Cameron Miranda
Writing a law review case note is a lengthy process that can take anywhere from 2.5 years to a few weeks, depending on various factors such as the complexity of the topic, the word count, and the level of research required. A law review note is typically between 10,000 and 20,000 words, with some journals specifying higher or lower word counts. The process involves choosing a timely and compelling theme, conducting extensive research, and outlining the introduction, main sections, subsections, and conclusion. It is important to become an expert in the chosen topic and to identify a unique angle to approach it from. The writing process itself can take between 250 and 500 hours, including research time, and it is recommended to put in a significant amount of effort upfront to come up with an interesting topic.
| Characteristics | Values |
|---|---|
| Word count | 10,000-20,000 words |
| Time spent writing | 250-500 hours |
| Submission | Students can submit their notes to law journals for publication |
| Format | Introduction, objective portion, subjective portion, and conclusion |
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What You'll Learn
Choosing a form: case-note or issue-focused note
The length of a law review case note can vary, but it is generally agreed that it should be between 10,000 and 20,000 words. Some sources suggest that a word count of 14,000 to 17,000 is ideal, while others state that 12,000 to 15,000 words is more than sufficient. However, the length of your case note largely depends on the requirements of the journal or publication you are submitting to, as well as the specific topic you are addressing.
Now, when it comes to choosing between a case-note and an issue-focused note, there are a few things to consider. A case note, as the name suggests, focuses on a specific legal case and involves analysing that case in detail. It should introduce readers to the relevant area of law, provide an overview of the case, and include relevant facts and the lower court's holding, appeals, and any subsequent actions. A case note should also discuss the background or prior law related to the case and analyse the court's reasoning and decision.
On the other hand, an issue-focused note, also known as a "comment", addresses a narrow area of the law or a specific legal issue. It may involve analysing conflicting judicial decisions, evaluating the soundness of reasoning in consenting or dissenting opinions, or responding to a recent development in the law, such as legislation, lawsuits, or executive orders. Issue-focused notes should present a concise and original argument and may involve less literature review than a case note.
When deciding between the two, consider the scope and focus of your topic. If you want to delve into a specific case and analyse its implications and impact on future decisions, a case note is the way to go. On the other hand, if you want to focus on a narrower aspect of the law or address a specific legal controversy, an issue-focused note may be more appropriate. Additionally, consider the requirements and preferences of the journal or publication you are targeting, as they may have specific guidelines for what they are looking for in a case note or comment.
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Topic selection: novelty and humility
When it comes to writing a law review case note, selecting a topic that strikes a balance between novelty and humility is crucial. This involves choosing a subject that is both unique and manageable for a student writer. Here are some insights to guide you in this process:
Understanding the Landscape
Before delving into topic selection, it's essential to comprehend the nature of law review notes. These works are typically undertaken by law students during their second year of study or their first year as a member of a law journal. They are considered pieces of legal scholarship, often involving an in-depth exploration of a specific area of law. While the specific definitions vary across journals, a note generally aims to advance legal scholarship, make detailed arguments, and provide persuasive evidence for its conclusions. Understanding these expectations will help guide your topic selection process.
Novelty: Finding a Unique Angle
When choosing a topic, it's important to strive for novelty. This doesn't necessarily mean selecting a topic that no one has ever written about before. Instead, it's about approaching a chosen theme from a unique perspective. Consider how your note can contribute to advancing legal discussion and scholarship in a particular area. Look for gaps in existing literature or identify counterintuitive case law that practitioners may be misunderstanding. By finding an angle that adds something new to the conversation, you'll be more likely to capture the interest of your readers and the selection committee.
Humility: Managing Scope and Realism
While novelty is important, it's crucial to temper it with humility. Recognize that as a student writer, you are approaching the topic as an amateur in the field. Choose a topic that is manageable in scope and can be adequately addressed within the word count limitations of a law review note (typically around 10,000 to 20,000 words). Start by familiarizing yourself with the existing literature, case law, and academic discussions related to your potential topic. This groundwork will help you assess the feasibility of your chosen subject and ensure you can realistically address it within the constraints of a student note.
Flexibility and Adaptation
Topic selection is just the beginning of your writing process. As you delve into your research, remain flexible and adaptable. You may discover new angles or nuances that shift your focus or enhance your understanding of the topic. Embrace these insights and allow them to guide the evolution of your note. Remember that your topic selection is the foundation, but the research and writing process will build upon it, shaping and refining your ultimate contribution to legal scholarship.
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Research: reading, compiling notes, and following relevant sources
Research is a crucial aspect of writing a law review case note, and it involves reading, compiling notes, and following relevant sources. Here are some detailed instructions and tips to guide you through this process:
Reading:
When starting your research, it is essential to identify the relevant legal problem and the desired outcome. This step will help you stay focused and ensure your research is relevant to your specific case note topic. Determine whether your case deals with federal or state law, as this will impact the sources you refer to.
Begin your reading with secondary sources, such as law journals, practice guides, legal encyclopedias, treatises, and law articles. These sources provide a comprehensive overview of legal topics and can save you time by identifying and citing important statutes and relevant cases. They are particularly useful when researching a new legal principle or an unfamiliar area of law.
