law article review sample

Non-extraterritoriality

• Carlos M. Vázquez

Contract-Wrapped Property

• Danielle D’Onfro

Transinstitutional Policing

• Sunita Patel

Dobbs  and Democracy

• Melissa Murray
• Katherine Shaw

The Incompatibility of Substantive Canons and Textualism

• Benjamin Eidelson
• Matthew C. Stephenson

Law Clerk Selection and Diversity: Insights from Fifty Sitting Judges of the Federal Courts of Appeals

• Jeremy D. Fogel
• Mary S. Hoopes
• Goodwin Liu

Precedent, Reliance, and  Dobbs

• Nina Varsava

The Executive Power of Removal

• Aditya Bamzai
• Saikrishna Bangalore Prakash

Pragmatic Family Law

• Clare Huntington

Constitutional Remedies: In One Era and Out the Other

• Richard H. Fallon

• Peer Review System
• Production Service
• OA Publishing Platform
• Law Review System
• Why Scholastica?
• Customer Stories
• eBooks, Guides & More
• Schedule a demo
• Peer Reviewed Journals
• Innovations In Academia
• New Features

Subscribe to receive posts by email

• Legal Scholarship
• Peer Review/Publishing
• I agree to the data use terms outlined in Scholastica's Privacy Policy Must agree to privacy policy.

3 Steps to Writing a Standout Law Review Note

One of the biggest benefits you’ll get from being a member of law review is getting to draft and submit a student note for publication. Writing a law review note, or article that analyzes an original legal issue, presents a hands-on opportunity for you to learn about legal scholarship, improve your chances of being selected for your law review’s executive board, and, if published, to build your resume.

In a previous roundup of law review submission season resources we shared some great articles on writing law review notes. Today we’re highlighting some of the best tips from those articles to help you develop your note - from brainstorming a topic, to evaluating your chosen theme, and preparing your article for submission.

Step 1: Choosing a theme for your note

The first step towards writing a standout law review note is choosing a timely and compelling theme. It’s imperative to begin to weed through possible note ideas from the time you’re selected for law review, and to know how to spot the winners. In her “Guide to Writing a Student Law Review Note” Leora Harpaz, Professor at Western New England College School of Law, outlines advice for choosing a publication-worthy note topic . According to Professor Harpaz your note should:

• Focus on an issue of current legal controversy, such as analyzing conflicting judicial decisions or sound reasoning in consenting or dissenting opinions surrounding a recent court decision
• Address a topic that will not be overly analyzed by the time your note is considered for publication (remember your note may not be published until a year after you start it!)
• Offer original analysis and a novel perspective on an existing legal issue backed by persuasive authorities
• Have a balance between being too broadly and too narrowly focused

Professor Harpaz said one common challenge for student note writers is selecting a topic of brewing or potential controversy in its beginning stages, such as before court decisions have been issued. While early-stage topics are a good option to avoid your note becoming stale, they can also make it more difficult to find support for your argument. Harpaz said students shouldn’t feel that they have to stray away from early-stage topics, but advises students to make sure they have a foundation of solid legal authorities to build upon.

Step 2: Evaluating your law review note topic

Depending on how your law review works, you may have to choose and thoroughly research two note theme ideas and write up a strengths and weaknesses comparison of the topics to be evaluated by your law review board. Other law reviews may not require a topic comparison, but will likely expect note candidates to provide some sort of statement of originality for their note topic and undergo a preemption check to rule out any chance of writing on a theme that’s already been covered. Professor Harpaz offers a thorough explanation of how to evalaluate a note topic to help you get started.

Whether you have to write up a formal note comparison or not, it’s a good idea to have a Plan B in the back of your mind prior to your law review’s preemption process. Though, to ease concerns about your note theme being deemed unoriginal, former editor and member of the note selection committee for the Indiana International & Comparative Law Review , Jonathan Burns said in his experience this is rarely a problem. Burns said most students can be assured that their note theme will be deemed original so long as it’s not a knockoff of another paper or grounded in a general discussion of a well-known topic.

Burns advises students not to get caught up on trying to find a note topic that no one has ever written about, but rather to focus on approaching their chosen theme from a unique angle. As long as your note helps move legal discussion forward, it’s alright if it has been or is being examined by other scholars.

Step 3: Researching and writing your law review note

Once your theme has survived any pre-analysis from your note selection committee, you’re ready to start writing! Where to begin? Everyone has their own process for researching and writing outlines. You’ll of course need to find the method that works best for you.

The good news when starting your note is that you have research to build off of from your topic evaluation! Professor Harpaz suggests following the trail of research listed in the sources you found during your note evaluation in order to delve deeper into your theme. Read all of the cases cited in the primary case law that you are focusing on and do creative searches to find other related source materials. Once you feel you’ve exhausted your research efforts, Harpaz advises students to revisit their original proposed note theme and make any necessary adjustments to it. Your research may lead you in a slightly different direction than expected.

In this early stage of outlining your note you will also want to decide on the style and form your note will take. Will you write a classic case-note or an issue-focused note? Choosing a form for your note up front will help you maintain a steady focus as you organize your final paper. From there you’ll want to start outlining your introduction, main sections, subsections, and conclusion. Be sure to reach out to your editorial board for any internal note writing resources, such as FAQs and tips sheets that you can use to ensure your note organization meets the expectations of your selection committee.

In general, all notes should include four key components, which Jonathan Burns outlines in “How to Write a Law Review Note Worthy of Publication: Writing the Note” : an introduction, objective portion, subjective portion, and a conclusion. Burns advises students to pay special attention to their introduction as it will set the tone of your note for the selection committee. He said a good introduction should not contain ambiguities, but rather clearly state the theme of your note and reveal your conclusion. Don’t worry about foreshadowing here! The revelation readers get at the end of your paper should not be what your conclusion is but rather the journey you took to get there.

Do you have any tips for writing a law review note to share? We’d love to hear them on Twitter at @scholasticaLR!

Related Posts

Right to life and police use of lethal force: Interview with Mitchell Crusto

Over a thousand people are killed by fatal force in the US every year. Yet, according to Mitchell Crusto, professor of law at Loyola University New Orleans College of Law, despite the high number of fatal police shootings officers are rarely prosecuted. In this interview, Crusto discusses his research on the use of fatal force and proposals for stronger regulation.

Treating the Law as a Transaction: Interview with David Driesen

David Driesen, Professor at Syracuse University College of Law, explores the dangers of allocative efficiency, which can lead to avoidance of systemic risks and long-term consequences.

A New Kind of Law School Casebook: Interview with Joanna Sax

A casebook publisher for the digital age, ChartaCourse offers customizable digital concept charts that contain all the information found in traditional casebooks.

What Legal Scholars Are Writing About: 2023 Edition

It's that time again — we're ready to look back at trending topics in legal scholarship throughout the year. This blog post highlights the 25 most-used keywords for articles accepted via Scholastica in 2023 (January 1st to present) and some notable new and forthcoming related pieces.

Human or machine error?: The legality of electronic health records

Deborah Farringer, assistant professor of law at Belmont University College of Law, discusses her recent article on Electronic Health Record vendor liability and whether EHR vendors are being held accountable for how their software impacts the quality of patient care.

When victims of harassment fall victim to the legal system: Interview with Leora Eisenstadt and Deanna Geddes

Leora Eisenstadt, assistant law professor at Temple University, discusses her research on flaws in the way the legal system handles assault and harassment cases, which cause many victims to feel suppressed from seeking justice, and ways to bring about reform.

Researching and Writing a Law Review Note or Seminar Paper: Outline & Guide Information

• Outline & Guide Information
• Research Tips
• Resources You Can Use for Topic Selection
• Advice for Preemption & Research
• Secondary & Primary Sources for Preemption & Research
• Citation Management Tools
• Law Library Logistics
• Citation Manuals
• Hard-to-Find and Hard-to-Cite-Sources
• Bluebook Guides
• Advice: Choosing Journals, Submission Process, Evaluating Offers, Retaining Author Rights
• Choosing Journals Resources
• Submission Services & Information for NYU Students
• Legal Writing Competitions

Guide Outline

The links below can be used to navigate to various tabs in this guide. Several individual pages may be found beneath the main tabs.

• Outline & Guide Information
• Selecting a Topic
• Preemption & Research Sources
• Tools to Organize Research
• Writing Guides
• Legal Writing Contests

For a video guide on choosing Note and Paper Topics, see here  (NYU login required).

Scope of Guide & Advisory Note

This guide is selective and not comprehensive and should be used as a starting point for further research.

Inclusion of a link to a website or to other material in this research guide should not be interpreted as an endorsement of the accuracy or currency of the material on the website. Moreover, no information in this research guide should be interpreted as legal advice.

Additional assistance can be obtained at the Reference desk .

This guide provides links to a variety of databases, several of which are limited to NYU Law faculty and students. Information for NYU Law students and faculty on obtaining passwords for Westlaw, Lexis Advance and Bloomberg is available here . 

• Next: Research Tips >>
• Last Updated: Jan 16, 2024 5:03 PM
• URL: https://nyulaw.libguides.com/lawreviewarticle

Secondary Sources: ALRs, Encyclopedias, Law Reviews, Restatements, & Treatises

Legal encyclopedias, law review articles, american law reports, restatement drafts, getting help, introduction.

Secondary sources are a great place to begin your research . Although the primary sources of law--case law, statutes, and regulations--establish the law on a given topic, it is often difficult to quickly locate answers in them. Secondary sources often explain legal principles more thoroughly than a single case or statute, so using them can help you save time . Secondary sources also help you avoid unnecessary research, since you're tapping into work that someone else has already done on an issue.

Secondary sources include:

• Legal encyclopedias
• American Law Reports (ALR)
• Law review articles

Restatements

Secondary sources are particularly useful for:

• Learning the basics of a particular area of law
• Understanding key terms of art in an area
• Identifying essential cases and statutes

This guide provides a basic overview of each source, including their strengths and why you might use them, as well as tips on finding, using, and citing them.

This guide is based on material written by Deanna Barmakian.

This guide is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License .

You may reproduce any part of it for noncommercial purposes as long as credit is included and it is shared in the same manner. 

Intro to Legal Encyclopedias

Legal encyclopedias contain brief, broad summaries of legal topics, providing introductions to legal topics and explaining relevant terms of art.They also provide citations to relevant primary law and sometimes give citations to relevant major law review articles.

There are two main legal encyclopedias in the United States that are national in scope. They are useful, but not well-suited for jurisdiction specific research.

State legal encyclopedias provide background and explanations of state legal topics. Not every state has a legal encyclopedia. Depth of coverage and quality vary. State encyclopedia articles are updated irregularly.

Electronic versions of the encyclopedias are updated directly. If using a print encyclopedia, always remember to check the pocket parts for any updates.

