Student Handbook 2023/24 (Cert IP / Cert Trade Mark Law and Practice AND MSc Management of IP)

Planning the Dissertation

Steps in Researching and Writing the Dissertation

A good dissertation poses an interesting question and provides a reasoned answer to that question or identifies a problem and proposes a solution to that problem.

Keeping in mind that researching and writing a law dissertation is a dialectical process, not a linear one, these are the basic steps:

• Choose a topic of interest both to yourself and potential readers.  Know your target audience.
• Narrow the scope of the topic down to a discrete issue that can be dealt with well within the word limit. You should avoid being too broad and descriptive and at the same time avoid being so narrowly focussed that the dissertation is unlikely to interest potential readers.
• Know and cite the existing literature relevant to your issue.
• Make sure the structure of the dissertation follows the logic of the argument and maintains the focus of that argument throughout the dissertation.
• Include your analysis and, where relevant, recommendations.

Choosing a Topic

Finding a topic of particular interest can be like a treasure hunt – you pick up an interesting idea, perhaps from something you have read or discussed in class and follow it up through various materials until you fix on a particular aspect which you feel needs to be addressed.

Choose a topic you are interested in.  You will be spending a lot of time on the dissertation, and you will be happier if you are interested in the subject matter.  Furthermore, you are more likely to invest the time necessary, and the quality of your research, writing and arguments will be much better if you are interested in the area and the specific topic.  Never let someone pressure you into writing about a certain topic.

Be creative and choose an issue that stands out as original and innovative.  Also keep the following points in mind:

• Is the topic of academic significance and not trivial?  It would be possible to find out whether Shakespeare used the word ‘and’ more often in his comedies than in his tragedies, but who would be interested in knowing?
• Is the topic really manageable in the available time and word count?  It is a common mistake to imagine that you can cover far more than is actually feasible, so keep a suitably narrow focus.  Do not ask too big a question.  Make sure that you take advice from your supervisor on this and remember that, generally speaking, the narrower and more specific your topic the better.
• Will you have access to the necessary information?  Some students choose to write about a certain area or jurisdiction only to discover half way through their dissertation that they do not have access to the necessary material or that there is insufficient material available to complete the dissertation.

Some indicators of topics suitable for a dissertation:

• controversial legal, political, economic, social, cultural or moral implications of particular rules or judgements;
• divided doctrine and/or unsettled case law relating to the interpretation of a particular legal concept, the scope of its application, the standard of review to be applied etc;
• inconsistencies within the legal system such as duplication of or contradiction between norms, incoherent use of regulatory strategies, overlapping institutional authority etc; and
• divergence between regulatory objectives and outcomes, eg lack of efficiency or effectiveness.

Conducting a Literature Review

A literature review entails a comprehensive examination of the published material relevant to your topic, including books, journal articles, working papers and government reports.  The scope of the review should be sufficiently extensive to ensure that no significant material is left out.  Remember to look for relevant classic texts relating to underlying issues but also for up to date materials in the area.

Although a formal literature review does not have to be included in the dissertation, the process, that is engaging with the material that already exists on your topic, is crucial.  Reviewing the literature should also enable you to provide evidence of wider reading and of your capacity to integrate a wide range of materials.  Note that you should consider and if necessary mention all relevant material, not just material aligned with your way of thinking.

As you read, ask yourself if the material is relevant to your dissertation.  Does it help to address the research question(s) raised?  Should you decide to use the material, you should take notes to review at a later stage, otherwise you risk forgetting what have you read or where have you read it.

There is a wide range of research resources available to you, including in the QMUL Library in Mile End, the Institute of Advanced Legal Studies Library in Russell Square and online databases.  You can also discuss with your supervisor the nature and availability of relevant sources of material.