Thesis Writing for Law Students
Prof. Gary Chodorow
BFSU 2007-2008 Semester I
1
Class 1
• What is scholarly writing?
• The process of scholarly writing
• Inspiration: Choosing a topic &
developing a “claim”
2
WHAT
IS Scholarly
SCHOLARLY
WRITING?
What Is
Writing?
1. Implicitly directed to legislative, executive,
and/or judicial decision makers.
2. Normative (informed by a social goal) and
prescriptive (recommending a means to that
goal).
–
–
Compare: Literary criticism more interpretive
Compare: Natural & social sciences more
descriptive
3
Differences Between Scholarly
Writing & “Practical” Writing
1. Audience: Primary audience is academicians
and interested legal readers (not a judge or
client or supervising attorney).
2. Purpose: To inform or educate reader about a
law-related claim (not predict legal result or
advocate on behalf of client).
3. Source of topic: Scholarly writing topics are
chosen. Practical legal writing “comes with the
client.”
4
Similarities Between Scholarly
Writing and “Practical Writing”
1. Same analytical skills: e.g., analyzing
statutes, analyzing cases, using facts,
analogy, synthesis.
2. Same writing skills: e.g., CRuPAC,
paragraphing, citations, quotations,
grammar, usage, punctuation, style.
5
6
• Sir Isaac Newton modestly noted in a
letter to Robert Hooke, "If I have seen
further [than you and Descartes] it is by
standing upon the shoulders of Giants."
• Attribution FNs acknowledge that legal
scholars are linked together in their search
for justice.
7
What Makes Scholarly Legal
Writing Good?
•
An Original, Important, Timely, and
Sound Claim—Says something about
the law that hasn’t been said before.
8
What Makes Scholarly Writing
Good? (cont’d)
2. Comprehensive—Provides sufficient
background material to enable any law-schooleducated person to understand and evaluate
the author’s thesis.
3. Correct—The factual and descriptive material
must be accurate.
4. Logical—The presentation must be well
reasoned and well organized.
5. Clear and readable style—Must be in a
somewhat formal style that avoids both the
pompous and the colloquial.
9
10 Sub-Categories of Scholarly
Legal Writing
1.
2.
3.
4.
5.
6.
Case cruncher
Law reform article
Legislative note
Interdisciplinary article
Theory-fitting article
On legal profession, legal language, legal argument, or
legal education
7. Continuing a pre-existing scholarly debate
8. Legal history
9. Comparative law
10. Empirical research
10
Format of Scholarly Writing
I.
Introduction:
•
II.
Plainly states your claim (a.k.a. thesis)=
your original analysis of the legal
problem & proposed solution.
• Roadmap.
Background (factual & legal)
III. Analysis
IV. Conclusion
11
Format (cont’d):
Extensive Footnotes
Three functions:
1. Authority.
2. Attribution.
3. Textual footnotes.
12
THEProcess
PROCESS
OF SCHOLARLY
The
of Scholarly
WRITING
Writing
See handout
13
Inspiration: Choosing a
Subject & Developing a Claim
1. Choose and narrow your Subject
2. Find a Claim
Next Week….
• Test Your Claim
• Preemption Check
CHOOSE A SUBJECT
What are you interested in?
15
What do you have experience in?
Ask a professor, judge, or practicing
Attorney for an idea.
16
Try Reading…
1.
2.
3.
4.
Legal writing competition topics*
Newspapers & legal newspapers
Westlaw Highlights & Lexis Hot Topics*
Annual survey issues published in many
law reviews
5. Editors’ notes in casebooks
6. Law review articles mention related
unresolved issues in the conclusion or in
footnotes
7. Law blogs
17
NARROW YOUR SUBJECT
Think narrow & deep,
not broad & shallow
Why?
1. To be original: So much has already been
written that comments on general trends or
overviews of entire areas of law are usually
redundant.
2. This makes your research & writing more
manageable!
18
How to Narrow Your Subject
•
Determine which of the 10 subcategories of scholarly writing to fit into.
19
Use your imagination like a zoom lens.
Micro view
Medium view
Macro view
20
Categories of argument from Aristotle’s
Rhetoric:
• Definition
• Comparison
• Causation
• Substantiation
21
Ask a series of questions:
1. How can the subject be defined?
2. Is this a new subject?
3. Can the subject be divided into parts or
aspects?
4. Can the parts be grouped in any way?
5. Are there analogous subjects?’
6. What are the advantages of this subject or
aspect?
7. What are the defects in this subject or aspect?
22
Ask a series of questions (cont’d):
8. What other disciplines deal with the subject
and to what end?
9. Is there controversy concerning terminology?
10. Are there disputes concerning theory?
11. Is a definitive solution possible?
12. What future events might affect the subject?
13. Who is affected?
14. Is the subject affected by political or public
pressure or vested interest?
15. Who is interested in the subject?
23
FIND A CLAIM
Claim = Your original analysis of the legal
problem and proposed solution.
It is enough to “find one point, one new
insight, one new way of looking at a piece
of law, and organize your entire article
around that. One insight … is all you
need.”
24
Characteristics of a Good Claim
1. Original =
• Adds something to the body of literature
on the topic.
• Not enough that you came
up with idea on own.
25
You don’t have
to be Einstein
to find an
original claim.
26
Characteristics of a Good Claim
(cont’d)
2. Important = not trivial, not obvious,
useful.
3. Timely = new & emerging issue or fresh
look at old problem.
4. Sound
27
Find Your Claim by a Critical
Reading of the Literature on Your
Subject
Ask questions as you read:
1. What is the text’s thesis?
2. What are the problems the author
identifies? (Bias? Over-simplified? Are
there other ways to characterize the
problem?)
3. Are the facts presented accurately? Does
the author characterize authority properly?
28
4. Is the author’s reasoning clear and logical?
(Does the author have an unstated reason for
his position? Could other arguments be
made?)
5. Does the author make questionable
assumptions?
6. Are the author’s conclusions justified by the
evidence? What other conclusions could be
reached?
7. Does the author respond to potential counteranalyses?
8. If the author’s solution is adopted, what are
29
the likely consequences?
Read for Argument Type:
Argument from
Precedent:
Precedent must be
followed; the material
facts are identical.
Counter-Argument:
• The material facts are
different.
• Precedent should be
overruled.
The situation is not
sufficiently analogous
Precedent should be
extended from an
analogous situation.
There are two competing Line B is better.
lines of precedent. Line A
is better.
30
Interpretive Argument: Counter-Argument:
The plain meaning of
the statute should be
applied.
