EMPLOYMENT LAW SEMINAR
ASSIGNMENT ONE --TOPIC PARAGRAPHS
Purpose. Ths assignment requires you to begin the process of identifying a viable topic
for your paper. Choosing a subject is one of the most important parts of a good paper. It should
be a subject that you will enjoy grappling with for much of a semester, and that others will view
as important or interesting.
The advantage of considering two topics is that you will have a second, fall-back topic, in
the event your first choice does not work out. For this reason, you should give equal thought to
both topics.
Content. You are not obligated to choose either of the topics for your paper. This is an
exercise in identifying the sort of issues that interest you and the characteristics of a good topic.
You are not required to research the topic exhaustively at this point. However, you
should know enough about it to explain why the issue needs legal attention. As a law paper in a
law course, the subject must encompass a question of law, that is, a problem that the legal system
is able to resolve or mitigate. Although your final resolution will undoubtedly evolve, it is very
useful to formulate what might be an instinctual solution (hypothesis) because the process of
considering it against other suggestions leads to a more refined recommendation and conclusion.
Preemption check. You should scan the journal databases within Westlaw or Lexis to
ascertain the extent to which the topic has been addressed by others. The Social Science
Research Network (ssrn.com) is also helpful, especially for works in progress. Ideally, you will
incorporate those articles into your own, critiquing some and building upon others. You should
not assume you are preempted from writing on the subject if your views and resolutions differ
from published articles.
Format. The format is a traditional paragraph, of five to ten sentences. Obviously, the
first sentence should state the specific topic you have identified. Most topics encompass some
legal problem, such as a group or individual is not protected under current employment laws.
The succeeding sentences may explain how the problem arose, whether the courts and/or
legislators are aware of it, whether the courts and/or legislators have taken an approach that is
consistent with prior case law or the purpose of a statute. Overall, the summary should explain
why the situation, case, or circumstance is important and why readers should care about it. The
final sentence should refer to some solution that you – at this point at least – would recommend.