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In addition, the Feb. 2015 Copyright Office report on the music marketplace will likely be a good source for you as you move forward, and you could mine the footnotes in that document to find even more helpful material. The introduction to the paper does a nice job of explaining the topic and thesis of the paper, but it is fairly dry in tone. Too often, the focus of paper conferences between the professor and a student ends up being the product the text of a draft and the ways in which it is deficient without any discussion of process. Problems in researching are also often related to the students indecision about a paper topic or failure to articulate and focus on an express thesis while engaging in research. When commenting on the draft seminar paper, the professor should address the effectiveness of the students research as it is reflected in the analysis and citations. Below are some general points to consider as you finalize the paper. If providing a list of topics, the professor can greatly aid students in this early stage of the writing process by organizing the seminar syllabus so that foundational material for most of the topics is covered earlier in the course, enhancing the students understanding of the subject matter. Similarly, one aspect of your suggestions at the end deals with transparency by labels but there was no preceding discussion of a lack of transparency as a problem relating to digitization in the industry, so it seemed to have come out of the blue. Thus, in the margins, instead of providing edits to the students language, ask questions to prompt the student to rethink her premise; identify what the reader expected a particular subsection or paragraph to address and why that expectation was not met; give prompts for where more explanation of or foundation for a point is needed. Right now, you have what looks like a roadmap for part IV on p. 8, but it lists only three threshold requirements and then does not seem to really match the subsections that you include within that section. [11] For more on effective commenting on student work, see the Chapter in this book on Commenting. [1] See, e.g., Joseph Williams, On the Maturing of Legal Writers: Two Models of Growth and Development, 1 L. Writing 1 (1991) (discussing the cognitive difficulties faced by novices in a new field of discourse); Linda Flower, Negotiating Academic Discourse, National Center for the Study of Writing and Literacy, Technical Report No. In addition, scholarly research is typically different in nature from the research that students do in preparing to write client-driven documents like memos and briefs. When students are asked to do the intellectual work of evaluating someone elses work and expressly considering the structure of the article or paper and nature of the support provided for the thesis, and when they have an opportunity to discuss their evaluations in seminar, their own writing will be stronger as a result. Keep in mind, though, that you will need to avoid overwhelming the student with minutia in the cover/end note. As you revise, think of the thesis (where you end up in the paper) as a guide for the rest of the paper if sections of the paper dont lead directly to the thesis either as background or as analysis, then they might belong in just a footnote or might not belong in the paper at all. For legislators or judges who might be in a position to change a challenged rule of law? 247, 248-52 (1998). For more information, see Chapter 1 on Commenting. However, it is essential to have a good, starting roadmap to guide the students writing process. L. Rev. Organizationally, it would make sense to introduce these things in the earlier sections of the paper where you demonstrate that there is a problem in need of fixing. This translates to approximately 25 pages. Students often struggle with the sheer magnitude of sources of information available to them on a given topic. I know you were still in the midst of figuring out where you wanted to take the paper, but be sure to proofread carefully for the final version and bluebook all of the citations. Ive also noted a tendency for you to write really long, complex sentences (particularly when you are trying to incorporate a quote), and as a result, important information gets buried in the sheer volume of material conveyed in a single sentence. [7] Thanks to Prof. Jill Ramsfield, former Director of the Writing Program, Georgetown University Law Center, for an early version of this set of tips for note-taking when students research papers, which has since been revised over time and updated to incorporate technological tools for organizing ones research. Be specific about what information you expect to see students include in the outline and how far along in the research process they should be when writing it. Ive noted quite a few places throughout where citations to authority would be expected, and I know that there are materials out there to support those points the challenge will just be to narrow down the universe to what is most authoritative and helpful. Another might be to incorporate more express sub-sections that mirror one another in Parts IV and V and that allow you to isolate individual issues and apply them using the precedent. Legal Educ. Think about it as a form of triage and let the student know where her efforts are most needed for improving the paper. Having these questions in mind as the professor reads and comments on each draft paper can help the professor to provide focused feedback on the students research for the draft and tips for expanding it in the rewriting and revising process. Legal Educ. [2] See generally George Hillocks, Jr., The Interaction of Instruction, Teacher Comment, and Revision in Teaching the Composing Process, 16 Research in the Teaching of English 261-78 (Oct. 1982) (discussing process approach to teaching writing and effectiveness of teacher intervention in students writing process); Nancy Sommers, Responding to Student Writing, 33-2 College Composition and Communication 148-156 (May, 1982) (emphasizing that effective feedback on