• The statute is
ambiguous.
• The plain meaning
conflicts with
legislative intent or
creates an absurd
result.
• The language must
be read in context.
31
Normative Argument:
Morality requires this
result.
Good social policy
requires this result.
Economic concerns
support this result.
Justice between the
parties justifies this
result.
Counter-Argument:
The result is not moral.
• Society will not
benefit.
• The harm will
outweigh the benefit.
Economic concerns do
not support this result.
Justice between the
parties requires the
opposite result.
32
Institutional Argument:
Courts are best-equipped to
make this type of decision.
This is an area where the state
is free to make law.
This rule would “open the
floodgates”
Courts/juries have difficulty
with this vague standard.
This is a bright-line rule, easy
to apply.
This rule creates a “slippery
slope.”
Counter-Argument:
No, the legislature is.
Federal law preempts state
law.
• Few litigants could invoke
this rule.
• Gates already open.
• There can’t be too much
justice.
Courts/juries use standards
like this all the time.
• The rule is inflexible.
• Draw the line elsewhere.
The rule is narrow and precise.
33
Read for Jurisprudence: imagine how
different approaches would affect the
outcome:
1. Law and Economics
2. Formalism
3. Legal Realism
4. Legal Process
5. Fundamental Rights
6. Critical Legal Studies
7. Feminist Jurisprudence
34
Probe the Context
• Examine the Legal Context:
– Legislation: Look at
• Purpose of statute.
• Predecessor statute.
• Other legislative activity on subject.
– Court decisions:
• Look at lower court decisions.
• Compare your case to other cases raising
analogous issues.
• Probe the Broader Context: Do history, sociology,
economics, psychology, etc. illuminate the subject?35
Reading Journal
Sample
Citation to source in
Bluebook format
Summary of important
parts of source with
pincites.
......
......
Your reactions from
critically reading the
text, plus your questions
and ideas for your thesis
......
......
36
Tips for Your Reading Journal
a. In your summary of the source, use
quotation marks for 7+ words from the
author or for memorable language.
(Helps avoid accidental plagiarism).
b. Arrange your reading journal entries by
type of source (e.g., statutes, cases, law
reviews) or issue.
37
Class 2
• Inspiration: Choosing a Subject
& Developing a Claim (cont’d)
• Initial Proposal
• Research Strategy
38
Inspiration: Choosing a
Subject & Developing a
Claim (cont’d)
Last Week:
• Choose and narrow your Subject
• Find a Claim
This Week:
• Test Your Proposed Solution for Soundness
• Preemption Check to Ensure Originality
39
What Makes a Proposed Solution
“Sound”?
1. Specific, not “mushy”
2. Discuss both the substance and
procedure of your proposed solution
3. Consider the political feasibility of your
proposed solution
40
TEST YOUR PROPOSED SOLUTION FOR
SOUNDNESS
1. Develop a “test suite” of hypotheticals to
analyze the soundness of your proposed
solution.
Example: You propose a statute requiring eviction
of tenants in publicly subsidized housing if “the
tenant or a guest engages in any drug-related
activity in the apartment.”
41
Hypothetical A:
Old lady evicted b/c her grandson smoked
marijuana in the apt. She was unconscious
in hospital at time so couldn’t have known.
42
Hypothetical B:
Conscientious mother finds out her son is
using drugs. Does everything possible to
make him stop—call police, get drug
counseling, confronts him, etc.
43
Hypothetical C:
Man suspects his sister, who lives with him,
sells drugs from the apt. He doesn’t want to
get involved, so every day, he stays in his
room.
44
TEST YOUR PROPOSED SOLUTION FOR
SOUNDNESS (cont’d)
2. Use “critical reading” techniques to
analyze your own claim.
45
PREEMPTION CHECK TO
ENSURE ORIGINALITY
• Look at the articles, books, and cases on
your subject to make certain nobody else
has already given thorough and thoughtful
treatment to the claim you intend to make.
46
Initial Proposal
•
•
•
•
•
State your claim
Describe the existing commentary
Statement of originality
Mentor
Progress report
47
1.Your Claim:
Hazardous waste dumps are disproportionately located
in neighborhoods occupied by racial minorities. Under
current law, there is no feasible way for affected
minorities to sue for racial discrimination. The reason is
that the constitutional doctrine of equal protection
requires proof that the defendant’s action was taken
with intent to discriminate on the basis of race. [Cite
case]. However, in decisions regarding the location of
hazardous waste dumps, usually there is no racist
intent or such intent is exceedingly difficult to prove. To
provide relief to affected minorities, a federal statute
should be enacted that allows plaintiffs to prevail on a
claim of discrimination either by showing racist intent in
the decision of the site for a hazardous waste dump
or by showing that there is already a disproportionate
number of hazardous waste dumps in the proposed
48
location.
2. Describe the Existing Commentary:
a. Commission for Racial Justice, United Church of Christ,
Toxic Wastes and Race in the United States … : This report
describes how minorities are disproportionately affected by
toxic waste.
b. Target of Toxins: Poor communities charge 'environmental
racism,' USA Today … : This story covers a national summit on
the topic of environmental racism.
c. Lawrence S. Bacow & James R. Milkey, Overcoming Local
Opposition to Hazardous Waste Facilities: The Massachusetts
Approach, 6 Har. Envtl. L. Rev. …: This article proposes a
method to compensate neighborhoods for the harm done to
them when toxic waste dumps are located there.
49
3. Statement of Originality
50
My claim is original because it proposes a novel solution—
a statutory amendment—to the problem of
disproportionately siting toxic waste dumps in minority
neighborhoods.
My claim is distinguishable from [cite law review article] that
discusses how constitutional equal protection claims may
be a remedy for minority neighborhoods where toxic dumps
are located.
My claim is also different than the claim made in Bacow
and James R. Milkey’s article that any neighborhood where
a toxic waste dump is cited should be compensated.
My claim does use as background the facts found in
several publications, such as the USA Today story and the
United Church of Christ report, that discuss the problem of
environmental racism.
51
4. Mentor
5. Progress report (discussed below)
52
Research Strategy
Gathering Info
Assimilating Info
53
Gathering Info
1.
2.
3.
4.
5.
6.
7.
8.
9.
Get the Big Picture
Find a Research Guide
Be Thorough with the Details
Be Accurate
Stay Current
Ask Someone
Be a Savvy Internet User
Factual Research is Key
When Do I Stop?
