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Presented here is a selection of theses and dissertations from the School of Law. Please note that this is not a complete record of all degrees awarded by the School.

This material is presented to ensure timely dissemination of scholarly and technical work. Copyright and all rights therein are retained by authors or by other copyright holders. All persons copying this information are expected to adhere to the terms and constraints invoked by each author's copyright. In most cases, these works may not be reposted without the explicit permission of the copyright holder.

Recent Submissions

Challenges and limitations of granting legal personality to distributed/decentralized autonomous organizations , development of international shipping standards under the auspices of the imo and their implementation in practice: a case study of thailand , adequacy of the ex post armed attack framework of the jus ad bellum in relation to the evolving means and methods of warfare , governing disputed maritime areas , what we say when we criminalise: a metanormative inquiry , testamentary law in england, c. 1450-1540 , sovereign immunity from execution of foreign arbitral awards in the 21st century , conceptualizations of addiction in harm reduction strategies for effective and ethical uk drug policy , liminality and the lived experience of law in medicine: the legal consciousness of physicians in encounters with people living as undocumented migrants , contested citizenship and statelessness in question: an anlysis of cases of overseas taiwanese people and tibetan exiles in taiwan , eternity and the constitution: the promise and limits of eternity clauses , hate speech in the british press: a theoretical and practical assessment of the case for broader regulation , liberty versus security under illiberal constitutionalism: the legality of criminalising humanitarian assistance in hungary and greece , operationalising ‘publicness’ in data-intensive health research regulation: an examination of the public interest as a regulatory device , worldmaking powers of law and performance: queer politics beyond/against neoliberal legalism , development of law of the sea by unclos dispute settlement procedures: towards a coherent jurisprudence , evaluating the european union's response to online misinformation and disinformation: how to address harm while maximising freedom of expression , reconciling reverse burdens of proof with the presumption of innocence: a new approach , uses of roman law in the construction of the concept of possession in the german-speaking countries in the nineteenth century , paths of effectiveness, fairness and legitimacy for eliciting public confidence in policing and cooperation with the police in monterrey metropolitan neighbourhoods .

Home > Student Works & Orgs > LLM Theses and Essays

LLM Theses and Essays

Submissions from 2013 2013.

Some Important Causes for Settlement in American Civil Litigation , Felipe Forte Cobo

Submissions from 2011 2011

TO REVEAL OR CONCEAL?—AN ISP’S DILEMMA, Presenting a New “Anonymous Public Concern Test” for Evaluating ISP Subpoenas in Online Defamation Suits , Cayce Myers

Submissions from 2008 2008

Infrastructure Development in Emerging Economies and the Roles Played by Multilateral Institutions , Amjad Ahasan Basheer

Universal Human Rights and Threat to International Peace and Security: The United Nations' Obligation to Intervene , Godfrey Mhlanga

Submissions from 2007 2007

Applicable Law Provisions in International Uniform Commercial Law Conventions , Paolo E. Conci

Licenses, Leases and Other Contractual Arrangements for the Exploration and Production of Petroleum A Comparative Study Between Nigeria and the United States , Omolara Elumelu

Judicial Review of International Commercial Arbitral Awards by National Courts in the United States and India , Aparna D. JUJJAVARAPU

Ethiopia's Sovereign Right of Access to the Sea under International Law , Abebe T. Kahsay

Comfort Women: Human Rights of Women from Then to Present , Jinyang Koh

Imports or Made-in-China: Comparison of Two Constitutional Cases in China and the United States , Xiao Li

Taxing Emotional Distress Recoveries: Does Murphy Show the Way? , Kaushal P. Mahaseth

The Land of the Free: Human Rights Violations at Immigration Detention Facilities in America , Caitlin J. Mitchel

International Legal Standards Governing the Use of Child Soldiers , Dorcas B. Mulira

Corporate Restrictions in Mexico and the United States , Dennis Rios

Regulating Transnational Corporation for Environmental Damage , Sonal Sahu

The Need for a Transnational Appellate Arbitral Review Body , Priya Sampath

A Consumption Tax versus a Federal Income Tax in the United States , Shelly-Ann R. Tomlinson

Financial Holding Company System and Relevant Legislation , Ye Wang

Submissions from 2006 2006

The Hamburg Rules , Kweku G. Ainuson

Tourism in Antarctica: History, Current Challenges and Proposals for Regulation , Juan Y. Harcha

Reconsidering the Medical Expert Witness System , Yunwei Jiang

A Comparative Study of the Legal Responses to Domestic Violence in the United States and Hungary , Adam Keri

Enforcement of Human Rights under Regional Mechanisms: a Comparative Analysis , Fekadeselassie F. Kidanemariam

Shareholders' Agreements in Close Corporations and Their Enforcement , Ricardo Molano Leon

A Comparative Study on the Trade Barriers Regulation and Foreign Trade Barriers Investigation Rules , Junrong Song

How to Deal with Multi-party Nominations of Arbitrators in International Commercial Arbitration - a Comparative Study of Appointment Procedures with Emphasis on U.S.-European Commerce between Private Entities , Marie-Beatrix Tupy

Balancing Regulations and Incentives for Foreign Direct Investment: a Case Study of Mexico and Kazakhstan , Dauren B. Tynybekov

Submissions from 2005 2005

The Legality of Humanitarian Intervention , Eric Adjei

A Comparative Assessment of U.S. Direct Investment in China and India , Kalpana Arjunan

Pre-contractual Obligations in France and the United States , Florence Caterini

Comparative Law: Alcohol, Drug Abuse & Jurisprudence from the United States to Korea , Hyun J. Cho

Commercial Speech in the United States and Europe , Oxana Valeryevna Gassy-Wright

Accountability of Transnational Corporations under International Standards , Lea Hanakova

Protection of "Persona" in the EU and in the US: a Comparative Analysis , Anna E. Helling

