Presentation Transcript

1. Writing & Researching the Communications Law Paper

2. Finding Topics – Where to Look Several websites provide valuable information on legal – especially 1st Amdt – happenings. They are a good source of current events in various ways: www.aclu.org - civil liberties www.firstamendmentcenter.org - 1st Amdt http://ccrjustice.org/ - civil liberties http://www.tjcenter.org/ - 1st Amdt http://www.splc.org/ - 1st Amdt (students) http://www.scotusblog.com/ - SCT http://epic.org/ - privacy
3. Choosing a Topic Write on a topic that interests you Don’t write on something just because you think it’s sexy or because you think you “should” write on it. There are usually ways to make topics that interest you more current – you just need to use different lenses. Example: You want to write on Snyder v. Phelps, which involves the Westboro Baptist Church (WBC) BUT WBC isn’t in the public eye as it once was and SCT decision is 3 years old. To make topic current – you could examine recent appellate decisions involving laws barring funeral protests and discuss if they are consistent with the 1st Amdt.
4. Make Your Topic New & Concrete Example: Don’t write about how shield laws for reporters are a good thing Instead – discuss how specific, recent events reveal the need to adopt a particular shield law and why the 1st Amdt compels or does not prohibit such a law. Example: Don’t write about the errors in the SCT’s standards for determining whether students’ free speech rights are violated. Instead – focus on emerging issues re students – such as schools punishing students for the off-campus speech on the Internet.
5. Narrow Your Topic To Fit The Paper Assignment Paper = 20-25 pages. That’s not as long as you think. Narrow your topic to fit these parameters. This means: Thinking about what REALLY needs to be in the paper re background & details How to synthesize discussion of legal issues Making sure you’ve left enough room for analysis as opposed to simple conclusions or description Analysis is the GUTS of your paper.
6. Analysis & the Importance of Judicial Reasoning Support your thesis with analysis. You will have less trouble reaching a conclusion than you will supporting it with argumentation. Remember: Don’t just tell me what you think the right answer is. Tell me WHY &support your conclusion with arguments. Kerr & Goldstein articles assigned for today: Both highlight the importance of “judicial reasoning” to SCT (and all court) decisions. That reasoning is integral to free speech cases so pay attention. It will be useful to the analysis in your papers. But it can be difficult to condense in a coherent way.
7. Accessibility of Your Paper Goldstein’s article made a great point: Law & legal writing can be inaccessible to the lay public. Don’t let the length of this paper detract from your attempt to write an accessible piece. Your topics are going to require a certain depth of inquiry simply because of their complexity. In the legal field, 20-25 pages is NOT long. This is an opportunity to write a complicated but accessible piece. Lots of research/citations involved but footnotes for citations should help.
8. Writing The Paper – Some Useful Templates Look at other legal articles You need not copy any one of them. But patterns will emerge regarding organization and topics/issues/items discussed. Templates Wells on Snyder v. Phelps– see syllabus/Week 8 Floyd Abrams, Citizens United And Its Critics, Yale Law Journal Online http://www.yalelawjournal.org/the-yale-law-journal-pocket-part/constitutional-law/citizens-united-and-its-critics/ Andy Koppelman, Bad News for Mail Robbers: The Obvious Constitutionality of Health Care Reform, Yale Law Journal Online http://www.yalelawjournal.org/the-yale-law-journal-pocket-part/constitutional-law/bad-news-for-mail-robbers:-the-obvious-constitutionality-of-health-care-reform/