Keith Mack
Writing a law review article, often referred to as a write-on, is a rigorous and competitive process that serves as a gateway to joining a law school’s prestigious law review journal. It typically involves crafting a comprehensive legal analysis on a specific topic, demonstrating not only a deep understanding of the law but also exceptional research, writing, and editing skills. The process usually begins with selecting a compelling and original topic, followed by extensive legal research and the drafting of a detailed, well-structured article. Successful write-ons often address gaps in existing legal scholarship, propose innovative solutions to legal problems, or critically analyze recent judicial decisions. Law schools may also require candidates to complete additional tasks, such as editing exercises or bluebooking tests, to evaluate their attention to detail and mastery of legal citation rules. Mastering the art of a law review write-on not only enhances one’s legal writing abilities but also opens doors to valuable networking opportunities and strengthens a legal career.
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What You'll Learn
Choosing a Compelling Topic
When embarking on a law review write-on competition, selecting a compelling topic is the cornerstone of your success. A well-chosen topic not only demonstrates your legal acumen but also captures the interest of the review’s editors. Start by identifying areas of law that genuinely intrigue you, as passion and curiosity will fuel your research and writing. Consider emerging legal issues, recent court decisions, or gaps in existing jurisprudence that warrant exploration. For example, if you’re fascinated by technology law, you might examine the legal implications of artificial intelligence in employment or the regulation of cryptocurrencies. Your enthusiasm for the subject will shine through in your writing, making it more persuasive and engaging.
Next, ensure your topic is both narrow and manageable. Law review articles are not encyclopedic works; they are focused analyses that contribute meaningfully to a specific area of law. Avoid overly broad topics like “constitutional law” or “environmental regulation,” as these are too expansive to address comprehensively in a limited word count. Instead, narrow your focus to a specific issue, such as “the constitutionality of state-level vaccine mandates” or “the legal challenges of carbon offset programs.” A well-defined topic allows you to delve deeply into the subject matter, providing nuanced analysis and actionable insights.
Relevance is another critical factor in choosing a compelling topic. Editors are more likely to select articles that address timely and significant legal questions. Scan recent headlines, judicial opinions, and legislative developments to identify issues that are currently shaping the legal landscape. For instance, if there’s a pending Supreme Court case on voting rights, an article analyzing its potential implications could be highly relevant. Similarly, topics tied to societal trends, such as climate change litigation or the gig economy, are often of broad interest. Ensure your topic not only reflects current legal discourse but also offers a unique perspective or solution.
Finally, consider the availability of resources and the feasibility of research. A compelling topic is only as good as the evidence and scholarship that support it. Before finalizing your choice, assess whether there are sufficient primary and secondary sources to substantiate your arguments. Utilize legal databases like Westlaw, LexisNexis, and HeinOnline to gauge the depth of existing literature on your topic. If the issue is too novel and lacks substantial research, you may struggle to build a robust case. Conversely, if the topic is oversaturated, it may be challenging to offer a fresh perspective. Strike a balance by choosing a topic that is both understudied and ripe for exploration.
In summary, choosing a compelling topic for a law review write-on requires a blend of personal interest, strategic focus, relevance, and research feasibility. By selecting a subject that excites you, narrowing its scope, aligning it with current legal trends, and ensuring it is well-supported by available resources, you position yourself to craft a standout article. Remember, the goal is not just to write about the law but to contribute meaningfully to the ongoing legal conversation.
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Conducting Thorough Legal Research
Mastering the use of legal research tools is essential for efficiency and comprehensiveness. Start with traditional resources like Westlaw, LexisNexis, and Bloomberg Law, which offer extensive databases of case law, statutes, and secondary sources. Learn advanced search techniques, such as Boolean operators and natural language searching, to refine your results and locate precise authorities. Don’t overlook free resources like Google Scholar, which can provide access to cases and articles, though it should be supplemented with more authoritative sources. Additionally, explore specialized databases and treatises relevant to your topic, such as those focused on constitutional law, intellectual property, or environmental law.
Secondary sources play a critical role in deepening your understanding of complex legal issues and identifying key cases and statutes. Consult law review articles, treatises, and legal encyclopedias to gain insights into scholarly discussions and prevailing interpretations of the law. These sources can also help you identify trends, critiques, and gaps in existing legal frameworks, which can strengthen your analysis. When using secondary sources, critically evaluate their credibility and relevance to your topic, ensuring they align with your research objectives.