Income Tax Preferences to Foreign Investment in China since the Late 1970s , Xiaoyang Hou

Role of the World Bank and IMF in Issuing Loans to Russia: Responsibility, Tricks, Corruption, Mafia, and Important Use of Legal Enforcement , Elmira A. Makova

Governance and Responsibility of Multinational Enterprises: the Use of Codes of Conduct and Litigation to Change Multinational Enterprises' Behavior , Maria Fernanda Matach

Free Movement of Goods: a Comparative Analysis of the European Community Treaty and the North American Free Trade Agreement , Pedro A. Perichart

The Drafting Process For a Hague Convention on Jurisdiction and Judgements with Special Consideration of Intellectual Property and E-Commerce , Knut Woestehoff

The Drafting Process for a Hague Convention on Jurisdiction and Judgments with Special Consideration of Intellectual Property and E-commerce , Knut Woestehoff

Trade-related Environmental Measures and GATT: the Conflict between Trade Libralization and Environmental Protection , Fang Zheng

Submissions from 2004 2004

The Question of Non-trade Issues in the WTO from a Developing Country Perspective , Cecilia Alzamora

Cybercrime , Karissa Ayala

Protection of Children from Exploitation in West Africa: Illusion or Reality? , Afua Brown-Eyeson

Legal Structures of European Security and Defense Policy and War Powers under the U.S. Constitution , Heiko Buesing

U.S. Antidumping Law and Practices against Korean Exports , Jinwook Choi

Regulation of Hate Speech , Haiping Deng

The Institutional Framework of the European Union for the Conduct of Foreign Affairs , Frederic Eggermont

Comparison of New Zealand and United States Securities Markets through the Looking Glass of the Efficient Market Hypothesis , Carla Natalia Gargiulo

Private Party Participation in the World Trade Organizations , Taehyung Im

Issues Regarding the Most Effective Tool of U.S. Bankruptcy Law , Zeenat Kera

Contracts and Electronic Agents , Sabrina Kis

Historical Aspects of State Arbitration Policy , Elton R. Lanier

Regulating Non-territorial Commercial Environments in Territorial-based Legal Systems , Pedro Martin G. Less Andrade

Unilateral Refusals to Deal in Intellectual Property as Monopolistic Conduct , Bolanle Meshida

Comparative Analysis of Federal Income Tax Imposed on U.S. C Corporations and Russian Joint Stock Companies , Alina Y. Mitskevich

Legislation and Implementation of International Environmental Law by African Countries: a Case Study of Ghana , Brigitte L. Okley

The Challenges of Tax Collection in Developing Economies (with Special Reference to India) , Pramod K. Rai

Family Businesses, Choices of Legal Entity , Martina L. Rojo

Sound Record Producers' Rights and the Problem of Sound Recording Piracy , Stanislava N. Staykova

The Change of Corporate Governance Structure in the United States and Taiwan , Yifan Tseng

Fiduciary Duties of Directors in the Context of Going-private Transactions to the Minority Shareholders under Delaware Law , Yuan Wang

Recognition and Enforcement of International Commercial Arbitration Awards , Shouhua Yu

Submissions from 2003 2003

Interim Measures in International Commercial Arbitration: Past, Present and Future , Sandeep Adhipathi

Reservations, Human Rights Treaties in the 21st century: from Universality to Integrity , Pierrick Devidal

Technological Advances Leading to the Diminishing of Privacy Rights , Anabelle Maria D'Souza

Protection of Consumer Privacy in E-commerce , Choong L. Ha

Mergers and Acquisitions in Europe: Analysis of EC Competition Regulations , YoungJun Lee

Security Interests in Intellectual Property Rights: the Time Has Come for the Enactment of New Laws , Esteban Mazzucco

The Convergence of Trade and Environment and the Relative Role of WTO , Xiaoxi Meng

The Main Characteristics of State's Jurisdiction to Tax in International Dimension , Alfred Nizamiev

U.S. Foreign Direct Investment in Developing Countries: a Case Study of Malaysia, Mexico and South Africa , Abenaa A. Oti-Prempeh

Free movement of goods: A comparative analysis of the European community treaty and the north American free trade agreement , Pedro A. Perichart

A Historical View of Intellectual Property Rights in the Palestinian Territories , Ihab G. Samaan

Submissions from 2002 2002

An Analysis of the Duty to Negotiate in Good Faith: Precontractual Liability and Preliminary Agreement , Aarti Arunachalam

Multinational Corporations Facing the Varying Concepts of Jurisdiction : "forum non-conveniens", Contrasts between the Anglo-American and the European Law Systems , Sandrine Buttin

Minority Shareholders and Oppression in Close Corporations: Contracting as an Effective Protection Device , Marcella Machado Carneiro

Freedom of Speech, Cinema and Censorship: a Comparative Analysis of Issues of Freedom of Speech Violations as a Result of the Rating Regulation Authorities in the Motion Picture Industry in France and the United States , Stephanie Grenier

International Corporate Governance Practices and Their Implications on Investors , Namwandi Hamanyanga

Current Problems of International Taxation of Electronic Commerce , Nuran G. Kerimov

An End to the Political Question Doctrine in Korea?: A Comparative Analysis , Myeong-Sik Kim

The Evolution of the Law's Treatment of the Confessions of Mentally Disabled Criminal Suspects , John E. Knight

Public and Private Interests in Copyright Law: Creativity, Science and Democracy vs. Property and Market , Daryana I. Kotzeva

The Intra-enterprise Conspiracy Doctrine as Applied to Affiliated Corporations under Section 1 of the Sherman Act , Michael B. Menz

Privacy and Personal Data Protection in the Information Age: A Comparative Evaluation , Emeka B. Obasi

The Right to Freedom of Religion vis a vis Religious Intolerance in the New Millennium , Buihe P. Okenu

