Legal Research & Writing I Syllabus—Fall 2015 Dean Heidi S. Holland E-mail: Office: hholland@lawschool.gonzaga.edu 467 Telephone: Assistant: 313-3785 Jana Wolff Course Description and Objectives: Welcome to the first in a series of four required legal research and writing courses. Our course is designed to include both research and writing components, but it is also much more than that; it will introduce the technical and analytical skills law students and lawyers need in order to recognize, research, and effectively articulate legal issues. It will start you on the path of legal problem solving. We will emphasize legal research materials and processes and often discuss broader issues of what it means to be an attorney, challenges in the practice of law, professionalism, etc. Office Hours: My favorite part of my job is you – my students. I am committed to helping you succeed not only in this class, but also in law school, and ultimately in your career as an attorney. I encourage you to regularly take advantage of my office hours and make appointments to meet with me as often as necessary throughout the term. Mon: Tues: Thurs: Fri: 11:00-12:00 noon 2:00-3:00 p.m. 1:00 p.m.- 3:00 p.m. 1:30 -2:30 p.m. * I am also available at other times by appointment. Required Texts: 1. Amy E. Sloan, Basic Legal Research, Tools and Strategies, 5th Edition 2. Helene S. Shapo, et al., Writing and Analysis in the Law, 6th Edition 3. Tracey L. McGaugh, et. al., Interactive Citation Workbook for the Bluebook: A Uniform System of Citation, (2015 edition) Make sure you buy the workbook for the “Bluebook” - not for the “ALWD Citation Manual.” 4. The Bluebook - A Uniform System of Citation (20th ed. 2015). This is available in print and electronically; I would strongly recommend the print version. If, however, you choose to purchase the electronic version, you may NOT bring it into the Research & Citation exam. We use the first three books for LRW I and II, and you will use the Bluebook throughout law school. Also, many LRW professors use the Shapo textbook for LRW III. Evaluation: You will work on a series of progressively more complex assignments. The first three assignments are not graded; this is for your benefit as you are learning this new genre of writing. I will give you a lot of feedback on your ungraded assignments and return them to you Dean Heidi Holland LRW I – Fall 2015 1 with the goal of you working toward mastery of the relevant skills before you are graded. The ungraded assignments build foundational skills that you will use not only in the graded assignment, but also in your other classes and ultimately in the practice of law. I am here to coach you to mastery, but remember, the more time and effort you invest into the ungraded assignments, the better you will perform in the end when your assignments are graded. If you fail to complete and turn in an ungraded assignment (paper; problem set; homework; or other exercises, including, but not limited to the ICW exercises) you will not pass this course. Your LRW grade for the first term will be based primarily on the final office memorandum and the research test; however, you will also be evaluated for professionalism and class participation. The professionalism/participation component of your grade includes, but is not limited to, being on time for and prepared for class; active participation in class discussions; timely turning in completed homework assignments, exercises, etc.; being on time and prepared for, and actively participating in your individual conference; following assignment instructions and class rules; and respect for your classmates, my assistant, and me. (Also see Laptop Use in the Classroom policy.) Writing Assignments/Exams 1. Simple Case Analysis 2. Complex Case Synthesis 3. Office Memorandum 4. Citation/Research Exam 5. Final Office Memorandum 6. Professionalism/participation/homework Points Ungraded, but evaluated Ungraded, but evaluated Ungraded, but evaluated 30% 65% 5% I may add additional graded or ungraded assignments. Percentage values and due dates may also change. Research Exercises and Problem Sets: You will be given research exercises and be required to complete exercises in the Interactive Citation Workbook (ICW). Neither the research, nor ICW exercises are busy work. The best way to master the skills of research and citation is with lots of practice. The answers to the ICW exercises are on reserve in the library under my name. You must self-correct your ICW exercises before you turn them in and it must be clear that you have done so. (I will explain this in class.) I will answer questions about the ICW assignments in class, but the majority of the work will be on your time. Throughout the term, I will collect the research assignments and ICW exercises to assess how the class is grasping the subject matter. Keep your exercises organized and ready to hand in at any time, with or without notice. Dean Heidi Holland LRW I – Fall 2015 2 For ICW assignments, complete the accompanying exercises in that chapter, then If you do the exercises on-line, print the completion certificate to hand in. Do not email the certificate to me. If you do the exercises from your workbook, you have two options: 1) Write your answers directly into your workbook and then check your answers against those on reserve. Then photocopy the workbook page with your handwritten corrections to turn in; or 2) Write or type your answers to the exercises on a separate piece of paper. Check your answers against those on reserve and handwrite any corrections on that piece of paper. Turn in the marked up version so I can see where you had difficulty. I must be able to tell that you have checked your answers. Workbooks: You must keep a workbook, binder, or portfolio that includes each assignment for the term, including drafts. The purpose of the workbook is to measure progress and pinpoint recurring writing problems. Conferences: To help you succeed, one of our course requirements is that you participate in an individual conference during the period between the ungraded research memorandum and the final graded memorandum. You will bring your workbook/portfolio of ungraded assignments to that conference for review. Prior to this conference, I will ask you to review my comments on your