It might seem strange that it would be hard to reference a short case, but even a short case will likely take you at least fifteen to twenty-five minutes to read, while longer cases may take as much as thirty minutes to an hour to complete. Learning to brief and figuring out exactly what to include will take time and practice.
If you're stuck, don't spend hours banging your head against a brick wall - contact your law librarians! Consider using yellow for the text that you tend to highlight most frequently.
This 'Getting Started' tab contains general resources on legal writing, articles on topic selection and our law librarians' Top Five Tips on approaching the law review note process. Depending on the case, the inclusion of additional elements may be useful.
And the best way to make sure you're considering all your options is to.
Stick to a Schedule Even before you begin investigating topics, identify the due dates and important benchmarks for your journal and sketch out a schedule of when research, writing, editing and polishing will take place, and then stick to it - you'll be much less likely to get bogged down in a morass of research or stymied by endless options if you've set firm deadlines for yourself.
These brackets will allow you to color-code the case without highlighting all the text, leaving the most important phrases untouched for a more detailed highlight marking or underlining. Overly long or cumbersome briefs are not very helpful because you will not be able to skim them easily when you review your notes or when the professor drills you.
We are available at the reference desk in the library and by appointment if you'd like to investigate something in-depth. The techniques in the remainder of this section will describe ways to make full use of your highlighters. Elements that you may want to consider including in addition to the four basic elements are: Even if this were true, what is relevant for the judge to make his decision is not always relevant for you to include in your brief.
To the extent that more elements will help with organization and use of the brief, include them. Because briefs are made for yourself, you may want to include other elements that expand the four elements listed above.
Remember that the purpose of a brief is to remind you of the important details that make the case significant in terms of the law. This may seem simple, but the court may talk about multiple issues, and may discuss multiple arguments from both sides of the case.
A topic that is well-defined, interesting to you and to others, useful to the legal community, and not subject to sudden obsolescence is going to throw up fewer surprise roadblocks and be much easier to research and write than a topic that is poorly-defined, obscure, too obvious, or simply boring.
You can direct your reading to the most important sections and will have an easier time identifying what is and is not important.
In the personal experience of one of the authors, this element was used to label cases as specific kinds e. For each different section of the case, choose a color, and use that color only when highlighting the section of the case designated for that color.
Although blue is a beautiful color, it tends to darken and hide the text. The goal is to remind yourself of the basic reasoning that the court used to come to its decision and the key factors that made the decision favor one side or the other.
Yellow, pink, and orange are usually the brightest.
A mechanical pencil will also give you the freedom to make mistakes without consequences. A topic that is well-defined, interesting to you and to others, useful to the legal community, and not subject to sudden obsolescence is going to throw up fewer surprise roadblocks and be much easier to research and write than a topic that is poorly-defined, obscure, too obvious, or simply boring.
Annotations will also remind you of forgotten thoughts and random ideas by providing a medium for personal comments. The ' Avoiding Preemption ' tab provides advice and resources on checking your topic ideas for obsolesence or preemption.
It describes the process used to prepare a Topic Comparison Report TCR in which a student compares the strengths and weaknesses of two potential note topics.
Cases are so dense and full of information that you will find yourself spending considerable amounts of time rereading cases to find what you need.Researching, writing and possibly publishing a law review note can be a daunting prospect. A law review note is often a law student's first chance to publish something that will enter the record of legal scholarship, and a successful note can be a prized line-item on resumes and CVs going forward.
When writing the objective and subjective portions of your Note, keep in mind the aforementioned purpose of a law review Note: an original recommendation of policy for the legal community.
Your objective research is only the preparation that is required to adequately articulate your subjective opinion. University of Miami Law Review How to Write a Casenote Workshop When discussing case law, discern what is necessary and what is not necessary (e.g., procedural posture, critical facts, reasoning, etc.) Note any implications & potential criticisms of your argument.
guide to writing a student law review note For approximately 10 years I served as the faculty advisor to the Western New England Law Review. During that period I wrote a series of memoranda on various aspects of the student note writing process.
The University of Pennsylvania Law Review Online first began publishing case notes in May Case notes are written by current editors of the University of Pennsylvania Law Review. Case notes are written by current editors of the University of Pennsylvania Law Review.
University of Miami Law Review How to Write a Casenote Workshop Organize by approaches, not by cases When discussing case law, discern what is necessary and what is not necessary (e.g., Note any implications & potential criticisms of your argument.