Outline

Overview

Law has played an integral role in producing ideas about 'race' and in shaping the lives of racialised communities in Australia and elsewhere. Today however, some argue that the law is racially neutral and that we live in a post-racial society. This unit will explore influential scholarship in critical race theory and consider emerging debates on the relationship between the law, race and racism. By adopting a critical and intersectional perspective, this unit aims to deepen understandings of particular historical and contemporary laws and legal practices. The focus is on the explanatory and analytical utility of critical race theory. The examination of legal practices will include comparisons between the practices in various countries, and traverse various legal disciplines. Topics may include the law and racial classification; racial profiling; identity based claims and recognition; spatial and temporal dimensions of racialisation; legal approaches to historical (and contemporary) injustices such as colonialism, slavery and war; property; the organisation and policing of borders; and forms of resistance. Class discussion is an important part of this unit and lively debate on the readings is encouraged.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	LAWS5214
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	Louise Boon-Kuo, louise.boon-kuo@sydney.edu.au

Type	Description	Weight	Due	Length
Participation	Class participation Participation in class discussion and oral presentation.	20%	Multiple weeks	Assigned class and 6 minute presentation
Outcomes assessed:
Assignment	Long Release Reflective Note Independent written assignment.	15%	Week 04 Due date: 01 Sep 2021 at 18:00	750 words/3 weeks
Outcomes assessed:
Assignment	Long Release Essay Plan Written essay plan answering set questions.	10%	Week 07 Due date: 22 Sep 2021 at 18:00	500 words/4 weeks
Outcomes assessed:
Assignment	Long Release Research Essay Independent written research essay	55%	Week 13 Due date: 11 Nov 2021 at 18:00	3500 words/6 weeks
Outcomes assessed:
= hurdle task ?

Assessment summary

Class Participation: Students will be assigned a specific seminar for their class participation assessment. Class participation will be assessed in two ways:

Students receive a mark out of ten for participating in class discussion in their assigned seminar. Students are on call for their assigned seminar which means students should be ready to raise and respond to questions and contribute reflections about the required reading.
Students also receive a mark out of ten for their oral presentation on a required reading in that same assigned seminar. The teacher will allocate the required reading for student presentation. Students should prepare a presentation of a maximum of six minutes. The presentation should include explanation of the main argument of the reading, and the primary evidence the author relies on. The presentation should also include reflections on the reading. For example, students may wish to focus on a part of the reading they found compelling, identify connections between the assigned reading and past required reading, consider connections between assigned reading and broader social and legal issues and experiences, suggest questions or actions raised by the assigned reading.

Students will be assigned their class participation seminar on 10 August 2021 and will undertake these assessments in class on the assigned date.

Long Release Reflective Note: Students must write a short essay (maximum 750 words) in which they reflect on an aspect of a reading from the required reading list. Students are not permitted to select a reading from the seminar in which their class participation was assessed. Students may wish to select a reading from a topic that is relevant to their research essay because this assessment allows students to receive feedback on their written work prior to submission of the research essay. Students should develop an argument about an aspect of the reading they found compelling and should not simply summarise the reading. Critical reflection may involve student interrogation on where they have derived their existing knowledge of this topic and how this text reinforces or challenges their existing knowledge, ideas, or assumptions. Students may explain why they agree or disagree with the argument in the reading, or explore how this reading helps them explore this topic further. This assessment is not a research essay, and marks will not be allocated solely for evidence of wider reading. However, reference to further primary or secondary materials may assist analysis of the selected reading. For further guidance on reflective writing, see the links included in the ‘Preparing for class and for assessment’ Module for this unit.

This assessment will be released on 10 August 2021 and must be submitted by 6pm on 1 September 2021.

Long Release Essay Plan: Students must submit an essay plan of 500 words. The essay plan must answer four questions set by the teacher. This assessment allows students to receive feedback on their essay plan prior to submission of the research essay. It supports the student’s development and timely completion of their research essay.

This assessment will be released on 24 August 2021 and must be submitted by 6pm on 22 September 2021.

Long Release Research Essay: Students must submit a research essay (3500 words maximum). Students may select their own question for this research essay in consultation and with the approval of the teacher or select one of a range of questions set by the teacher. Students are permitted to write an independent research essay on the same topic as their reflective note or class participation (subject to academic integrity policy). This assessment allows students to focus on a topic of their interest and to develop independent research and analytical skills.

This assessment should critically engage with some of the concepts explored in this unit as well as law (whether that be doctrine, policy, or legal practices). For example, you may decide to undertake a close reading of a legal case, review a policy reform agenda, analyse a particular legal dilemma or a racial justice strategy. Whatever topic you select, the research essay must draw on critical race theory concepts explored in this unit and other relevant materials in your analysis.

Unconventional approaches to the essay format are welcome. For example, students may submit a policy submission on a particular issue accompanied by an explanation of the approach or dilemmas taken in the submission which draws on critical race theory and other material. As another example, students may submit a first-person account of a specific experience of law and draw upon critical race theory (and other material) to analyse and make sense of that experience.

Classes on legal research and writing skills will be held to support students prepare for this assignment.

This assessment will be released on 1 October 2021 and must be submitted by 6pm on 11 November 2021.

