Learn more about the reporting available to you from your Account Manager or view the course set-up instructions to get started. Table of Contents The authors have updated the chapter on research, an absolute necessity given ever-expanding sources and techniques in the electronic age.
Scholarly Writing by Jessica L. Clark; Kristen E. Murray Call Number: KF Providing students with guidance, either with a handout or an express discussion, about effective note-taking and organization of research materials can also help students to be more efficient and will enhance the quality of their final product. Is it a helpful source? Is it well-researched and argued, or are there flaws in the research and analysis?
Supporting Normative Assertions: Encourage students to look for sources that lend support to value-laden judgments that support their initial thesis. As they research, they should be considering how they will support the normative assertions that they make in the paper. Tracking Research: Remind students to write down the date of each source and the date when each set of research notes is made. Many students spend too much time repeating searches that they have already done or too little time following up on good research leads because they leave big gaps in time between searches and do not accurately track what they research or when they research it.
Noting Citation Information: Make sure students know to include all of the information needed for a proper Bluebook or other citation manual citation for each source that they think will be helpful. If the citation manual is not handy at the time the student is researching, the student should be sure to include all of the information about the source that is available to her, including dates, authors, titles, and page numbers.
Looking it up during the writing or rewriting stage of the process is a tremendous waste of time. Dealing with Quotations: If the student is cutting and pasting materials from an online source rather than downloading entire documents, she should be sure to include the citation with the pasted material. In addition to including the citation, remind the students to always place quotation marks around material taken verbatim from a source so that they do not run into plagiarism problems in the final product.
Tracking Ideas: Students should aim to be consistent in how they treat notes that are their own thoughts about information from a source and notes that are taken verbatim from a source. Creating Organized Notes and Research: Encourage students to create a deliberate and organized note-taking system.
Although the computer revolution has left fewer and fewer students relying on traditional note-taking systems like note cards and legal pads, some still find it helpful to print out materials and organize them in loose-leaf binders or folders, separating material by topic or sub-topic in a way that makes it easier to have all of the relevant research materials on a given part of the paper in front of the writer during the drafting process.
Some students find color-coding systems to be helpful as well. Using Online Organization Tools: If a student is comfortable working with documents in purely electronic form, individual computer sub-files can be opened for her notes and research materials and organized by topic.
Students who are working with a large number of research sources and materials may find it helpful to use one of the many research organizing tools available online, including Zotero, EndNote, Mendeley, and RefWorks, which can be used to store and organize research materials. These tools typically allow the user to import citations from research sources like databases and web sites, insert her own annotations, and create footnotes.
Using Active Thinking: Instruct students to use active thinking in their note-taking. Rather than merely transcribing key points from a source, students should focus their notes on how each source relates to their working thesis.
Does it support the thesis? Which part? Quotations should be clearly marked, with reference to the pinpoint page numbers, as noted above.
Effective notes will also include questions that the student has about the source. Revisiting Research after Writing: Underscore the recursive nature of the research and writing process. Initial research should help students to identify an initial, rough organizational structure for their paper.
As more helpful materials are found, they can be organized according to that initial organizational structure; choices can also be made about revisions to that initial structure if newly-discovered sources suggest new topics or a different organization. Are there leading sources that are missing from the discussion and footnotes? Has the student addressed scholarly commentary relevant to the topic, or does the paper rely primarily on primary sources like cases and statutes?
Are the cited sources authoritative? Is the student over-relying on Internet sources? Are there assertions in the draft that an experienced legal reader would expect to see supported with a citation to authority? Examples of Comments on Draft Papers Relating to Research Example 1 inadequate discussion of existing scholarship relevant to the topic : You have a solid start to your research and have found a good initial universe of authority supporting the interpretation of the various requirements for the DMCA safe harbor that are relevant to Facebook Live.
Those sources are important and helpful, of course, but there has been a lot of scholarly comment on the DMCA and on the performance right including law review articles more generally addressing compulsory licensing and its pros and cons, which would be helpful for your final proposal section.
