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Class 6

Format of the Thesis,

Outlining

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Outlining Assignment

See Assignment

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Format of the Thesis

Four-part structure:

• Introduction

• Background (factual & legal)

• Analysis

• Conclusion

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Introduction

Purposes:

1. Persuade reader to read on.

2. To provide a summary for the busy reader who won’t read on.

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Format

1. State claim—describing the legal problem & proposed legal solution. (Also give minimal factual & legal background info so your claim is understandable & compelling.

2. Give concrete example or anecdote.

3. Explain why your claim is original, important, timely.

4. Roadmap to the paper.

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Part II of this Article provides a background for the topic, defining plagiarism, discussing the common-place nature of the offense, and giving an overview of how plagiarism is handled in various academic and professional contexts. Part III sets forth the framework of a typical plagiarism investigation, using a plagiarism investigation at Northern Kentucky University as an example. Part IV discusses the why the courts’ de novo standard of review of plagiarism cases is problematic. Part V argues for limited judicial review of administrative findings of plagiarism.

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BackgroundPurpose: Provide sufficient factual and legal

background for any law-educated reader to understand your analysis.

Cover both:1. Factual background: From newspapers, studies,

reports, government statistics, etc.2. Law:

a. No history lesson unless important to your claim.

b. When describing trends in the courts or a common law, synthesize--don’t summarize cases.

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Comparison: Like a journalist, in writing the factual background, consider the “5 W’s and one H”: who, what, where, when, why, and how.

Who:1. Who is involved in this story?2. Who is affected by it?3. Who is missing from this story?4. Who is in conflict in this story?5. Who else should I talk to about this?

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What:

1. What happened?

2. What is the point of this story?

3. What does the reader need to know to understand this story?

4. What surprised me?

5. What is the most important single fact I learned?

6. What is the history here? What happens next?

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Where:

1. Where did this happen?

2. Where else should I go to get the full story?

When:

1. When did this happen?

2. When did the turning points occur in this story?

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Why:

1. Why is this happening? Is it an isolated case or part of a trend?

2. Why are people behaving the way they are? What are their motives?

3. Why does this story matter? Why should anyone read it?

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How:

1. How did this happen?

2. How will things be different because of what has happened?

3. How will this story help the reader?

4. How did I get this information? Is the attribution clear?

5. How would someone describe this story to a friend?

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Analysis

Prove your claim:

1. Analysis of your original claim must be “meat” of your thesis.

2. Proof means a presentation of factual evidence and persuasive legal analysis.

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Problem-Solution Pattern

1. Describe legal problem.

2. Describe proposed solution.

3. Demonstrate how proposed solution solves problem.

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1. Describe the Legal Problem:

a. E.g., ambiguity or gap in law, law out of date, problem with legal institution (e.g., courts not independent because depend on legislature for funding, law schools don’t teach sufficient practical lawyering skills), etc.

b. Not mere description of factual problem laws designed to avoid (e.g., crime victims suffering; patents being infringed), but legal problem.

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c. Use examples from your test suite to illustrate the legal problem.

d. Use facts, studies, reports, your investigation to describe the legal problem

d. Cite those who think there’s no problem or define the problem differently. Give a counter-analysis.

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2. Describe the Proposed Solution. Be specific:

a. If the law should be changed, (i) explain specifically what the new law should say, (ii) explain the procedural rules necessary to make it work properly (e.g., evidentiary rules).

b. If changes to administration of the law are necessary, explain what agency should enforce it, what their responsibilities should be, how it should be funded.

c. If a jail sentence should be imposed, explain the sentencing range and what factors should determine where on the range any case lies.

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Demonstrate how your proposal solves problem:

a. Advantages & disadvantages of your solution.

b. Compare your solutions to other solutions (from other scholars or from your own imagination).

c. Make all the appropriate argument types: arguments from precedent, interpretive arguments, normative arguments, institutional arguments. Answer the counter-analyses.

d. Consider what various schools of jurisprudence (e.g., law and economics, feminist jurisprudence, etc.) would/have said about the solution.

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e. Probe the broader context: What would/have other fields, such as history, sociology, economics, political science, etc., said about the proposed solution.

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Applying the proposed Act to the facts of East Bibb Twiggs Neighborhood Assn. v. Macon-Bibb County Planning & Zoning Commission illustrates how this proposed rule would work. In East Bibb Twiggs, the plaintiffs proved that the site would have a greater impact on the black population than on the white population. The plaintiffs introduced evidence that undesirable land uses have been located historically in black neighborhoods. Assuming that the evidence was persuasive and the court found that this community was overburdened by environmental hazards, the burden of proof would then shift to the Commission to establish "environmental necessity." The court would look at the impact of the site, consider the environmental suitability of alternative sites, and base its decision on elements of equity and safety.

e. Show how the solution would apply to examples from your test suite. E.g.:

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Don’t Ignore Adverse Authorities and Arguments

a. Acknowledge the adverse authority or argument.

b. Explain why it should be rejected = counter-analysis.

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Connect to Other Issues

Your Claim

Parallel AreaBroader Academic Debate

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Conclusion

Parts:

• Summarize claim & important subsidiary conclusions. Keep it brief.

• May suggest areas for further research.

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Questions?