Conflict of Laws in the Enforcement of Foreign Awards and Foreign Judgments: the Public Policy Defense and Practice in U.S. Courts , Anupama Parameshwaran

Balancing Interests: Statute of Limitations and Repose in Medical Malpractice Cases , Laurie L. Paterson

A Comparison of Environmental Impact Assessment Process between the National Environmental Protection Act (NEPA) and the Basic Environmental Protection Act (BEPA) , V An Rhee

Offshore Investments , Ana Maura M. Safrin

Lawyers' Value in Mergers and Acquisitions under the New World of Multidisciplinary Practices , Yunling Wu

Submissions from 2001 2001

FAIR USE AND THE DIGITAL DISTRIBUTION OF MUSIC - RECORDING INDUSTRY ASSOCIATION OF AMERICA v. NAPSTER, INC. (A COMPARATIVE ANALYSIS OF A RESTRAINT ON COPYRIGHT IN THE UNITED STATES OF AMERICA AND TRINIDAD AND TOBAGO) , MICHELLE LISA ALEXANDER

THE IMPACT OF MODERNIZATION AND DEVELOPMENT ON MUSLIM WOMEN IN EGYPT: A LEGAL PERSPECTIVE , MAZAHIR MUHAMMED ATA EL-SID

David vs. Goliath (2001): An Analysis of the OECD Harmful Tax Competition Policy , Truman Butler

Transfer Pricing: A Comparative Study of the French and U.S. Legal Systems , Valerie Ciancia

REFORMING CHINA'S PARTNERSHIP LAW: ACHIEVEMENTS, PROBLEMS AND PROSPECTS , HONGBING FAN

SHOULD AN EFFECTIVE INTERNATIONAL CRIMINAL COURT HAVE PRIMACY OR BE COMPLEMENTARY TO NATIONAL COURTS? AN ANALYSIS OF CONCURRENT JURISDICTION IN THE AD HOC TRIBUNALS AND THE ROME STATUTE , GODWIN YENIKA FONYE

Foreign Direct Investment in Colombia , Juliana Gomez

LEGALIZE IT? -OSP AND PEER-TO-PEER NETWORK LIABILITY FOR ONLINE MUSIC COPYRIGHT INFRINGEMENTS IN THE UNITED STATES AND GERMANY , CHRISTIAN NILS JOCHEN ENGELHARDT

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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

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Home > FACULTIES > Law > LAW-ETD

Law Theses and Dissertations

This collection contains theses and dissertations from the Department of Law, collected from the Scholarship@Western Electronic Thesis and Dissertation Repository

Theses/Dissertations from 2023 2023

An Examination of the International Court of Justice’s Approach to Customary International Law , Janet Adewumi Bamigbose

A Corrective Justice Account of Building Authority Liability in Canadian Negligence Law , Jonathan de Vries

Re-Imagining Indigenous Consultation: An Examination of Canada’s Duty to Consult , Paul Hansen

THE HUMAN RIGHT TO DEVELOPMENT: Historical and Contemporary Linkages to Colonialism , Norman R. Kimber

The Development of an Expectations Theory of Patent Law by Creating a Nexus with John Locke's Theory of Private Property , Jason D. Newman

Theses/Dissertations from 2022 2022

Legal Representation for Complainants of Sexual Violence in the Criminal Justice System: A Proposal to Advance Women's Equality , Karen M. Bellehumeur

Care and Social Justice: Developing a Right to Basic Income in Canada , Stephanie Gellatly

Meaning of Accountability Under Section 72 of the Youth Criminal Justice Act , Brenda Kobayashi

Can Novel Findings from Emerging Neuroscientific Technologies be Incorporated into Trademark Law in Canada? , Pankhuri Malik

Community Development Agreements: The Hardening and Evaluation of a Norm , Luka G. Petrusevski

Himalaya Clauses in Sea Carriage Contracts: Closing the Pandora’s Box , Mary Ppasiou

Reputation as the Key Link Amongst Moral Rights, Prohibited Marks, and Geographical Indications , Darinka Tomic

Theses/Dissertations from 2021 2021

A 'Critical Mass' Approach to Negotiations in the WTO: A Case Study Analysis , Temitope O. Adeyemi

The Measure of a Monitor's Role , Alejandro E. Gonzalez

Interpreting UNDRIP: Exploring the Relationship Between FPIC, Consultation, Consent, and Indigenous Legal Traditions , Jeffrey Warnock

Theses/Dissertations from 2020 2020

Before the Ice Disappears: Pursuing Climate Justice for Inuit Women in the Context of Mining in Nunavut , Angeline Bellehumeur

The Circumstances of the Offence: The Post-Ipeelee Sentencing of Indigenous Offenders for Manslaughter in the Superior Courts , Conal Calvert

Privacy and Surveillance in the Workplace: Closing the Electronic Surveillance Gap , Christina Catenacci

An Anishinaabe Tradition: Anishinaabe Constitutions in Ontario , Leaelle N. Derynck

Safeguarding the Principle of Non-Refoulement in Europe: Counteracting Containment Policies in the Common European Asylum System , Jenny Hiu Kwan Poon

Stewart v. Elk Valley Coal Corp.: The Rehabilitation of Addiction Disability Law in Canada , Nadia Pronych

Can Regulatory Reform Reverse the Decline of Public Markets in Canada? Assessing the Factors Impacting Decisions by Corporate Leaders to Avoid Canadian Public Listings , Louis Daniel Wilson

Theses/Dissertations from 2019 2019

Extending Our Promise: Providing Help to Mentally Ill Accused As Soon As Practicable , Cassandra DeMelo

Minority Shareholders' Protections under Nigerian and Canadian Corporate Law: A Comparative Analysis , Oluwabukola Fadahunsi

Renewable Energy as an Alternative to Fossil Fuel Use: A Legal Framework for Advancing Low Carbon Energy Transition in Nigeria , Ogechi Judith Njokuji

