|
| Q. |
I don't
want to plagiarize, but I'm not sure how to avoid it. |
|
|
| A. |
The first
thing you need to do to avoid plagiarism is to know what it is. One
one level, this is pretty straightforward: don’t use someone else’s
words or thoughts as if they were your own. Another way of saying
the same thing is, always properly attribute someone else’s words
or thoughts. The emphasis is on "properly." If you cite
another authority but don’t use quotation marks when you’re in
fact quoting, you are not properly attributing.
There are a number of sources to
further explore any issues of plagiarism
Honor
Code Section 3.01(b): Submitting Plagiarized Work
Honor
Code Section 8.01: Sanction for Plagiarism
|
|
| Q. |
Why
do I have to write an AWR? |
| A. |
Because
the school requires one to graduate. That’s pretty
straightforward. A longer-winded answer is that it is an integral
part of a writing program that is designed to produce excellent
legal writers. But your AWR should be more than meeting our
requirements. It should be your work product that makes you the
world’s leading expert on some area of the law. That work product
should be invaluable as a writing sample, as a talking point in
interviews, and for a variety of other purposes.
That’s why it’s important that
your AWR be as perfect as possible when you turn it in. And if your
professor makes some corrections/suggestions on your final product,
be sure to incorporate them. When that paper next sees the light of
day, it may be critical for a clerkship or associate position. |
|
| Q. |
What
is the AWR standard? |
| A. |
The
AWR requires the professor to certify that the student has produced
a paper "which evidences high qualities of legal scholarship,
writing ability and craftsmanship." In a word, a substantial
piece of original legal scholarship. While this is, inevitably, a
subjective determination, the model might be the law journal note or
comment. To get an idea of what suffices, look at the student work
in the Seton Hall Law Review or any of the Law School’s other
journals. This webpage also reproduces some of the better AWR
submissions under Sample Papers |
|
| Q. |
How
long does the paper have to be? |
| A. |
OK,
this is really the most frequently asked question. And the
answer is 25 pages. But this is really the wrong question, however,
frequently asked. If you pick an appropriate topic, length should be
no problem. In fact, most papers have to be edited to make them
tighter. |
|
| Q. |
OK,
I understand the lecture. Now tell me, does the 25-page limit
include footnotes? |
| A. |
Yes.
But it’s a real 25 pages. Given these days of font-padding, you
should be aware that the standard is 25 pages using Times New Roman,
12 point, with margins 1" around.
You are not required to use Times New Roman 12-point, but it’s
probably easiest.
Whatever font you use, your paper must be of equivalent length.
For example, the NJ Court Rules specify "no more than 26
double-spaced lines of no more than 65 characters, including spaces,
each of no less than 10-pitch or 12-point type." Rules
Governing Appellate Practice, Rule 2:6-10. That font is much larger
than Times New Roman. If you use the font required by the Appellate
Division, you would have to a 30-32 page paper to meet the standard.
Your paper has to be double-spaced (although indented quotes and
footnotes should be single-spaced). Footnotes are single-spaced. |
|
| Q. |
Do
I need to use footnotes? |
| A. |
Yes,
unless your instructor prefers endnotes. Use the footnote function
in Word or Wordperfect – it creates footnotes and numbers them. DO
NOT incorporate your citations in the text – this is a paper, not
a brief. |
|
| Q. |
Do
I need a Table of Contents, Table of Authorities, or Index? |
| A. |
Not
unless your professor says so, or you decide to write a book as an
AWR. |
|
| Q. |
Do
I need to paginate? |
| A. |
If
you don’t, the professor will assume you’re trying the hide the
fact that your paper is shorter than permitted. Most of the time,
she’ll be right. |
|
| Q. |
Does
the Law School keep AWR papers? |
| A. |
Yes,
but not forever. If the paper is certified, it will be kept on file
for at least two years. Some professors keep papers for much longer,
but that’s an individual matter. However, you shouldn’t rely on
the professor or the instructor. After you’ve put all that work
into your paper, you should make sure you have hard- and
digital-copy. |
|
| Q. |
Do
I have to have a thesis? |
| A. |
Yes. |
|
| Q. |
What’s
a thesis? |
| A. |
It’s
a Greek word meaning point or position. Professor Volokh in Writing
a Student Article (see Writing Resources) calls this a
"claim," but whatever it’s called, your paper needs to
take a position:
- X is good.
- Y is bad.
- Z needs more study.
Your thesis will dictate what you
need to discuss. That you have a thesis doesn’t mean that your
writing is slanted or advocacy-oriented. This is a paper, not a
brief. But without a thesis your paper will be, well, wishy-washy. |
|
| Q. |
What’s
the deal with primary authority? |
| A. |
Your
paper should focus on primary authority, not secondary authority.
This is known in the law as the real deal. If you’re analyzing a
statute, quote the statute – not some law review article, which
says what the statute says. If you want to discuss a case, read and
cite the case, not a treatise discussing it. Secondary authority can
enrich and reinforce your points, but your points should be made
with primary authorities.
The only caveat to this is that,
depending on your project, what is normally secondary authority may
be primary. If your topic, for example, is feminist influence in the
Yale Law Journal, the articles in that journal are your primary
authority. |
|
| Q. |
Do
I have to use the bluebook? |
| A. |
Of
course. Cheer up, you
already paid for the darn thing. Plus, it’s good practice for
being a law clerk, an associate, or any of a hundred other
obsessive-compulsive jobs. |
|
| Q. |
I’m
not taking this seminar to satisfy my AWR requirement since I
already did that. Do I still have to meet AWR requirements? |
| A. |
Probably.