National Legal Encyclopedias

• American Jurisprudence 2d (AmJur) Reading Room KF 154.A42 Am Jur 2d articles summarize broad principles of U.S. law and provide citations to cases, statutes, rules, forms, and A.L.R. annotations. A six-volume general index is located at KF 154.A42. Topical indexes are located in the last volume of every topic.
• American Jurisprudence Available on Lexis
• American Jurisprudence on Westlaw
• Corpus Juris Secundum (CJS) Reading Room KF 154.C56 This 152-volume set is arranged into approximately 400 topics. Articles within topics begin with a general rule of law and are followed by the exceptions and qualifications to that general rule. A four-volume general index is located at KF 154.C56. There are also individual indexes for each major topic.
• Corpus Juris Secundum on Westlaw CJS is not available on Lexis.

State Legal Encyclopedias

Legal encyclopedias are listed alphabetically by state. Electronic versions are included only if they are comprehensive in scope.

For a few states, Westlaw offers a practice series that contains selective coverage of state law, usually covering a few major topics and information useful to litigators. To find them, browse the Westlaw directory by U.S. State Materials > Other U.S. States > State name >  Forms, Treatises, CLEs, and Other Practice Materials, then browse the page for "practice series."

• California Jurisprudence 3d Reading Room KFC 80 .C29
• Summary of California Law Reading Room KFC 80 .W5
• California Jurisprudence 3d (Westlaw)
• Summary of California Law (Lexis) Available on Lexis
• Summary of California Law (Westlaw)
• Colorado Law Annotated 2d Reading Room KFC 1880 .P76
• Florida Jurisprudence 2d Reading Room KFF 80 .F56
• Florida Jurisprudence 2d (Lexis) Available on Lexis
• Florida Jurisprudence 2d (Westlaw)
• Georgia Jurisprudence Reading Room KFG 80 .G45
• Georgia Jurisprudence (Westlaw)
• Illinois Law and Practice Reading Room KFI 1265 .I44x
• Illinois Jurisprudence (Lexis) Available on Lexis
• Illinois Law and Practice (Westlaw)
• Indiana Law Encyclopedia Reading Room KFI 3065 .W44
• Indiana Law Encyclopedia (Westlaw)
• Louisiana Civil Law Treatise Reading Room, KFL 92 - 583 (call numbers vary)
• Louisiana Civil Law Treatise (Westlaw)
• Maryland Law Encylopedia Reading Room KFM 1265 .W4x
• Maryland Law Encyclopedia (Westlaw)
• Michigan Law and Practice Encyclopedia Reading Room KFM 4265 .M63x
• Michigan Law and Practice (Lexis) Available on Lexis
• Michigan Civil Jurisprudence (Westlaw)
• Dunnell Minnesota Digest (Lexis) Available on Lexis
• Encyclopedia of Mississippi Law Reading Room KFM 6665 .E53x
• Summary of Mississippi Law Reading Room KRM 6665 .G7
• New Hampshire Practice Reading Room KFN 1280 .N48
• New Jersey Practice Reading Room KFN 1880 .N4
• New Jersey Practice (Westlaw)
• New York Jurisprudence 2d Reading Room KFN 5065 .N48
• New York Jurisprudence 2d (Lexis) Available on Lexis
• New York Jurisprudence 2d (Westlaw)
• Strong's North Carolina Index Reading Room KFN 7445 .6 .S82
• Strong's North Carolina Index (Westlaw)
• Ohio Jurisprudence 3d Reading Room KFO 65 .O35
• Ohio Jurisprudence 3d (Lexis) Available on Lexis
• Ohio Jurisprudence 3d (Westlaw)
• Pennsylvania Law Encyclopedia Reading Room KFP 65 .P46x
• Pennsylvania Law Encyclopedia (Lexis) Available on Lexis
• Summary of Pennsylvania Jurisprudence 2d (Westlaw)
• South Carolina Jurisprudence Reading Room KFS 1865 .S68x
• South Carolina Jurisprudence (Westlaw)
• Tennessee Jurisprudence Reading Room KFT 65 .T46
• Tennessee Jurisprudence (Lexis) Available on Lexis
• Texas Jurisprudence 3d Reading Room KFT 1265 .T49
• Texas Jurisprudence 3d (Lexis) Available on Lexis
• Texas Jurisprudence 3d (Westlaw)
• Michie's Jurisprudence of Virginia and West Virginia Reading Room KFV 2465 .M52
• Michie's Jurisprudence of Virginia and West Virginia (Lexis) Available on Lexis

How to Cite Legal Encyclopedias

See Bluebook B8.15 and Rule 15.8.

Quick example:

17 AM. JUR. 2d Contracts § 74 (1964).

Intro to Treatises

Treatises , not to be confused with treaties , are book-length expositions on the law as it pertains to a particular subject. Treatises may be scholarly in nature, such as Blackstone’s Commentaries on the Law , or they may be geared toward a legal practitioner, such as a manual or handbook.

A legal treatise may be a short, single volume or a large, multivolume set. Many are available electronically as well as in print. Different kinds of treatises have different purposes:

Legal hornbooks are designed as teaching tools for law students. Hornbooks provide more detailed treatments of particular areas of law than an encyclopedia or ALR entry. They generally contain summaries of landmark cases and other useful details.

Nutshells provide an overview of a legal topic without the detailed analysis or extensive case referencing found in other treatises.

Some treatises are designed to serve as practitioners’ tools. These works tend to address realistic legal problems and often provide useful features for practicing lawyers, such as forms and tables.

Looseleaf services are an example of treatises designed to serve as tools for practitioners. Such works address realistic legal problems and often provide useful features for practicing lawyers, such as forms and tables. Looseleaf services are frequently supplemented treatises--hence the looseleaf binder format that enables single pages to be easily updated without republishing the entire volume--that often contain primary legal sources and finding aids in addition to secondary analytical material, making them an invaluable resource if one exists for your topic.

Still other treatises are designed to serve as self-help publications for the public, such as those published by Nolo Press .

Finding treatises

There are several ways to locate legal treatises:

• Use the HLS Library Guide to Legal Treatises by Subject for librarian-recommended treatises in many areas of law
• Do a keyword or subject search in Hollis , Hollis Classic , or another library catalog . Use the expanded search or facets to limit your search to the law school library.
• Ask a research librarian to help you locate treatises on your topic
• Consult reference sources that review treatises by subject such as:

The Legal Information Buyer's Guide and Reference Manual by Ken Svengalis Legal Information: How to Find It, How to Use It by Kent C. Olson (note: this guide does not include single volume works) Legal Looseleafs in Print by Arlene Eis

Using treatises

Using legal treatises is like using any non-law book with a few special advisories.

First, as with any book, use the table of contents and the index to quickly locate relevant sections .

Second, remember that for a publication to provide reliable coverage of contemporary issues, it must be updated regularly and accurately to reflect any changes in the law . Updating may happen through the addition of pocket parts (which are usually tucked in a pocket in the back cover of a volume), by updated pages in a looseleaf, or periodic republication or an entire volume. Researchers should always make sure they are working with the most current edition of the treatise and be sure to consult pocket parts.

Third, while many treatises are still only available in print, more treatises are becoming available online . For example, major treatises on insurance law are available in both Lexis and Westlaw. Electronic versions of treatises allow for full text searching, which can be valuable for research. For more focused search results, consider narrowing your search to relevant sections, if possible. In many cases, you can still access the tables of contents and indexes to help locate chapters or sections of interest.

Remember that you can (and should!) check to see how current the electronic text is by clicking the I link next to the title of the treatise to see how regularly it is updated and when the last update took place.

How to Cite Treatises

See Bluebook Rule 15.

RICHARD H. FALLON, JR. ET AL., HART AND WECHSLER'S THE FEDERAL COURTS AND THE FEDERAL SYSTEM 330 (5th ed. 2003).

Intro to Law Review Articles

Law review or journal articles are another great secondary source for legal research, valuable for the depth in which they analyze and critique legal topics, as well as their extensive references to other sources, including primary sources.

Law reviews are scholarly publications, usually edited by law students in conjunction with faculty members. They contain both lengthy articles and shorter essays by professors and lawyers, as well as comments, notes, or developments in the law written by students. Law review articles often focus on new or emerging areas of law and they can offer more critical commentary than a legal encyclopedia or ALR entry .

Some law reviews are dedicated to a particular topic, such as gender and the law or environmental law, and will include in their contents the proceedings of a wide range of panels and symposia on timely legal issues.

Sources of full text law review articles

These resources all provide comprehensive coverage of United States law reviews, and allow you to search the full text of the articles that they index.

• Bloomberg Law Bloomberg Law is available to all HLS students, faculty, and staff. Register with your HLS email address. Law reviews are included in Bloomberg Law's selection of secondary sources.
• HeinOnline Law Journal Library Database of full text, PDF law review articles; use advanced search to search by topic or search specific titles. HeinOnline is the most comprehensive law review articles database, as coverage begins with the first issue of each journal.
• LexisNexis U.S. Law Reviews and Journals, Combined Combined full text database of United States Law Reviews and Bar Journals. Coverage begins in 1982; regular updates as received from publishers. Lexis also contains databases for Canadian law reviews articles and law review articles by jurisdiction and topic.
• Westlaw Journals & Law Reviews Journals and Law Reviews contains full text documents from law reviews and CLE materials from U.S. and Canadian based publications. Coverage varies by publication with most going back to the 1980s or 1990s.

Indexes to law reviews and journals

These resources only index articles, usually by author, title, keywords, and subject; you will have to find the full text separately. However, they provide additional ways of searching, including taking advantage of subject indexing by expert librarians, and they enable finding material that may not be found in full text databases. In most cases, there will be a link to find the article you desire at Harvard. If we do not own the journal in question, you may request the article via interlibrary loan .

• Current Index to Legal Periodicals A weekly publication by the University of Washington Library, CILP indexes the most recent law review and journal publications by subject as well as provides the tables of contents of the journals indexed. Also available on Westlaw and in print in the reference room at K 33 .C86.
• Index to Foreign Legal Periodicals IFLP indexes legal literature worldwide, covering all forms of foreign law, including comparative law and legal systems, such as Islamic law; socialist law; public and private international law; and transnational commercial law. Although Anglo-American law is not covered, British and American publications concerning foreign law are included. IFLP includes journal articles, congress reports, essay collections, yearbooks and book reviews in all languages. Coverage begins in 1985.
• Index to Legal Periodicals, Retrospective (1908 - 1981) This retrospective database indexes over 750 legal periodicals published in the United States, Canada, Great Britain, Ireland, Australia and New Zealand. Annual surveys of the laws of a jurisdiction, annual surveys of the federal courts, yearbooks, annual institutes, and annual reviews of the work in a given field or on a given topic will also be covered.
• Index to Legal Periodicals and Books (1981 - ) ILP indexes articles in over 800 legal periodicals such as law reviews, bar association journals, yearbooks, institutes, and government publications from August 1981 to the present. In 1994, ILP began indexing legal books and now indexes approximately 2,000 per year. ILP can be searched simultaneously with ILP Retrospective (see next link) through the open database selection area link.