54
1. Get the Big Picture
• Once you’ve identified your general topic,
read a short book on it—e.g., Foundation’s
Concepts and Insights, West’s Nutshells,
Matthew Bender’s Understanding series.
• Goals:
– Understand the field.
– Be able to draw on principles that arise in
areas within the field unrelated to your topic.
55
• Also, early on review a treatise in the area.
– Find it in the library, on Lexis, or in Google
Books.
• Then look at law review articles, other
secondary sources. They will give you a good
guide to the statutes, cases, and other primary
authorities.
56
2. Find a Research Guide
• aka “Pathfinder”
• On many U.S. law school law libraries websites . E.g.:
Seattle University School of Law’s “Starting Points
Research Guides”:
http://www.law.seattleu.edu/library/research/startingpoint
s?static-page=yes
• Google search: “research guide” and “administrative law”
• LLRX.com “International Law Guides” and “Pathfinders”
• “Globalex” (NYU): International, comparative, and
foreign research guides.
57
3. Be Thorough with the Details
• Goals:
– Be thorough to be comprehensive and accurate.
– Be thorough to be certain your claim hasn’t been
preempted.
58
• “Legal Resource Index”: Index of 900 law
journals, law newspapers, and specialty
publications in the U.S. and Britain.
Covers 1977-now. Updated weekly.
59
60
Sample from Legal Research Index
AUTH: Perkins, Jared
TITL: Habeas corpus in the war against terrorism:
citizen enemy combatants
REFR: BYU Journal of Public Law 19 2 437-471
(FALL, 2005)
LCIT: Hamdi v. Rumsfeld 124 S. Ct. 2633 (2004)
TERM: War on Terrorism; Habeas corpus;
Detention of persons Combatants and
noncombatants
61
• Look at the Social Science Research
Network (www.ssrn.com) for unpublished
articles, i.e. “working papers.”
62
4. Be Accurate
Compare: Journalism—Credibility is a
journalist’s most important asset, and
accuracy is the best way to protect it. To
ensure accuracy, reporters must check
and double-check all of the information
they collect for a news story.
63
5. Stay Current
1. Look for the most recent article or case first
2. “Shepardize”
64
“Shepardizing”
Shepard’s Citations allows a researcher to:
1. Check whether an article in LEXIS has
been cited in any further articles or cases.
2. More…
65
Sample Shepard’s Results
66
6. Ask Someone
• To find the recent article or case, ask a
professor, lawyer, or judge who works in the
area.
67
7. Be a Savvy Internet User
• When using search engines (Google, Baidu,
etc.), remember: All information is not created
equal—websites don’t necessarily have an
editing process like treatises and law reviews.
• Learn the rules of search (e.g., how to limit
search to .edu or .gov sites, search for exact
phrase, search for two terms, exclude a term,
etc.)
68
Compare: Journalism: Whatever sources you use
to research the background of a story, it’s critical to
consider the validity and the credibility of the
source:
1. How does the source know what he knows?
2. How can I confirm this information through
other sources?
3. How representative is the source’s point of
view?
4. Has the source been reliable and credible in
the past?
5. What is the source’s motive for providing the
information?
69
8. Factual Research is Key
70
9. When Do I Stop?
Lots of factors and no
easy answers...but...
• When the costs outweigh
the benefits
• When you keep finding
the same sources
• When you find the
answer
• When you run out of time
71
Click on the speaker icon in
the upper left corner of each
slide to listen to the lecture.
Class 3
Research Strategy (cont’d)
72
Review: Gathering Info
1.
2.
3.
4.
5.
6.
7.
8.
Get the Big Picture
Find a Research Guide
Be Thorough with the Details
Be Accurate
Stay Current
Ask Someone
Be a Savvy Internet User
When Do I Stop?
73
Assimilating Info
1. Pre-reading
2. Keep a reading journal (previously
discussed)
3. Keep copies of sources.
4. Keep a progress report
74
1. Pre-Reading
•
•
•
Read 1st paragraph, table of contents (or
headings), last paragraph.
Then focus on those parts relevant to you.
Skim or skip other parts.
75
2. Keep a Reading Journal
76
3. Keep Copies
Keep copies of any sources you will cite so
you can look back at them.
Don’t need copies of whole book or article,
only relevant sections.
77
4. Keep a Progress Report
What Is It?
See the
“Progress Report Instructions and Sample”
on the class website.
78
What Research Progress Is Expected
in Your Initial Proposal?
See the
Initial Proposal assignment
on the class website.
79
Questions?
Call me or send an email or post a
question on the class website.
80
Class 4
Researching U.S. Law
See PPTs:
U.S. Law--Sources & Hierarchy
81
Interviews
1.
2.
3.
4.
Setting up the interview isn’t always easy. People may
not want to talk with a law student, especially if the
story is controversial.
Interviews can be in-person or by phone.
When dealing with public officials, start from the
premise that the public has a right to know what
officials are doing.
How to deal with excuses:
a.
b.
c.
d.
Thy don’t have time.
They’re afraid because they think the story will make them
look bad.
They don’t know what to say.
They are hard to reach.
82
Class 5
Researching Chinese Law
83
How to PRC Legal Research
By Prof. Li Xiaohui
and Prof. Wang Wenhua
Beijing Foreign Studies Univ.