Improving Civilian Protection during War through Conflict-Specific Behavioural Regulation of Combatants , Kirsten MD Stefanik

Theses/Dissertations from 2018 2018

Minding the Gap: Pay Equity and the Role of Law in Narrowing Canada's Gender Wage Gap , Jennifer D. Beaudoin

Theses/Dissertations from 2017 2017

Transfer Pricing Rules in the BRICS World: A Shifting Balance in Global Taxation Governance? , Thassiane Ayres Gossler

Achieving Equality for Women in Labour and Employment – A Comparative Study of Colombia and Canada , Lina M. Hernandez

The Constitutionality of Restrictions on Recreational Cannabis Advertising: Balancing Public Health and Freedom of Expression , Melanie L. McPhail

Implementing Canada's Data Exclusivity Obligations and Protecting Personal Information in Clinical Trials , Alison Wong

Theses/Dissertations from 2016 2016

Accommodating Complex Disabilities: Chronic Pain Disorders in the Canadian Workplace , Maia Abbas

The Copyright Board and Tribunals Process: Users in the Balance , Louis J. D'Alton

Environmental Impact Assessment for Oil and Gas Projects: A Comparative Evaluation of Canadian and Nigerian Laws , Omolola Anuoluwapo Fasina

The Patented Medicines (Notice of Compliance) Regulations: An Examination of the Decision Making Patterns in these Cases at the Supreme Court of Canada , Jason D. Newman

Real Estate Investment Trusts In Canada , Samita Pachai

Regulating for Resilience: Principled Flexibility and Environmental Co-Management in the Mackenzie Valley , Heather L. Potter

Directors and Standards: The Problem of Insufficient Guidance , Nikolas Sopow

Resolving Dilemmas in Canadian Class Actions by Reconsidering Private Law Principles , Stephanie Sugar

Theses/Dissertations from 2015 2015

Canada's Duty to Consult: Communicative Equality and the Norms of Legal Discourse , Matthew J. Glass

Re-imagining the Principle of National Treatment: Addressing Private International Law Issues in Copyright Infringement in the Internet Era , Ragavi Ramesh

The Clarity of Reasonableness Since Dunsmuir: Mission (Mostly) Accomplished , Ryan D. Robb

Theses/Dissertations from 2014 2014

Shifting Grounds: Judicial Review under NAFTA Chapter 11 and the Ratification of ICSID , Nolan Downer

Hearing Voices: Judicial Consideration of Ontario’s Social Assistance Legislation , Teri Muszak

Transnational Corporate Regulation through Sustainability Reporting: A Case Study of the Canadian Extractive Sector , Navraj S. Pannu

Theses/Dissertations from 2013 2013

Emissions Trading: A Policy Option for Fighting Climate Change in Africa , Gbenga Akinwande

What is the scope of competition law in the UAE? - A comparative study with developed and developing nations , Alisha Ansari

Corporate Social Responsibility in Canadian Banking a Case Study on the Equator Principles , Ian Osellame

The Applicability of Co-Operative Federalism: Lessons Learned from the Assisted Human Reproduction Act , David A.M. Seccareccia

Restoring Humanity to Humanitarian Law: Borrowing from Environmental Law to Protect Civilians and the Environment , Kirsten MD Stefanik

The Porous Boundary Between Legal and Business Advice, An Empirical Approach , Amy M. ter Haar

Highway Tolls in Brazil and the Lawfulness Principle , Fabio C. Theophilo

Victims’ Opportunities to Review a Decision not to Prosecute made by the Crown Prosecutor , Li Tian

Theses/Dissertations from 2012 2012

An Insightful Study of the Oppression Remedy under South African and Canadian Corporate Law , Natasha A. Abbey

The History of Animal Welfare Law and the Future of Animal Rights , Marie Blosh

Canada's Marihuana Medical Access Regulations: Up In Smoke , Carolynn Conron

Electronic Health Record Regulation in Canada: What the Patient Experience Reveals about the Pursuit of Legislative Harmonization , Patricia M. Goodman

The Codex: Labelling of Food Derived from Modern Biotechnology , Sowmya Latha Hemanahally Vishwanatha

Trademarks and Geographical Indications: Conflict or Coexistence? , Melissa A. Loucks

Indigenous Peoples under International Law: An Asian Perspective , Tashi Phuntsok

Directors' Duties to Creditors - Mapping the Twilight Zone , Mehreen Rehman

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©1878 - 2016 Western University

Stanford Law School's Theses and Dissertations Collection

• Early Thesis and Dissertation of Stanford Law School, 1929 to 1956
• Theses and Dissertations of Stanford Law School,1970-1995
• Stanford Program in International Legal Studies’ Theses, 1996 to 2010
• Stanford Law School’s Dissertations, 1996 to 2010
• Stanford Program in International Legal Studies Theses, 2011 to 2025

Collection Description

This collection contains Stanford Law School Students’ theses and dissertations written to fulfill the academic requirements for advanced degrees.   Historically, the collection of Theses and Dissertations were produced as part of the requirement coursework for receiving a Master of Laws (1933-1969), a Juris Doctor (1906-1932), or a Doctor of Jurisprudence.  

Currently, works received from students are produced under two different graduate programs.  Thesis are works were produced as part of the requirement for the Stanford Program in International Legal Studies (SPILS). SPILS was established in 1995 by Professors Lawrence Friedman and Thomas C. Heller, to educate international students, lawyers, judges, public officials, and other professionals trained in the study of law outside the United States.  Students in the SPILS Program are required to do interdisciplinary research that affects the global community.  The culmination of this program is a research project that each individual student develops over the course of the year under a faculty advisor, after which the earns a Master of the Science of Law degree.  The research project must demonstrate the student's ability to employ empirical methods of investigation and must addresses issues in the international community or within a specific country.  These can cover a large range of topics that analyze legal cultures, legal reforms, or public policy.  

