York University Graduate Program in Socio-Legal Studies SLST 6005 3.0 Advanced Research Strategies in Socio-Legal Methods ** Web version** Fall 2014 Fridays, 11:30am – 2:30 pm Location: Ross N814 Instructor: Prof. Dagmar Soennecken Office: 136 McLaughlin College Office hours: Mondays, 1-2 pm, Fridays, after class and by appt. E-mail: dsoennec@yorku.ca Course Synopsis & Pedagogy This seminar surveys the various ways in which data are commonly conceptualized, collected and analysed in socio-legal studies. It brings together students in both the MA and PhD stream with the goal of making them reflect on where they stand as researchers (their “epistemology”), how they view the world (their “ontology”) and what research methods they are prefer over others. The course is taught as an “interactive” graduate seminar. As a result, aside from in-class discussions, we will also hear from and engage with guest speakers, participate in group activities and sample other learning strategies designed to foster ‘meta’ learning (“learning about yourself”) and proficiency in research methods. The goal is to create a student-centred classroom that allows for significant learning experiences, fosters plenty of reflection and also solidifies your research methods skills. Course Requirements Required readings: a) Jonathon W. Moses and Tørbjorn L. Knutsen, Ways of Knowing: Competing Methodologies in Social and Political Research (Basingstoke: Palgrave Macmillan, 2007). (Available for purchase at the York bookstore, 1 copy is also on reserve at the Scott library.) I consider the textbook mainly a good source for background reading. It is more on the philosophical end. Some chapters are on the ‘required’ part of the reading list below. 1 b) Weekly readings are available electronically through our York moodle course site, either as pdfs under the “fair dealing” guidelines, or as links to e-articles or e-book chapters, which can be accessed only through the York proxy servers as required by copyright law. The weekly readings contain a mixture of contributions, both philosophical and methodological, along with a number of socio-legal research examples, many of which have received or been nominated for awards. They are drawn from books, journals or edited volumes that include other contributions that you may also find interesting. And remember that the reading list is just a small sample of what is out there (on the web, at the library etc.). Assignments: 1. In-class participation and preparation 20% 2. Participation in moodle discussion forums 5% 3. Researcher diary 20 % 4. Methods assessment 20 % 5. Research ethics proposal 25 % Course Policies Assignments All assignments are due electronically (via moodle upload) on the due date specified above. Late penalty: 5 percent per day, 7 days a week. If you really need more time, talk to me before the due date! (Obvious exceptions: cases of documented medical illness or equivalent, e.g. family crisis.) Electronic Devices You will find this class much more enjoyable if you concentrate on it, rather than on whatever is going on elsewhere in the electronic world. Using any electronic devices takes your attention away from class, plus it often distracts your neighbours as well. I may ask you to turn off the device or leave the classroom if I find your behaviour disrupts my ability to conduct the class. Plus, there will be a break during which you can reconnect. 2 Accesssibility Students with health-related, learning, physical, psychiatric, or sensory disabilities who require reasonable accommodations in teaching style or evaluation methods should discuss their concerns with the course instructor as soon as possible so that appropriate arrangements can be made. Please make sure you also consult http://accessibilityhub.info.yorku.ca/ for additional information and remember to educate yourself on the counselling services available to you at York at http://www.yorku.ca/cds/ Academic Dishonesty (Plagiarism) Plagiarism is representing someone else's ideas, writing or other intellectual property as your own. This includes: Presenting all or part of someone else's published work as something you have written Paraphrasing someone else's writing without proper acknowledgement Any use of the