Nov. 2006
84
• 一、法律渊源
（Sources of Law in China)
• 二、怎样寻找法律文献资源
(How to find the legal resources)
• 三、如何确认法律渊源的效力
How to check the validity of a law
85
一、法律渊源
（Sources of Law in China)
1. 首要渊源或正式渊源（Primary sources of law ）
• 制定法Code law (statutes)
• 法律解释Legal interpretation
• 条约和国际惯例International treaties and customs
2.次要渊源或非正式渊源（Secondary sources of law)
• 判例 Cases
• 学理 Doctrine
• 习惯法 Customary law
• 法律原则 Legal principles
86
1.首要渊源或正式渊源（Primary sources of
law）
• 制定法Code law (statute law)
宪法 Constitution——NPC
法律 Law(basic laws and other
laws)—NPC、SCNPC
Basic laws: law of civil procedure, law of
criminal procedure, general rules of civil
law, criminal law ……
Other laws: securities law, trademark law,
labor law, grassland law ……
87
行政法规Administrative regulations—State
Council
国务院关于股份有限公司境内上市外资股的规定
(Regulations of the State Council on
Foreign Capital Stocks Listed in China by
Joint-stock Companies---1995-12-25
国务院关于进一步整顿和规范期货市场的通知
(Circular of the State Council Concerning
the Further Consolidation and
Standardization of Futures Markets---19988-1
88
部门规章ministerial rules—28 ministries
and commissions
• 汽车金融公司管理办法(Administrative Rules
Governing the Auto Financing Company-2003-10-3)
• 中华人民共和国中外合作办学条例(Regulations
of the People’s Republic of China on
Chinese Foreign Cooperation in Running
Schools –2003-3-1)
• 中华人民共和国商标法实施条例 (Implementing
Regulations of the Trademark Law of the
People's Republic of China--2002-8-3)
89
地方性法规 Local regulations—
Legislatures of provinces and relatively
large cities
上海市村民委员会选举办法 (Procedures of
Shanghai Municipality on the Election of the
Villagers' Committee---1999-6-1 )
地方性规章local rules—Governments of
provinces and relatively large cities
上海市营业性危险货物道路运输管理办法
(Procedures of Shanghai Municipality on the
Administration of Road Transportation of
Dangerous Goods of a Business Nature---2003- 90
2-8)
• 民族自治地方的自治条例和单行条例
Autonomous regulations－
Legislatures of autonomous
• 经济特区法规和规章 Special
economic zone regulations &
rules—Legislatures and
governments of SEZs
• 军事法规和规章 Military regulations
and rules－Central Military
Commission & its departments
• 特别行政区立法 Special
administration region laws
&regulations －SAR legislature
91
法律解释 Legal interpretation
立法解释 Legislative Interpretation － NPC /
SCNPA
全国人民代表大会常务委员会关于《中华人民共和国国籍法》
在澳门特别行政区实施的几个问题的解释
(Interpretations of the Standing Committee of the
National People’s Congress Concerning Questions on
the Implementation of the Nationality Law of the
People’s Republic of China in the Macao Special
Administrative Region---1998-12-29)
全国人民代表大会常务委员会关于补选出缺的香港特别行政区
第九届全国人民代表大会代表的决定 (Decision of the
Standing Committee of the National People’s Congress
on by-Election to Fill the Vacancies of Delegates to
the 9th National People’s Congress from the Hong
Kong Special Administrative Region---1998-10-26)
92
行政解释administrative interpretation—
Administrative departments that have
the right to make laws
司法解释judicial interpretation —
SPC/SPP
关于适用《中华人民共和国合同法》若干问题的
解释（一）(The Supreme People's Court's
Interpretations of Certain Issues
Concerning the Application of The Contract
Law---1999-12-1)
93
条约和国际惯例international treaties
and customs
• 中华人民共和国政府与美利坚合众国政府关
于在中国实施美国志愿者项目的协议
(AGREEMENT BETWEEN THE GOVERNMENT OF
THE UNITED STATES OF AMERICA AND THE
GOVERNMENT OF THE PEOPLE'S REPUBLIC OF
CHINA CONCERNING THE UNITED STATES
VOLUNTEER PROGRAM IN CHINA---1998-6-29)
• 装运前检验协定(Agreement on Preshipment Inspection---1994-4-15)
94
2.次要渊源或非正式渊源（Secondary
Authority)
• 判例 Cases organized and
published by the Supreme court
and the Supreme People’s
Procuratorate
• 学理 Doctrine in academic articles
and books
• 习惯法 Customary law
• 法律原则 Legal principles
95
二、怎样寻找法律文献资源
(How to find legal resources)
• 1.Code law
书籍Through books or journals
• 年鉴 year book（There are more than 20
yearbooks about law in China today, such
as《中国法律年鉴》Law yearbook of
China－English version，《人民法院年鉴》
Yearbook of the People’s Courts）
96
• Example:《中国法律年鉴》 Law Yearbook of
China （2003—2004）reflects the situation of
2003. Its Special Record includes work
reports from SCNPC /government/SPC/SPP,
the White books and other important
documents published by state organs. It
includes all laws enacted by SPC and SCSPC
in 2002—2003，all important administrative
regulations and rules，the catalog of
ministerial rules, local regulations and rules，
international treaties which China entered
into. The part of Development of Legal
Studies reflects the fruits of some legal
branches studies. You can find some
statistical data and an index of law books and97
journals in it too.
• 法规汇编 legislative series
There are all kinds of legislative series in
bookstores ,such as Chinese legislative
series (2004),Labor Law and regulations……
• 手册/指南handbook /guide book
Similar to legislative series
• Some guide book for judges to deal with
special cases may be useful, such as Guide
book for Civil Litigation民事诉讼办案手册.
• 公报 gazette
• 中华人民共和国最高人民检察院公报》 Communique of
the Supreme People’s Procuratorate of the People’s
Republic of China
• 中 华 人 民 共 和 国 最 高 人 民 法 院 公 报 》 Gazette of the
Supreme People’s Court of the People’s Republic of
China
• 中华人民共和国全国人民代表大会常委会公报》 Gazette
of the SNPC of the PRC
98
• 电子信息手段 Resources Online and CDRom
• 光盘数据库 CD-Rom database
中国法律法规数据库
(Data Base of Chinese Law and Regulation)
• 网络数据库database on website
中国法律资源库Legal Database
http://www.lawyer.ln.cn/
中国政府法制信息网China Legislative information
network system
http://www.chinalaw.gov.cn/
北大法律信息网Peking University law information
www.chinaLawinfo.com (link on BFSU library
website)
99
• 中国人大网 http://www.npc.gov.cn
• You can get newest and entire information
of legislation in China. Some documents on
the website are about legislative history.
And through the section on “Laws and
Regulations of China,” you can get more
documents from E-mail.
100
2. Cases 判例
• 中华人民共和国最高人民检察院公报》
Communique of the Supreme People’s
Procuratorate of the People’s republic of
China
• 中华人民共和国最高人民法院公报》Gazette of
the Supreme People’s Court of the People’s
Republic of China
• 中华人民共和国全国人民代表大会常委会公报》
Gazette of the SNPC of the PRC
• 或者适用法律数据库 or use legal
101
3. 学理 Doctrine
Through monographs专著 by famous
professors
or books by reputable publishing houses,
such as法律出版社 Law Press, 中国政法大学出
版社the Press of China Politics and law
University.