previous papers, critique yourself, and prepare in other specified ways for our meeting. This allows us to spend the majority of the time in the conference discussing how to make your writing better. Email: It is your responsibility to check your email daily. If I need to communicate with the class, I will send out a group email. Laptop Use in the Classroom: There is much debate in the academic community about students’ use of laptop computers during class. Computer use can be distracting to your classmates, can interfere with classroom discussion, and discourages you from actively listening. You may only use your laptops in our LRW class for note taking and reference to relevant law. I expect that you will not play games, surf the Web, read e-mail, check Facebook, etc. during class; to do so would, at the very least, be unprofessional and will affect your professionalism/participation grade. If you are planning to use a laptop during class, it should be plugged in and set up before class starts. There will be times when I ask everyone to close his or her laptop to facilitate discussion. Professional and Ethical Responsibility: The law school has a student code of professional responsibility printed in full in the Law Student Handbook. There are also specific rules for our class regarding collaboration and assignments. It is your responsibility to read these and to seek clarification from me if necessary. Dean Heidi Holland LRW I – Fall 2015 3 LRW I –Fall 2015 Our schedule needs to be flexible and responsive to how the class is progressing. Accordingly, expect adjustments to our syllabus. Please check your e-mail daily. WEEK 1 Laying the groundwork Friday, September 4 Homework to complete before our next class on Tuesday, 9/8 Read Shapo1, Chapter 2; and Read fact pattern (handout) and answer questions WEEK 2 Precedent, legal analysis, IREAC Tuesday, September 8 Homework due for next class on Friday, 9/11: Read Shapo, Chapters 4 and 5; and Read and “brief” (using index cards) Miller, Howard, and Morrison cases Friday, September 11 Bring your case briefing index cards to class. Homework due for next class on Tuesday, 9/15: Draft a rule outline using the Miller, Howard, and Morrison cases Read Shapo, Chapters 6, 7, and 8. WEEK 3 Case synthesis and legal writing Tuesday, September 15 Homework due for next class on Friday, September 18: Work on Simple Case synthesis assignment. You need to bring a printed copy of your rough draft and highlighters to class on Friday. Friday, September 18 Bring printed copy of your rough draft to class Homework due for next class on Tuesday, September 22 Finish your Simple Case Synthesis assignment. I will be collecting it in class on Tuesday. WEEK 4 Synthesis and legal writing, continued Tuesday, September 22 Simple Case Synthesis Assignment due Homework due for next class on Friday, 9/25 : Read Sloan, Chapter 1 Brief cases Friday, September 25 Homework due for next class on Tuesday, September 29 Read Sloan, Chapters 2 and 3 1 Unless otherwise instructed, you are NOT required to do the exercises in the Shapo readings. Dean Heidi Holland LRW I – Fall 2015 4 WEEK 5 Types of authorities and research methods. Introduction to The Bluebook Tuesday, September 29 Homework due for next class on Friday, October 2 : The Bluebook: glance at the Table of Contents and review pp. 1-26. Tab the following sections of your Bluebook: Rule 5.3 (Omissions), Rule 8 (Capitalization), Rule 10 (Cases), Rule 12 (statutes, Table 1 (T1), Table 6 (T6), and Index; and Read ICW, vii-ix and Ch. 1 – Case Names and complete Exercise 1 Friday, October 2 Homework due for next class on Tuesday, October 6 Synthesis assignment due on Tuesday. WEEK 6 Legal research and analysis Tuesday, October 6 Synthesis Assignment due Homework due for next class on : Read Sloan, Chapter 4 Read ICW, Ch. 2 and complete Exercise 2 Read ICW, Ch. 3 and complete Exercise 3 Friday, October 9 Read Sloan, Chapter 5 Read ICW, Ch. 4 and complete Exercise 4 Read ICW, Ch. 5 and complete Exercise 5 CALR TRAINING will be offered sometime during the 7th or 8th week. Watch for an email from the law library. You are required to attend one session of this out-of-class training. WEEK 7 Office Memo Tuesday, October 13 Homework due for next class on : Read Sloan, Chapter 6 Read ICW, Ch. 10 and complete Exercise 10 Thursday, October 15 MAKE-UP CLASS 1:00 p.m. (Both sections together in Room 314) Read ICW, Ch. 11 and complete Exercise 11 Read ICW, Ch. 12 and complete Exercise 12 Friday, October 16 Dean Heidi Holland LRW I – Fall 2015 Read ICW, Ch. 13 and complete Exercise 13 5 WEEK 8 Office Memo Tuesday, October 20 Homework due for next class on Tuesday, October 27 : Work on memo Friday, October 23 NO CLASS (Make-up class scheduled for Thursday, October 15) WEEK 9 Tuesday, October 27 Friday, October 30 Office memo due on Friday. Office Memorandum Assignment due Research assignment for Final Memo due in one week. WEEK 10 Tuesday, November 3 Friday, November 6 Research assignment due Friday Research Assignment due Work on final memo – outline due on Tuesday, 11/17 Study for Research & Citation exam that is on Friday, 11/13. I will be scheduling Individual Conferences sometime between November 9 and November 20. These are mandatory and sign-up sheets will be posted in advance. WEEK 11 Tuesday, November 10 Friday, November 13 Bluebook Family Feud – Citation Review (in class) Work on final memo; Study for Research & Citation exam that is on Friday. Research & Citation Exam (in class) Work on final memo. You must have a printed copy of our outline to bring to class on Tuesday, 11/17 WEEK 12 – Office memo Tuesday, November 17 OUTLINE for Final Memo due Work on final memo. Friday, November 20 Work on final memo. You must have a printed rough draft done Tuesday, November 24 to bring to class with you. Dean Heidi Holland LRW I – Fall 2015 6 WEEK 13 – Office memo - Polishing and perfecting Tuesday, November 24 Bring a printed copy of your memo rough draft and highlighters to class. Friday, November 27 Edit/proof final memo. Due 12/4 by noon. Thanksgiving Break – no class Finish final memo. Due Friday, 12/4 by noon. WEEK 14 – Final Q&A, course evaluations, final memo due Tuesday, December 1 Friday, December 4 Dean Heidi Holland LRW I – Fall 2015 Final memo due by NOON 7