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SUGGESTIONS FOR WRITING

Prof. John Lande, University of Missouri-Columbia, School of Law

Relax. Some of you may be anxious because you have not written academic papers for a
while or because English is not your native language. Though writing can be challenging,
it is manageable, particularly if you follow the advice below.

Good writing is important for even short papers, though the format and content varies by
course, type of paper, and instructor. For example there will differences between types of
papers in Program Design and Evaluation, Understanding Conflict, Major Research Paper
classes.

Ask for help from the instructors and clarification about what they expect.

Start your papers early in the semester.

Expect to write at least a rough draft and final draft of most papers -- and plan enough time
for that.

Keep copies of your papers. Regularly back up computer files and keep an extra
electronic and/or hard copy to avoid losing hours of work in case of a computer
crash.


Structuring the Paper

Prepare an outline before you write and perhaps again after writing a draft. This
should help you focus on your main messages. If there is material that does not relate
closely to your main messages, you should probably delete it.

Papers should have a main theme that you identify clearly in the introduction. Focus
on important, interesting, and problematic issues for which there is no obvious right
answer.

Generally, a paper should make a small number of major points. At the beginning
of a paper, identify the main ideas and describe how the paper is structured.

Generally, the paper should take a position. It does not need to be extreme pro or
con -- often it involves some synthesis or qualification.

The most important part is the analysis, not the conclusion. Your major
contribution is to show why your position makes sense. (This is analogous to the
IRAC structure -- issue, rule, analysis, and conclusion except that the rule here
is an issue of dispute resolution theory instead of legal doctrine. For example, the
issue might be how mediators can comply with ethical obligations of impartiality and


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concern about fairness. The rule would be established theoretical principles about
impartiality and fairness. The analysis would use material from actual or simulated
cases or other material to evaluate potential resolutions of the issue. Most issues
will have several plausible resolutions and your paper should identify and analyze
the most important ones. The conclusion would summarize your views about the
best resolution of the issue. You must include citations to statements about
mediation theory, rules, etc.)

Try to avoid making absolute statements and over-generalizations. You can do this by
noting that your conclusion is based on limited observations, identifying your assumptions,
identifying factors that might alter your conclusions, or using qualifying words like
generally.

Anticipate criticisms of your argument and address them. Do not simply assert your
position as if it is obviously correct.

It is fine to criticize some aspect of society, dispute resolution, etc. and recommend some
alternative. To be credible, your critiques and proposals should be based on your analysis
of why the system now operates as it does. Consider that there may be good reasons for
the current system and that your proposals may have problems. For example, if you
propose that a court use ADR procedures, it is helpful to consider why it has not previously
used the procedures, what are the barriers to using the procedures, and how the court
might overcome those barriers.

Use a strong topic sentence for each paragraph to explain the major point of the
paragraph. The topic sentence is usually the first sentence of the paragraph.

Make sure that discussion flows logically. In other words, the reader should understand
easily why point 1 leads to point 2, which leads to point 3 and so on. Writers signal the
structure of the paper by using such signposts as subheads, clear topic sentences,
transitional phrases and sentences, and summaries, as appropriate.


Citing Sources

Use the most persuasive sources you can find to support your argument. Look for authors
or other sources (such as government agencies, businesses, or non-profit organizations)
that are respected authorities. Other things being equal, it is better to cite an article
published in a more prestigious journal than a less prestigious journal. (The prestige of a
general law review roughly corresponds to the law schools US News ranking. See
http://www.usnews.com/usnews/edu/grad/rankings/law/lawindex_brief.php. Specialized
journals, such as those specializing in dispute resolution, may be persuasive even if from a
lower-ranked school.) In general, it is better to cite a book or article than a website, though
some websites may be appropriate, depending on the quality of the website publisher.


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String cites (i.e., citation of a long series of sources) generally is not necessary and should
be used for good, specific reasons.
Ask each instructor about the citation format expected. In general, you should use
bluebook format. (The Bluebook: A Uniform System of Citation, published by the
Harvard Law Review Association, is available at the bookstore.) The most important thing
is to include the major elements of the cite - author, title, citation, and date. Do not worry
about getting every punctuation mark or font correct.