work of others, whether published, unpublished or posted electronically (e.g., on web sites), attributed or anonymous, must include a correct reference to the source. In other words …… In order to avoid plagiarism, you must reference the original source properly, which includes putting in all of the required quotation marks if you are using direct quotes. For more: Test and educate yourself using the ‘academic integrity’ tutorial and the webresearch tutorial: http://www.yorku.ca/tutorial/academic_integrity/ and http://www.yorku.ca/webclass/. Read the key points of York’s Senate policy on academic dishonesty: http://www.yorku.ca/tutorial/academic_integrity/polpoints.html. Read up on the use of www.turnitin.com and your alternatives in a course, such as this one: http://www.yorku.ca/tutorial/academic_integrity/polpoints.html and at http://www.yorku.ca/academicintegrity/students/turnitin-students3.htm. 3 Use the services of the various Writing Centres and Learning Skills Centres on campus: http://www.yorku.ca/laps/writ/centre/, http://www.yorku.ca/acadres/writing_centres.htm and http://lss.info.yorku.ca/. FGS GRADING SYSTEM A+ A AB+ B C F I Exceptional Excellent High Highly Satisfactory Satisfactory Conditional Failure Incomplete Weekly reading schedule 1 2 Sept 12 Sept 19 Introduction Moses & Knutsen, ch. 1 Interdisciplinarity & the challenge of asking researchable questions The “what” of a project 3 Sept 26 Simon Halliday and Patrick Schmidt “Introduction: Beyond Methods” and Heribert Kritzer, “Conclusion: “Research is a Messy Business” in Halliday & Schmidt (eds.) Conducting Law and Society Research: Reflections on Methods and Practices. New York: Cambridge University Press, (2009).(York e-book, ch. 1 and 23) Kirby, Sandra, Lorraine Greaves, and Colleen Reid (2006) "Planning the Project: Developing a Research Focus and Research Question(s)," in Experience Research Social Change: Methods Beyond the Mainstream. Toronto: Broadview Press, 2010: 63-85. Readings for central question exercise – TBA Jurisprudential & legal case analysis How do lawyers think? Thinking unlike lawyers Diana Majury, “Women Are Themselves to Blame,” in Melanie Randall et.al. (eds.) Making Equality Rights Real (Toronto: University of Toronto Press, 2006) (York e-book) 4 Niyta Duclos (Iyer), "Disappearing Women: Racial Minority Women in Human Rights Cases" (1993), 6 Canadian Journal of Women and the Law 25-51. Monica Varsanyi, “Rescaling the “Alien,” Rescaling Personhood: Neoliberalism, Immigration, and the State,” Annals of the Association of American Geographers, 98(4) 2008: 877-896. Recommended Moses & Knutsen, ch. 7 Guest: Maura Matesic, Scott library, mmatesic@yorku.ca 4 Oct 03 Comparisons across space, place and time 5 Oct 10 Dagmar Soennecken, “Extending Hospitality? History, Courts and the Executive,” in Studies in Law, Politics and Society, ed. Austin Sarat, Vol. 60 (2013) 85-109. Valverde, Mariana (2012) Everyday Law on the Street: City Governance in an Age of Diversity. Chicago, 2012. “Chapter 1. Introduction.” (York e-book). Ran Hirschl, “On the blurred methodological matrix of comparative constitutional law,” in The Migration of Constitutional Ideas, ed. S. Choudhry, Cambridge, 2006. York e-book. Chapter 2. ***Researcher diary # 1 due*** Observation, participation & ethnography Sally Engle Merry, Human Rights and Gender Violence, ch. 1: “Introduction: Culture and Transnationalism”. Chicago, 2006 (York e-book), p.1-35. Steven Levitt & Stephen Dubner, Freakonomics, ch. 3: “Why do drug dealers still live with their mothers?” HarperCollins: 2006. Sarah Morando Lakhani, “Producing Immigrant Victims’ “Right” to Legal Status and the Management of Legal Uncertainty,” 38 (2) Law & Social Inquiry 2013: 442–473 Recommended John Flood, “Socio-legal ethnography,” in Theory and Method in Socio-Legal Research, ed. by Reza Banakar and Max Travers, Hart, 2005. Moses & Knutsen, ch. 9 Clifford Geertz, “Thick Description: Toward an Interpretive 5 Theory of Culture” in Robert Emerson ed. Contemporary Field Research: Perspectives and Formulations. 