This is up to the individual instructors but most tend to apply a
uniform standard to all papers in the seminar. |
|
| Q. |
Do
I have to do a draft? |
| A. |
Yes. Actually, an
AWR paper is a four-step process. The professor must approve
- the topic;
- an outline;
- a draft, and
- the final copy.
"The outline
and draft shall each be evaluated by the professor and returned to
the student in sufficient time to permit the student to incorporate
the professor's comments." |
|
| Q. |
What
happens if my professor does not certify my final paper? |
| A. |
If
you’ve followed the process – including a meaningful draft –
this shouldn’t happen. If it does, your professor has the
authority to grade the paper as submitted but return it to you for
corrections in order to meet AWR requirements. But note:
"Revisions made after the conclusion of the seminar may not
result in any change in the final grade." Further, the
professor also has the authority to simply say that the paper is too
far below the standards to warrant further work on his or her part.
In that event, you must sign up for another AWR. |
|
| Q. |
What
paperwork do I have to do? |
| A. |
The only hard part
is writing the paper. When you complete the final version of your
paper, turn two copies of it in to your professor together with two
copies of the Certificate of Compliance form.
The professor then
turns in one copy of your paper and both copies of the executed
certification form to the Registrar, who mails you one copy of your
form. Put it in a safe deposit box. Needless to say, failure to
submit the form to your professor will delay certification. |
|
| Q. |
Can
my professor give me an extension? |
| A. |
Yes. But many,
maybe most, professors will apply a grade sanction for late papers
unless the circumstances are really beyond your control. It would
not be advisable to even ask for an extension unless, say, a good
first draft has been submitted.
If a professor
grants you an extension, an "I" will be awarded for the
course. The paper must be completed, and a grade submitted, before
the end of the next semester, otherwise the I will become an F. |
|
| Q. |
Can
I combine papers for two courses to create one super paper for AWR
credit? |
| A. |
Yes,
but it’s not so clear it will save you much work. The rules
provide that "A paper written for one class may also be used
for credit in a second class being taken simultaneously, if both
faculty members agree in advance. Such paper must evidence
extraordinary work meriting the award of the total number of credits
to be earned." |
|
| Q. |
I’ve
done some work on a topic for Leg Bureau. Can I expand on this for
my AWR for my seminar? |
| A. |
Maybe.
Maybe not. The rules provide:
No paper or any
significant part thereof may be used (i) for credit in multiple
classes not being taken simultaneously; (ii) for credit in a class
and for journal participation; (iii) for credit in a class and
credit for any internship or clinic work; (iv) for credit in a
class and for independent research; or (v) for credit in a moot
court competition and in a class or independent research.
The rules do go
on to provide that this rule does not "prevent a student from
including work from another project in a paper, so long as credit
is not awarded based on the work from the other project."
|
|
| Q. |
How
does Independent Research (sometimes called Independent Study) fit
in with AWR? |
| A. |
Independent
Study projects are intended to be more demanding than AWR. They
entail a paper of at least 40 pages in length, and a defense of the
paper before the IS Committee. The supervising professor recommends
a grade, but the Committee actually awards the grade after the
defense, and also certifies that the paper meets AWR requirements.
In brief, if you have a successful IS paper, it should be certified. |
|
| Q. |
If
I’m satisfying my AWR by writing for a journal, do I need to
submit a certification form? |
| A. |
Yes.
The faculty advisor for each journal certifies. |
|
|
| Q. |
What do professors expect? |
| A. |
We can't tell you what every
professor expects, but one professor recently sent the following to
his/her class: |
|
I have been
able to return a over half of your papers so far. I have some generic comments which seem to apply
to the vast majority of the papers I have finished reviewing. As
such, I have decided to share them with all of you, on the
speculation that they may help some of you who have not yet heard from me.
First, if you have not looked at the sample papers posted on the
AWR Web Page, I urge you to do so. I am concerned that some of you
may not yet have a sense of what the end product is supposed to look
like -- that you are not yet completely clear on the enterprise in
which we are engaged.
Your research paper needs to be an IN-DEPTH presentation of
research, and analysis, of the
problem you have identified. In the first instance, this means that
your research must be VERY thorough. So far, every paper requires
more research. For several of you,
I have double checked my instincts on this point to make sure there
are things out there that you have missed, which you have (for the
rest of you, it wasn't just instincts, I KNOW you've missed things).
Some of you are over-relying on secondary sources. You need to do
the case law research and interpretation yourself. Others of you
don't seem to have done more
than minimal law review research. Thus, from the readers'
perspective, your papers create an insecurity about whether they
represent an IN-DEPTH overview of what's out there. This creates a
lack of confidence in your overall product. You do not want this to
happen in practice.
I would then ask you to test yourself on whether everything you
discuss your paper is relevant to your topic, and whether you have
covered all of the bases necessary to ensure sufficient analysis of
the topic (the two sides of the coin).
Organization is a large problem for many of you. In addition, you
need introductory paragraphs when you introduce new sections, thesis
sentences to your paragraphs, and conclusory paragraphs to sections.
Please do not write in passive voice.
I realize that for most of you, this is your first paper-writing
experience. It is a very important experience. By the time you
graduate, you will be expected to do the kind of research and writing
that you are producing for me
in a week, rather than the 14 that we are spending now.
You want to have the confidence to know that you are competent to
produce a product that is well-researched, analyzed and written. It
is the goal of all of your professors, but at the moment me in
particular, that you have those
capabilities and that confidence by the time you graduate. To get there requires some very hard work
between now and the end of the semester.
|
