alwrworkshop%i - florida coastal school of law workshop i.pdf · ii.%types%of%alwrpapers...
TRANSCRIPT
ALWR WORKSHOP I
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• I. ALWR Deconstructed
• II. ALWR: types of papers
• III. ALWR Challenges & Help
• IV. ALWR ObjecAves
ALWR Criteria
Required under ABA Standard 302. Curriculum:
“A law school shall require that each student receive substanAal instrucAon . . . In at least one addiAonal rigorous wriAng experience aNer the first year”
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I. What does “rigorous” mean?
Type and quanDty of wriDng assignments
Frequency and quality of student meeDngs with professor for individual assessment
Number of draMs student must produce
Instructor’s manner of assessment3
II. Types of ALWR Papers
Law review arAcles and similar academic papers
Appellate briefs
Non-‐appellate briefs
Memoranda of law
Other (with approval of the Vice Dean)
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III. WriDng Challenges
1. Lack of confidence in wriDng ability 2. Research paper is different 3. Lack of experience in wriDng research papers 4. Choosing what to write about 5. Taking a stand 6. Lack of legal analysis 7. Difficulty arguing policy 8. Different citaDon & Footnotes 9. OrganizaDon 10. Others?
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1. Lack of Confidence in WriDng
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Read a book dealing with scholarly wriDng e.g. Fajans & Faulk’s Scholarly Wri,ng for Law Students.
Do extensive groundwork and clarify your intentWrite simply!Visit your professor & the wriDng center
Get handoutsAgend workshopsKeep a list of quesDons/uncertainDes
QuesDons?
(wriDng challenges) 1. Lack of Confidence in WriDng Ability
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2. A Research paper is different
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(wriDng challenges) 2. A Research paper is different
Your opinion is central: I CAN’T EMPHASIZE ENOUGH THAT THIS IS YOUR PAPER, AND YOU MUST OWN IT.
The wriDng is fundamentally persuasive
Develop your own style and eloquence
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3. Lack of experience in wriDng research papers
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√ (wriDng challenges) 3. Lack of experience in Tell your professor & ask for orientaDon
Visit the WriDng Center
Look at sample papers (go to WriDng Center webpage for sample papers)
Read a book on scholarly wriDng (see bibliography)
Don’t wait unDl the last minute11
3. a. How do I Handle the Research?• Ask a librarian the best way to do research in the area you are wriDng in.– There are enDre law reviews dedicated to most areas
– Westlaw can be searched for specific areas
• Organize your research as you go– The material will begin to sort itself out early on
• Keep close tabs on documenDng your research – Correct agribuDon is crucial.
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4. Choosing what to write about
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√ (wriDng challenges) 4. Choosing what Ask your professor for suggesAons, but be pro-‐ac,ve in
finding and developing your own topic, then get approval
Go to the library and ask librarians how to best research your topic
Browse in the area you are working on
Browse online
Look in the newspaper
Find the specific original area you’d like to become an expert in.
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5. Taking a stand
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You must give YOUR opinion and/or take a stand on your topic
Analyze the subject as if you were preparing for a debate
Address opposing arguments & excepDons
Write paper as a directed studies
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6. Legal Analysis
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(wriDng challenges) 6. Legal analysis
Review IRAC, TREAT, etc.
Review notes from LP 1 & 2
Read examples
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7. Difficulty arguing policy
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(wriDng challenges)
7. Difficulty arguing policySearch thoroughly for background which informed policy
Analyze good/bad which results from it
Propose soluDon
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8. Footnotes & CitaDon
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(wriDng challenges) 8. Footnotes & citaDon
Different type of Bluebook citaDon
Go to library workshops for extra help
Footnotes covered in ALWR Workshop II
Look over the sample ALWR papers on the WriDng Center webpage or in the WriDng Center itself
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9. ORGANIZATION
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√(wriDng challenges) 9. ORGANIZATION
1. IntroducDon2. Body3. Conclusion
large scale &small scale
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9. Large Scale OrganizaDon Introduc+on
Let’s read what Fajans & Falk have to say about what makes a good introducDon: “The introducDon should state your topic and provide just enough background to make it comprehensible to any law-‐school-‐educated reader. It must also narrow the topic and state the thesis, that is, the problem and soluDon you explore in the paper. Finally it should include an explicit “roadmap” that provides your reader with a graphic inDnerary—e.g. ‘Part I provides an overview of X doctrine, Part II discusses and evaluates recent decisions on X in state Y, and Part III argues that Z is the beger view.’ ”
Let’s look at that a ligle more closely . . .25
9. Large Scale OrganizaDon
• Main introducDon:– Hook (a story, anecdote, shocking sta6s6c, etc.)
– Background (make the subject accessible to everyone)
– Outline issues
– Give overview of your approach
– JusDficaDon (explain why this needs to be addressed)
– Interest (what prompted you to take this on)
– Importance
– Thesis statement (you should be able to point it out)
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9. Large Scale OrganizaDon: Body
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9. OrganizaDon: Body
• Headings and subheadings– Use for table of contents
– Check for logical division
– Use as many as needed to keep you on track• Remove unnecessary ones aMer wriDng
– Must have content (except for “IntroducDon” & “Conclusion”)
– Use parallel structure
– Follow formal outline structure28
9. OrganizaDon: Headings & Subheadings must have content
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9. Organiza6on: Headings & Subheadings
Retelling the Story of AffirmaDve AcDon: ReflecDons on a Decade of Federal Jurisprudence in the Public Workplace
IntroducDon
I. The Dominant NarraDve of AffirmaDve AcDon
A. NarraDve as a Source of Societal Meaning
B. EnacDng the Dominant AffirmaDve AcDon NarraDve
1. The Liberal InvocaDon of the Dominant NarraDve
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9.Headings & Subheadings Use parallel structure
A. Defining “Narrowly Tailored” in the Lower Federal Courts1. The Necessity of Relief and the Efficacy of
AlternaDve Remedies
2. The Flexibility and DuraDon of Relief
3. The RelaDonship of the Numerical Goals to the Relevant Labor Market
4. The Impact of Relief on the Rights of Third ParDes
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9.Headings & SubheadingsFollow formal outline structure
I. -‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐
A.-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐
B.-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐
1.-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐
2.-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐
a.-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐
b.-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐
II.-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐32
9. Large Scale OrganizaDon
• ABOUT the Last THIRD OF THE PAPER
SHOULD BE
ALL ABOUT YOU, YOUR THESIS,
YOUR ARGUMENT,
YOUR OPINION.• It’s your baby
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9. Large Scale OrganizaDon
Close with a quotaDon
Close with a challenge
Close with a call to acDon
Close with humor
Briefly recapitulate your overall argument & restate your thesis
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This is what your reader will see last: make it memorable.
9.Small Scale OrganizaDon
Every level of your paper should have an introducDon, body, and conclusion.Each secDon
Each paragraph
Never leave a secDon
heading without text
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IV ALWR ObjecDves
1. Become a specialist
2. Develop criAcal & analyAcal skills
3. Publish!
4. Become a be`er researcher
5. Become a be`er writer
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Keep on Track
• Break down the project into manageable tasks and establish deadlines; ask your professor for a schedule, or set your own guidelines.– Topic selecDon
– Thesis statement
– Research plan
– Outline
– First draM
– Subsequent and final draMs39
And to close . . .
Say all you have to say in the fewest possible words, or your reader will be sure to skip them; and in the plainest possible words or he will certainly misunderstand them. (emphasis added)
-‐-‐John Ruskin
And finally:
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SHINE!
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