• Index to Canadian Legal Literature (Westlaw) ICLL is a periodical index and bibliography of Canadian legal literature from 1985 to present. ICLL indexes monographs, essays, federal and provincial government publications, publications of law faculties and legal research institutes and associations, including theses, publications from the law societies and associations, legal education materials, and more. Also available in print in the reference room at KE 1 .I532 2001
• Nineteenth Century Masterfile Jones & Chipman's Index to Legal Periodical Literature covers the content of about 235 British legal periodicals and 67 Law Report titles from 1786-1937. Jones & Chipman is available as part of 19th Century Masterfile, a collection of indexes covering 19th century periodicals and newspapers. Also available in print in the Library at Reference K 33 .I53. more... less... Help Searching
• Legal Journals Index (Westlaw) Legal Journals Index provides citations to articles in over 450 legal journals published in the United Kingdom and other European countries from 1986 to the present. The index covers topics pertaining to the laws of the European Union and its member states. Citations include abstracts and links to the full-text of the article and referenced cases when available. Also available in print in the reference room at KD 59 .L44.

Working Paper Repositories

Working papers are an additional source of secondary analysis. They are frequently draft or pre-publication versions of law review articles, though you will also find published versions of articles in these databases. When citing or relying on a draft paper, be sure to carefully check its citations and request the author's permission before citing.

• SSRN Legal Scholarship Network Contains both published and working papers by law faculty, as well as scholars working in the fields of accounting, economics, financial economics, and management. Search by author and by title and abstract keywords. Most papers are available for download in pdf format.
• BePress Legal Repository Contains approximately 3000 articles and papers by law faculty.

How to Cite Law Review and Journal Articles

See Bluebook Rule 16.

Quick example: Paul Butler et. al., Race, Law and Justice: The Rehnquist Court and the American Dilemma, 45 Am. U. L. REV. 567, 569 (1996).

Intro to ALR

American Law Reports (frequently abbreviated and referred to as ALR) contains in-depth articles on narrow topics of the law. ALR articles, called annotations, provide background, analysis, and citations to relevant cases, statutes, law review articles, and other annotations .

ALR is published in series:

• two series under its original title Lawyers Reports Annotated
• eight ALR series, one through six
• two federal series

ALR annotations are not jurisdiction specific. Each annotation contains a Table of Jurisdictions to help you find relevant cases within specific states. In the federal series, the Table of Jurisdictions directs you to cases by circuit.

All ALR series continue to be updated, though not on a regular schedule. When using the set in print, always check the pocket parts for updates. ALR is also available in both Lexis and Westlaw, and the electronic versions incorporate updates into the text. ALR annotations can also be completely superceded by more recent annotations. Electronic versions will provide referrals to the superceding annotations, but in print, you should check the History Table at the end of the ALR Index to verify that your annotation has not been superceded.

Find relevant annotations by using the print indices or searching the ALR databases in Lexis or Westlaw. When using ALR electronically, it is most efficient to look for your terms in the titles of the annotations, since their titles are specific, and reflect their contents.

Finding ALR in print and online

• ALR on Westlaw Contains the full text of the annotations included in the First, Second, Third, Fourth, Fifth, Sixth, Federal, and Federal Second series of American Law Reports (ALR) and the Index to Annotations covering these series. Because West publishes ALR, this is the most comprehensive electronic version.

• The ALR Index is located in the Reading Room at KF 132.2.I53. It covers annotations written since 1948.
• The ALR Quick Index is located in the Reading Room at KF 132.6.A543. It covers major annotations from the ALR 3d series to the present.

How to Cite ALR Annotations

See Bluebook Rule 16.6.6

William B. Johnson, Annotation, Use of Plea Bargain or Grant of Immunity as Improper Vouching for Credibility of Witness in Federal Cases, 76 A.L.R. FED. 409 (1986).

Intro to Restatements

Restatements are highly regarded distillations of common law . They are prepared by the American Law Institute (ALI), a prestigious organization comprising judges, professors, and lawyers. The ALI's aim is to distill the "black letter law" from cases to indicate trends in common law, and occasionally to recommend what a rule of law should be. In essence, they restate existing common law into a series of principles or rules.

Restatements cover broad topics, such as Contracts or Property. They are organized into chapters, titles, and sections. Sections contain a concisely stated rule of law, comments to clarify the rule, hypothetical examples, explanation of purpose, as well as exceptions to the rule.

Restatements are not primary law. Due to the prestige of the ALI and its painstaking drafting process, however, they are considered persuasive authority by many courts. The most heavily cited Restatements are the Restatement of Torts and the Restatement of Contracts.

The ALI web site contains information regarding Restatement projects, ALI membership, history and institutional processes.

Finding Cases Discussing Restatements

Annotations of cases citing a Restatement section can be found in the Appendix volumes the Restatements in print. There may be one or many Appendix volumes. They are organized by Restatement series, (i.e. citations to the first Restatement, then second, etc.), then by section number. Appendices are not cumulative. The spines indicate sections and years covered. They are updated with pocket parts, cumulative annual supplements, and semiannual pamphlets called Interim Case Citations. The same case annotations are available when using the Restatements on LexisNexis or Westlaw.

You can Shepardize a Restatement section on LexisNexis using the following formats. Note that Bluebook citation format for Restatements, or permutations thereof, will not work.

• torts second sec. 46
• property second (donative transfers) sec 25.9
• conflict of laws second sec. 6
• contracts second sec. 35 cmt. d illus. 7

You can also KeyCite a Restatement section on Westlaw using the following formats. Note that KeyCite finds significantly more citing material than Shepard's for Restatements. (See the KeyCite Publications List for additional help with citation format.)

• rest agen s 1
• rest 2d contr s 3
• rest 2d prop-lt s 1.1
• rest 3d trusts-pir s 170

Current Restatements

Listed below are print editions of the Restatements and their locations in the library. Restatements are also available on both Lexis and Westlaw:

Restatements on LexisNexis Rules (along with comments, illustrations, and notes) are searchable in separate sources from case citations. This makes searching for relevant rules very efficient on LexisNexis. Case citations are linked from individual rules. Browse tables of contents or search by keyword. Restatement drafts are in separate sources from final versions of Restatements. The first series of Restatements is not available on LexisNexis.

Retreiving Restatement sections using Get a Document is not intuitive. Search for restatement in the Get a Document Citation Formats list to determine the proper format.

Restatements on Westlaw All series of Restatements are available on Westlaw. Browse tables of contents or search by keyword. Searching the Restatements on Westlaw can be problematic, because multiple series as well as selected drafts are combined into one database along with case citations to all of them, e.g. Torts first, second, and the topic-specialized Torts third series along with citations to all series are in one database. This can make keyword searching inefficient unless you use a fielded search or use the Table of Contents mode to search within a particular Restatement. Examine your search results carefully to ensure you are looking at the current version of a rule. If a rule has been superceded, there will be note above the rule text indicating this.

Retrieving Restatement sections using Find is somewhat intuitive. The format mimics the database ID. See the listed format for KeyCite below; they will also work for Find. For a complete list of Restatement retrieval formats, search the Find Publications List for restatement. 

• Agency 2d Reading Room KF 1345 .A764
• Agency 3d Reading Room KF 1345 .A764
• Conflict of Laws 2d Reading Room KF 411 .A453
• Contracts 2d Reading Room KF 801 .R47
• Foreign Relations Law of the United States 3d Reading Room KF 4651 .A748x
• Judgments 2d Reading Room KF 8990 .R48
• Law Governing Lawyers 3d Reading Room KF 300 .R47
• Property Reading Room KF 570 .A73
• Property, Donative Transfers 2d Reading Room KF 613 .R47
• Property, Landlord and Tenant 2d Reading Room KF 590 .A84
• Property, Mortgages 3d Reading Room KF 695 .R49
• Property, Servitudes 3d Reading Room KF 656 .R475x
• Property, Wills and Other Donative Transfers 3rd Reading Room KF613 .R479x
• Restitution: Quasi Contracts & Constructive Trusts Reading Room KF 1244 .R46x
• Security Reading Room KF 1050 .A745
• Suretyship and Guaranty 3d Reading Room KF 1045 .R463x
• Torts 2d Reading Room KF 1249 .A4 R47
• Torts, Apportionment of Liability 3d Reading Room KF 1249 .A4 R4774x
• Torts, Liability for Physical and Emotional Harm 3d Reading Room KF1286 .R473x
• Torts, Products Liability 3d Reading Room KF 1296 .R476x
• Trusts 2d Reading Room KF 730 .A8
• Trusts 3d Reading Room KF 730 .R4763x
• Trusts, Prudent Investor Rule 3d Reading Room KF 730 .R4725
• Unfair Competition 3d Reading Room KF 3195 .R475x

Restatements in Draft Status

For more information about the drafting process, see the Restatements Drafts sub-tab.

• Employment Law 3d (discussion draft) Reading Room KF3319 .R473x
• Restitution and Unjust Enrichment 3d (tentative draft) Reading Room KF 1244 .R463x
• Torts, Economic Torts and Related Wrongs 3d This project began in 2010; there are no drafts yet.
• U.S. Law of International Commercial Arbitration 3d

How to Cite Restatements

See Bluebook Rule 12.8.5

RESTATEMENT (THIRD) OF PROP.: DONATIVE  TRANSFERS § 2 (2000).

• Liability for Economic Harm (tentative draft) (Torts 3d)

The Drafting Process

For a short overview of the drafting process for a Restatement, see How the ALI Works .

Parties Involved

• ALI Officers: a group of approximately ten, including the Chair of the Council, President, Vice Presidents, Treasurer, Director, and Deputy Directors
• ALI Council: an elected, standing group of approximately sixty judges, professors, and lawyers
• Reporter: Head of the Restatement project appointed by the ALI Officers and Council, responsible for drafting the language of the Restatement
• Advisers: Group of professors and lawyers (usually 12-30 for a Restatement) with subject expertise appointed to advise the Reporter
• Members Consultative Group: Groups of ALI members (usually 50-75 for a Restatement) interested in the topic of a Restatement who wish to offer input
• ALI Membership: a approximately 3000 ALI members who discuss and ocasionally vote on Restatement language at annual meetings; membership gives input only near the end stages of the drafting process

Drafting Process

The following process typically takes between 9 and 21 years:

• A Reporter is appointed by the Council
• The Reporter divides the project into parts that go through the following process separately:
• The Reporter writes a preliminary draft
• The Preliminary draft is sent to the Advisers and the Members Consultative Group
• The Advisers and Members Consultative Group recommend revisions
• The Reporter, at his/her discretion, makes the revisions
• The draft goes back and forth between the Advisers and the Reporter and a series of revised preliminary drafts are made
• The Reporter and Advisers send a council draft to the Council of the Institute
• The Council suggests revisions
• The Reporter is somewhat obliged to make the suggested revisions
• The draft goes back and forth between the Advisors and the Council and a series of council drafts are made
• The Council presents a tentative draft to the ALI membership
• The draft goes back and forth between the Council and the Membership and a series of tentative drafts are made
• Issues surrounding the draft settle and a proposed final draft is usually created
• The proposed final draft (or last tentative draft) is submitted to the ALI Membership at the annual meeting
• The Membership and the Council approve the proposed final draft
• The Restatement is adopted and promulgated and the official text of the Restatement is published

Other ALI-authored works, such as Uniform Commercial Code articles, are created in a similar process. If you want assistance locating materials relating to non-Restatement ALI projects, please ask a research librarian .