Dissertations are produced under Doctor of Science of Law program or JSD.  The JSD program as we know it was revised for the Doctor of Jurisprudence in 1969 is designed for students who are interested in pursuing an academic career. Doctor of Science of Law Students are selected from the Stanford Program in International Legal Studies and those who have a postgraduate degree in Legal Studies.

All materials in this collection were donated by individual authors to the Stanford Law Library's Special Collections.

Collection Identity Number: LAW-3781

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Legal Dissertation: Research and Writing Guide

About this guide, video on choosing a topic, tools on westlaw, lexis and bloomberg, circuit splits, research methodologies, additional methodology resources, conducting a literature review, beginning research, writing style guides, citation guides, ask a librarian.

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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

Theses and Dissertations (Private Law)

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• The guardian’s fund as the appropriate receptacle of lump-sum future maintenance for children  Adriaan, Jemillo Cristopher ( 2021-08-09 ) The Maintenance Act 99 of 1998 currently only provides for the recovery of arrear maintenance and the enforcement thereof but does not provide for an applicant to claim for future maintenance. The courts have tried to fill ...
• Recognition and enforcement of foreign child support orders : a comparative analysis of Eritrean and South African law  Bereket Tsegai Embaye ( 2023-06-14 ) Recognition and enforcement of foreign child support orders are characterised by persistent difficulties because, in most cases, child support orders are required to be re-evaluated over time because of changed circumstances. ...
• South african courts’ differing approaches to determining children’s views in family law matters  Uys, Alet Magdaleen ( 2022-02-21 ) This dissertation analyses thirteen South African judgments to establish how courts determine children’s views and wishes in legal proceedings. The judgments selected relate to child participation in divorce and care, ...
• Drones, privacy and information privacy : a due diligence human rights analysis with reference to South African and Namibian legislation  Shaparara, Loide Anbelina ( 2022 )
• A comparative human rights approach to surrogacy arrangements : a study of India, South Africa and Nigeria  Adelakun, Olanike Sekinat ( 2023-05 ) Surrogacy is an assisted reproductive technology method that enables a woman to carry the pregnancy of commissioning parent(s) to term and hand over the child after birth. This thesis examines the practice regulation of ...
• Medico-legal issues relating to pharmacogenomics and the development of personalised medicine in the context of HIV and AIDS in South Africa  Molusi, Angela Patricia ( 2023-01 ) The principle of pharmacogenetics and pharmacogenomics (PGx) in health research is not new. However, pursuance thereof has regained momentum in the 21st century. Despite the apparent demand to respond to adverse drug ...
• Surrogate motherhood and assisted reproduction in South Africa : an analysis of selected constitutional and medico-legal issues  Auret, Elaine ( 2023-01-31 ) The advancement in medical technology over the past few decades has brought hope to infertile people and same-sex couples to have their own families in circumstances where it would not have been possible for them otherwise, ...
• An analysis and review of the legal complexities of land governance in the context of customary law in South Africa and Zambia  Phiri, Dimuna ( 2022-12 ) The statutory legal systems in South Africa and Zambia are generally considered superior to customary laws and practices. Despite the co-existence of legal systems in both countries, it cannot be assumed that they receive ...
• A comparative legal study of corporal punishment and tri-nation law reform  Greeff, Laetitia-Ann ( 2021-10-25 ) Since 1979 when Sweden became the first country to ban corporal punishment, there has been a steady increase in the number of countries prohibiting physical force as a disciplinary measure against children. To date, ...
• Artificial intelligence and healthcare in South Africa : ethical and legal challenges  Jogi, Anisha Amarat ( 2021-05 ) We find ourselves in an era of intelligent machines as technology pushes the boundaries towards the fourth industrial revolution. AI is already here in disruptive narrow forms, cutting across the globe and leaving almost ...
• The right to fair, just and reasonable terms and conditions under the Consumer Protection Act and the German standard business terms legislation in comparative perspective  Adam, Andreas ( 2021 ) This doctoral thesis deals with the right to fair, just and reasonable terms and conditions, set out in sections 48 to 52 of the Consumer Protection Act, and the theoretical and practical problems involved. These provisions ...
• Maintenance of the surviving spouse in South Africa : the challenges faced by the executor  Williams, Ronel Anneli ( 2020-02 ) The Maintenance of Surviving Spouses Act 27 of 1990 came into operation thirty years ago and has remained relatively unchanged since its promulgation. The stated objective of the Act is to provide the surviving spouse with ...
• The call to decolonise higher education : copyright law through an African lens  Sindane, Ntando ( 2020-01-30 ) This dissertation reflects critically on the calls for the decolonisation of South Africa’s higher education sector by studying the historical development of legal pedagogy in South African law faculties. It focuses in ...
• The action of dependants from a comparative and an African perspective  Mokotong, Matshilane ( 2018-10 ) The available sources on the dependency action in South Africa do not mention the presence or absence of traditional values. This study was prompted by a simple curiosity to discover the traditional legal values of the ...
• A comparative legal analysis of the effects of divorce on marital property  Makola, Thulelo Mmakola ( 2018-01 ) The movement of people from county to country brought about an increase in international marriages. However, South African private international law rules with regard to the proprietary consequences of marriage are not on ...
• Legal issues relating to the treatment of persons living with cancer  Maimela, Charles ( 2017-06 ) Cancer is regarded as a global disease and one of the leading killer diseases in the world. The reason why cancer is so widespread and often misunderstood stems from multiple factors, namely, the lack of knowledge about ...
• The explicit and implicit influence of reasonableness on the elements of delictual liability  Ahmed, Raheel ( 2018-01 ) Reasonableness as a concept used in determining delictual liability or liability in tort law, is either embraced or perceived by some as frustrating. It is a normative concept which is inextricably linked with the concepts ...
• Environmental justice in Kenya : a critical analysis  Ndethiu, Maureen K. ( 2018-02 ) Environmental justice, a new but rapidly developing concept in international environmental law, arose in the United States of America during the Environmental Justice Movement of the late 1970s and 1980s. It starkly ...
• The right to privacy and identity on social network sites : a comparative legal perspective  Skosana, Milton Themba ( 2016 ) This study focuses on the use of Social Network Sites (SNSs) and certain personality rights (specifically the right to privacy and the right to identity) that may be infringed by this use. The study also discusses data ...
• The harmonisation of good faith and ubuntu in the South African common law of contract  Du Plessis, Hanri Magdalena ( 2017-11 ) The legal historical development of fairness in the South African common law of contract is investigated in the context of the political, social and economic developments of the last four centuries. It emerges that the ...

