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Writing Research Papers : 10 Top Tips Annexure – XV

By Marshall B. Kapp
The Law Teacher (Fall 1999)

Virtually all law student write at least one legal research paper during their law school career,
besides composing the usual array of briefs, memos, and legal instruments. In the experience of
grading hundreds of legal research papers, I have accumulated an assortment of pet peeves and
compiled a list of tips that other law teachers may find useful to share with their students at the
outset of the writing endeavour. Most of these suggestions fall in the category of common sense,
which is precisely why they need to be set forth explicitly. Here, I present my “top ten” list.

1. Analyze and synthesize; don’t just paraphrase
Don’t thankfully latch onto one article directly on your topic, wish that you had written that
very article, and then spend 25 pages just paraphrasing it, even with proper attribution (i.e.,
many footnotes, but most of them being id’s). In real legal practice, you will rarely be lucky
enough to find one unassailable authority that conclusively and unarguably resolves your issue.

If you can find incontrovertible authority on” all fours” with your case, by all means rely on it.

Most of the time, however, the law has to progress by analysis that synthesizes, mainly through
analogy and distinction, different pieces of a puzzle. Research papers should reflect that
complex process.

2. Avoid sweeping generalizations unless you can back them up with authority.

Legal writing involves argument and persuasion based on a reasoning process beginning with
supportable premises, not the mere assertion of a proposition. Statements such as” Congress
should repeal the ERISA preemption because all HMO executives care only about the bottom
line” may be a hit on the political campaign trail but detract markedly from credibility in legal
writing, unless supporting sources can be cited

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