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Writing for Law Journals. Professor Ursula Weigold AEP Workshop for 1Ls April 2014. The traditional case note. Introduction Background Analysis Conclusion. For a strong submission. I. Have a clear viewpoint or thesis. II. Organize and explain the law.
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Writing for Law Journals Professor Ursula Weigold AEP Workshop for 1Ls April 2014
The traditional case note • Introduction • Background • Analysis • Conclusion
For a strong submission I. Have a clear viewpoint or thesis. II. Organize and explain the law. III. Revise and polish your writing.
I. Have a clear viewpoint A. Decide what you think. B. State your thesis in one sentence. C. Modify it as you write and edit.
A. Decide what you think • How do your sources expand, limit, or change the law? • Do they further the law’s underlying policies? • What impact will this rule have? Whatproblems may arise? Is it good or bad?
B. State your thesis in one sentence • “This ruling subordinates a Native-American tribe’s compelling interests in its children and culture to the local prejudices of state courts.” • “This ruling undervalues the best interests of adoptive children to serve outdated federal policies relating to Native-American tribes.”
C. Modify your thesis as you write and edit • Don’t be too wedded to your thesis at first. • Use the writing process to clarify your thinking.
II. Organize your discussion Remember the goals of each section. Be mindful of the differences between scholarly writing and practitioner writing
II. Organize your discussion Give a roadmap of your key points in your Introduction and follow it. Use topic sentences where appropriate. Use transitions to link previous points to new ones.
II. Explain the law Explain the leading case carefully. Connect it to the law’s context or history. Anticipate and answer questions. Take counter-arguments seriously.
II. Examples Sample case notes are posted on the Law Review’s website: http://wisconsinlawreview.org/membership-faq
III. Revise and polish Check your substance. Check your organization. Check your writing style. Check your mechanics. Check your citation use and form.
Check your style. Edit surplus words. Keep your sentences short. Keep your sentence structure simple. Use ordinary words. Avoid passives and shortcuts.
Check your mechanics. Check for typos. Check your grammar. Check your punctuation. Use the Redbook or the Texas Manual on Style.
Check your cite form. Use the Bluebook’s inside cover for examples. (Use the examples for scholarly writing.) If in doubt, look it up!
Final advice • Divide your project into smaller chunks. • Start with something easy. • Give yourself permission to write a bad first draft. • Keep track of your source pages as you write, to avoid having to re-trace your steps later. • Leave enough time for revising and polishing.