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Law Master's Theses

Theses/dissertations from 2023 2023.

Out of the closet, into the woods: A study on the sufficiency of the laws in the current Philippine legal system in protecting transgender rights , Erika Louise G. Laforteza

Theses/Dissertations from 2022 2022

To tax or not to tax: A doctrinal analysis of the taxability of Foreign Currency Deposits in the estate of a depositor , Celina Bianca L. De Chavez and Lisa Carolina D. Yñiguez

Video conference hearings in the Philippines: Prospects during normal times , Gio Franco Gomez and Christian Gregory P. Bunales

An analysis on the expansion of the quasi-judicial function of the Philippine Commission on Human Rights , Maria Pamela A. Ramos

Theses/Dissertations from 2021 2021

The right to die: Establishing a legal framework for living wills and healthcare proxies in the Philippines , Clyne Michael Jude Alvar, Edracel Del Rosario, and Justinelli Limjoco

Demilitarization vs. declaration of a marine protected area: Identifying the better policy solution to defend Philippines' rights in the West Philippine Sea , Anna Issabele C. Amores and Zelayne G. Morpe

Openness to the "right to die" of international, foreign, and Philippine laws , Alessandra P. Buera

How legitimate are the expectations? An evaluation of Chinese foreign direct investments in the Philippines under the lens of the fair and equitable treatment standard , Christianne Noelle B. de Vera

“Prevention is better than cure:” A review of the precautionary principle as applied to public health policies in the Philippines , Francheska Juliene G. Dominguez and Julius Edward M. Guzman

Grabbing the employee benefits: Establishing the employer-employee relationship between ride-sharing companies and their drivers , Miguel Luis Garcia Gayares and Royce Vincent Dimayuga Untalan

Party-list perversion in the Philippines: An analysis on the rise of spurious party-list groups and its effect on the current legal framework of the party-list system , La Verne V. Jallorina I

Tech symbiosis: Determining the anti-competitive nature of tech platform mergers in the attention market , Paulo Angelo G. Juan

Litigation trafficking: A study on the legality of litigation funding that results into maintenance, champerty or assignment of bare right to litigate to third-party litigation funders taking into consideration the right to access to justice as a means of protecting liberty and nurturing prosperity under the rule of law , Kenneth G. Limosnero

Bridging the gap on the right to self-organization between the Philippine legal system and the International Labor Organization conventions , Inigo Paolo H. Untalan

Theses/Dissertations from 2020 2020

Parallel importation and exhaustion: The legal implications of adopting a standard policy and exhaustion regime on Philippine Intellectual Property Laws in light of the ASEAN Blueprint 2025 , Janice Rae S. Apolinario and Constante Emmanuel S. Foronda III

An alternative regulatory regime for contract variations to public-private partnership contracts effected after the conduct of a competitive bidding process , Charry Blue Bacina and Yralli C. Mendoza

A womb leasing gig: The illegality of commercial gestational surrogacy , Jose Enrique S. Cadiz, Cindee Michelle S. Yu, and Rosario Olivas Gallo

Mothering behind bars: The policy on pregnant inmates and the custody of their newborn , Mariane Philine T. Cantimbuhan, Ana Janellie L. Cruz, and Geraldine M. Saliva

Recognizing the rights of intersex individuals in the Philippines , Cris Vincent V. Castillo

Rights that can’t be heard: Addressing the need for extending closed caption law in social media platforms for COVID-19 pandemic related coverage , Bernadette De Vera Daos

Accepting refugees: Amendments on the Philippine Immigration Act to harmonize it with the minimum standards on international law , Lea Maria P. De Castro and Emary Joy D. Pascual

The cost of fame: Regulation of taxes on income generated by online influencers , Mary Rose Dizon, Tiffany Ann Lo, and Angelica Yatco

Bata lang ako: Protection of children inside youth detention centers , Alyssa Coleen F. Estera and Patricia A. Talaman

Protecting the hidden gem of the South: Lobo, Batangas of the Philippines , Lisa Marie A. Garan, Jason A. Manalo, and Princess Emeresa A. Naga

ABC's of ABA of 2013: A critique of Republic Act No. 10627, also known as The Anti-Bullying Act of 2013 , Rachel Geronimo, Kella A. Ortega, and Erika Louise Y. Visitacion

Redefining public figures on social media: Application of the public figure doctrine to social media users who became viral as a result of unwanted publicity , Agustini Alfonso Guanio and Juan Benedicto Magsakay Aldaba

To be or Airbnb: Examining the laws governing traditional models of accommodation in application to short-term rentals ("STR") and proposing a framework for STR regulation , Krystel Marie G. Guillermo and Iris Hannah S. Yap

The Philippines as a potential hotbed for money laundering: A study of Republic Act No. 9160, otherwise known as The Anti Money Laundering Act, as amended, and the use of cryptocurrency for money laundering , Miguel Jose Domingo Lalaquit Monfort and Jasper Rodil A. Zalameda II