TRACING THE HISTORY AND DEVELOPMENT OF RESTATEMENT SECTIONS

Legal researchers sometimes need to trace the historical development of a Restatement section, the impetus for its inclusion, which section of a prior Restatement it derived from, or how it came to be worded a certain way.

For many sections, Reporter's notes explain the development of a section, often explaining earlier versions and citations to cases that were used as the basis for the rule. Reporters notes can be found in the Appendix volumes of individual Restatements.

To trace how the text changed during the drafting process, you can compare various drafts: the tentative drafts, council drafts, preliminary drafts and proposed final drafts. Each draft has its own record in the library catalog. Use the Title Keywords search in  Hollis Classic --for example, search  restatement torts --to locate them. Drafts are also available in the microform set Archive Publications described below.

Some Restatement volumes contain conversion tables. These tables indicate where sections of drafts or sections from earlier series were included in the final, adopted version of a Restatement.

Although some Restatements are designated 2d or 3d, there are not always antecedents. For instance, the Restatement of the Law Governing Lawyers is a Restatement of the Law Third, but there has never been a first or second Restatement of the Law Governing Lawyers.

• The Proceedings of the Annual Meeting of the American Law Institute Available online from 1997 Available on Westlaw from 2000 For additional and older material, see: Reading Room KF 294 .A5 A3 Microform Room Drawer 812 An excellent research tool for those tracing the development of a Restatement section. The ALI has published the Proceedings annually since 1923, except for 1945-1955. The Proceedings contain reports to ALI members, Reporter presentations, transcripts of discussions of drafts, the text of proposed amendments, and include an index of sections discussed. For the years 1945-1955, the Proceedings are only available in the Archive Publications set described below.
• The ALI Reporter Available online from 1999 Reading Room KF 200 .A455 The ALI's quarterly newsletter contains the latest information about ALI projects, meetings, and members, including reports on actions taken on drafts and the full text of chapters approved for discussion at the annual meeting with revisions explained.
• Archive Publications Microfilm Room KF 294.A5 A43, Drawers 963-965 A microfiche set containing the text of of Restatements, all drafts, and ALI Proceedings from annual meetings for the years that were not officially published, 1945-55. It also contains drafts of four Restatement projects that were terminated before completion. The set is arranged by Restatement, by section, and chronologically. Coverage starts with the founding of the ALI in 1923. All drafts produced for ALI projects are added to this set a few years after the project is completed or terminated. There is a print guide to this microfiche collection in the Microform Room at KF 294 .A5 A43.
• American Law Institute Archives Finally, there is a well-indexed, comprehensive collection of the American Law Institute Archives at the Biddle Law Library of the University of Pennsylvania. The archive contains drafts, comments, and correspondence related to ALI projects.

Determining the Current Status of Restatement Drafts

The American Law Institute is continually working on Restatements and other projects. Researchers are often interested in determining whether a Restatement has become final, or what stage the drafting process has reached. The following tools can help answer those questions, as well as provide a history of the development of ALI projects.

• ALI Catalog of Publications The catalog contains information about draft content and authorship. It mentions which portions of Restatements are superceded or in development.
• Annual Report of the ALI Director The Annual Report summarizes work contemplated, underway, and completed during the year on various Restatements. Available online from 1999. Reports 1988-1998, are available in the Reading Room KF 294 .A5 A14 .
• Proceedings of ALI Annual Meetings The Proceedings contain proposed amendments, an index of sections discussed, and records of discussions. Meetings take place in May and the Proceedings are usually available by March or April of the following year. Available online from 1997 Available on Westlaw from 2000 For additional and older material, see: Reading Room KF 294 .A5 A3 Microform Room Drawer 812

Contact Us!

  Ask Us!  Submit a question or search our knowledge base.

Chat with us!  Chat   with a librarian (HLS only)

Email: [email protected]

 Contact Historical & Special Collections at [email protected]

  Meet with Us   Schedule an online consult with a Librarian

Hours  Library Hours

Classes  View  Training Calendar  or  Request an Insta-Class

 Text  Ask a Librarian, 617-702-2728

 Call  Reference & Research Services, 617-495-4516

• Last Updated: Sep 12, 2023 10:46 AM
• URL: https://guides.library.harvard.edu/law/secondary

Harvard University Digital Accessibility Policy

• PRO Courses Guides New Tech Help Pro Expert Videos About wikiHow Pro Upgrade Sign In
• EDIT Edit this Article
• EXPLORE Tech Help Pro About Us Random Article Quizzes Request a New Article Community Dashboard This Or That Game Popular Categories Arts and Entertainment Artwork Books Movies Computers and Electronics Computers Phone Skills Technology Hacks Health Men's Health Mental Health Women's Health Relationships Dating Love Relationship Issues Hobbies and Crafts Crafts Drawing Games Education & Communication Communication Skills Personal Development Studying Personal Care and Style Fashion Hair Care Personal Hygiene Youth Personal Care School Stuff Dating All Categories Arts and Entertainment Finance and Business Home and Garden Relationship Quizzes Cars & Other Vehicles Food and Entertaining Personal Care and Style Sports and Fitness Computers and Electronics Health Pets and Animals Travel Education & Communication Hobbies and Crafts Philosophy and Religion Work World Family Life Holidays and Traditions Relationships Youth
• Browse Articles
• Learn Something New
• Quizzes Hot
• This Or That Game New
• Train Your Brain
• Explore More
• Support wikiHow
• About wikiHow
• Log in / Sign up
• Education and Communications
• Critical Reviews

How to Write an Article Review

Last Updated: September 8, 2023 Fact Checked

This article was co-authored by Jake Adams . Jake Adams is an academic tutor and the owner of Simplifi EDU, a Santa Monica, California based online tutoring business offering learning resources and online tutors for academic subjects K-College, SAT & ACT prep, and college admissions applications. With over 14 years of professional tutoring experience, Jake is dedicated to providing his clients the very best online tutoring experience and access to a network of excellent undergraduate and graduate-level tutors from top colleges all over the nation. Jake holds a BS in International Business and Marketing from Pepperdine University. There are 13 references cited in this article, which can be found at the bottom of the page. This article has been fact-checked, ensuring the accuracy of any cited facts and confirming the authority of its sources. This article has been viewed 3,088,764 times.

An article review is both a summary and an evaluation of another writer's article. Teachers often assign article reviews to introduce students to the work of experts in the field. Experts also are often asked to review the work of other professionals. Understanding the main points and arguments of the article is essential for an accurate summation. Logical evaluation of the article's main theme, supporting arguments, and implications for further research is an important element of a review . Here are a few guidelines for writing an article review.

Education specialist Alexander Peterman recommends: "In the case of a review, your objective should be to reflect on the effectiveness of what has already been written, rather than writing to inform your audience about a subject."

Things You Should Know

• Read the article very closely, and then take time to reflect on your evaluation. Consider whether the article effectively achieves what it set out to.
• Write out a full article review by completing your intro, summary, evaluation, and conclusion. Don't forget to add a title, too!
• Proofread your review for mistakes (like grammar and usage), while also cutting down on needless information. [1] X Research source

Preparing to Write Your Review

• Article reviews present more than just an opinion. You will engage with the text to create a response to the scholarly writer's ideas. You will respond to and use ideas, theories, and research from your studies. Your critique of the article will be based on proof and your own thoughtful reasoning.
• An article review only responds to the author's research. It typically does not provide any new research. However, if you are correcting misleading or otherwise incorrect points, some new data may be presented.
• An article review both summarizes and evaluates the article.

• Summarize the article. Focus on the important points, claims, and information.
• Discuss the positive aspects of the article. Think about what the author does well, good points she makes, and insightful observations.
• Identify contradictions, gaps, and inconsistencies in the text. Determine if there is enough data or research included to support the author's claims. Find any unanswered questions left in the article.

• Make note of words or issues you don't understand and questions you have.
• Look up terms or concepts you are unfamiliar with, so you can fully understand the article. Read about concepts in-depth to make sure you understand their full context.

• Pay careful attention to the meaning of the article. Make sure you fully understand the article. The only way to write a good article review is to understand the article.

• With either method, make an outline of the main points made in the article and the supporting research or arguments. It is strictly a restatement of the main points of the article and does not include your opinions.
• After putting the article in your own words, decide which parts of the article you want to discuss in your review. You can focus on the theoretical approach, the content, the presentation or interpretation of evidence, or the style. You will always discuss the main issues of the article, but you can sometimes also focus on certain aspects. This comes in handy if you want to focus the review towards the content of a course.
• Review the summary outline to eliminate unnecessary items. Erase or cross out the less important arguments or supplemental information. Your revised summary can serve as the basis for the summary you provide at the beginning of your review.

• What does the article set out to do?
• What is the theoretical framework or assumptions?
• Are the central concepts clearly defined?
• How adequate is the evidence?
• How does the article fit into the literature and field?
• Does it advance the knowledge of the subject?
• How clear is the author's writing? Don't: include superficial opinions or your personal reaction. Do: pay attention to your biases, so you can overcome them.

Writing the Article Review

• For example, in MLA , a citation may look like: Duvall, John N. "The (Super)Marketplace of Images: Television as Unmediated Mediation in DeLillo's White Noise ." Arizona Quarterly 50.3 (1994): 127-53. Print. [10] X Trustworthy Source Purdue Online Writing Lab Trusted resource for writing and citation guidelines Go to source

• For example: The article, "Condom use will increase the spread of AIDS," was written by Anthony Zimmerman, a Catholic priest.

• Your introduction should only be 10-25% of your review.
• End the introduction with your thesis. Your thesis should address the above issues. For example: Although the author has some good points, his article is biased and contains some misinterpretation of data from others’ analysis of the effectiveness of the condom.

• Use direct quotes from the author sparingly.
• Review the summary you have written. Read over your summary many times to ensure that your words are an accurate description of the author's article.

• Support your critique with evidence from the article or other texts.
• The summary portion is very important for your critique. You must make the author's argument clear in the summary section for your evaluation to make sense.
• Remember, this is not where you say if you liked the article or not. You are assessing the significance and relevance of the article.
• Use a topic sentence and supportive arguments for each opinion. For example, you might address a particular strength in the first sentence of the opinion section, followed by several sentences elaborating on the significance of the point.

