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Writing a Law School Paper
Siddhant Sharma
Indian Qualified Lawyer | Patent and IPR Specialist
LinkedIn: https://www.linkedin.com/in/siddhantsharma/
Email: siddhantsharma12@outlook.com
Disclaimer
• Writing a good scholarly paper is no rocket science by any means.
It is very simple, but not easy!
• The only thing that is required of you to write a mind boggling research paper is to
primarily ascertain an area of law in which you are particularly interested.
• Mind the fact that your interest determines the quality of your research and ultimately
the quality of your paper.
Don’t be a Jack of All and a Master of None!
• If you are not interested in any particular area of law and believe that you like all law
subjects, then now is the time to take make some time for introspection.
• If you have just started out as a law student and not read much of law subjects then
delve into a particular subject so much that ultimately you get interested in that subject
and you start to question the status quo.
If you find yourself questioning the status quo and coming up with novel insights relating to
a particular subject – then this is the one for you!
2018 © Siddhant Sharma, Advocate
What should your research paper convey to
the reader?
Ask yourself, “what is your take on the issue?”
A good scholarly paper should convey at least one of the following to its
readers:
• Author’s criticism or support of a recent opinion;
• Her suggestions as to the required changes in a law;
• Recommendations for actions that could be taken on a legal
issue/problem;
• Her predictions (backed by reasons) vis-à-vis developments in an area of
law;
• Expounding on a field of knowledge by offering new direction for a specific
area of law.
See, Jill J. Ramsfield, Creating a Good Scholarly Paper, 1 (1991), cited in Chris Wold, Writing a Law School Paper, (Nov. 07, 2001) available at:
http://www.lclark.edu/live/files/5595 (emphasis added).
2018 © Siddhant Sharma, Advocate
What to avoid?
Be Novel and Non-Obvious!
• Avoid merely discussing a situation and not giving your inputs;
• If you are showcasing a problem in the system, make sure to include a
solution. You may even refer to a solution proposed by another author and
give your reasons for supporting such a proposal.
• When writing case notes, do not merely describe the case under
different heads. Instead, focus on the problem and briefly discuss all
the cases (foreign as well) that deal with the same problem;
• Do not merely summarise a legal statute. At least give out different
ways in which the same statue can be interpreted for the sake of
argument before a Court.
2018 © Siddhant Sharma, Advocate
The design of your paper
You must learn to visualise every research paper as having only the
following parts:
• Title
• Introduction
• Body
• Conclusion
2018 © Siddhant Sharma, Advocate
Introduction
The introductory section is very important and it should be written in
such as way so as to get the reader’s attention.
• State the problem/issue
• Describe why the issue is important?
• Describe what your paper will contribute to the discussion?
• Provide a road map to your paper
• State a conclusion
2018 © Siddhant Sharma, Advocate
Body
• Explain relevant facts, background and legal doctrines
• Prove your claim/arguments advanced
• Do not merely summarize the law, instead explain and prove your
claim/argumentation taking support from the law
2018 © Siddhant Sharma, Advocate
Conclusion
• “A conclusion restates your thesis, summarizes your major points, and
reminds the reader why your issue and thesis is important. The
conclusion does not include your ‘recommendations’ or solution
section. Your recommendations and solution should constitute a
separate section.”
*Thesis is ‘your’ take on an issue.
2018 © Siddhant Sharma, Advocate
A Key Advise
• Do not worry about putting out your opinions/thoughts in the paper. You
should not be concerned what your peers/faculties would think of you.
• Be bold and have the courage to express your opinion and back it up by
authoritative sources.
• Unless you let out your thoughts completely, you won’t be able to reach to
a conclusion.
I understand that it is very difficult to start with a blank page on a word file.
Do this instead – Just start typing whatever you know or think about the
topic, just keep on going until you have typed everything you have on your
mind. Once this is done, you may start identifying some key elements in your
write-up. Now, you have a trail. Start researching on those key elements and
find out the credibility of your hypothesis.
2018 © Siddhant Sharma, Advocate
To make you understand, the contents of this presentation. I am
attaching a PDF of one of my co-authored published research. I have
marked relevant sections with my comments and identified every
aspect that I have talked about in this presentation. Follow the link:
http://lawandpracticeblog.com/sample-article/
2018 © Siddhant Sharma, Advocate
References
• Chris Wold, Writing a Law School Paper, (Nov. 07, 2001) available at:
http://www.lclark.edu/live/files/5595.
