How To Increase the Grade Point Average – Writing The Law School Paper: Writing a paper is not as difficult as you think. You must dedicate some time to writing it (about two times a week) throughout the semester, then there is a requirement that you edit the paper over and over again. I do believe that “there is no such thing as good writing, only good editing.”
It does not matter whether the paper is meant to be informative or persuasive. If the paper is meant to inform the reader of a particular topic, you can share the many different viewpoints and solutions on an issue. If it is meant to be persuasive, you can share viewpoints, solutions, add policy, and include your own opinion(s), too.
Where do you start?
What Is The Topic? What are you are going to write about? Is it a person, a place, a thing, or a combination of the three? If the answer to this question is based, as it probably is, on some specific legal issue, then there is likely a lot of literature on it (statutes, cases, law review articles, treatises, legal journals, magazines, books, newspapers, etc.) Look for information on a topic everywhere.
It does not matter whether the paper is meant to be informative or persuasive. If the paper is meant to inform the reader of a particular topic, you can share the many different viewpoints and solutions on an issue. If it is meant to be persuasive, you can share viewpoints, solutions, add policy, and include your own opinion(s), too.
Where do you start?
What Is The Topic? What are you are going to write about? Is it a person, a place, a thing, or a combination of the three? If the answer to this question is based, as it probably is, on some specific legal issue, then there is likely a lot of literature on it (statutes, cases, law review articles, treatises, legal journals, magazines, books, newspapers, etc.) Look for information on a topic everywhere.
Do not fall into the trap of only reading cases to learn about a topic? When a case highlights a particular issue, it is based on a set of facts for that issue, alone. There is a possibility that the opinion will provide a background on the subject area, and how that court, or courts, in general, have looked at a particular set of circumstances surrounding that issue. But I would not count on case law to provide the depth and breadth needed to understand an issue.
Who Is The Subject? Sometimes there is no who? But there is always someone that an issue affects. So the question you must answer while working on a topic is the audience. Does the topic affect women, men or children? Is there another specialized group that the topic affects? A special interest group, maybe? Is there a particular ethnic group or some other special interest group? Some of the people that make up the subject are obvious. That is the group that the professor expects you to discuss – the people who at the top of the problem. Supposed you looked at the topic just a little deeper. Why don’t you, as a matter of fact?
Who Is The Subject? Sometimes there is no who? But there is always someone that an issue affects. So the question you must answer while working on a topic is the audience. Does the topic affect women, men or children? Is there another specialized group that the topic affects? A special interest group, maybe? Is there a particular ethnic group or some other special interest group? Some of the people that make up the subject are obvious. That is the group that the professor expects you to discuss – the people who at the top of the problem. Supposed you looked at the topic just a little deeper. Why don’t you, as a matter of fact?
Instead of looking at the surface, look for non-suspect groups or pockets of people that are or could be affected by the law, the rule, the decision, the concern in the future. Go beyond the obvious. List everyone, and write (freely) about how you think that group, small or large, would be affected by certain set of circumstances.
When Did This Happen? Look at the time span in which your topic occurred (occurs), or is continuing to occur? What was the outcome and impact over the several years, decades, or centuries related to your topic? You have the opportunity here to share numbers with the audience. Prepare a table or chart or graph to help reader see the changes over time. However, it is extremely important that you explain to the reader/audience the entire graph, why you choose the dates listed, and the outcome related to the dates.
When Did This Happen? Look at the time span in which your topic occurred (occurs), or is continuing to occur? What was the outcome and impact over the several years, decades, or centuries related to your topic? You have the opportunity here to share numbers with the audience. Prepare a table or chart or graph to help reader see the changes over time. However, it is extremely important that you explain to the reader/audience the entire graph, why you choose the dates listed, and the outcome related to the dates.
It is also just as important to make as many comparisons as possible and share with the reader/audience the various changes (eg., numbers in general, financial changes, etc.).
How Did This Occur? One of the easiest “outs” in a seminar (legal) paper is to look to blame someone for doing something to someone else. The problem came about because this group of people did X to another group of people. To be honest, sometimes, and perhaps, more often than not, some “one” group of people did do something to another group of people. You can (and, you should) include the “whodunit” people in the paper, then push them into the ground for all the bad “they” did to that group.
How Did This Occur? One of the easiest “outs” in a seminar (legal) paper is to look to blame someone for doing something to someone else. The problem came about because this group of people did X to another group of people. To be honest, sometimes, and perhaps, more often than not, some “one” group of people did do something to another group of people. You can (and, you should) include the “whodunit” people in the paper, then push them into the ground for all the bad “they” did to that group.
Once you have included that group, now force yourself, as the writer, to examine the problem from that group’s perspective. What happened to make that group, “turn” on another group? What was the social, economic, political structure at the time of the situation? Ask, and answer, as many questions as possible to help the reader get a better understanding of the opponent’s position.
If you create a position of openness in the paper (you have nothing to hide) you will appear to be less biased and more credible. When you tell the truth, the whole truth, and nothing but the truth, the reader is more open to listening to your opinion and your final thoughts/solution on the problem. If you don’t hide the ball, the reader tends not to think that you have a certain agenda.
Where Are You? This “where” has a different spin than what you may think, so wait a minute before you react? Where are you in this picture? Are you in a position to be in one of the several groups of people involved in the problem? In other words, how are you connected to the problem that is before the audience?
Where Are You? This “where” has a different spin than what you may think, so wait a minute before you react? Where are you in this picture? Are you in a position to be in one of the several groups of people involved in the problem? In other words, how are you connected to the problem that is before the audience?
Where are you also means how did you come to choose this problem? What prompted you to question or add, or confront this issue? Why is it personal to you? What is your story? What do you get out of this paper, legally? Tell this story truthfully, and again, it helps your credibility. It also shows your dedication to the topic, as well.
Freewrite: Unfortunately, too many people think that they have to write a very structured paper in order to get a good, first draft. That is not true. One of the best ideas I know of to help the time crunched law student finish a paper is the free write. There are several reasons for the free write, but the most important, is to get you started writing. There is no reason to be afraid of a few words.
Freewrite: Unfortunately, too many people think that they have to write a very structured paper in order to get a good, first draft. That is not true. One of the best ideas I know of to help the time crunched law student finish a paper is the free write. There are several reasons for the free write, but the most important, is to get you started writing. There is no reason to be afraid of a few words.
So, write, and write, and write. Write what you think about a topic, what you want to think about a topic, and what you want the outcome of a topic to be without using any law or law related information. What do you want to say? How do you want to say it? And what order do you want to provide it for the reader? Do I suggest that you free write until you have completely written the 15 or 25 pages? No, I don’t. I think you should be able to write at least 10 to 15 pages over the number of pages you are required to write.
Free means free from intervention, professor’s eyes, or from worry that you are writing about the wrong thing. Free means that you decide (freely) what you want to say each time you sit down and write and where you want the paper to go. Free means that you are able to write 2xs weekly without interference from anyone else, or even yourself – free, will help you organize your mind and allow you to really understand what you want to say in the paper.
Okay, so what are you waiting for? It's not too late. Yes, you've been a little slow on the draw lately, but a holiday is coming up, and there is nothing like a few cold leftovers, a computer, and some snowman movie to get you through a paper before returning to school.
Write your paper and write me with your questions,
Prof. Smith
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