《中国图书分类法细目》(the Classification of
books of China)
Ｄ 政治、法律（D0-D9; D8 外交、国际关系
102
• Academic Journals法学杂志
目前中国共有中文法律类核心期刊２１种
About 21 core law journals in China
today
• 中外法学 Peking University Law Review
• 法学评论 Law Review
• 法学家 Jurists Review
103
• 期刊查阅方法：
• 全国报刊索引》哲学社会科学版
The Index of National newspapers and journals
Philosophy and Social Science Version－a
monthly edited and published by Shanghai
Library )
• 报刊资料索引》（the Yearbook of Index of
newspapers and journals published in Renmin
University Copy Resources)
• 人大复印资料》(Renmin University Copy
Resources)
• 中国期刊网
• http://www.chinajournal.net.cn（Link on BFSU
Library website)
104
四、怎样展开法律研究
(How
to check the validity of
laws
• 1.新法优于旧法 new laws have
precedence over old ones
• 2.特别法优于普通法particular laws have
precedence over general ones
• 3.上位法优于下位法According to the
hierarchy of law
• 4. 正式渊源优于非正式渊源 Primary
sources of law have precedence over
secondary authorities
105
Class 6
Format of the Thesis,
Outlining
106
107
108
Outlining Assignment
See Assignment
109
Format of the Thesis
Four-part structure:
• Introduction
• Background (factual & legal)
• Analysis
• Conclusion
110
Introduction
Purposes:
1. Persuade reader to read on.
2. To provide a summary for the busy reader
who won’t read on.
111
Format
1. State claim—describing the legal problem &
proposed legal solution. (Also give minimal
factual & legal background info so your claim is
understandable & compelling.
2. Give concrete example or anecdote.
3. Explain why your claim is original, important,
timely.
4. Roadmap to the paper.
112
Part II of this Article provides a
background for the topic, defining plagiarism,
discussing the common-place nature of the
offense, and giving an overview of how
plagiarism is handled in various academic
and professional contexts. Part III sets forth
the framework of a typical plagiarism
investigation, using a plagiarism investigation
at Northern Kentucky University as an
example. Part IV discusses the why the
courts’ de novo standard of review of
plagiarism cases is problematic. Part V
argues for limited judicial review of
administrative findings of plagiarism.
113
Background
Purpose: Provide sufficient factual and legal
background for any law-educated reader to
understand your analysis.
Cover both:
1. Factual background: From newspapers, studies,
reports, government statistics, etc.
2. Law:
a. No history lesson unless important to your
claim.
b. When describing trends in the courts or a
common law, synthesize--don’t summarize
cases.
114
Comparison: Like a journalist, in writing the
factual background, consider the “5 W’s
and one H”: who, what, where, when,
why, and how.
Who:
1. Who is involved in this story?
2. Who is affected by it?
3. Who is missing from this story?
4. Who is in conflict in this story?
5. Who else should I talk to about this?
115
What:
1. What happened?
2. What is the point of this story?
3. What does the reader need to know to
understand this story?
4. What surprised me?
5. What is the most important single fact I
learned?
6. What is the history here? What happens
next?
116
Where:
1. Where did this happen?
2. Where else should I go to get the full
story?
When:
1. When did this happen?
2. When did the turning points occur in this
story?
117
Why:
1. Why is this happening? Is it an isolated
case or part of a trend?
2. Why are people behaving the way they
are? What are their motives?
3. Why does this story matter? Why should
anyone read it?
118
How:
1. How did this happen?
2. How will things be different because of
what has happened?
3. How will this story help the reader?
4. How did I get this information? Is the
attribution clear?
5. How would someone describe this story
to a friend?
119
Analysis
Prove your claim:
1. Analysis of your original claim must be
“meat” of your thesis.
2. Proof means a presentation of factual
evidence and persuasive legal analysis.
120
Problem-Solution Pattern
1. Describe legal problem.
2. Describe proposed solution.
3. Demonstrate how proposed solution
solves problem.
121
1. Describe the Legal Problem:
a. E.g., ambiguity or gap in law, law out of date,
problem with legal institution (e.g., courts not
independent because depend on legislature for
funding, law schools don’t teach sufficient
practical lawyering skills), etc.
b. Not mere description of factual problem laws
designed to avoid (e.g., crime victims suffering;
patents being infringed), but legal problem.
122
c. Use examples from your test suite to illustrate
the legal problem.
d. Use facts, studies, reports, your investigation
to describe the legal problem
d. Cite those who think there’s no problem or
define the problem differently. Give a counteranalysis.
123
2. Describe the Proposed Solution. Be specific:
a. If the law should be changed, (i) explain
specifically what the new law should say, (ii)
explain the procedural rules necessary to
make it work properly (e.g., evidentiary rules).
b. If changes to administration of the law are
necessary, explain what agency should
enforce it, what their responsibilities should be,
how it should be funded.
c. If a jail sentence should be imposed, explain
the sentencing range and what factors should
determine where on the range any case lies.
124
Analysis: Describe the Proposed Solution—Make
sure the solution is tailored to the problem. E.g.:
• Problem: Many college students use credit cards
irresponsibly, accumulating huge debts they are
unable to repay by the time the graduate from
college.
• Solution: Credit card companies need to be
prohibited from distributing misleading
promotional materials to students.
125
Demonstrate how your proposal solves problem:
a. Advantages & disadvantages of your solution.
b. Compare your solutions to other solutions
(from other scholars or from your own
imagination).
c. Make all the appropriate argument types:
arguments from precedent, interpretive
arguments, normative arguments, institutional
arguments. Answer the counter-analyses.
d. Consider what various schools of
jurisprudence (e.g., law and economics,
feminist jurisprudence, etc.) would/have said
about the solution.
126
e. Probe the broader context: What would/have
other fields, such as history, sociology,
economics, political science, etc., said about the
proposed solution.
127
e. Show how the solution would apply to
examples from your test suite. E.g.:
Applying the proposed Act to the facts of East Bibb
Twiggs Neighborhood Assn. v. Macon-Bibb County
Planning & Zoning Commission illustrates how this
proposed rule would work. In East Bibb Twiggs, the
plaintiffs proved that the site would have a greater impact
on the black population than on the white population. The
plaintiffs introduced evidence that undesirable land uses
have been located historically in black neighborhoods.
Assuming that the evidence was persuasive and the court
found that this community was overburdened by
environmental hazards, the burden of proof would then
shift to the Commission to establish "environmental
necessity." The court would look at the impact of the site,
consider the environmental suitability of alternative sites,
and base its decision on elements of equity and safety.128
Don’t Ignore Adverse Authorities
and Arguments
a. Acknowledge the adverse authority or
argument.
b. Explain why it should be rejected =
counter-analysis.
129
Connect to Other Issues
Broader Academic
Debate
Parallel Area
Your Claim
130
Conclusion
Parts:
• Summarize claim & important subsidiary
conclusions. Keep it brief.
