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Paper Topic Selection and Development Guide: Selecting a Topic

This guide is designed to help law students select and research a topic for their upper level writing requirement.

First Things to Consider

1. Evaluate the time you have to devote to your paper. If you are working, carrying a heavy credit load, have parental obligations, etc., you may not want to choose a topic that will require you to visit an outside library for materials. For example, if you want to write about the economic impact of a trade regulation on foreign investment, you may need access to a business library for financial analytical materials.  If you do not have time to visit other libraries, you may prefer to write a paper about a recent decision or a circuit court split.  The Brooklyn Law School Library will have access to most of your materials if you choose this sort of paper.

2. Try to focus your topic to a defined issue. Selecting an area – even a discreet area – of law to write about is unproductive. You must select and define an issue within a legal topic. For example, you might want to write about human trafficking; however, this topic is too vague. You will need to learn a little bit more about the legal topic before you define your legal issue. In this example, you might focus on effective tactics to counter trafficking in a specific region.

3. Pick a topic that will interest you. You should find something in which you have a natural interest, or is of such general interest that it is regularly reported on in the trade press. It is very rewarding to be writing about current legal issues.

4. The process: You should start by picking a topic that interests you. We recommend reviewing legal periodicals and web databases that organize legal news by topic. Then, we encourage you to set up tracking services to alert you should there be a new case, new development, new law, etc… To help you define your issue, you should review books and law review articles. These type of secondary sources will help you learn the language and teach you about the substantive law.

5. *Most important: If you are not sure how to research your topic, make an appointment with a librarian (askthelibrary@brooklaw.edu) or stop by the reference desk in the library.

Academic Legal Writing: BLS Videos - How Do I Choose a Topic? Research? Develop a Thesis? Avoid Plagiarism?

Note to students who are researching/writing papers for law student writing competitions: Review carefully the description of a competition's topic, student eligibility/authorship criteria, standards for evaluating submissionsformat for submissions (including word minimum/maximum), rules and deadline.  
  • Writing competition rules vary greatly.  Follow a competition's rules to ensure consideration of your submission.    
  • Many writing competitions' rules prohibit the use of all generative artificial intelligence, including large language models, to create any part of a contestant's written submission.  

Scholarly Writing for Law Students

Academic Legal Writing: Law Review Articles, Student Notes, Seminar Papers, and Getting on Law Review (5th ed. 2016) by Eugene Volokh

1 print copy (call #: KF250 .V65 2016) is on Reserve
Contents: Finding what to write about (the claim) -- Test suites : making prescriptive claims more sound -- Writing strategy -- Writing the introduction -- Writing the "background" section -- Writing the proof of the claim -- The conclusion and after the conclusion -- Finishing the first draft, and the zeroth draft -- Tips on researching -- Editing : general principles -- Editing : getting help from your faculty advisor -- Writing : logical problems to watch for -- Writing : paragraph-level problems to watch for -- Writing : sentence/clause problems to watch for -- Writing : word/phrase problems to watch for -- Writing : rhetorical problems to watch for -- Editing exercises -- Using evidence correctly -- Writing and researching : timeline and summary -- A sample highly successful student article -- Turning practical work into articles -- Writing seminar term papers -- Cite-checking others' articles -- Publishing and publicizing -- Entering writing competitions -- Getting on law review -- Academic ethics.

The Legal Scholar's Guidebook (1st ed. c2020) by Elizabeth E. Berenguer

1 print copy of this guidebook (call #: KF250 .B47 2020) is on Reserve.            
Contents:
What in the world should I write about? -- How do I find out what has been said and who has said it? -- How do I know this is worth talking more about? -- Do I really have to read everything that's out there? -- How do I use all this information? -- Putting pen to paper.

Scholarly Writing for Law Students: Seminar Papers, Law Review Notes, and Law Review Competition Papers (5th ed. 2017) by Elizabeth Fajans & Mary R. Falk

The authors of this guide are former BLS faculty. 3 print copies (call #: KF250 .F35 2017) are on Reserve + 1 circulating copy is in Main.
Contents: Introduction: scholarly writing in law school -- Exploration: choosing and narrowing a topic -- Inspiration: finding and developing a thesis -- The mostly research stage -- The writing process: getting it down on paper -- The writing process: revising and polishing -- Footnotes and the ethical use of borrowed materials -- Writing with care -- Writing with style -- The law review process: evaluating and editing the work of others -- Getting mileage: winning awards, publishing your work, and joining the conversation.

Scholarly Writing: Ideas, Examples, and Execution (4th ed. 2025) by Jessica Lynn Wherry & Kristen E. Murray

This is a recently revised guide to the scholarly writing process.  May 12, 2025: BLS Library ordered 2 print copies of this guide for Reserve.  The book distributor anticipates that the Library will receive these copies in mid-June 2025.

Policy: Self Submission of BLS Student Papers through Scholastica

Proxy Instructions

To access many BLS online subscription-based resources from off campus, you must first implement the BLS proxy server instructions on your computer.  After doing this, you will be prompted to enter your BLS username and password.

Author's Profile

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Kathleen Darvil
Contact:
Brooklyn Law School Library

250 Joralemon Street, Rm 207

Brooklyn, NY 11201