Check every citation. You may not copy a citation from a source without confirming that it
supports the proposition accurately. In other words, if source 1 quotes source 2, you
generally cannot cite source 2 unless you actually look at it yourself and confirm that it
says what you indicate in your paper. If you cannot locate source 2, you may cite it
preceded by the phrase quoted by or cited by source 1.

Remember that a statement is not true simply because you can cite a publication that
makes the statement or a single research study that reaches a conclusion. When you
make a statement in your writing, you take responsibility for the truth that the statement
implies. You can refrain from endorsing a particular statement with introductions such as,
one commentator argues. . . . Although one can use such devices to some extent, your
paper should rely primarily on claims that you do endorse.


Writing Style

Write simply and clearly. Some people believe that complex words impress readers.
Often they have the opposite effect. Also, informal language is usually not appropriate.
You may use it occasionally if it is particularly appropriate; when you do so, you might put
it in quotation marks.

Use the active voice. In other words, you should have an active subject of each sentence
if possible. (For example, Mistakes were made uses the passive voice. How would you
rephrase this using the active voice?)

Use a positive statements whenever appropriate. (How can you improve the following
sentence? The judge did not think that the lawyers argument was very good.)

Use verb tenses consistently. (What is wrong with the following sentence? How would
you correct it? The attorney said that the clients lost confidence in him whereas the
clients say that they are upset that he does not return their phone calls.)

Use parallel construction. (What is wrong with the following sentence? How would you
correct it? A lawyer should not guarantee achieving their clients goals.)



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Use gender-neutral language (i.e., do not always use the male pronoun he or his). You
can do this by using the plural (they), using both pronouns (he or she), or alternating
pronouns so that you use each about half the time.

Follow rules for capitalization (e.g., capitalize proper names or references to specific
officeholders but not generic titles. Thus you should capitalize President Smith or the
President when referring to a specific president (e.g., following an earlier reference to
President Smith) but not a reference to a president that does not refer to a specific one.

Use a spell-checker. Do not embarrass yourself and the instructor with frequent and
obvious spelling errors. You cannot rely exclusively on computers for spell-checking
because these programs do not correct improper use of homonyms (words that sound the
same but are not spelled correctly in context, e.g., their / there and United States / Untied
States). See poem at end of this handout.

Be sure to edit and proofread your paper. Editing is often improved if there is a break
of at least a day between finishing a draft and editing it.

Check with your instructor whether it is permissible to get help from other students.
Even if you get help from other students, most of the work needs to be your own.


Making the Paper Your Own

The goal of your paper is to develop and express your own thoughts.

In some cultures, simply summarizing other material may be considered good scholarship,
e.g., explaining what a statute says. In the US, this is usually just a brief introduction --
and then there should be the main part of the paper presenting and supporting an
argument.

Avoid using a lot of quotations. A paper should not be a long series of quotes strung
together. Instead, generally take ideas and paraphrase them unless the exact wording is
particularly helpful. The goal is to make your own argument building on previous work.


AVOID PLAGIARISM. Read the handbook carefully - especially Plagiarism A
Comment

If you copy the words, use quotation marks or block indentation.

If you paraphrase, you still need to include the citation.

Unintentional plagiarism (good intent) does not eliminate the problem.



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If you do not properly indicate copied words, citing the source is not sufficient.

What is considered as good scholarship outside the US may be considered as
plagiarism in the US.
Some Technical Matters

Number your pages.

Throughout a paper, use formatting consistently including patterns of indenting, centering,
and use of italics, boldface, and underlined fonts.

Generally double-space your papers and leave at least one-inch margins on all sides.

Make the fonts appropriate for the context and large enough to read easily.

Fasten papers securely, preferably with staples rather than paper clips.


Finally, a poem, by way of Ann Landers:

I have a spelling checker,
It came with my PC.
It plainly marks four my revue
Mistakes I cannot sea.
Ive run this poem threw it,
Im sure your please too no.
Its letter perfect in its weigh,
My spelling checker tolled me sew.