• May suggest areas for further research.
131
Questions?
132
Class 7
Footnotes and the
Ethical Use of Borrowed
Materials
133
Remember to
Buy Milk
134
The academic legal writer’s
prayer:
Oh, Lord:
May my text be clear.
May my footnotes be many.
May my analysis be original.
135
“Encountering [a FN] is like going
downstairs to answer the doorbell while
making love.”
-- Elizabeth Fajans and Mary R. Falk,
Scholarly Writing for Law Students 98 (3d
ed. 2005), quoting Noel Coward.
136
Why Use FNs in Scholarly Writing?
Three primary
functions:
• Authority.
• Attribution
• Textual FN to discuss
marginal issues.
137
Authority
You must include an authority footnote to support
every proposition of law in your text except if you
are making an original argument.
Example 1: Police must inform suspects in custody
of their constitutional rights before questioning
them.22
----------22
Miranda v. Arizona, 384 U.S. 436 (1966).
138
Example 2: Lower courts have taken different
approaches to requiring Miranda warnings for
subjects already in prison.22
----------------------22 Compare Smith v. Texas, 123 F.3d 812 (2d
Cir. 1988) (Miranda warnings required) with
Sanchez v. Lawrence, 234 F.3d 567 (3d Cir.
1999) (Miranda warnings not required).
139
You must include an authority footnote to
support every proposition of fact in your text.
Example: China has over twenty million
privately-owned cars.24
----------
24China’s
Car Culture, People’s Daily Online,
Feb. 28, 2007, at
http://www.peopledaily.com/12345.htm.
140
Don’t quote the source “out of context” or otherwise
create an inaccurate or misleading impression of
the source you cite.
Bush campaign chairman: Kerry thinks that the war
on terrorism is like a “nuisance.”
Kerry: ''We have to get back to the place we were,
where terrorists are not the focus of our lives, but
they're a nuisance…. [W]e're never going to end
[terrorism]…. But we're going to reduce it … to a
level where it isn't on the rise. It isn't threatening
people's lives every day, and fundamentally, it's
something that you continue to fight, but it's not
threatening the fabric of your life.''
141
Choose authoritative authority:
Wrong: In the United States, “separation of investigation
and adjudication” is required by the Administrative
Procedure Act. Yang Tao, A Comparative Study of
Administrative Law, 5 Modern L. Rev. 555, 556 (2005).
Actual Statute Doesn’t Use Those Words: The
administrative law judge presiding over a hearing on the
record must not be supervised by or responsible to “an
employee or agent engaged in the performance of
investigative or prosecuting functions for an agency.” 5
U.S.C. 554(d) (2007).
What went wrong? Reliance on intermediate resources
rather than on original source.
142
Attribution
Example: The best solution to the problem of
whether prisoners have a right to Miranda
warnings is to require them only for inmates
upon whom official suspicion has focused.22
-------------22 Steve Finzio, Miranda’s Role in Prison
Crimes, 59 U. Chi. L. Rev. 719 (1992).
Rationale: If you borrowed this idea from
another author and paraphrased his article, you
need a citation to give proper attribution.
143
• Scholarly papers
build upon &
advance ongoing
legal debates.
• So, reliance on
existing scholarly
commentary is
common &
expected.
• Attribution FNs
acknowledge
that.
144
Even unintentional failure to
provide attribution
• Disrespects the author
whose words or ideas you
borrow.
• Misrepresents to reader that
work is your own.
145
Rules for Attribution
1. Provide a footnote for ANY borrowed
language or ideas, whether quoted
or paraphrased.
2. Introduce borrowed material with
some reference to its source. E.g.:
“One recent commentator points out
that….”
146
3. When you borrow 7 or more consecutive
words, use quotation marks.
– Where the wording is distinctive, use
quotation marks for even a single word.
147
4. Put borrowed text of 50 words or
more in an indented, single-spaced
block quote (no quotation marks).
–Bluebook Rule 5.1.
According to Professor Keller, who has emphasized blah blah
there is more to blah blah:
Blah blah blah blah blah blah blah blah blah
Blah blah blah blah blah blah blah blah blah
Blah blah blah blah blah blah blah blah blah
Blah blah blah blah blah blah blah blah blah12
This view is shared by many from the law and economics and
blah school…..
148
5. If you read Source A that cites Source B, then cite
both.
For e.g., if you read this in an article by Yang Tao: The
Administrative Procedure Act requires separation of
investigation and adjudication functions.
Then check the original source (the statute) for yourself,
and then cite to both: The Administrative Procedure Act
generally prohibits supervision of an administrative law
judge by an official involved in the agency’s investigation
or prosecution functions.24
--------------------24 5 U.S.C. 554(d) (2007), discussed in Yang Tao, A
Comparative Study of Administrative Law, 5 Modern L.
Rev. 555, 559 (2005).
149
Textual FNs
Example: One federal court has taken the position
that prisoners only have a right to counsel once an
official criminal investigation has been initiated.22
-------22 State v. Bird, 323 F.2d 91 (S.D.N.Y. 1992). Spain
also guarantees prisoner access to defense
lawyers only after an official criminal investigation
has been initiated. C.P. § 667.
Rationale: If you want to make a point of only
marginal importance to your claim, you might put it
in a textual FN.
150
For example:
1. Provide an illustration of a point made
in the text.
2. Define a term used in the text.
3. Clarify or qualify an assertion made in
the text.
4. Raise a potential complication.
5. Quote language paraphrased in the
text.
151
Hybrid: The Parenthetical
Example:
24
Smith v. Jones, 100 U.S. 97, 100 (1933)
(examining the historical roots of the First
Amendment’s free press clause).
152
Introductory Signals
(Bluebook Rule 1.2)
(in Citation & Quotation PPTs on
lawandborder.com)
153
Signal Exercises
After Zhang was arrested, the New York News
proceeded to publish his name.35
--------------------35_____
Sam Waters, Investigation into the
Zhang Jinzhu Traffic Accident, New York News,
May 2, 1999, at 1, available at
http://www.nynews.net/8080.htm.
154
Some journalists argue that media should
reveal local wrongdoing when it suits
Party interests but remain silent if such
revelations could threaten stability. 22
--------22 E.g., Lu, Escape, supra, note 128.
_____ Yang, Public Opinion Supervision
Versus “Stability” Work, supra, note 129
(mocking media restrictions for purposes
of maintaining stability).
