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Topic Selection and Thesis Development (The Process of Scholarly Writing - Part 1)

Topic Selection and Thesis Development (The Process of Scholarly Writing - Part 1). Sue Provenzano, Co-Director of Academic Counseling.

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Topic Selection and Thesis Development (The Process of Scholarly Writing - Part 1)

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  1. Topic Selection and Thesis Development(The Process of Scholarly Writing - Part 1) Sue Provenzano, Co-Director of Academic Counseling

  2. “Scholarly writing [requires students] … to synthesize all that is currently known on a subject to see how it fits together. Originality most often comes after expertise is established.” - Elizabeth Fajans & Mary R. Falk, Comments Worth Making: Supervising Scholarly Writing in Law Schools, 46 J. Legal Educ. 342, 344 (1996).

  3. Today: • WHY: What Motivates the Process of Student Scholarly Writing • WHAT: • What is Academic Writing? • Topic Selection & Thesis Development: Finding Your Passion and Niche • WHERE NEXT: Article Format

  4. What Motivates the Process of Student Scholarly Writing • You – the Writer • Meet Requirement • Engage With Discipline • Develop Personal Philosophy • Feed Curiosity and Inform Professional Life • Them – the Audience • Difference in Purpose • Audience Attributes

  5. What is Academic Writing? • A Descriptive-Prescriptive Combination • Descriptive Claim • Prescriptive Claim • Creative, Original Thinking • Always Check with Professor

  6. Topic Selection and Thesis Development:Finding Your Passion and Niche • The Topic/Thesis/Niche Connection • Finding a Topic, Exploring Your Thesis, Establishing Your Niche • Checking for Preemption • Types of Articles • Jurisprudential Approaches

  7. The Topic/Thesis/Niche Connection • Topic Passion • Thesis -- Basic • Thesis Originality – Niche • Novel, Non-Obvious, Useful, Sound • Usual Suspects • Find, Explore, & Establish

  8. Developing Your Topic/Thesis/Niche • Class, Faculty, Others • Print Sources • On-line sources, esp. at NU Law

  9. Developing Your Topic/Thesis/Niche:Class, Faculty, Others • Course readings and discussions • Current events • Conversations with advising professor, employers, practitioners, classmates • A note on talking with faculty • Knowing limits • Asking for direction • Bouncing ideas • Your own expertise

  10. Developing Your Topic/Thesis/Niche: Print Sources • Legal & popular newspapers & magazines • Casebook notes, questions, & comments • Looseleaf services (BNA & USLW) • USLW Circuit Split round up • Commercial outlines • Treatises • Certiorari petitions (careful)

  11. Developing Your Topic/Thesis/Niche: On-line Sources • http://supct.law.cornell.edu • Cornell’s LII • Law events, court decisions, legislation • Supreme Court cases, pending and decided • www.law.com • NU Law Library Resources and Links (see handout)

  12. Developing Your Topic/Thesis/Niche: More On-line Sources • CALR: splits & topical • WL: SCT-PREVIEW (search “circuit w/5 split”) • LEXIS: Legal > Secondary Legal > American Bar Association (ABA) > ABA Journals > Preview of United States Supreme Court Cases (search split) • WL: Bulletins (WLB) & Topical Highlights (WTH) • CALR: journals (full text & titles) • LEXIS: Law Review Combined, Index to Legal Periodicals, Legal Resource Index • WL: JLR, CILP, ILP, LRI

  13. Checking for Preemption • Broadly define terms and scope • Articles: Title search > Abstracts > Full Text • Books: casebooks, treatises, hornbooks • Don’t let it bring you down – add nuance if necessary • Save research – for footnotes, to double check points, to change direction, to save time, energy, wrinkles, & sleep

  14. Types of Articles • Case cruncher • Law reform article • Legislative note • Interdisciplinary • Theory-fitting article • Legal profession, legal language, legal argument or legal education • Learned dialogue on pre-existing debate • Legal history • Case note • Empirical research • Comparative law

  15. Jurisprudential Approaches • Formalism • Legal Realism • Legal Process • Fundamental Rights • Law and Economics • Critical Legal Studies • Critical Race Studies • Feminist Jurisprudence • Queer Theory

  16. Writing Tips as You Prepare to Move Forward • Be organized • Be clear in your mind • Think about where you are going and set deadlines

  17. Article Format (where you are headed) • Basic Four Part Harmony • Introduction • Background • Analysis • Conclusion

  18. Next Presentations • Handout & Survey • Wednesday, February 1, 12:00-1:00, RB 150: Research/Attribution • Wednesday, March 1, 12:00-1:00, RB 150: Building a Scholarly Analysis

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