• This should only be about 10% of your overall essay.
• For example: This critical review has evaluated the article "Condom use will increase the spread of AIDS" by Anthony Zimmerman. The arguments in the article show the presence of bias, prejudice, argumentative writing without supporting details, and misinformation. These points weaken the author’s arguments and reduce his credibility.

• Make sure you have identified and discussed the 3-4 key issues in the article.

Sample Article Reviews

Expert Q&A

You Might Also Like

• ↑ https://writing.wisc.edu/handbook/grammarpunct/proofreading/
• ↑ https://libguides.cmich.edu/writinghelp/articlereview
• ↑ https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4548566/
• ↑ Jake Adams. Academic Tutor & Test Prep Specialist. Expert Interview. 24 July 2020.
• ↑ https://guides.library.queensu.ca/introduction-research/writing/critical
• ↑ https://www.iup.edu/writingcenter/writing-resources/organization-and-structure/creating-an-outline.html
• ↑ https://writing.umn.edu/sws/assets/pdf/quicktips/titles.pdf
• ↑ https://owl.purdue.edu/owl/research_and_citation/mla_style/mla_formatting_and_style_guide/mla_works_cited_periodicals.html
• ↑ https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4548565/
• ↑ https://writingcenter.uconn.edu/wp-content/uploads/sites/593/2014/06/How_to_Summarize_a_Research_Article1.pdf
• ↑ https://www.uis.edu/learning-hub/writing-resources/handouts/learning-hub/how-to-review-a-journal-article
• ↑ https://writingcenter.unc.edu/tips-and-tools/editing-and-proofreading/

About This Article

If you have to write an article review, read through the original article closely, taking notes and highlighting important sections as you read. Next, rewrite the article in your own words, either in a long paragraph or as an outline. Open your article review by citing the article, then write an introduction which states the article’s thesis. Next, summarize the article, followed by your opinion about whether the article was clear, thorough, and useful. Finish with a paragraph that summarizes the main points of the article and your opinions. To learn more about what to include in your personal critique of the article, keep reading the article! Did this summary help you? Yes No

• Send fan mail to authors

Reader Success Stories

Prince Asiedu-Gyan

Apr 22, 2022

Did this article help you?

Sammy James

Sep 12, 2017

Juabin Matey

Aug 30, 2017

Oct 25, 2023

Vanita Meghrajani

Jul 21, 2016

Featured Articles

Trending Articles

Watch Articles

• Terms of Use
• Privacy Policy
• Do Not Sell or Share My Info
• Not Selling Info

wikiHow Tech Help Pro:

Develop the tech skills you need for work and life

Seminar Paper Research

• Topic Selection
• Preemption Checking
• Guides to Academic Legal Writing
• Interdisciplinary Research
• Evaluating Authority
• Writing the Abstract
• Problems in Constitutional Law Seminar Resources
• Food Law and Policy
• Gender and Criminal Justice Resources
• Equality and Sports

Tips for Writing an Abstract

The abstract is a succinct description of your paper, and the first thing after your title that people read when they see your paper. Try to make it capture the reader's interest.

Outline of Abstract:

Paragraph 1

• Sentence 1: One short sentence, that uses active verbs and states the current state of things on your topic.
• Sentence 2: Describe the problem with the situation described in sentence one, possibly including a worst-case-scenario for what will happen if things continue in their current state.
• Sentence 3: In one sentence, describe your entire paper--what needs to be done to correct the problem from Sentence 1 and avoid the disaster from Sentence 2?
• Sentence 4: What has been written about this? If there is a common consensus among legal scholars, what is it? (Note any major scholars who espouse this vision).
• Sentence 5: What are those arguments missing?

Paragraph 2 :

• Sentence 1-3: How would you do it differently? Do you have a theoretical lens that you are applying in a new way? 
• Sentence 4: In one sentence, state the intellectual contribution that your paper makes, identifying the importance of your paper.

(from " How to Write a Good Abstract for a Law Review Article ," The Faculty Lounge, 2012).

Sample Student Abstracts

The following abstracts are from student-written articles published in Law Reviews and Journals. These abstracts are from articles that were awarded a Law-Review Award by Scribes: The American Society of Legal Writers . You can find more examples of student-written articles by searching the Law Journal Library in HeinOnline for the phrase "J.D. Candidate."

Mary E. Marshall, Miller v. Alabama and the Problem of Prediction, 119 Colum. L. Rev. 1633 (2019) .

Joseph DeMott, Rethinking Ashe v. Swenson from an Originalist Perspective, 71 Stan. L. Rev. 411 (2019)

Julie Lynn Rooney, Going Postal: Analyzing the Abuse of Mail Covers Under the Fourth Amendment, 70 Vand. L. Rev. 1627 (2017).

Michael Vincent, Computer-Managed Perpetual Trusts, 51 Jurimetrics J. 399 (2011).

Other research guides.

NYU Researching & Writing a Law Review Note or Seminar Paper: Writing

The Writing Process

• << Previous: Evaluating Authority
• Next: Outline >>
• Last Updated: Jan 25, 2024 3:32 PM
• URL: https://guides-lawlibrary.colorado.edu/c.php?g=1112479

The Tech Edvocate

• Advertisement
• Home Page Five (No Sidebar)
• Home Page Four
• Home Page Three
• Home Page Two
• Icons [No Sidebar]
• Left Sidbear Page
• Lynch Educational Consulting
• My Speaking Page
• Newsletter Sign Up Confirmation
• Newsletter Unsubscription
• Page Example
• Privacy Policy
• Protected Content
• Request a Product Review
• Shortcodes Examples
• Terms and Conditions
• The Edvocate
• The Tech Edvocate Product Guide
• Write For Us
• Dr. Lynch’s Personal Website
• The Edvocate Podcast
• Assistive Technology
• Child Development Tech
• Early Childhood & K-12 EdTech
• EdTech Futures
• EdTech News
• EdTech Policy & Reform
• EdTech Startups & Businesses
• Higher Education EdTech
• Online Learning & eLearning
• Parent & Family Tech
• Personalized Learning
• Product Reviews
• Tech Edvocate Awards
• School Ratings

5 Ways to Enable JavaScript

How to praise and worship god: 10 steps, how to tie kilt shoes: 7 steps, 3 ways to get a refund for late packages, sample persuasive letter to your professor, how to wear fishnets elegantly: 11 steps, 3 ways to increase estrogen levels for fertility, 3 simple ways to become a jungian analyst, how to appear less vulnerable: 10 steps, 3 simple ways to change a gas bottle, how to write an article review (with sample reviews)  .

An article review is a critical evaluation of a scholarly or scientific piece, which aims to summarize its main ideas, assess its contributions, and provide constructive feedback. A well-written review not only benefits the author of the article under scrutiny but also serves as a valuable resource for fellow researchers and scholars. Follow these steps to create an effective and informative article review:

1. Understand the purpose: Before diving into the article, it is important to understand the intent of writing a review. This helps in focusing your thoughts, directing your analysis, and ensuring your review adds value to the academic community.

2. Read the article thoroughly: Carefully read the article multiple times to get a complete understanding of its content, arguments, and conclusions. As you read, take notes on key points, supporting evidence, and any areas that require further exploration or clarification.

3. Summarize the main ideas: In your review’s introduction, briefly outline the primary themes and arguments presented by the author(s). Keep it concise but sufficiently informative so that readers can quickly grasp the essence of the article.

4. Evaluate the strengths and weaknesses: In subsequent paragraphs, assess the strengths and limitations of the article based on factors such as methodology, quality of evidence presented, coherence of arguments, and alignment with existing literature in the field. Be fair and objective while providing your critique.

5. Discuss any implications: Deliberate on how this particular piece contributes to or challenges existing knowledge in its discipline. You may also discuss potential improvements for future research or explore real-world applications stemming from this study.

6. Provide recommendations: Finally, offer suggestions for both the author(s) and readers regarding how they can further build on this work or apply its findings in practice.

7. Proofread and revise: Once your initial draft is complete, go through it carefully for clarity, accuracy, and coherence. Revise as necessary, ensuring your review is both informative and engaging for readers.

Sample Review:

A Critical Review of “The Effects of Social Media on Mental Health”

Introduction:

“The Effects of Social Media on Mental Health” is a timely article which investigates the relationship between social media usage and psychological well-being. The authors present compelling evidence to support their argument that excessive use of social media can result in decreased self-esteem, increased anxiety, and a negative impact on interpersonal relationships.

Strengths and weaknesses:

One of the strengths of this article lies in its well-structured methodology utilizing a variety of sources, including quantitative surveys and qualitative interviews. This approach provides a comprehensive view of the topic, allowing for a more nuanced understanding of the effects of social media on mental health. However, it would have been beneficial if the authors included a larger sample size to increase the reliability of their conclusions. Additionally, exploring how different platforms may influence mental health differently could have added depth to the analysis.

Implications:

The findings in this article contribute significantly to ongoing debates surrounding the psychological implications of social media use. It highlights the potential dangers that excessive engagement with online platforms may pose to one’s mental well-being and encourages further research into interventions that could mitigate these risks. The study also offers an opportunity for educators and policy-makers to take note and develop strategies to foster healthier online behavior.

Recommendations:

Future researchers should consider investigating how specific social media platforms impact mental health outcomes, as this could lead to more targeted interventions. For practitioners, implementing educational programs aimed at promoting healthy online habits may be beneficial in mitigating the potential negative consequences associated with excessive social media use.

Conclusion:

Overall, “The Effects of Social Media on Mental Health” is an important and informative piece that raises awareness about a pressing issue in today’s digital age. Given its minor limitations, it provides valuable

3 Ways to Make a Mini Greenhouse ...

3 ways to teach yourself to play ....

Matthew Lynch

Related articles more from author.

How to Dispute an Eviction: 14 Steps

How to Become a Better Lover

How to Repurpose Old VHS Tapes: 11 Steps

How to Make Fluffy Pancakes: 14 Steps

How to Auto-Share WhatsApp Status as a Facebook Story

How to Massage a Cockatiel: 14 Steps

Writing a law school research paper or law review note

• Books and articles

Examples of student papers

The three documents listed below were written by 2Ls for the Indiana International & Comparative Law Review. If you are writing for a seminar or an independent study, your parameters might be a little different, but these serve as good examples of general expectations for what can satisfy the advanced writing requirement.  