155
Although they lack legally prescribed roles,
China’s mass work offices, in some
respects, serve in a position similar to a
state ombudsman in other nations—in
particular in Scandinavia—with broad
powers to investigate citizens’ complaints.43
------------43 ____1 William Wade et al., Administrative
Law: The Problem of Justice, 353–60 (1991)
(discussing role of ombudsman in Sweden).
156
There has been significant criticism in China of the
media’s continued close ties to the Party-state.22
------------------------------------------22 _____ Chen Yuru, Jinyou Caifang Quan Shi Bugou
De [Just Having the Right to Report Is Not Enough],
Fazhi Ribao Wangluo Ban [Legal Daily Online], May 14,
2001, at http://www.legaldaily.com.cn/17551.htm
(contending that media have grown from being
exclusively propaganda instruments to organizations
having a range of roles in society).
157
See Handout—Fajans & Falk
Exercise 6.1
158
Class 8
Using Evidence Correctly
159
Feedback on the Thesis Outlines
Main points to focus on:
•
•
•
•
Claim not yet clear.
Originality not explained clearly.
Shallow description of legal problem.
Shallow description of proposed solution.
160
1. Claim not yet clear.
• Legal Problem: Many college students use
credit cards irresponsibly, accumulating
huge debts they are unable to repay by
the time the graduate from college.
• Solution: Credit card companies need to
be prohibited from distributing misleading
promotional materials to students.
161
2. Originality not explained clearly.
• While scholars have analyzed the problems of
X12 and Y13, this article is the first to analyze Z.
• While scholars have proposed X12 and Y13, this
article is the first to propose Z.
• While scholars have analyzed the problem
[solution] from the perspectives of X12 and Y12,
this article is the first to analyze it from the
perspective of Z.
162
This claim is original because it
covers both jurisprudence and
practical levels with more detailed,
practical, systematic plans for the
establishment of system of “VictimOffender Mediation.”
163
Using Evidence Correctly
Find the original source, rather than trusting
intermediate sources.
1. Legal sources
2. Be cautious about lawyers’ versions of
history, economics, and other disciplines.
3. Websites.
164
The Xinfang system has led to an increase of
mass petitions and political radicalism in recent
years. According to a Chinese Academy of Social
Sciences survey asking 632 Beijing petitioners
what their reactions would be if they were not
satisfied with the result of petitioning, 70.2% said
they would organize the masses to negotiate
directly with the government while 53.6% would do
something to frighten the cadres.1
-------
1 Yu
Jianrong, Xinfang zhidu diaocha ji gaige silu
[A Survey of the Xinfang System and Thoughts on
Reform], in 2005 Nian: Shehui Xingshi Fenxi Yu
Yuce [2005 Analysis And Forecast On China’s
Social Development] 212 (2005).
165
4. Newspapers
•
Journalists are usually generalists w/tight
deadlines.
166
China Daily on negotiations for China to
grant Approved Destination Status (ADS) to
the U.S.. If a country lacks ADS, China
forbids travel agencies from advertising
tourism to those countries:
“To date China has signed ADS travel
agreements with 86 countries and regions
worldwide, including Germany, South Korea
and United Kingdom, all of whom can now
offer Chinese travelers tourism visas.”
167
People’s Daily:
The ADS system simplifies visa application
procedures for tourists. They can use
ordinary passports to apply for tourist visas if
they want to visit an approved country.
168
China Daily again:
“The number of Chinese tourists visiting the
U.S., however, has not [increased
substantially]. The main reason is that a
Chinese tourist can only visit the U.S. on a
business visa.”
169
5. Check studies you rely on.
•
•
Read with “skeptical eye.”
Search for criticisms of the study.
170
Avoid false synonyms
In 1905, New York outlawed possession of
guns by the foreign born.12
--------12 N.Y. Consolidated Laws § 1987.
171
Include all necessary qualifiers
Don’t write: The law prohibits shouting “fire”
in a crowded theater and causing a panic.
If you mean: The law prohibits falsely
shouting fire in a crowded theater and
causing a panic.
172
Use precise terms
Almost 1,000 children die each year due to
unintentional gunshot wounds.
173
Family violence seldom has witnesses. Also,
the victims always neglect evidence
collection.
174
No state organ has set up a compensation
fund, so when the state organ fulfills its
compensatory obligations, it has to appeal to
the local financial department for the
compensatory expenses.13
----------------------13 Rules on Administration of State
Compensation Fees, Article 7
175
Along with the success of the massively
multiplayer role-playing gaming industry in
Asia, online gaming-related crimes have
grown at an amazing rate. Most of the
criminal cases are related to virtual
properties since markets have developed for
the virtual properties giving them real world
values.12
------------12 [citing to a law review article focusing
solely on U.S. law].
176
Avoid terms likely to mislead
Guns produce a toll of 35,000 killed every
year and hundreds of thousands more
raped, robbed, and assaulted in firearmsrelated violence.
177
Be Wary of Surveys That Don’t Use
Random Samples
a. Biased samples.
b. Convenience samples.
c. Self-selected samples.
178
Good surveys:
a. Random sample
b. Typically have response rates of 70% or
higher.
c. Have a large enough number of
respondents to yield a small margin of
error. (1000 respondents has a 3% margin;
100 has a 10% margin).
179
Questions to Ask about Surveys
1.
Who did the poll? Is this a legitimate organization?
Who else do they poll for?
2. Who paid for the poll? What is their political agenda?
3. How many people were interviewed?
4. How were they selected?
5. What kinds of people were interviewed?
6. Are the results based on answers of all or some of
those polled?
7. When was the poll conducted?
8. How was the poll conducted?
9. What were the questions?
10. What was the margin of error? What were the raw
numbers?
11. Are the results different from other polls and, if so,
why?
180
Avoid errors in generalizing from the question
being asked in the survey
Survey question: The First Amendment says:
“Congress shall make no law respecting
establishment of religion or prohibiting the free
exercise thereof; or abridging the freedom of
speech….” Do you agree or disagree with the
following statement: The First Amendment goes
too far in the rights it guarantees.
Survey result: 90% agree.
181
Check surveys for assumptions, and make
your own assumptions explicit when you
rely on surveys:
a. Generalization over time and space.
182
b. Causation versus correlation.
“There are more guns in the U.S. than in the
U.K. There is more murder in the U.S. than
in the U.K. Thus, prevalence of guns causes
increase in murder.”
“There are more guns in rural U.S. than in
urban U.S. There is more murder in urban
U.S. Thus, prevalence of guns causes
decrease in murder.”
183
d. Generalizations from the measured
variable to the important variable.
Survey: increase in burglary arrests.
Conclusion: increase in burglary.