Detailed information for each assessment can be found on Canvas.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name	Mark range	Description
High distinction	85 - 100	Completely answers the question. Contains striking originality of approach or analysis. Demonstrates exhaustive or innovative research (where independent research required). Exceptionally well written, structured and expressed. Is otherwise exceptional in some way.
Distinction	75 - 84	Completely answers the question. Achieves a critical and evaluative approach to the issues. Content and structure is well organised in support of the argument. Demonstrates extensive research and analysis to support a well-documented argument. Generally well expressed and free from errors. Has a clear structure and is well articulated.
Credit	65 - 74	Covers main issues fairly well in answering the question. Contains no significant errors. Demonstrates an attempted critical approach to the issues. Demonstrates reasonably sound research and analysis in addressing the key issues. Has a clear structure and reasonably clear expression.
Pass	50 - 64	Identifies the key issues, but does not follow through with a reasoned argument. Contains some significant errors. Displays satisfactory engagement with the key issues. Offers a descriptive summary of material relevant to the question. Superficial use of material, and may display a tendency to paraphrase. Demonstrates little evidence of in-depth research or analysis. Adequate expression. Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.
Fail	0 - 49	Does not answer the question. Contains significant or numerous errors. Few or no identifiable arguments. Content that is inappropriate or irrelevant. Lack of research or analysis. Difficult or impossible to understand through poor grammar, expression or structure. Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

A late penalty of 10% of the total marks available for the piece of assessment will be applied for each day (or part of day) an assessment has been submitted late. As written assignments for this unit must be submitted by 6pm on the due date, a 10% penalty will be applied for submission after 6pm on the due date. The date and time of submission recorded by Canvas is taken as the official and final record of a student's submission. Submissions received five or more days after the due date will not be accepted. Note that a separate due date may apply for students who have been granted special consideration or simple extension or academic plan adjustments.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Weekly schedule

WK	Topic	Learning activity
Week 01	‘Race’, racism, and racial literacy	Seminar (2 hr)
Week 01	Critical race theory: An introduction to literature on race and the law.	Seminar (2 hr)
Week 02	First Nations' sovereignties and settler colonialism	Seminar (2 hr)
Week 02	Settler colonialism and a White Australia	Seminar (2 hr)
Week 03	Intersectionality	Seminar (2 hr)
Week 03	Storytelling and counter-storytelling	Seminar (2 hr)
Week 04	Race and research methodologies	Seminar (2 hr)
Week 04	Research skills workshop	Seminar (2 hr)
Week 06	Race and space	Seminar (2 hr)
Week 06	Environmental racism	Seminar (2 hr)
Week 07	‘Whiteness as property’	Seminar (2 hr)
Week 07	Property law in Australia	Seminar (2 hr)
Week 09	Borders, immigration and refugee Law	Seminar (2 hr)
Week 09	Borders, immigration and refugee Law (part 2)	Seminar (2 hr)
Week 10	Recognition	Seminar (2 hr)
Week 10	Diversity and inclusion	Seminar (2 hr)
Week 11	Criminal law and policing	Seminar (2 hr)
Week 11	Addressing victimisation and harm	Seminar (2 hr)
Week 12	Writing workshop	Seminar (2 hr)
Week 12	Abolition	Seminar (2 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from sitting the final assessment and being discontinued from the unit of study, resulting in an Absent Fail or Discontinue - Fail grade.
Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude bibliography; footnote numbers; footnote citation; cover page and include body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.
Referencing guide: Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

All Required Reading for this unit can be accessed through the Library eReserve, available on Canvas.

Students are expected to source materials in the Further Reading themselves.

The Required Reading and Further Reading materials are listed in the unit reading guide.

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

At the completion of this unit, you should be able to:

LO1. Students will be able to explain select theoretical approaches in critical race and whiteness scholarship.
LO2. Students will be able to analyse select laws or legal issues by applying theoretical approaches in critical race and whiteness scholarship.
LO3. Students will be able to deduce ideas, methods, evidence, and assumptions that underpin select historical and contemporary legal practices in order to evaluate these laws and alternative approaches.
LO4. Students will be able to identify strategies to reflect on how their assumptions shape their understandings in order to more deeply and ethically analyse law and justice issues.
LO5. Students will strengthen their skills in oral communication by contributing their reflections, building on the ideas of colleagues in class discussion, and through respectful debate.
LO6. Students will further their confidence in research and refine their ability to write clearly and persuasively.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

Following student feedback, an essay plan assessment has been introduced and the weighting of the research essay assessment has been reduced. In addition, readings have been updated to assist student orientation in the first part of the unit. The seminar schedule has also been slightly rearranged to allow for sustained focus on similar topics in consecutive weeks.

Additional information

Assessment Instructions

Referencing: The Sydney Law School expects you to use the most recent version of the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style. The AGLC can be found via the library https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376
Word limits and penalties: The total word count for submitted written assessments excludes footnote numbers and citations, and excludes the bibliography. The total word count includes anything other than numbers and citations in footnotes. Submitted written work which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof.
Bibliography: You are required to submit a bibliography for the the Long Release Research Essay only. The bibliography must be submitted as a separate document. It must not be included in the same document as your Research Essay. No other submitted assessments for this unit require a bibliography.
Submission of written asssessments on Canvas: You should not include your name on the document you submit through Canvas. You are responsible for uploading the correct version of the correct document to the correct box for the right subject.

Resources - Sydney Law Students

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS3514: Race and the Law

Semester 2, 2021 [Normal day] - Remote

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect