Tuesday January 06, 2009

Note Manual

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 writer should expect to spend a significant amount of time writing and researching the substantial quality submission. The substantial quality submission is approximately 40 to 60 double spaced pages in length.

A Note should comprehensively cover the topic selected. 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 no lawyer can cite a Note with much authority, 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 articles.

Notes may be written when an established area or concept of law is in a state of confusion, or when recent decisions have begun to alter or clarify a concept. Notes may also seek to suggest changes in an unsatisfactory 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.
Procedure
1. 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. A student articles editor and the writer will then work together to pinpoint a specific topic within the writer's field of interest.
  
  Other important considerations in selecting a topic are:
  - The Note should not be a restatement of well-settled law. Rather, it should deal with a special facet of law that is undergoing development in some respect.
  - The Note should be of current interest, not only when selected but also when published (which may be more than a year after the time the topic is selected).
  - The topic should be of interest to North Dakota Law Review readers. Although our journal has a national readership, a large number of our subscribers are North Dakota practitioners. Therefore, a topic that deals with some aspect of North Dakota law may be particularly useful and interesting to these readers.
  - A topic adequately treated in another law review or journal is not acceptable as a Note topic. Previous treatment of a given topic in a case comment, however, does not bar analysis of a similar topic in a Note.
2. Topic Approval
  A student articles editor must approve the topic selected by the student. The writer should submit a short (one typewritten page) proposal explaining the topic and indicating why the topic is an appropriate one. A well-reasoned argument for acceptance of the topic should be made.
3. Assistance
  Students are encouraged to communicate often with a student articles editor regarding progress on their work and problems encountered during the writing or research process. Valuable time will be saved if assistance is sought early.
4. Research
  Research must be thorough. It is essential that the substance of the Note be accurate and comprehensive. A Note that is of Substantial Quality 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 one. In such a case, 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:
  1. Statutory law
    1. examine rules of construction
    2. check cross references
    3. follow up annotations
    4. Shepardize
    5. examine legislative history
  2. Case law. Examine:
    1. casebooks and hornbooks
    2. treatises
    3. other cases (use key numbers and digests)
    4. legal encyclopedias (Am.Jur., C.J.S.)
    5. ALRs
    6. legal periodical indices
    7. advance sheets
    8. Shepard's
    9. electronic databases
5. 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. Note writers are also encouraged to submit a rough draft in addition to the outline.
  
  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
  1. Introduction
    - Opening Sentence
    - Establishment of Purpose of the Note
    - Indication of the "what" and "how" of the Note, including scope.
  2. Body of the Note
    - Development of the Law
    - Development of the Application of the Law
    - Analysis of the Law
    - Implications
    - Application
  3. Conclusion
    - Summary of the Note's Substance
    - Personal 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.
Substantial Quality Submission

Once the outline is approved, the writer begins work on the substantial quality submission. At minimum, the writer should strive to produce a work that could be published unchanged in the North Dakota Law Review.
1. 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 & endash; 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.
2. 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 Texas Law Review Manual on Style helpful.
3. 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 of 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.
4. 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.
5. Manuscript Preparation
  The manuscript of the Note must be submitted in proper form. The following specifications must be followed:
  1. Footnotes must be on the same page as the text to which they refer, and must be numbered sequentially throughout the paper.
  2. All drafts must be typed or printed on white 8 1/2" by 11" paper.
  3. Margins should be 2" on the left side and 1 1/2" on the right, top, and bottom.
  4. Page numbers should appear on each page.
  5. Both text and footnotes must be double spaced and the text should be a font of 12 pt. and the footnotes should be a font of 10 pt.
  6. Direct quotations of more than 50 words must be blocked and double spaced. Block quote by indenting five spaces left and right.
  7. The first line of each footnote should be indented five spaces.
  8. Text should not be justified.
  9. Textual subdivisions are set out as follows:
    - Major subdivision titles should be flush left, all caps.
    - Second subdivision titles should be indented five spaces and SMALL AND LARGE CAPS.
    - Third subdivision titles should be indented ten spaces and italicized.
The Editorial and Drafting Process

The editing of each draft involves four steps: (1) a general organization edit, (2) a substantive edit, (3) a close edit for sentence and paragraph structure, composition, logic, and style, and (4) a technical edit.

After the edit of each draft is completed, a student articles editor will contact the writer and arrange a conference to discuss changes that must be made. It is vital that the writer put substantial work into the first submission, including thorough research, careful writing, and proper citation form.
Suggestions for Note Writing
1. Use the Blue Book for cite form and The Gregg Reference Manual for style guidelines.
2. Never cite to an authority without reading it and verifying its accuracy. Do not trust any other authority's citations.
3. Shepardize every case cited to determine if the case has been appealed, modified or overruled.
4. Never cite to a statute without first checking the pocket parts to be sure that it has not been amended or repealed.
5. Use pinpoint page cites for every substantive statement and quotation used.
6. Be absolutely and utterly accurate in every quotation, including punctuation. Large block quotes are usually only appropriate in footnotes.
7. Avoid string cites in footnotes. If used, include an explanatory parenthetical for each cite.
8. When an opinion cited directly quotes another source, make sure to identify the other source.
9. Learn the proper use of signals for citations. Refer to Blue Book § 1.2.
10. Do not hesitate to call or visit a student articles editor with any questions or concerns you may have.