184
Example:
Survey: When U.K. enacted this ecommerce tax law in 1995, compliance
among e-businesses rose 25%.
Conclusion: China should enact the same
law.
What assumptions have you made?
185
Source-Checking Exercise
Volokh p. 179-180.
186
Class 9
Choosing a Memorable Title
More Organization Tips
Writing with Style
187
Another Look at the Academic
Legal Writing Timeline
• Writing as
communicating
your ideas to the
reader.
188
189
Writing is easy. You just sit at a typewriter
until blood appears on your forehead.
– Red Smith
190
191
• Her fragrant false statements amount to
perjury.
• The contract is effective on the date of
singing.
192
Choosing a Memorable Title
• Be descriptive—so researchers can
determine the topic at a glance.
• Be intriguing—motivate browsers to read
further.
• Memorable—so attention-grabbing that it
springs to mind years later.
193
• From Outlaws to In-Laws: Issues
Surrounding the Evolving Status of
Lesbian and Gay Individuals
• "She's Got Bette Davis's Eyes": Assessing
the Nonconsensual Removal of Cadaver
Organs Under the Takings and Due
Process Clauses
• An Obituary of the Federal Estate Tax
194
More Organization Tips
1. Paragraphing
a. Use a thesis or topic sentence.
b. Give each paragraph a unified
purpose.
c. Sentences should have a logical
sequence.
d. Break up overly long paragraphs.
e. Rewrite overly short paragraphs.
195
2. Headings & subheadings
3. More roadmaps
196
III. XINFANG REGULATIONS
This Part introduces the general
principles of xinfang regulations. This Part
also seeks to illustrate two broader points.
First, the xinfang system is a multipurpose
governance tool. Providing fair hearings for
individual citizen complaints in acocrdance
with established laws and regulations is but
one of many aims. Second, xinfang
channels for individual citizen complains
significantly overlap with formal legal
channels.
197
4. Show relationships between ideas,
sentences, and paragraphs.
a. Transitions
b. Dovetailing
c. Parallel sentence structure
198
Other regulations also impose obligations
on media to report truthfully and correct
mistakes. For print media, in the event of
incorrect or unfair reporting that causes harm,
the regulations obligate the media to publicly
correct such mistakes, eliminate their effects,
and assume civil liability.43 For newspapers and
magazines in particular, the regulations allow
parties harmed by incorrect or unfair reporting
either to draft their own replies or to require the
media to do so.44 For broadcast media, by
contrast, regulations require true and fair
reporting but do not impose an obligation to
correct mistakes or grant a right of reply.45
199
Other regulations also impose obligations
on media to report truthfully and correct
mistakes. For print media, in the event of
incorrect or unfair reporting that causes harm,
the regulations obligate the media to publicly
correct such mistakes, eliminate their effects,
and assume civil liability.43 For newspapers and
magazines in particular, the regulations allow
parties harmed by incorrect or unfair reporting
either to draft their own replies or to require the
media to do so.44 For broadcast media, by
contrast, regulations require true and fair
reporting but do not impose an obligation to
correct mistakes or grant a right of reply.45
200
Writing with Style
Use the
“Checklist for Grammar, Style,
Usage, and Punctuation”
to fix the following sentences.
201
A. Each of the students are
responsible for completing
homework on time.
B. The bittersweet flavor of youth – its
trials, its joys, its adventures, its
challenges – are not soon forgotten.
C. Either the pork or the chicken are
fine.
202
A. The court followed this rule when they
decided a similar case two years later.
B. The corporation stated that using
machines would make their production
more efficient.
203
A. In the court’s written decision, it was
said that he would have to leave the
United States.
B. Administrative monopoly is a special
product under Chinese society. It
means the government or the
ministries under it abuse the
administrative power to restrict
proprietors to into certain market.
204
The arrest of the suspect occurred
during the landing of the plane.
205
The bill was enacted following a bitter
debate between the pro-life and prochoice factions within the legislature.
206
A. The Supreme Court has given no
indication whether the right to
silence includes suspects’ refusal to
provide identification.
B. The sellers made a decision to
accept the buyer’s offer.
207
A. The defendant had a scar on his left
cheek that resembled a crescent moon.
B. While driving on Greenwood Avenue, a
tree began to fall toward Mr. Smith’s car.
C. Being beyond any doubt insane, the court
ordered the patient’s transfer to a state
mental hospital.
208
A. Ethel told Lucy that her pie was
wonderful.
B. The files arranged by the temporary
workers were out of order, so we sent
them back to the main office.
209
A. Not only was he a good swimmer
but also an excellent runner.
B. Reasonable efforts to maintain
secrecy include putting the recipe in
a locked office, storing parts of the
recipe in separate locations, and
confidentiality agreements.
210
A. The most commonly litigated issues
before the Court this year were abortion,
the commerce clause, and capital
punishment. Capital punishment was the
issue that divided the Court most bitterly.
B. The Court’s last decision of the term was
Reid v. Smith. The issue, which divided
the court most bitterly, was capital
punishment.
211
A. The committee decides whom
should be nominated for a judgeship.
B. The defendant, who they knew, was
convicted of fraud.
C. Is there no one whom they can
trust?
212
A. At the time when I met the
defendant, he was single.
B. The problem with respect to the
check is its date.
C. In order to shorten the document, I
deleted an argument.
213
A. It is also relevant that defendant is a
widower.
B. It would seem that proving fraud must be
difficult.
C. The fact that the defendant was young might
have influenced the jury.
D. It is clear that Smith misrepresented facts on
the witness stand.
214
After climbing the stairs to his
apartment, he was rather tired. His
physical condition had somewhat
deteriorated over the years.
215
A lawyer must not fail to keep a client’s
secret where the lawyer has not
received the client’s permission to
disclose the secret.
216
Legal argot found in and about a lawyer’s
writing has heretofore caused, resulted in,
and led to grievous injury with respect to
said lawyer’s readers, clients, and/or repute,
to wit: by compelling the aforesaid readers
to suffer confusion and/or consternation at
the expense of the aforementioned clients
and consequently rendering said repute to
become null, void, and nugatory.
217
Based on my above analysis, it is my
opinion that Bennett will probably not
be held liable for negligence.
218
A judge must try to put his personal
biases aside.
219
A. This amendment will perfect the law.
B. Victims of domestic violence never
preserve the necessary evidence.
C. It is obvious that this provision is
problematic.
220
A. The court held that “she was just
plain wrong.”
B. Was it wrong for her to have “eaten
the entire cake”?
221