2018 © Siddhant Sharma, Advocate

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Writing a law school paper

  • 1. Writing a Law School Paper Siddhant Sharma Indian Qualified Lawyer | Patent and IPR Specialist LinkedIn: https://www.linkedin.com/in/siddhantsharma/ Email: siddhantsharma12@outlook.com
  • 2. Disclaimer • Writing a good scholarly paper is no rocket science by any means. It is very simple, but not easy! • The only thing that is required of you to write a mind boggling research paper is to primarily ascertain an area of law in which you are particularly interested. • Mind the fact that your interest determines the quality of your research and ultimately the quality of your paper. Don’t be a Jack of All and a Master of None! • If you are not interested in any particular area of law and believe that you like all law subjects, then now is the time to take make some time for introspection. • If you have just started out as a law student and not read much of law subjects then delve into a particular subject so much that ultimately you get interested in that subject and you start to question the status quo. If you find yourself questioning the status quo and coming up with novel insights relating to a particular subject – then this is the one for you! 2018 © Siddhant Sharma, Advocate
  • 3. What should your research paper convey to the reader? Ask yourself, “what is your take on the issue?” A good scholarly paper should convey at least one of the following to its readers: • Author’s criticism or support of a recent opinion; • Her suggestions as to the required changes in a law; • Recommendations for actions that could be taken on a legal issue/problem; • Her predictions (backed by reasons) vis-à-vis developments in an area of law; • Expounding on a field of knowledge by offering new direction for a specific area of law. See, Jill J. Ramsfield, Creating a Good Scholarly Paper, 1 (1991), cited in Chris Wold, Writing a Law School Paper, (Nov. 07, 2001) available at: http://www.lclark.edu/live/files/5595 (emphasis added). 2018 © Siddhant Sharma, Advocate
  • 4. What to avoid? Be Novel and Non-Obvious! • Avoid merely discussing a situation and not giving your inputs; • If you are showcasing a problem in the system, make sure to include a solution. You may even refer to a solution proposed by another author and give your reasons for supporting such a proposal. • When writing case notes, do not merely describe the case under different heads. Instead, focus on the problem and briefly discuss all the cases (foreign as well) that deal with the same problem; • Do not merely summarise a legal statute. At least give out different ways in which the same statue can be interpreted for the sake of argument before a Court. 2018 © Siddhant Sharma, Advocate
  • 5. The design of your paper You must learn to visualise every research paper as having only the following parts: • Title • Introduction • Body • Conclusion 2018 © Siddhant Sharma, Advocate
  • 6. Introduction The introductory section is very important and it should be written in such as way so as to get the reader’s attention. • State the problem/issue • Describe why the issue is important? • Describe what your paper will contribute to the discussion? • Provide a road map to your paper • State a conclusion 2018 © Siddhant Sharma, Advocate
  • 7. Body • Explain relevant facts, background and legal doctrines • Prove your claim/arguments advanced • Do not merely summarize the law, instead explain and prove your claim/argumentation taking support from the law 2018 © Siddhant Sharma, Advocate
  • 8. Conclusion • “A conclusion restates your thesis, summarizes your major points, and reminds the reader why your issue and thesis is important. The conclusion does not include your ‘recommendations’ or solution section. Your recommendations and solution should constitute a separate section.” *Thesis is ‘your’ take on an issue. 2018 © Siddhant Sharma, Advocate
  • 9. A Key Advise • Do not worry about putting out your opinions/thoughts in the paper. You should not be concerned what your peers/faculties would think of you. • Be bold and have the courage to express your opinion and back it up by authoritative sources. • Unless you let out your thoughts completely, you won’t be able to reach to a conclusion. I understand that it is very difficult to start with a blank page on a word file. Do this instead – Just start typing whatever you know or think about the topic, just keep on going until you have typed everything you have on your mind. Once this is done, you may start identifying some key elements in your write-up. Now, you have a trail. Start researching on those key elements and find out the credibility of your hypothesis. 2018 © Siddhant Sharma, Advocate
  • 10. To make you understand, the contents of this presentation. I am attaching a PDF of one of my co-authored published research. I have marked relevant sections with my comments and identified every aspect that I have talked about in this presentation. Follow the link: http://lawandpracticeblog.com/sample-article/ 2018 © Siddhant Sharma, Advocate
  • 11. References • Chris Wold, Writing a Law School Paper, (Nov. 07, 2001) available at: http://www.lclark.edu/live/files/5595. 2018 © Siddhant Sharma, Advocate