Compiling Notes:
When reading, take detailed notes by hand or type them out. Handwriting notes can be beneficial as it allows for flexibility with abbreviations and personalized formatting. Abbreviating as you type or write can help you record more information in a shorter time. Develop your own abbreviations or use a program like textexpander to automatically expand abbreviations as you type. Color-coding your notes can also make it easier to locate specific information. For instance, use red for rules, blue for case notes, and green for hypotheticals.
Additionally, review outlines or class notes from past students, especially if you find the professor challenging to follow. This can help you identify key points and structure your notes effectively.
Following Relevant Sources:
Once you have a good understanding of the topic from secondary sources, move on to primary sources of law. These include case law (court opinions and decisions), statutes (legislation passed by federal or state lawmakers), and regulations (issued by federal or state agencies).
When researching case law, use tools like Westlaw, which provides headnotes summarizing each case's important legal issues. You can also refer to Black's Law Dictionary, which defines legal research as "the finding and assembling of authorities that bear on a question of law." This definition emphasizes the importance of identifying and gathering relevant laws, statutes, regulations, and court opinions that apply to your specific case.
Overall, remember to stay organized, be flexible with your note-taking methods, and continuously review and update your notes to ensure their accuracy and effectiveness.
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Writing: introduction, main sections, subsections, and conclusion
The introduction is a crucial part of your case note, as it sets the tone and direction for the rest of the piece. It should capture the attention of the selection committee and clearly outline the purpose and scope of your note. Begin by providing a brief overview of the legal issue or problem you will be addressing, and explain why it is important or relevant. You may also want to mention any unique angle or perspective that you will be bringing to the discussion.
Main Sections
The main body of your case note will typically consist of several sections, each focusing on a specific aspect of the legal issue. These sections should be clearly defined and logically organized to present a coherent argument or analysis. Here are some possible main sections to consider:
- Literature Review: Provide a comprehensive overview of the existing scholarship and case law related to your topic. This section demonstrates your understanding of the current state of legal discourse and identifies any gaps or counterintuitive interpretations that your note aims to address.
- Legal Analysis: This is where you delve into the legal intricacies of your chosen topic. Analyze relevant case law, statutes, and legal principles, applying them to the issue at hand. Use this section to showcase your ability to think critically and interpret the law.
- Argument or Proposal: Present your original argument or proposal for advancing the particular area of legal scholarship. Ensure that your argument is well-supported by the evidence and analysis presented in the previous sections.
Subsections
Depending on the complexity of your topic, you may need to include subsections within your main sections to provide additional detail or analysis. Subsections help to break down complex ideas and improve the overall flow of your case note. They can also be used to address counterarguments or explore alternative perspectives.
The conclusion of your case note should effectively summarize your key findings, arguments, and contributions to the field of legal scholarship. Reinforce the significance of your work and briefly outline any potential avenues for further research or legal reform. A well-crafted conclusion leaves the reader with a clear understanding of the value and implications of your case note.
Remember, the above structure is a general guide, and the specific organization of your case note may vary depending on the requirements of your law journal and the nature of your chosen topic. It is always advisable to consult with your editorial board or supervisor for guidance on formatting and content expectations.
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Submission: submitting to journals that accept outside contributions
When it comes to submitting your law review case note to journals, there are a few key things to keep in mind. Firstly, don't limit yourself to just one law school. Every law school typically has multiple journals, and while some may only publish notes from their own students, there are at least 70 schools that accept outside submissions. Spend some time reviewing the journals' websites to find out which ones are open to external contributions.
Once you've identified potential target journals, carefully review their submission guidelines. Each journal will have specific formatting requirements, including margins, spacing, font, font size, and page limits. Ensure your note adheres to these specifications before submitting.
It's also important to consider the type of content each journal is looking for. Law journals typically publish two types of student-written pieces: Notes and Comments. Understand the difference between the two and tailor your submission accordingly. For example, a Note should advance a particular area of legal scholarship and make a detailed argument, while a Comment presents a concise and original argument and often responds to recent developments in the law.
When submitting your work, pay attention to the submission process and deadlines. Some journals may have specific submission periods, while others may accept rolling submissions. Follow the submission guidelines closely to increase your chances of acceptance.
Finally, be prepared for feedback and potential revisions. The publication process may involve working with editors and reviewers to refine your case note. Stay open to constructive criticism and be willing to make changes to your work to meet the journal's standards and expectations.
By following these steps and staying persistent in your submission efforts, you can increase your chances of getting your law review case note published in a reputable journal, even if it's outside your own law school.
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Frequently asked questions
The time spent writing a law review case note can vary depending on several factors, including the complexity of the case, the length of the note, and the level of research required. On average, writing a law review article can take around 250-500 hours, including both writing and research time. However, this may differ for each individual.
The length of a case note can vary depending on the publication and its guidelines. As a general guideline, case notes for the Torrey Law Review, for example, should be between 500 and 1000 words. It is important to keep the note concise while analyzing the complexities of the case.
The research process for a law review case note can be extensive. It involves reading and understanding relevant case law, exploring related source materials, and staying up to date with the latest discussions and developments in the field. It is recommended to start with a broad understanding of the topic and then narrow down to specific cases and details.
Yes, choosing a timely and compelling topic is important. Look for areas of current legal controversy, such as conflicting judicial decisions or recent court rulings. Consider a topic that has not been overly analyzed to ensure your note remains relevant and offers a novel perspective. Early-stage topics can be good options, but they may require more effort to find support for your argument.
