this before you write your abstract

Michael Willis

How to find motivation, keep going and finish your thesis

Five ways to beat the procrastination monster

Glenn Fosbraey

University of Winchester

Bad news, kids (and academics): the magical motivation fairy doesn’t exist

Hugh Kearns

Flinders University

What is your academic writing temperament?

Rachael Cayley

University of Toronto

How to develop a researcher mindset as a PhD student

Shaif Uddin Ahammed

University of the West of Scotland

Evidence synthesis: what every student (and researcher) should know

Alessio Bellato

University of Southampton

Preparing for the viva or defence of your PhD

‘Augmenting’ the doctoral thesis in preparation for a viva

Edward Mills

How to answer viva questions

Jenny Scoles

Tips for writing a PhD dissertation: FAQs answered

Campus team

• Career Advice
• Advancing in the Faculty

Supporting Dissertation Writers Through the Silent Struggle

While we want Ph.D. students to be independent, our practices can signal that we’re not available to support them when they need it, writes Ramon B. Goings.

By  Ramon B. Goings

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Consider the following discussion. A student tells me, “I have so much going on right now. I’m trying to write this dissertation, take care of my mom and raise my kids. I’m giving to everyone else and have nothing left to write.”

“Thanks for sharing,” I respond. “Have you reached out to your adviser to discuss what is happening and see what resources you might be able to access?”

“My adviser said they will meet with me when I have a document ready for them to review. They are too busy,” the student says. “I’ve just been struggling in silence and don’t know what to do.”

This conversation highlights the reality for many doctoral students—they may experience hardships in silence. The doctoral journey is an interesting experience during which students are provided structure through coursework and then, once they enter the dissertation phase, that structure is removed. They usually are in a position where they have to manage everything themselves.

As faculty members, we try to provide the space of intellectual curiosity for our students and allow them to explore their dissertation topics. However, while we want students to be independent, our practices can signal that we are not available to support them when they need it. What are some strategies that we should consider implementing to support our students who too often struggle in silence? Below are three that I have implemented in my chairing process.

Create an environment where students can share. Students want to meet our expectations and standards. Yet in efforts to not burden us, some students may choose not to reach out to us when they are experiencing challenges. In some instances, they also do not come to us due to the fear—and, at times, the reality—that they will face adverse consequence for doing so. While that can occur during the coursework phase, it is even more common when students are writing their dissertations, because they believe they must be independent scholars and figure everything out on their own.

To combat those situations, we as dissertation chairs must first create an environment where students can feel comfortable to share what they are going through. One simple way to foster that type of relationship is to first ensure that you make time to meet regularly with your advisees. While that may seem to be an obvious practice, I often hear from doctoral students, like the one in the opening vignette of this article, that they find it challenging just to get on their chair’s calendar. That can unintentionally signal to them that we as faculty members are not available. As a faculty member, I know we have many demands on our time. To support my students, I have dedicated times each week when students can meet with me as needed. Making the time consistent on my calendar allows me to ensure other activities do not get in the way of meeting with students. To be more efficient, I created a special Calendly meeting link that has time slots open for students to schedule.

Programs should also have regular faculty meetings to discuss student academic progress, along with any well-being challenges such as mental health and/or life challenges. Sometimes a student is more comfortable talking with a faculty member who is not on their dissertation committee, and having such conversations can provide a space for all faculty members to learn what is going on and potentially troubleshoot before a student’s difficulties gets worse.

Choose your words with care. As dissertation chairs, our words hold significant power with our advisees. Those words become even more important when our students are experiencing personal and/or professional challenges. To illustrate this point, I offer you one word that, when used, can be a trigger for students: concern.

Students have told me that if we use the word “concern” when talking with them, it signals something is drastically wrong with what they are doing. So if I am relaying information—especially feedback—to students, I ask myself the following before I speak:

• Is what I need to share truly a concern? For example, some students receive a concern comment when minor or moderate editorial changes—grammar, syntax, formatting and the like—are needed. While those must be fixed, they don’t usually rise to the level of concern that impacts the integrity of the study, a misalignment between the research questions and methodology.
• Can I express my thoughts in a more detailed way rather than just expressing concern? In the example above, if I thought the student’s editorial work needed updates, I would explain that to them and provide examples on how the student can make the changes that I am requesting.

I am certainly aware that interpretation is important, but while students can take feedback from us on their work, I have learned to be reflective about what I say. It can influence their self-confidence, a key component for completing the dissertation process.

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Understand your role is not a problem solver but solution facilitator. When I talk with other faculty members, some are quick to declare they are scientists, not therapists, so supporting their students’ distinct life challenges isn’t in their job description. I also agree that it’s not our role as faculty members to solve students’ problems for them. But we can provide a listening ear and, most of all, connect students to the various resources that can support them in their decision making.

For instance, a chair I know was advising a doctoral student who was communicative when writing their proposal and moved through the process fairly quickly. Then, after the student collected their data, the chair noticed that the student slowed down their progress and that when they met the student exhibited some uncharacteristic behaviors. Fortunately, the two had established a positive rapport, so the faculty member was able to learn that the student was unexpectedly taking on caregiving responsibilities for a sibling while experiencing some housing instability. In that case, the faculty member was able to connect the student with a campus resource for caregivers and, through it, the student was able to find housing support.