• Ancient Water Law in a Modern Crisis: An Analysis of Australian Water Law Reform in the United States Context
• Seizing the Initiative on Sexual Assault in the United States Military: The Way Forward
• Striking a Balance: Extending Minimum Rights to U.S. Gig Economy Workers Based on E.U. Directive 2019/1153 on Transparent and Predictable Working Conditions
• << Previous: Books and articles
• Last Updated: Jul 29, 2022 11:08 AM
• URL: https://law.indiana.libguides.com/c.php?g=1071346

Generic Law Review Article Template

This is a generic template for a law review article. It is modeled after the Word law review article template that Eugene Volokh created. This template, in addition to converting the coding from Word to LaTeX, adds some features. It includes the option of having multiple authors, using a table of contents, and including an abstract. The code indicates how to modify the template for an article with multiple authors and how to remove the table of contents, the abstract, or both. While there have been a few attempts to create a package that will automatically format citations using the Bluebook style, they have not gone very far or been very successful. So, you are left on your own. I have given examples in the text of how to use LaTeX codes to achieve the Bluebook style, which may help guide you. These should help you with most of the typesetting styles you need, and you can use the Bluebook to determine the particular requirements for a cite.

Have you checked our knowledge base ?

Message sent! Our team will review it and reply by email.

April 4th-13th: The Library Student Survey is active!

All students should have received an e-mail invitation to take the survey with the subject line “Your Opinion Matters: Take the Library Student Survey!”

Please take a moment to fill out this short, anonymous survey and help us improve library services.

Legal Citation Guide: Law Review Articles

• U.S. Constitution
• Law Review Articles

A law review article is essentially a scholarly article about a legal issue or topic. Therefore, they are cited the same way your citation style recommends citing journal articles. See below for examples from APA, MLA, and Chicago style.

HPU Libraries subscribes to  HeinOnline,  which contains  a collection dedicated to full-text law review articles.

APA and MLA Style

Author(s). (Year of Publication). Title of article: Subtitle of article.  Journal Title in Italics,  volume number (issue number), page numbers. https://doi.org/10.xxxxxxxxxx

Reference list:

Fee, J. (2020). The freedom of speech-conduct. Kentucky Law Journal, 109 (1), 81-126.

In-text:  (Fee, 2020)

Note:  If there is no DOI listed and the article was retrieved online, include the URL. Do not, however, include URLS to library databases or any subscription not accessible to your reader. In this case, just leave off this part and format it as a print article.

Lastname, Firstname, MI. “Article Title.”  Journal Title in Italics , vol. #, no. #, Season Publication Date, Page(s).  Title of Database,  URL.

Works Cited:

Fee, John. "The Freedom of Speech-Conduct." Kentucky Law Journal , vol.109, no.1, 2020,

pp.81-126.  HeinOnline , https://heinonline-org.libproxy.highpoint.edu/HOL/P?

h=hein.journals/kentlj109&i=91.

In-text:  (Fee 112)

Tips & FAQs

Q. Are law reviews primary or secondary sources?

A. Law review articles are considered secondary sources, as they are analyzing and interpreting the law. Statutes and case documents are considered primary sources.

For academic citation styles, be sure to spell out the name of the journal in which the article appears (you may see them abbreviated in strict Bluebook  examples).

Chicago Style

Lastname, Firstname, MI. "Article Title." Journal Title in Italics volume #, no. # (Publication Date): Page(s). Accessed month day, year. URL.

Bibliography:

Fee, John. "The Freedom of Speech-Conduct."  Kentucky Law Journal  109, no. 1 (2020): 81-126.

Accessed June 28, 2021. https://heinonline-org.libproxy.highpoint.edu/HOL/P

?h=hein.journals/kentlj109&i=91.

1. John Fee, "The Freedom of Speech-Conduct,"  Kentucky Law Journal  109, no. 1 (2020):

81-126, accessed June 28, 2021. https://heinonline-org.libproxy.highpoint.edu/HOL/P

• << Previous: Statutes
• Last Updated: Oct 23, 2023 1:28 PM
• URL: https://guides.highpoint.edu/legal_citation

Home > FACW > FACSCH > Law Reviews & Other Academic Journals

Articles in Law Reviews & Other Academic Journals

The Articles in Law Reviews and Other Academic Journals Series presents scholarly articles written by Washington College of Law faculty and staff and published for academic readership.

Submissions from 2025 2025

Gen Y More Black Corporate Directors , Chaz Brooks

Submissions from 2024 2024

Regulating Fintech: A Harm Focused Approach , Hilary J. Allen

Deconstructing Burglary , Ira P. Robbins

Submissions from 2023 2023

Reevaluating Regional Law Reform Strategies After Dobbs , Jamie Abrams

DeFi: Shadow Banking 2.0? , Hilary J. Allen

Interest Rates, Venture Capital, and Financial Stability , Hilary J. Allen

Regulatory Innovation and Permission to Fail: The Case of Suptech , Hilary J. Allen

Regulatory Managerialism Inaction: A Case Study of Bank Regulation and Climate Change , Hilary J. Allen

The Court and the Private Plaintiff , Elizabeth Beske

A Critical Jeffersonian Mind for a Community Reinvestment Bind , Chaz Brooks

Comments on Federal Trade Commission Non-compete Ban Proposed Rule, Matter No. P201200 , Chaz D. Brooks

Reconstruction's Lessons , Susan D. Carle

The Failed Idea of Judicial Restraint: A Brief Intellectual History , Susan D. Carle

Securing Patent Law , Charles Duan

Raising the Threshold for Trademark Infringement Protect Free Expression , Christine Haight Farley and Lisa P. Ramsey

Digital Habit Evidence , Andrew Guthrie Ferguson

Reforming World Bank Dispute Resolution: ICSID in Context , Susan Franck

The Mifepristone Litigation: Untangling the Implications of the Fifth Circuit's Decision for Abortion Access and the U.S. Food and Drug Administration , Claudio Grossman, Patricia J. Zettler, Eli Y. Adashi, and I Glenn Cohen

Freedom Not to See a Doctor: The Path Toward Over-The-Counter Abortion Pills , Lewis Grossman

Future-Proofing U.S. Laws for War Crimes Investigations in the Digital Era , Rebecca Hamilton

Ukraine's Push to Prosecute Aggression: Implications for Immunity Ratione Personae and the Crime of Aggression , Rebecca Hamilton

Law Schools Should Take on Students' Mental Health and Substance Use from Day One , David Jaffe

Fixing a Broken Character Evaluation Process , David Jaffe and Janet Stearns

The Ripple Effects of Dobbs on Health Care Beyond Wanted Abortion , Maya Manian

The Values-Based Trade Agenda , Fernanda Giorgia Nicola Dr. and Michelle Egan

James Oakes's Treatment of the First Confiscation Act in Freedom National: The Destruction of Slavery in the United States, 1861-1865 , Angi Porter

Fleeing the Land of the Free , Jayesh Rathod

Affirmatively Resisting , Ezra Rosser

Natural Law, Assumptions, and Humility , Ezra Rosser

Navajo Statehood: From Domestic Dependent Nation to 51st State , Ezra Rosser

Writer's Block: The Art of Discovery: Part 1 , David Spratt

Corporate Consolidation of Rental Housing & the Case for National Rent Stabilization , Brandon Weiss

Submissions from 2022 2022

What Inclusive Instructors Do Book Review , Jamie Abrams

On the Misuse of Regressions of Price on the HHI in Merger Review , Jonathan Baker

Charting a Course past Spokeo and TransUnion , Elizabeth Earle Beske

Litigating the Separation of Powers , Elizabeth Earle Beske

Why the U.S. Founders' Conceptions of Human Agency Matter Today: The Example of Senate Malapportionment , Susan D. Carle

Rules of Engagement: Copyright and Automated Gatekeepers' Influence on Creative Expression , Michael W. Carroll

The Perils of Private Prosecutions , Angela J. Davis

Guardianships vs. Special Needs Trusts, and Other Protective Arrangements: Ensuring Judicial Accountability and Beneficiary Autonomy , Robert Dinerstein, Frank A. Johns, and Patricia E. Kefalas Dudek

It's Not Child's Play: A Regulatory Approach to Reforming American Youth Sports , N. Jeremi Duru

For Grand Juries , Roger Fairfax

Interrogating the Nonincorporation of the Grand Jury Clause , Roger Fairfax

Why Digital Policing is Different , Andrew Ferguson

Courts Without Court , Andrew Guthrie Ferguson

Persistent Surveillance , Andrew Guthrie Ferguson

Epidemics and International Law: The Need for International Regulation , Claudio Grossman

In Memoriam Professor Emeritus Egon Guttmon , Claudio Grossman, Walter A. Effross, and David V. Synder

Academy on Human Rights and Humanitarian Law Articles on Human Rights and States of Emergency: Unexpected Crisis and New Challenges: Prologue , Claudio Grossman and Robert K. Goldman

Page 1 of 41

Advanced Search

Notify me of New Papers

• Pence Law Library
• Washington College of Law
• Legal Repositories
• Legal Scholarship Blog
• Collections
• Disciplines

Author Corner

Home | About | FAQ | My Account | Accessibility Statement

Privacy Copyright

American University Washington College of Law

How to Write Law/Legal Articles (Structure & Format to Use)

How to Write Law Articles : Writing law article is a very demanding undertaking. Law is not a general field; therefore there are some peculiarities ascribable to it. A writer who seeks to write law article must be well grounded in law, particularly on the topic or area intended to be written on. Just like every other article, a law article must have purpose and direction. It must as well have a target audience. These two preliminaries are the crossways to a good law article.

Recommended: How to answer Law questions excellently.

Table of Contents

How to Write a Legal/Law Article (Structure and Format to Follow)

The Preliminaries: A writer is usually motivated to write on a particular topic by a reason or reasons. These reasons constitute the purpose and direction of the article. This raises the question as to what exactly the writer intends to achieve by the writing. The writer may have been motivated to develop an appraisal on a particular topic, and this is usually the case, because an appraisal permits the writer to assess the totality an applicability of the intended principles and then develop their personal opinion on them, after which the writer recommends solutions or alternatives if any.

All these are firstly considered in the preliminary stage. Another important consideration in the preliminary stage is the audience. Every piece of writing has a targeted audience. It is the category of audience borne in mind by the writer that inspires the language of the article and sometimes the purpose and direction too.

Also see: How to become a successful lawyer

Abstract: An abstract is an abridgement or summary of a longer publication. A proper law article must have an abstract. The abstract should come immediately after the title. It is under the abstract that the writer gives a brief overview of the content and purpose of the article. The abstract must bear the readers in mind in such a way that after perusing through the abstract, the reader should have a clue of the article’s purpose and direction.

An abstract must not be long. It is necessary to draft an abstract before writing the rest of the article. The draft abstract can always be reviewed from time to time before publication. Some writers may however find it more preferable to complete the article first before writing the abstract. This is also not a bad practice.

Here is an example of what an abstract should look like. – “ In this article the writer considered the relevance of adoption laws in protecting the interest of the adopted child. The article went further to highlight areas which though may have been intended by the legislature to sanctify the adoption procedures, actually occasions in justice against the adoptive parents. Relevant case laws and statutory authorities were cited to juxtapose the positions, and finally, the writer thereon proffers solutions which stand a better practice in the contemporary human existence” .