E-commerce and IP laws: Re-shaping current E-commerce laws and policies in the Philippine setting to accommodate the protection of Intellectual Property rights , Anne Louise T. Panaga and Sanjeev J. Sanger

New perspectives on cross border legal practice in the ASEAN , Crichelle Anne Q. Sy

Theses/Dissertations from 2019 2019

Boon or bane: A theoretical exploration of the Philippine tax reform Programs - TRAIN and TRABAHO Law - as a fundamental principle of taxation and its effects to the PEZA and BOI in violation to the non-impairment clause granted under the Philippine Constitution , Ma. Angelica Y. Abalos and Karen Bianca M. Tinimbang

Government sanctioned exploitation: Illegality of the automatic oil pricing mechanism in the downstream oil industry deregulation act of 1998 , Francisco C. Banguis Jr., Krisha Mariel B. Simagala, and Alexandra G. Soledad

The Philippine-China arbitral case: Implication of July 12, 2016 decision on the proposed exploration agreement in the Western Philippine Sea , Rene Anton R. Carandang, Abbie Patricia P. Biscocho, and Alexis Hiceta

E-commerce and IP laws: Re-shaping current e-commerce laws and policies in the Philippine setting to accommodate the protection of intellectual property rights , Anne Louise T. Panaga and Sanjeev J. Sanger

Securities: An analysis of Howey test in the operational dynamics of virtual currency , Ralph H. Villanueva

Defining the human right to energy and its normative value , Rod Ralph Salazar Zantua

Theses/Dissertations from 2018 2018

Determinants of current health conditions of the elderly in Pangasinan and its association with the level of functional ability , Jesusa R. Lugtu

Beyond borders : the Philippine compliance on ASEAN comprehensive investment agreement, the ASEAN rules-based approach and the investment liberalization case analysis , John Carlo T. Pajo

Theses/Dissertations from 2016 2016

Promoting greater transparency and accountability through intensified rules on the filing of the statement of assets, liabilities, and net worth (SALN) , Vanessa Ann A. Hiceta

Balancing testamentary freedom and legitime rights: A study on the reduction of legitimes under Philippine law , Keith Ivan O. Meridores and Ernesto C. Palomique III

Theses/Dissertations from 2015 2015

Corporation un-personified: The right of the "people" against unreasonable searches and seizures not applicable to corporations as artificial creations of law , Jay Paolo C. Adalem

The gift of surrogacy: Proposing a law which will recognize surrogacy , Leandro P. Celles

A study on the application of the Supreme Court's power of judicial review , Philip Tomas V. Kintanar

An effective investigation of suspicious death is a human right , Atom James C. Maronilla

Executive power over foreign affairs and the validity of compensation waiver clauses under international law and Philippine law: A critique of Vinuya, et al. V. Romulo , Emil Angelo C. Martinez

Parental authority over illegitimate children: Applying articles 176 and 211 of the Family Code , Charm Krizia L. Medina

Protecting the rights of pregnant prisoners and detainees: A proposal to amend Republic act no. 9710 entitled “The Magna Carta of Women” , Joel Milan

(Un)fit: The unconstitutionality of DOE circular no. 2013-05-0009 , Gabrielle E. Ricolcol

“Juvenile justice and the restorative justice system: Does it work?” , Gabriel Antonio D. Robeniol

Revolving door: Analysis on the term limit of the Congress of the Philippines , Mae Anne O. Sandoval

A domestic dilemma: The effect of Foreign Account Tax Compliance Act (FATCA) on our bank secrecy law , Karissa Inez A. Segundo

Baby from another lady: Regulating surrogacy in the Philippines , Leonard Martin E. Syjuco

Evacuation centers: Contemporary form of arbitrary deprivation of liberty , Sonia Blanco Tamondong

"Am I intruding?": Amateur videos and the need to regulate it , Hency L. Tanbengco

Legal process outsourcing: The law profession in a changing world , Sarah Jane U. Tan

Strengthening the build-operate-transfer law for the development of Philippine infrastructure to improve competitiveness in the light of the ASEAN integration: Amending the law to plug its weakness and be aligned with the principles of the ASEAN PPP framework , Andrew Michael Tiu

International human rights, environment, and trade agreements implications of the anticipatory prohibition on the golden rice research: The imprudence of walking behind the BT eggplant trials ba , Armon Perez Tolentino

Fostering a more efficient and more transparent Commission on Appointments: A proposal for changes in the confirmation process under the 1987 Constitution , Norman F. Velasco

Reinstating the public in the mass transit system: A legal strategy , Regine C. Yu

The miscalculated effect of pardon and its necessity to be wiped away in Public Office , Anna Dominique L. Zaide

Theses/Dissertations from 2014 2014

Writ of kalikasan: Protection for all? , Sharlene Anjelica L. Chiongson

The curious case of video game cloning: Applying the abstract filtration test in case of video game cloning , Jose Joven Paulo Espinosa

The kids's table: A comprehensive assessment of the legal basis and implications of the "Filipino-style" party-list system of proportional representation , Rene G. Pilapil Jr.

Parens patriae, quo vadis? Amidst cross-border laissez faire: The interface of trade and competition , Darwin Perry B. Rubio

Theses/Dissertations from 2013 2013

Spot the not: Creating a hybrid test for trademark infringement , Roque Aldrich B. Alvaera

The period of litigation: Immutability of judgment is in the higher interest of justice , Victor Reynaldo C. Ang

Theses/Dissertations from 2010 2010

Mobile gambling: Is it covered by the Pagcor charter? , Joseph D. Gatchalian Jr.

Theses/Dissertations from 2009 2009

A recommended framework for software patents under the intellectual property code of the Philippines , Allan Christopher S. Chu

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LEGAL RESEARCH PROPOSAL AND ITS ENTAILS Written by Saphy Lal Bullu Lecturer

This article addresses the essential elements which are required for writing reference with specific focus to the legal research proposal. An author intends to articulate organised structure and methods as required to appear in to any legal proposal research which at the end of the intended work; a student shall be able to present findings and conclusion through broken and clear steps which were taken at the beginning of the thesis/dissertation.