I know many faculty members are already engaging in the practices that I’ve suggested, but I continue to encounter doctoral students at the dissertation phase who are suffering in silence.

I invite you to share with me in conversations on X any other successful strategies you’ve implemented to support your doctoral students. My mission is to bring to light some of these ideas so we can make our graduate programs spaces where our students can flourish.

Ramon B. Goings ( @ramongoings ) is an associate professor in the language, literacy and culture doctoral program at the University of Maryland, Baltimore County, and founder of Done Dissertation .

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Curricular Recommendations and Degree Requirements

Last modified on June 21st, 2024

• My Information
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CURRICULAR INSTRUCTION

The professional curriculum at Cornell Law School conforms to American Bar Association Standard 302 for Approval of Law Schools.

(1) the substantive law generally regarded as necessary to effective and responsible participation in the legal profession;

(2) legal analysis and reasoning, legal research, problem solving, and oral communication;

(3) writing in a legal context, including at least one rigorous writing experience in the first year and at least one additional rigorous writing experience after the first year;

(4) other professional skills generally regarded as necessary for effective and responsible participation in the legal profession; and

(5) the history, goals, structure, values, rules and responsibilities of the legal profession and its members

It also offers substantial opportunities for:

(1) live-client or other real-life practice experiences, appropriately supervised and designed to encourage reflection by students on their experiences and on the values and responsibilities of the legal profession, and the development of one’s ability to assess his or her performance and level of competence;

(2) student participation in pro bono activities; and

(3) small group work through seminars, directed research, small classes, or collaborative work.

JD DEGREE REQUIREMENTS

Please read the information below to understand the credit and curricular requirements for the Cornell JD degree. Each student is responsible for ensuring that all graduation and bar admission requirements are met. The Registrar and the Director of Student Services and Academic Advising in the Dean of Students Office are available to advise students on requirements.

Summary of requirements for the JD degree.

• Six credits of experiential learning courses.
• A three credit course which satisfies the writing requirement.
• A two-three credit course which deals with issues of professional responsibility.

Students may find courses satisfying these requirements in the Course Catalog by browsing by Course Attributes – Degree Requirements.

*All Students: Please note that you cannot use one course to fulfill multiple requirements. For example, if a course is marked as WR OR EL, you may use it to fulfill the writing requirement or the experiential learning requirement, but not both.

EXPERIENTIAL LEARNING REQUIREMENT

All students are required to take six credits of experiential learning courses before graduation. Many students already enroll in clinics, externships and simulation classes that will satisfy the requirement. The experiential learning courses are marked as “Experiential Learning” in the Course Catalog .

PROFESSIONAL RESPONSIBILITY REQUIREMENT

All students must complete an upper-class course in professional responsibility before graduation. The professional responsibility courses are marked as “Professional Responsibility” in the Course Catalog.

WRITING REQUIREMENT

All students must satisfy the writing requirement before graduation. The writing requirement is met by satisfactorily completing a three credit course. The course must be taken for a letter grade. Enrollment in colloquiums, problem courses and seminars is limited. The writing courses are marked as “Writing” in the Course Catalog.

CREDIT RESTRICTIONS

A student electing a course outside of the Law School for credit, or otherwise, must also register for at least 9 credit hours in the Law School each term.

Regardless of the number of courses elected outside the Law School, a student must earn 72 of the required 84 credit hours in professional law subjects.

• Students must petition for a course outside of the Law School to count towards their law degree and receive approval from the Dean of Students office.

A law school may not permit a student to be enrolled at any time in coursework that would exceed 20 percent of the total coursework required by that school for graduation. Students in the JD program may not take more than 17 credits in any one semester. Students in the JD-LLM program may take a maximum of 21 credits per semester. The Registrar will provide similar maximum semester credit information for those in various joint degree programs.

During the second and third years, JD students may not register for fewer than 12 hours or more than 17 hours during any one term or fewer than 26 hours in any one academic year. Exceptions to the credit hour requirements must be approved by the Dean of Students. Students must submit an exception to hours form before the end of add/drop.

20 credit rule

Students may take no more than 20 credits outside of regularly scheduled law school classes. For those interested in doing a full-term externship advance planning will be more critical to avoid disappointment.

12 credit rule

A student may take no more than 12 credits outside of the law-school curriculum. This includes all courses taught in other departments on campus and not cross-listed in the Law School.

All externships and directed reading, supervised writing and supervised teaching will be graded S/U. Other courses may have a mandatory S/U grade and will be noted in the Course Catalog under grade pptions as “S/U only.” These classes do not count towards the two classes S/U limit (mentioned below) since these classes are mandatory S/U.

Grading Option

Each JD student, after the first year, may elect to take up to two upper-class courses at Cornell Law School on an S/U basis. Students will be notified when the S/U grading link is available (typically available soon after add/drop ends). If made, the election shall be irrevocable. Students may not make this election in courses that they use to satisfy the law school’s upper-class writing requirement. In addition, instructors may designate specific courses that they teach as not eligible for the S/U election.

CLASS ATTENDANCE

Attendance is required on a regular basis beginning on the first day of the semester. Irregular attendance or neglect of work may result in removal from the course with a grade of F or other sanctions. Regular attendance is required for certification to the bar examiners.

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