Recommended: Best time to read and understand effectively

The body/content of the article: In a law article, an abstract do not qualify as an introduction. The introduction should come first under the body of the article. It is under the introductory stage that the writer lays adequate foundation on the topic being written on. The introduction may include definition of terms, prior and present positions of the law, identification of issues, etc.

After the introductory stage, the analysis stage follows. It is under this stage that the writer begins to tackle the issues raised during the introduction. The analysis must be presented smoothly, systematically and logically in order to carry the audience along. The analysis stage should discuss the relevant principles of the law in details. The analysis stage can as well include statistics gathered by the writer which can be used to illustrate the practicality of principles or for any purpose relevant to the article.

Recommended: Differences Between a Law and a Policy

The use of Authorities: in law, it is the practice that salient principles of law must be backed up with authorities. A law principle not supported by an authority is viewed as a mere opinion and as such, weight is attached to it at the discretion of the reader. In the order of strength and precedence, legal authorities include; the provisions of any domestic or domesticated enactment, case laws, law dictionaries, foreign laws and cases, obiter dictum and comments by legal authors.

These authorities can be employed by the writer in any stage of writing; whether the introductory stage, analysis stage or conclusion. Every legal article must be backed up with authorities. Where authorities are cited by the writer, their citations must be provided correctly and positioned appropriately. For the case laws, the proper citation should include the case’s citation in the law report (the report name, volume, and year).

Comments made by legal authors should be cited with the name of the author together with the occasion or the piece where the comment was made, and also the year or edition. The authorities cited must wear a different body from other contents of the article. Authorities are to be specifically highlighted either by Capitalization, italics, bold, or the combination of any.

Recommended: Top 10 Law firms in the world

Conclusion: Having shown full working in the analysis stage, the conclusion stage warps up the entire piece of work. At the conclusion stage, the writer provides the answer to the issues raised in the introductory stage. It is under this stage that the writer proffer solutions to the problems identified.  Also it is under this stage that the writer makes clear his own view or position on the topic discussed.

This stage must as well resolve the questions raised in the mind of the readers in the course of their reading the article. The conclusion stage need not necessarily be long. At the conclusion stage, readers will always refer back to the title of the article to observe whether the purpose and direction of the article was actually achieved. The conclusion stage is not optional for a law article; it is compulsory.

Also see: Advantages and Disadvantages Of Being A Famous/Popular Person

Other contemporary issues

Language : it is best for the language of a law article to be simple. This is especially if the target audience includes the larger society. Simplicity in language enhances readability and clarity, and the attainment of the purpose and direction of the article.

Simplicity of language does not extinguish the use of legal jargons. When legal jargons are used, it should be specifically highlighted by the use of italics. Where the jargon employed is not a regular one, it may be necessary to add its meaning to the footnote. In all, it would be a very stressful task for your readers to frequently consult the dictionary while reading your article.

Paragraphing: a law article must observe the rule of paragraphing. Proper paragraphing is very important in law writing. Paragraphing improves the readability of the work, makes the work neat, and also steers and sustains the interest of the reader. In law articles, the writer’s main points are highlighted in paragraphs.

Also see: Most Capitalist Countries In The World

Plagiarism: just like in every other academic piece, plagiarism must be totally avoided. Plagiarism is an academic offence of copying another’s work or ideas and presenting them as one’s own without acknowledging the original owner or source.

To avoid plagiarism, all the writer is required to do is to properly cite the source of the information presented.

Review: a law article must undergo several revisions before publication. The review should relate to the general context, grammar, choice of words, professionalism, citation, structure, readability, purpose attainment actualization of the target audience and perception.

Recommended: Countries with the best judicial system in the world

Writing a legal article is a tedious exercise. It demands intensive and extensive research, and then several drafts upon drafts of the article’s compilation. Purpose and direction is very much emphasized on in a law article because its relevance is a sustenance technique which permeates through all of the stages.

Edeh Samuel Chukwuemeka, ACMC, is a lawyer and a certified mediator/conciliator in Nigeria. He is also a developer with knowledge in various programming languages. Samuel is determined to leverage his skills in technology, SEO, and legal practice to revolutionize the legal profession worldwide by creating web and mobile applications that simplify legal research. Sam is also passionate about educating and providing valuable information to people.

Share this:

• Click to share on Twitter (Opens in new window)
• Click to share on Facebook (Opens in new window)
• Click to print (Opens in new window)
• Click to email a link to a friend (Opens in new window)
• Click to share on LinkedIn (Opens in new window)
• Click to share on WhatsApp (Opens in new window)

1 thought on “How to Write Law/Legal Articles (Structure & Format to Use)”

Thank you very much for this. It really is easy to understand and full of knowledge.

Leave a Comment Cancel Reply

Your email address will not be published. Required fields are marked *

Save my name, email, and website in this browser for the next time I comment.

Notify me of follow-up comments by email.

Notify me of new posts by email.

The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

• Editorial Independence
• Volokh Daily Email

Randy Kozel on the Law of En Banc Review

A welcome paper analyzing the practice of en banc review on the federal circuit courts..

Jonathan H. Adler | 4.6.2024 11:52 PM

When should circuit courts grant en banc review to panel decisions? Is it enough that a majority of judges on the court think that a given three-judge panel was wrong? Or are there some panel decisions that are "wrong, but not en-banc-worthy" ? And to what extent should en banc review be used to resolve circuit splits?

Notre Dame law professor Randy Kozel has a new paper examining enbanc review. The paper, "Going En Banc" is forthcoming in the  Florida Law Review (and is now available on SSRN ). As described in the abstract, the article "examines the law of en banc review in the federal courts of appeals" and "explores key doctrinal questions and advances a theory that maintains the primacy of three-judge panels by focusing the en banc process on a specialized set of institutional tasks."

Like some judges, the Professor Kozel concludes that en banc review should reflect something more than a concern that a panel erred. Here is his conclusion:

En banc courts are vast in power but limited in purview. The argument for en banc review is strongest in the face of a conflict between courts. Absent a conflict, judges should be reluctant to go en banc based on disapproval of a panel's conclusion. Disagreement alone isn't enough to rev up the engine of en banc review, for the en banc tribunal is something other than a "hybrid intermediate court." Off-panel judges should invoke the en banc process sparingly, and only after careful consideration of the economic, relational, and structural consequences. It is the rare case that warrants en banc review, and the rarest of the rare that does so in the absence of a conflict among courts.

For those interested in the work of federal appellate courts, this article is definitely worth a read.

Milei Sets Aside Dollarization Plan Due to Politics

Katarina Hall | 4.9.2024 2:49 PM

How Obama Gave Trump the 'Military-Age Males' Talking Point

Matthew Petti | 4.9.2024 1:45 PM

Congress Could Overturn a New Rule Limiting Credit Card Late Fees. Good.

Eric Boehm | 4.9.2024 12:35 PM

A New York Housing Grand Bargain?

Christian Britschgi | 4.9.2024 11:10 AM

Try, Try Again

Liz Wolfe | 4.9.2024 9:30 AM

Recommended

How does RI's 'open records' law shield state secrets? Political Scene counts the ways

Don't just tell us Rhode Island's open-records law is "famously flawed." Show us.

So wrote a reader named "Judy" after The Journal ran a front-page story on March 21 on the concerted effort by Gov. Dan McKee − and his lawyers and lieutenants − to kill legislation removing the vagaries and loopholes in the state's Access to Public Records Act that allow bureaucrats to keep the public's business secret.

Show, don't tell? No problem. The examples are legion, from then-Treasurer Gina Raimondo 's refusal to make public the due-diligence reports on her hedge fund gamble to the McKee administration's refusal to give then-Senate Oversight Chairman Louis DiPalma copies of the "ILO" subpoenas.

It took a directive from the attorney general − in response to appeals by The Journal and WPRI − to get the McKee administration to make public an email detailing the behavior of the state's then-property management director, David Patten , during a day trip to Philadelphia .

In that email, the principals of Scout Ltd. detailed Patten's allegedly rude, "sexist" and "racist" comments , freebie-grabbing activities and demands for what turned into a $250 lunch at a Michelin star restaurant that wasn't normally open for lunch. ("Well you can call in a favor if you want $55M in funding.")

The attorney general's office saw no reason to keep the whole embarrassing episode a state secret. The disclosures led to an Ethics Commission investigation. Following that investigation, Patten, who no longer works for the state, agreed two weeks ago to pay a $5,000 fine.

The Journal is currently appealing for Washington Bridge records

The Rhode Island Department of Transportation is currently refusing to provide The Journal with 640 emails turned over to the U.S. Department of Justice that might shed additional light on why the westbound span of the Washington Bridge was in such bad condition.

RIDOT, which has provided "exemption logs" in the past with detailed accounts of withheld documents, did not do so in this case.

The emails were all withheld in bulk, under the blanket exemption (RIGL 38-2-2 II (K) ) for: "Preliminary drafts, notes, impressions, memoranda, working papers, and work products."

Interpreted broadly, every email − in fact, almost every government document − can be withheld under that exemption, even though these were work-related emails to and from RIDOT to its employees, consultants, the Cardi Corp. and the Federal Highway Administration.

Appeal? It's in the works.

Some version of this rinse-repeat, rinse-repeat scenario plays out frequently, with government officials refusing to release documents that would shed light on how Rhode Island government operates, or making access to these records so expensive that they become inaccessible.

How does the current public records law falls short?

We asked Steven Brown , executive director of the ACLU of Rhode Island, and John Marion , director of Common Cause Rhode Island, for examples of what isn't working.

There isn't enough room for their responses, but this is Brown's "favorite," which he equates to sending a "Dear John" letter without paying for postage:

A 2014 opinion by then-Attorney General Peter Kilmartin 's office says "that public bodies can charge members of the public for the time it takes to compose a letter denying an open records request."

Got it? They can charge for a denial letter.

Here, the denial – and the $15 charge – came in response to a request for Bureau of Criminal Identification (BCI) and personnel records for an individual in the state fire marshal’s office.

On appeal, Kilmartin's office reasoned that, if public agencies can charge for "search and retrieval," they can also charge for the time it takes to say no.

Brown, at the time, said it represented "a new low" in interpreting open-records law.