Organizing your research is just as important as gathering it. Develop a system for tracking and annotating the materials you collect, such as using a spreadsheet or research log to record citations, key points, and potential arguments. Group related authorities together to identify patterns and connections that can inform your analysis. As you progress, regularly review and update your research plan to ensure you are addressing all aspects of your topic and incorporating new findings. This iterative process will help you build a robust foundation for your write-on submission.
Finally, verify the currency and validity of your research to ensure your arguments are based on up-to-date and authoritative law. Check for subsequent case law that may have modified or overruled the precedents you rely on, and confirm the status of statutes and regulations to ensure they are still in effect. Tools like Shepard’s on Westlaw or KeyCite on LexisNexis can assist in this process by providing citation histories and updates. By conducting thorough, organized, and verified legal research, you will be well-prepared to craft a compelling and well-supported law review write-on submission.
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Structuring the Argument Effectively
Once the central issue is established, organize your argument into a logical progression. Start with a strong thesis statement that outlines your main contention and the reasoning behind it. Follow this with a clear roadmap of your argument, signaling to the reader the key points you will develop. Each section should build upon the last, creating a cohesive narrative. For instance, if your thesis is that digital surveillance violates the Fourth Amendment, structure your argument to first define the scope of the Fourth Amendment, then analyze relevant case law, and finally apply that framework to modern surveillance practices. This step-by-step approach ensures clarity and persuasiveness.
Within each section, employ a structured framework to analyze legal principles and precedents. Use the CREAC (Conclusion, Rule, Explanation, Application, Conclusion) or IRAC (Issue, Rule, Application, Conclusion) methods to break down complex legal issues into digestible components. For example, when discussing a case, state the rule derived from it, explain its significance, and then apply it to your specific issue. This not only demonstrates your understanding of the law but also guides the reader through your reasoning process. Avoid jumping between topics or ideas; instead, maintain a linear flow that reinforces your central argument.
Incorporate counterarguments to strengthen your position. Acknowledge opposing viewpoints early in your analysis and systematically address them. This shows you have thoroughly researched the topic and can defend your stance against potential critiques. For instance, if you argue that digital surveillance is unconstitutional, anticipate arguments about national security concerns and provide a balanced rebuttal. By engaging with counterarguments, you demonstrate critical thinking and make your overall argument more robust.
Finally, conclude your argument by summarizing your key points and reinforcing your thesis. The conclusion should not introduce new ideas but should leave a lasting impression on the reader. Tie your analysis back to the broader implications of the issue, emphasizing why your argument matters in the context of legal scholarship. For example, highlight how your interpretation of the Fourth Amendment could shape future privacy laws or influence judicial decisions. A well-structured conclusion ensures your argument resonates with the reader and underscores the significance of your contribution to the legal discourse.
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Citing Sources Accurately
Accurate citation of sources is a cornerstone of legal writing, particularly in law review articles, where precision and credibility are paramount. Proper citation not only gives credit to the original author but also allows readers to locate and verify the sources you’ve used. Begin by familiarizing yourself with the citation style required by your law review, typically the *Bluebook: A Uniform System of Citation*. The *Bluebook* provides detailed rules for citing cases, statutes, regulations, books, articles, and other legal materials. Consistency in following these rules is key to maintaining professionalism and avoiding accusations of plagiarism.
When citing cases, ensure you include the essential elements: the case name, volume number, reporter abbreviation, page number, court name, and year. For example, *Brown v. Board of Education, 347 U.S. 483 (1954)*. Pay close attention to punctuation, spacing, and italics, as these details are strictly governed by the *Bluebook*. Similarly, when citing statutes, include the title, section, and year of the code, such as *42 U.S.C. § 1983 (2018)*. For regulations, cite the Code of Federal Regulations (C.F.R.) with the title, part, section, and year, like *28 C.F.R. § 50.1 (2023)*. Each type of source has specific rules, so consult the *Bluebook* or a reliable citation guide to ensure accuracy.
In addition to legal authorities, law review articles often cite scholarly works, such as law journal articles and books. When citing a law review article, include the author’s name, article title, volume number, journal name, and page number, such as *John Doe, The Evolution of Constitutional Law, 50 Harv. L. Rev. 123 (2022)*. For books, cite the author’s name, book title, edition (if applicable), publisher, and year, like *Jane Smith, Legal Theory (3rd ed. 2021)*. Always verify the accuracy of your citations by cross-referencing the original source, as errors can undermine your credibility.