2nd edition (Prospect Heights, IL: Waveland Press, 2001 Guest: Annie Bunting (SLST faculty) 6 Oct 17 Archival & historical research James Walker, “Race,” Rights and the Law in the Supreme Court of Canada: historical case studies; Wilfrid Laurier University Press, 1997. “Invitation” and parts of ch. 1 (section 3, “approaching the past”) Soren Frederiksen, “Case Comment: The Trial of William Palmer, a Mid-Nineteenth Century English Scientific Evidence Case,” Journal of Law, Information and Science (2011) 112-127. Amanda Glasbeek, Feminized Justice: The Toronto Women’s Court, 1913-34, UBC Press, 2009. Introduction. Guest: Amanda Glasbeek (SLST grad director) 7 Oct 24 Interviews Nancy Nicol and Miriam Smith, “Legal Struggles and Political Resistance: Same-Sex Marriage in Canada and the USA,” Sexualities 11 (6) 2008. Vic Satzewich, “Visa Officers as Gatekeepers of a State's Borders: The Social Determinants of Discretion in Spousal Sponsorship Cases in Canada,” Journal of Ethnic and Migration Studies (2013). Andrea Fontana and James H. Frey, "The Interview: From Neutral Stance to Political Involvement," in Norman Denzin and Yvonne Lincoln eds. Sage Handbook of Qualitative Research 3rd ed. (Thousand Oaks, CA: Sage, 2005), 695728. Guest: Yael Machtinger (SLST PhD candidate) 8 9 Oct 31 Co-curricular days – no class Nov 07 Experiments & surveys Carroll Seron et. al., “The Impact of Legal Counsel on Outcomes for Poor Tenants in New York City's Housing Court: Results of a Randomized Experiment,” 35 (2) Law & Society Review (2001) 419-435. 6 “Tom Tyler and Why People Obey the Law” in Simon Halliday and Patrick Schmidt in Conducting Law and Society Research: Reflections on Methods and Practices. New York: Cambridge University Press, (2009) (York ebook, ch. 13, p.141-151.) Readings re. coding and/or qualitative software - TBA Guest: Lesley Jacobs (SLST faculty) 10 Nov 14 Discourse, narrative & media analysis Sherene Razack, “Simple logic”: race, the identity documents rule and the story of a nation besieged and betrayed,” 15 Journal of Law & Social Policy, 2000: 181209. Michael McCann et. al., “Criminalizing Big Tobacco: Legal Mobilization and the Politics of Responsibility for Health Risks in the United States,” 38 (2) Law & Social Inquiry (2013) : 288-321. Allyson Lunny, book chapter - TBA Recommended: Teunn A. van Dijk, "Principles of Critical Discourse Analysis," Discourse and Society 4: 2 (1993): 249-283 Moses & Knutsen, ch. 6 Guest: Allyson Lunny (SLST faculty member) Nov 21 Quantitative analysis & statistics Ashley Rubin, “The Unintended Consequences of Penal Reform: A Case Study of Penal Transportation in 18th Century London,” 46 (4) Law & Society Review 2012: 815851. Moses & Knutsen, ch. 4 &11 Haggerty, Kevin (2001) “Introduction and “From Private Facts to Public Knowledge: Authorship and the Media in Communicating Statistical Facts” in Making Crime Count. pp. 3-9 and pp. 161-186. Toronto, University of Toronto Press. Recommended: Collins, Randall (1984) “Statistics versus Words” Sociological Theory. 2: 329-362. Guest: Daniel Perlin, Osgoode library, DPerlin@osgoode.yorku.ca 7 ***Researcher diary # 2 due*** 12 Nov 28 Documents, data & access to information 13 Mike Larsen and Justin Piché, “Exceptional State, Pragmatic Bureaucracy, and Indefinite Detention: The Case of the Kingston Immigration Holding Centre,” Canadian Journal of Law and Society 24: 2 (2009): 203-229. Justin Piché, Accessing the State of Imprisonment in Canada: Information Barriers and Negotation Strategies,” (ch. 9) and Sean H. Hier, “Accessing Information on Streetscape Video Surveillance in Canada,” (ch.10) in Brokering Access: power, politics and freedom of information process in Canada, ed. Mike Larsen and Kevin Walby, UBC Press, 2012. (York e-book but restricted no. of users) Dec 05 Research Ethics Panel on Research Ethics (jointly created by CIHR, NSERC, SSHRC), Tri-Council Policy Statement: Ethical Conduct for Research Involving Humans (2nd edition; site offers comparison with 1st edition [1998] 2010 amendments). Research Ethics at York and FGS Research Ethics Forms and Procedures Yvonne S. Lincoln, "Institutional Review Boards and Methodological Conservatism: The Challenge to and from Phenomenological Paradigms," in Norman Denzin and Yvonne Lincoln eds. Sage Handbook of Qualitative Research 3rd ed. (Thousand Oaks, CA: Sage, 2005), 165182. ****Research ethics assignment due*** Dec 7 = last day of classes 8