Related Papers

Evropský politický a právní diskurz

Ganiyu Yahaya, Ph.D, MCIArb(UK).

Meghna Mittal

Legal research, a vital player in the course of development of a society, underpins the pressing need for quality research in the country. Legal research is not essentially different from other types of research. This is too searching for authority to substantiate some hypothesis and is a probable outcome. Its issues of enquiry naturally relate to pure law or law in relation to society. India has an important role to play in the world community, especially in the Asian and African regions. The need for research in inter-American law was emphasised in the U.S.A. in 1945 and the U.S.A. is bringing out a separate literature on the subject. Moreover, till now, India has been completely tied down to the chariot wheel of the English Common law. The Legal research in India can only be understood in the context of restraints under which it is produced. With notable exceptions, Indian academic legal scholars are generally ignored by the legal profession, the government and lay public. Deprived funds and resources, they struggle for efficiency, style and effect. Independent India has demonstrated a very strong commitment to law and the development of legal doctrine. Opinions vary on whether this was intended to achieve distributive justice or to conceal patterns of legal suppression. There was a new Constitution but only a 'scissor and paste' cosmopolitan jurisprudence to interpret it. Mature legal research has largely been produced under the support of endowment lectures, of which the most celebrated are the Tagore Law Lectures, begun in the latter part of the 19th century. As new law schools were established throughout the country, there were new possibilities for research. The least productive area of research was the codified part of private and commercial law. Personal law produced some research as it interacted with the framework of the Hindu Code. The codification of Indian law in the 19th century created a tribe of digest and practitioner textbook writers. The textbook writers included well-known names like Pollock, Mulla (later in the Privy Council), Hari Singh Gaur and Ameer Ali. These classics, reflecting an Indian 'black letter' law tradition, continue to be edited by eminent judges and practicing lawyers. Legal scholars and lawyers were always interested in legal reform and development and adaption of law in accordance with the changing needs of society. This paper focuses on how legal research has been evolved in the society and its effects in the development of legal system.

Jahlan Remtula

Legal research is "the process of identifying and retrieving information necessary to support legal decision-making. In its broadest sense, legal research includes each step of a course of action that begins with an analysis of the facts of a problem and concludes with the application and communication of the results of the investigation."

Dr. Jayanta Ghosh

INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS

Anjali Mohandas

Generally, research means to search again. Research is an investigation that is based on the source of law. Legal research is not only about reading books, principles, regulations, etc but the whole idea behind doing research is to dig more deeply and examine a subject that you need to know. The research report acts as Skelton of that particular research that includes the all-important aspect of that research. This paper discusses the basic elements of the research report and how to prepare and present a legal research report

Ajit Maharana

Okuma Nwachukwu

Legal Research Methodology: Guide to Scientific Approach for Nigerian Law Institutions" was developed to fill the perceived methodology gaps I encountered during the process of writing my LL.B project. This book offers an exhaustive assessment of the scientific and methodological aspects of legal research, underscoring its significance to contemporary legal investigators. The book examines all aspects of legal writing and is designed to be a hands-on guide for law researchers at different academic stages, including LL.B, LL.M (Masters), PhD, and those writing for journals and conferences. It primarily aims to illuminate the scientific aspects of legal research, facilitating their application to scholarly inquiries, and rendering legal research more systematic, universally acceptable, and enduring.

Syiah Kuala Law Journal

Bakti Bakti

This paper is intended to understand the description and characteristics of legal research produced by law faculty students and developed by law scientists and researchers at Syiah Kuala University as a sample case. Does the description of the research results of legal researchers, including students and legal scientists, follow the characteristics and legal paradigms that tend to be classical or have they led to the development of contemporary legal theories.

The writer looked at the problems involved in writing a legal research proposal by identifying some of the basic challenges such as the choice of topic, resource materials, methodology and the theoretical framework to be adopted for the research. The aim is to take a holistic overview of a legal research methodology. The primary and secondary sources of material selection were used through the use of the law libraries and the internet as well as journals and periodicals to gather information for this study. The study shows that legal research works are still much being conducted under the doctrinal method which is not empirical in view of the fact that analysis of statistical data or qualitative methodology is often viewed as the concern of the pure scientist rather than in the humanities. In conclusion, it was observed and recommended that the need to embark on empirical legal research methodology cannot be over emphasized as it is the only panacea by which the sociological effect of the law could be attained in the 21 st century. Introduction The development of the law will to a great extent be subjected to obsolete and archaic postulation and outdated rules that may be out of tune with those the laws supposed to govern if there is no consistent research that is being conducted from time to time to evaluate its operation within a particular geographical legal system. Therefore, this underscore the essence of a legal research not only in law but virtually in all other subjects in order to better the lot of the people the world over. For example, a research could have the aims of probing into the causes of plane crashes and the like globally with a view to steming the tide. The concomitant effect of this may at the end of the day be geared towards the total eradication of plane crashes globally or at least to bring it under a bearable condition. Aside, it may be conducted on the causes of the recent religion ‗sect' called ‗Boko Haram' in Nigeria that had been taking it tolls on the lives of the citizenry in the country with a view to finding a lasting solution to it by way of offering some necessary recommendations to the government of the day. These hiccups are problems which pose great challenges to human existence and therefore, they are meant to be solved in order to ensure safety of every individual and to guarantee the Fundamental Human Rights of all Nigerians as enshrined under chapter IV of the 1999 Constitution 76 of the Federal Republic of Nigeria. Before going into the ‗nitty gritty' of this topic, it is imperative that one need to define what a research is in order to fully comprehend the scope of this paper.

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