Footnotes are the primary method of citation in law review articles, and they must be formatted according to *Bluebook* rules. Each footnote should correspond to a superscript number in the text and contain all necessary citation information. Signal the type of authority you are citing (e.g., “see,” “accord,” “but see”) to guide the reader. For example, “The Court held that *stare decisis* is not absolute. *Janeway v. Dillon, 212 U.S. 399, 405 (1909)*.” Ensure that footnotes are single-spaced, with a double space between them, and that they align with the text’s margin.
Finally, proofreading your citations is essential. Errors in citation can distract readers and detract from the strength of your argument. Use citation-checking tools or software, but do not rely solely on them; manually review each citation to ensure compliance with the *Bluebook*. Collaborate with peers or mentors to cross-check citations, as a fresh pair of eyes can often catch mistakes you might overlook. Accurate citation is not just a technical requirement—it is a reflection of your attention to detail and respect for the legal profession.
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Editing for Clarity and Precision
When editing your law review write-on submission for clarity and precision, your primary goal is to ensure that every sentence communicates your ideas as effectively and unambiguously as possible. Start by reviewing your argument structure. Each paragraph should focus on a single, distinct point that logically flows from the previous one. Eliminate any sentences that do not directly support your thesis or add meaningful analysis. For example, if you’re discussing a case’s holding, avoid tangents about its procedural history unless they are essential to your argument. Use topic sentences to signal the purpose of each paragraph, making it easier for the reader to follow your reasoning.
Next, scrutinize your word choice. Legal writing demands precision, so replace vague or overly general terms with specific language. For instance, instead of saying a statute is “problematic,” explain exactly how it creates ambiguity or injustice. Avoid jargon or technical terms unless they are necessary and clearly defined. Similarly, be cautious with modifiers like “very” or “often,” which can dilute your argument. Opt for concrete, descriptive language that leaves no room for misinterpretation. Remember, clarity in legal writing often hinges on using the most direct and accurate words available.
Sentence structure also plays a critical role in achieving clarity. Long, complex sentences can obscure your meaning, so break them into shorter, more manageable units. Use active voice whenever possible, as it is more direct and engaging than passive voice. For example, write “The court ruled in favor of the plaintiff” instead of “It was ruled by the court that the plaintiff should prevail.” Avoid overly complicated syntax or unnecessary subclauses that might confuse the reader. Each sentence should convey one idea clearly and concisely.
Pay close attention to transitions between sentences and paragraphs. Effective transitions guide the reader through your argument, ensuring logical flow and coherence. Use transitional phrases like “furthermore,” “however,” or “in contrast” to signal relationships between ideas. For instance, if you’re shifting from one case to a contrasting decision, explicitly state the connection: “While *Smith v. Johnson* established a broad interpretation of the statute, *Doe v. Roe* narrowed its application to specific circumstances.” Clear transitions prevent your reader from becoming disoriented and strengthen the overall structure of your piece.
Finally, proofread meticulously for grammatical errors and inconsistencies. Even minor mistakes, such as subject-verb disagreements or incorrect punctuation, can distract from your argument and undermine your credibility. Read your work aloud to catch awkward phrasing or unclear sentences. Consider using tools like grammar checkers, but rely on your own judgment to ensure corrections align with legal writing conventions. A polished, error-free submission demonstrates attention to detail and reinforces the precision of your analysis. By prioritizing clarity and precision at every stage of editing, you’ll craft a compelling write-on submission that resonates with your law review’s editors.
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Frequently asked questions
A law review write-on competition is a process used by law journals to select new members. It typically involves submitting a writing sample and a "case comment" or "note" to demonstrate your legal research, analysis, and writing skills.
Prepare by practicing legal writing, familiarizing yourself with Bluebook citation rules, and reviewing past write-on prompts. Additionally, seek feedback on your writing from professors or upperclassmen who have gone through the process.
Your submission should include a well-researched and clearly argued legal analysis, proper citations, and a concise yet comprehensive discussion of the issue. Focus on demonstrating your ability to think critically and write persuasively.
Participating in a law review can enhance your resume, improve your legal research and writing skills, and provide networking opportunities. While it’s not mandatory, it can be a valuable asset, especially for those pursuing careers in academia, clerkships, or competitive law firms.
