1 / 8

Writing a Law Review Note

Writing a Law Review Note. Presentation by Prof. Susan Adams and Prof. Elizabeth De Armond Sept. 23, 2009. Critical vs. Instrumental Writing. Instrumental Writing Past legal writing experience, types of documents Audience Purpose Critical Writing Law review notes Why you? Audience

sade-montgomery
Download Presentation

Writing a Law Review Note

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Writing a Law Review Note Presentation by Prof. Susan Adams and Prof. Elizabeth De Armond Sept. 23, 2009

  2. Critical vs. Instrumental Writing • Instrumental Writing • Past legal writing experience, types of documents • Audience • Purpose • Critical Writing • Law review notes • Why you? • Audience • Purpose

  3. End Notes – Learn to Love Them! • Purpose • Construction

  4. Types of Articles* • The “case cruncher” Examples: • New perspective pieces • Analysis of the impact of a landmark case • The law reform article • The legislative note • The interdisciplinary article • The theory-fitting article • The legal history piece • The case note • The empirical research article *Material drawn from Richard Delgado, How to Write a Law Review Note, 20 U.S.F. L. Rev. 445 (1986)

  5. Sample Recent Titles • The Hazards of Making Public Schooling a Private Business (law reform based on public policy) • Self-Regulation, Socialization, and the Role of Model Rule 5.1 (legislative note in the area of attorney ethics) • The Concept of Limited Sovereignty and the Immigration Law Plenary Power Doctrine (a theory-fitting article in the constitutional law area) • A Lesbian-Centered Critique of Second-Parent Adoption (case cruncher - new perspective) • Reconceptualizing the Role of Constructive Waiver afterSeminole (case cruncher – the effect of a landmark case)

  6. More Recent Titles • Rape, Resurrection, and the Quest for Truth: The Law and Science of Rape Trauma Syndrome in Constitutional Balance with the Rights of the Accused (interdisciplinary analysis) • Achieving Justice for On-Call Workers: Amending the Fair Labor Standards Act (legislative note with a call to revise legislation) • Exclusionary Clauses in Automobile Insurance Policies: A Call for Federal Regulation (legislative note with a call for a new statute) • A Proposed Solution for False Memory Cases: A Gross Negligence Standard (a case cruncher with a call for a new common law standard)

  7. Anatomy of a Note • Introduction • Hook • Terminology (if appropriate) • Thesis • Roadmap • Explanation of background facts and legal doctrines (moving from the general to the specific) • Your claim, including an analysis of the specific problem and your proposed solution • Conclusion

  8. Anatomy of a Note - Example • Kelly M. Neff, Removing the Blinders in Federal Sentencing: Cultural Difference as a Proper Departure Ground, 78 Chi. Kent. L. Rev. 445 (2003)

More Related