More examples of public records hurdles

Common Cause's Marion had a ready-at-hand list of other real life public records issues that the legislation − introduced in the House by Rep. Patricia Serpa and in the Senate by DiPalma − seeks to address (and the legislation's proposed fixes):

• Alex Nunes at The Public’s Radio received more than 300 pages of almost fully redacted legal bills submitted by Westerly Town Council legal counsel Bill Conley to the town during a shoreline access dispute. The basis for the redaction? A very broad reading of an exemption for records relating to the attorney-client relationship.
• PROPOSED FIX: Narrow the exemption to documents not just "related" to an attorney-client relationship, such as a government paid bill, but those traditionally covered by "privilege."
• Katie Mulvaney of The Providence Journal was stymied by the Rhode Island State Police in obtaining documents detailing the alleged misconduct of a former Rhode Island State Police lieutenant colonel.
• PROPOSED FIX: Make it clear that the names of police officers who have engaged in the kind of misconduct that requires disclosure to defense counsel in criminal cases (the so-called "Giglio rule") are public.
• Dimitri Lyssikatos , co-founder of the Rhode Island Accountability Project, hit a wall seeking Narragansett Police Department records on the results of all internal affairs investigations between 2015 and 2018. "Even though the Rhode Island Supreme Court made clear in two decisions that these are public records, activists have had difficulty accessing them, " Marion said. Attorney General Peter Neronha 's office seemingly ruled in Lyssikatos' favor, and he did get some redacted records, but the ACLU blasted Neronha's office for a ruling so narrow that it "makes it more difficult for the public to monitor allegations of misconduct by police officers in the state."
• PROPOSED FIX : Remove any doubt that final reports of internal police misconduct investigations are public records with redactions allowed for certain "identifying information."
• Senator DiPalma, as well as various media outlets, tried and failed to get copies of the subpoenas in the investigation of the ILO education consulting contract , worth a potential $5.2 million, which was awarded by the McKee administration and drew scrutiny because the firm's leaders had ties to McKee and a competing bid was considerably lower.
• PROPOSED FIX: Require the disclosure of subpoenas issued to government entities or officials unless barred by a court order.
• Antonia Noori Farzan of The Journal was denied access to the names of individuals given “ preferred license plates ," aka low-numbered plates, through the governor’s office.
• PROPOSED FIX: Ensure that the names of owners of low-numbered license plates cannot be withheld by the Division of Motor Vehicles.

More: RI's governor can give out low-numbered plates. Why won't the state tell us who has them?

What is a 'reasonable charge' for public records?

Fees can also be a hurdle in obtaining public records.

After the closure of the westbound Washington Bridge, NBC 10's Brian Crandall requested all emails from Dec. 8, 2023, through Dec. 15 between RIDOT and the governor's office related to the bridge's closure. The governor's office advised him it located "approximately 810 potentially responsive documents," which would take an estimated 67.5 hours to search, retrieve, review and, potentially, redact.

But he would have to pre-pay $1,012.50 to get the unseen documents, as the governor's office has argued that the state's APRA law, as it stands, allows a "reasonable charge" for the search and retrieval of records.

PROPOSED FIX: Waive all fees if release of the information requested would be in the public interest, meaning: "It is likely to contribute significantly to public understanding of the operations or activities of the government."

More: The Journal fought for these Washington Bridge emails. Now you can read them.

What else do the APRA reformers want to do? A lot.

The legislation seeks to make 47 changes − some big, some only technical − to the current Access to Public Records Act. Among the other proposed changes:

• Limit the current exemption for emails and other communications to and from "elected officials" to communications that have "no demonstrable connection to the exercise of official acts or duties."
• Require disclosure of police body-worn camera footage of incidents involving alleged use of force within 30 days of a request, with the possibility of a 20-day extension if a Superior Court judge decides that earlier release "would substantially interfere with completion of its investigation."
• Prohibit public bodies from entering into contractual confidentiality agreements that conflict with APRA or from allowing private parties to make determinations as to which records are confidential.
• Provide two free hours of "search and retrieval" time − instead of one hour − before the potential $15-an-hour fee kicks in.
• Provide two free hours for redacting records − and prohibit charging any amount for a government employee to write a denial letter.
• Require agencies to specify and/or provide an "exemption log" detailing which documents they withhold and why.

Trending News

Related Practices & Jurisdictions

• Labor & Employment
• Administrative & Regulatory
• All Federal

As summer looms near, employers of salaried workers would be wise to prepare for anticipated increases to the salary basis threshold for certain categories of exempt employees under the Fair Labor Standards Act (FLSA).

As a reminder, on August 30, 2023, the U.S. Department of Labor (DOL) announced a notice of proposed rulemaking to increase (i) the minimum salary amount required to be paid to executive, administrative, or professional employees, and (ii) the required annual compensation to be paid to “highly compensated employees” in order for these employees to be considered exempt from the FLSA’s federal overtime pay requirements. (Employers should also note that some states may have minimum exempt salary thresholds that are higher than the current or proposed federal minimum.)

Specifically, the proposed rule would increase the minimum salary required to be paid to an executive, administrative, or professional employee in order for that employee to be exempt, from $684 per week ($35,568 annually) to $1,059 per week ($55,068 annually). The DOL also seeks to increase the annualized salary threshold for the exemption for “highly compensated employees,” from the current $107,432 per year to $143,988 per year. Importantly, the aforementioned amounts proposed by the DOL were based on 2022 earnings data and, if implemented, the final rule amounts might be higher than what is currently proposed.

The proposed rule was open for public comment until November 7, 2023. The DOL has not yet issued a final rule, though it is expected sometime in 2024. Assuming the DOL follows a similar timeline as it did while enacting a final rule in 2019, we can predict that a final rule on the exempt salary threshold may come into effect around July 2024. The final rule also may be challenged in the courts, as similar Obama-era rules were, which could prolong enactment and enforcement.

If the final rule goes into effect this summer, employers will need to revisit their compensation strategies for exempt employees earning less than approximately $56,000 per year. Employers have a number of options to ensure compliance with the anticipated increased minimum salary threshold, including keeping employees at their current salary but paying overtime compensation for hours worked over 40 in a given week, increasing the salaries of employees to meet the new threshold, or converting employees to an hourly compensation arrangement. We also encourage employers to treat this change as an opportunity to conduct an internal audit of employee job duties and classifications, to ensure that employees are properly classified as exempt.

Current Legal Analysis

More from foley & lardner llp, upcoming legal education events.

Sign Up for e-NewsBulletins

Shadow Trading Verdict Is Red Flag for Private, Public Companies

An April 5 verdict in a groundbreaking insider trading enforcement action by the Securities and Exchange Commission highlights the potential for expanded risks of stock trading for officers and directors of publicly traded companies. It also potentially expands concerns about insider trading to directors and officers of private companies.

The type of trading targeted in this case, which the SEC calls shadow trading, occurs when a corporate insider uses material, nonpublic information about their own company to trade in securities of another, comparable publicly traded company.

In light of the SEC’s enforcement activity in this area, public companies should consider updating their insider trading policies to address shadow trading. Private companies may want to consider adopting policies to address the practice as well.

First SEC Action

On April 5, a federal jury in California found Matthew Panuwat, the former head of business development at Medivation, Inc., liable under the novel theory of “shadow trading” in a civil enforcement action brought by the SEC. The jury made its decision in just several hours after an eight-day trial, which included testimony from Panuwat and several of his former colleagues.

Medivation, Inc. is a California-based mid-cap, oncology-focused biopharma company where Panuwat used to work. During his time at Medivation, Panuwat purchased stock options in another comparable oncology-focused biopharma company, Incyte Corp., allegedly because he believed Pfizer’s acquisition of Medivation would have beneficial collateral effects across that segment of the market and thereby increase Incyte’s stock price.

On Aug. 18, 2016, Medivation’s CEO emailed Panuwat and 12 other employees on a confidential basis to advise them that Pfizer was ready to sign a deal to acquire Medivation “this weekend” and disclosing the price at which Medivation would be acquired. Seven minutes after that email, Panuwat purchased call options in Incyte.

Once Pfizer’s acquisition of Medivation became public, Incyte’s stock price increased by roughly 8%, with Panuwat netting $107,066 in profit. In August 2021, the SEC brought charges against Panuwat, alleging he engaged in insider trading by purchasing call options in Incyte.

The verdict in Panuwat’s case provides a first glimpse of how juries and courts view the novel issues raised by shadow trading, including that an employee of one company can be found to have violated a legal duty when purchasing or selling securities of another company, and how closely correlated the stock prices of two companies need to be for a violation of law. Given the probability of appeals and potential for more enforcement actions, further legal developments are likely.

Update Policies

Public company insider trading policies often restrict trading in companies with which a company has dealings, and may go so far as to restrict trading in competitors or other key third parties. Medivation’s insider trading policy extended beyond Medivation stock to cover the securities of “all significant collaborators, customers, partners, suppliers or competitors.” Broad trading prohibitions like these recognize that corporate insiders may access material, non-public information relevant to the market value of other companies, and that could place the insiders at an informational advantage to the market as a whole.

Yet even such expansive language may not be enough, on its own, to create a legal duty for an insider to refrain from trading. In Panuwat’s case, the court found at least some disputes of material fact over whether Medivation’s policy prohibited trades like Panuwat’s purchase of call options in Incyte such that those purchases should be considered insider trading.

In light of the potential for shadow trading claims against officers and directors, and as law in this area evolves, public companies should consider updating insider trading policies to make clear the trading activities that are or aren’t permitted, and the companies whose securities may be subject to trading restriction.

Using generic categories in insider trading policies such as “customers” or “competitors” provides breadth, but can lead to open questions about whether a particular company fits those definitions. Greater specificity, including a list of specific key other companies, when known, helps provide clarity to corporate insiders and reduces reliance on interpretation.

Private Companies Too

Most private companies don’t have policies addressing insider trading since purchases and sales of company stock is more cumbersome than trading on the open market (and, in many instances, restricted until a public offering or liquidation event). However, an individual need not be an employee of a public company to engage in shadow trading since the concept applies to trading in another company’s stock.

As Panuwat’s case illustrates, for life science companies there are often reasons to believe that information about one company, public or private, might have implications for another public company’s stock. For instance, if a private company and public company are both developing drugs that target the same biological pathway, and the private company obtains positive clinical data, it might be possible to infer that the public company program will also succeed.

To prevent employees from using non-public information for their own benefit, a private company may find it prudent to assess its current employee confidentiality agreements or other policies to address shadow trading.

The case is Securities and Exchange Commission v. Panuwat , N.D. Cal., No. 21-cv-06322, verdict 4/5/24.

This article does not necessarily reflect the opinion of Bloomberg Industry Group, Inc., the publisher of Bloomberg Law and Bloomberg Tax, or its owners.

Author Information

Stephen Thau is co-chair of the life sciences group at Orrick and a partner in the firm’s technology companies group.

Paul F. Rugani is a partner and leader of Orrick’s securities litigation practice group.

Nina Ganti is a litigation associate at Orrick.

Write for Us: Author Guidelines

To contact the editors responsible for this story: Jessie Kokrda Kamens at [email protected] ; Alison Lake at [email protected]

Learn more about Bloomberg Law or Log In to keep reading:

Learn about bloomberg law.

AI-powered legal analytics, workflow tools and premium legal & business news.

Already a subscriber?

Log in to keep reading or access research tools.