I.       Introduction

a.     Summarize what you are going to say in 1-3 short paragraphs.

                                    i.        the problem

                                    ii.       the law

                                    iii.      your proposal / solution

b.     Include a clear thesis.

c.     The last paragraph of the introduction should be a roadmap of your paper.

II.     The Problem

a.     This section explains the problem you seek to address, in other words, why are you writing this paper.  If the problem is the

        status quo, why is it a problem.  If the status quo is not a problem, why not and why are you writing about it. 

b.     Support your assertions with FACTS and perhaps others who have recognized a similar problem.  Potential sources

        include:

                                    i.        news reports

                                    ii.       credible websites

                                    iii.      statistical compilations (e.g., World Almanac, World Bank Economic Indicators, Statistical Abstract of the US)

                                    iv.      scholarly peer-reviewed journals of science (including social science but beware of cultural/political bias – you

                                              can use it but acknowledge the source of bias)

                                    v.       legislative history

                                    vi.      law review articles

III.     The Law

a.     Cases

b.     Statutes

c.     Administrative Rules / Regulations

IV.     Analysis

a.     This is your own critical analysis of the law and how it bears on the problem you identified.  Think of it as synthesis of parts

        II and III.  It includes your own ideas which you support with facts. 

V.       Solution / Conclusion

a.     Summarize all of the above sections.

b.     Support your thesis.  Think of it as a synthesis of parts II, III, and IV.  You may:

                                    i.     Extrapolate solutions from other disciplines or areas of the law

                                    ii.    Draw on the work of others – what are reputable scholars proposing, are their ideas good or bad and why

                                    iii.   Make sure your ideas are really your own ideas, even if you think of an idea on your own, preemption check the

                                            idea and cite others with similar ideas lest you be accused of PLAGIARISM

* This outline was taken from a lecture by Prof. Aaron Schwabach.

For a more thorough discussion of how to write a law review article, note, or comment, this piece is strongly recommended:  Eugene Volokh, Academic Legal Writing:  Law Review Articles, Student Notes and Seminar Papers (2003).  You may be able to purchase this on the Westlaw website; it is also available in the TJSL library.