2009-2010 Note ManualDownload PDF version I. Introduction A Note is a student-written work dealing with an issue within a particular area of law. A Note is different from a Case Comment in that the writer is allowed to choose his or her own focus. In addition, the Note writer is given greater latitude to draw conclusions and express opinions. The Note should be a minimum of 30 and a maximum of 50 double spaced pages in length. A Note should comprehensively cover the selected topic. A Note writer should endeavor to produce a work that will be useful as a research resource to those interested in the area of law selected. While lawyers will not likely cite a Note as authoritative, a lawyer should be able to learn from—and make use of—the analysis and conclusions made by the writer. Moreover, a Note should lead the reader to other valuable research in the way of cases, statutes, or other secondary authorities. Notes may be written when an established area or concept of law is in a state of confusion or development, or when recent decisions have begun to alter or clarify a concept. Notes may also seek to suggest changes in an unsatisfactory or unjust area of the law, or predict the impact of the law in various fields. Notes also may focus on new developments in law, such as recent and novel statutes. The Note writer is allowed a great deal of discretion in topic selection and internal organization of the work. In all cases, however, the analysis and conclusions made by the Note writer should be based on a thorough examination of the field of law and should take into account varied viewpoints, including those contrary to the opinions of the Note writer. II. Procedure A. Selecting A Topic The most important step in selecting a note topic is deciding whether it is a topic which the writer can maintain enthusiasm about throughout the editing process. Once an initial topic determination has been made, it should be submitted to a Student Articles Editor for approval. Other important considerations in selecting a topic are:
B. Topic Approval A Student Articles Editor must approve the topic selected by the student. The writer should submit a short proposal explaining the topic and indicating why the topic is an appropriate Note topic. A well-reasoned argument for acceptance of the topic should be made. A statement acknowledging the author has conducted a thorough preemption check should be included. C. Assistance Students are encouraged to communicate often with a Student Articles Editor regarding progress on their work and problems encountered during the research or writing process. Valuable time will be saved if assistance is sought early. D. Research Research must be thorough. It is essential that the substance of the Note be accurate and comprehensive. A Note that is satisfactorily completed is one that is founded on substantial and thorough research. The amount of research required varies according to the nature of the topic. Some issues have only a small number of cases on point. If that is the situation, none of these cases should be overlooked. Other topics may have so many cases on point that it would be impossible or impractical to find every case. In such a situation, the writer should satisfy herself that enough authority has been found to firmly support any propositions or conclusions forwarded. The following is a list of resources to use as a guide in ensuring that research is thorough: Statutory law Case law. Examine: E. Outlines All Note writers must submit a detailed outline. This outline should not be undertaken until sufficient research has been completed. The function of the outline is to help the writer formulate ideas, a structure, and a conclusion. The outline also gives a Student Articles Editor an opportunity to spot potential problem areas. The more complete and detailed the outline, the more feedback the writer will receive. The outline should be internally organized and divided into subtopics. It should contain complete citations for all cases, statutes, and other resource material being used, so that a Student Articles Editor may become acquainted with the substantive area of law. Copies of major cases or other works discussed in the Note should accompany the outline. The outline should follow this basic form: Title II. Body of the Note III. Conclusion The outline may be in standard outline form, or it may be textual. It may even look like a rough draft of the Note if the writer feels prepared at this early stage to put together a cogent and well-organized draft.
III. Satisfactory Completion At minimum, the writer should strive to produce a work that could be published unchanged in the North Dakota Law Review. A. Organization The typical note usually includes an introduction and conclusion and is organized topically. A Note should consider background material only so far as is necessary for meaningful discussion of the specific issues under consideration. Please take the time to refer to notes published in earlier issues of the North Dakota Law Review for guidance as needed. Good organization is very important. The purpose of the Note should be clearly and specifically defined in the introduction. This includes the scope of the paper; the range of topics and ideas to be covered and the order in which they will be discussed. Headings and subheadings should be used to further clarify organization, which is not clear and implicit in the text itself. B. Style The key to good legal writing is to express complex legal concepts in clear, simple, and concise language. Use simple English and avoid unnecessary technical jargon. While individual writing styles vary, and one may be no more correct than another, the writer should consciously attempt to effectuate smooth flow and transition. In short, write with nouns and verbs. For further guidance, The Gregg Reference Manual is an excellent guide to proper legal writing. You may also find the Redbook edited by Bryan A. Garner helpful. C. Analysis Analysis must be both accurate and imaginative. It is not enough to merely brief and discuss a case. Logical inferences may be drawn from a case or a line of cases. Deriving inferred law is one of the major purposes of law review writing and it is exciting because it raises the possibility of writing "new" law. Analyzing policy considerations underlying the law and the practical effects of the law is also important. D. Footnotes There are three basic purposes for footnotes: (1) to support; (2) to expand; and (3) to clarify. Although a Note should be understandable without reference to footnotes, providing support for assertions made in the text is essential. A conclusion is no stronger than the premise on which it stands. Furthermore, one goal of a Note is to provide a research tool for others because footnotes provide a way for others to get into the cases. The amount of support necessary depends largely on the Note, its subject matter, and the type of assertion being made. When the validity of the proposition advanced is subject to debate, more footnoting is necessary (provided that more authority exists). Another purpose of footnotes is to expand an idea by giving additional information. In expanding, the writer can provide background material, a breakdown of the court's opinion, the text of a relevant statute, or a discussion of an interesting problem. Clarification can also be accomplished in footnotes. Including a specific example can make a point more understandable to those unfamiliar with a specific area. E. Manuscript Preparation The manuscript of the Note must be submitted in proper form. The following specifications must be followed:
a. Major subdivision titles should be flush left, all (caps). IV. Suggestions for Note Writing
If you have any questions or concerns, please contact: Levi Andrist,
Editor in Chief |