You rely fairly heavily on just a couple of sources or ones to be found later for a lot of your background discussion, so I recommend doing some additional research into both primary sources like Supreme Court cases discussing the purposes of the Copyright Clause in the Constitution and secondary sources like scholarly articles advocating for or against an expanded performance right to lend further support to some of the discussion.
In addition, the Feb. Are there other relevant cases or law review articles or amicus briefs that present alternative views? Present them here as well. Right now the paper just assumes that live streaming without a performance license for music used in the stream is a harm that needs a remedy, but it would strengthen the paper to add just a few paragraphs to lay the foundation for why this is something Congress or Facebook should care enough about to take action.
It might be interesting to include a preliminary section that addresses the normative concerns that are inevitably invoked in this context — i. Winter break is also a great time to make substantial progress on a first draft. Either way, you should try to work steadily on the Note so as to avoid losing momentum and focus. Good writing does not come naturally: Read good writers. While some may have a greater facility for language than others, there is nothing natural about good writing.
To practice without models of good writing is, however, pointless. You must read other legal writers carefully, for both their analysis and their style. As a starting point, find a few sources that inspire your intellectual juices and, over time, keep adding to the list.
Read and analyze how those writers introduce their topic and communicate their thesis. Look carefully at the architecture of their argument, their lexicon and sentence structure. In short, read them as both legal scholars and writers. Emulate but do not copy, of course. Additionally, you may benefit from style guides that provide specific guidelines for legal writing e.
Avoid legalese. A student note should not read like a law school exam or a brief. Comments from the faculty member may come on the paper itself or through a written comment sheet that conforms to the areas on which the paper will be evaluated. These might include: clarity of writing style and organization, originality of thesis, thesis development, use of legal analysis, statutes and case law, breadth of sources and progress from first draft to final paper. Finally, faculty may encourage students who have written excellent papers to submit them to law reviews for publication.
In particular, second journals that specialize in a particular topic are often receptive to student work. In this way, faculty are helping their students become legal scholars and to contribute to the scholarly canon in the area that they have chosen to research.
Professor Paula Monopoli Professor Susan Hankin Sample Guidelines for Preparing the Class Presentation1 Oral presentations on the research papers are scheduled for the final four weeks of the semester. You should expect your presentation to be about 15 - 20 minutes long, followed by approximately 20 minutes of questions and discussion.
In order to assist your classmates in preparing for your presentation, you must supply the class with reading material at least one full week before you are scheduled to speak. The materials should include an excerpt of your paper and other related readings. You should also consider posting discussion questions to the listserv prior to your presentation.
Employing a process theory of writing, the text first describes the enterprise of scholarly writing, and then discusses techniques for brainstorming, researching, drafting, and revising for substance and style. Once students know what the professor expects the paper to accomplish, they may feel more confident in selecting a topic. This option is a good choice for faculty who prefer to have the seminar papers cover in depth something that will be a topic of discussion during the course of the seminar. At least one draft of a paper should be required, whether or not the paper is being written to meet the Advanced Writing Requirement.
If you raise this issue, you will have to analyze its implications with some in-depth discussion of the First Amendment and the fair use defense. Audience: Either during the seminar itself or during individual conferences with students, it can be very helpful to have the students expressly identify their target audience. Anchored by faculty-authored self-assessments keyed to our most popular casebooks, CasebookPlus allows students to test their understanding of core concepts as they are learning them in class. When you hit a road block, change it up. In addition, requiring students to turn in detailed outlines well before their draft is due will give the professor an opportunity to determine whether the students have an appropriate understanding of the legal issue, to meet with students to discuss the complexities of the issue, and to provide feedback and guidance on more effective organizational schemes for the paper that students can use in drafting the paper.
Quotations should be clearly marked, with reference to the pinpoint page numbers, as noted above. Part I: This section should be used to set forth the background information on which the later analysis in your Note will depend.