student drafts recognizes that the work is still in progress, focusing on ideas underlying the work and how they might be better developed rather than on line edits). Or, if the list of topics cross-references the syllabus, students can readily look to the readings assigned in the syllabus for the subject matter relating to the potential topic and use those readings to gauge whether or not the topic will be of interest. Many students, and particularly those who are new to the subject matter of the seminar, have great difficulty selecting a topic for their papers. In the cover or end note, include a category called Miscellaneous or Editing or whatever is most appropriate for the content you will include there. Is the student over-relying on Internet sources? When commenting on the first draft of students papers, the professor should make a point of identifying where in the paper the thesis is stated; if it is difficult to find or does not (at the very least) appear in the introductory and conclusion sections of the paper, the professors comments should highlight this issue. Once they have selected their topic, often they will dive into research and sometimes begin writing or even complete a first draft without articulating what the thesis is. 2, No. If there are points that you make in the paper that are not tied to the ultimate thesis/proposal, then perhaps the thesis needs to be expanded/tweaked. See Georgetown University Law Center Student Handbook of Academic Policies, Juris Doctor Program, page 5, available at http://www.law.georgetown.edu/campus-services/registrar/handbook/upload/Juris_Doctor_Program.pdf. Often, creating a reverse outline for or with the student can help identify both analytical and organizational problems. To qualify as novel, the thesis must be distinct from what has previously been written on the subject. Keep line-edits and corrections to a minimum, or omit them entirely in favor of a more general note reminding the student to proofread carefully on the final paper. Ideally, this section would include a more detailed, concrete proposal that engages with some of the past scholarship addressing performance rights in sound recordings (most of those articles have been in favor of expanding the right, but for a variety of reasons). [10] Because many students learn by using models, if you provide examples you should try to provide several, so that students can see a variety of appropriate models. It can be difficult to determine whether a poorly written paper is the result of problems with the underlying ideas, or problems with the students ability to express those ideas, or both. Are they just writing for the professor? 539 (1999); Richard Delgado, How to Write a Law Review Article, 20 U.S.F. The feedback the professor provides on a draft paper should be formative, not summative, in nature at this stage of the writing process i.e., designed to help the student improve the paper in the revision process without attempting to compare its quality to other students papers or to give it a grade.[12]. Ideally, a student outline should include more than simply a list of topics that the student intends to discuss; a strong outline for a 25-page paper is typically at least three pages in length. Student Scholarly Writing: The Seminar Paper, Writing a seminar paper is often a students first experience with scholarly legal writing. Do you have suggested research strategies for the student seeking to fill research gaps as s/he revises the paper? You have a strong start on the background information regarding arguments made in support of and against an expanded performance right in sound recordings. If it lacks a clear thesis, for example, the student should work on clarifying the thesis before addressing organizational problems in the background sections of the paper; clarifying the thesis will likely help the student to then make choices about how to best organize the background sections to lend support to that thesis. [4] For a helpful discussion of considerations involved in choosing a thesis, see Eugene Volokh, Writing a Student Article, 48 J. Students often have difficulty understanding the difference between a topic and a thesis for their papers. As you revise, work on taking it a little slower and walking through the points that you are making in a series of sentences rather than trying to say it all at once. Teaching students how to write effective seminar papers can be equally overwhelming and frustrating. They thus typically expect that the writing process will be relatively easy and therefore are overwhelmed and frustrated when they discover that it is, in fact, a very time-consuming and difficult process. In crafting the cover or end note, it is helpful to try to list the two or three (but no more than four, to avoid overwhelming the student) priorities that the student should focus on in revising the paper. [5] See Eugene Volokh, Writing a Student Article, 48 J. If the paper is missing foundational information to support the thesis, researching and drafting the missing foundational sections will likely be a priority for the revision process. Problems in point of view could include the failure to take a stance or the failure to recognize competing arguments. If you can think of a good, real-life example that illustrates the problem your paper is trying to solve, that can often be a good way to bookend the paper at the start of the Intro by engaging the reader in a compelling illustration of why theres a problem that needs fixing, and then coming back to it in the final section to show in a concrete way how your proposal would be at least a step towards a better solution to the problem. 6. A focus on the problems with the paper can overwhelm the student and leave her without a clear idea of how to convert the deficient draft into a strong final paper. More information about the Writing Center can be found on the Law Center web site at http://www.law.georgetown.edu/writingcenter/. For those sources that dont have a clear category in the Bluebook, just make sure to provide enough information in the citation that the reader is able to track down the source if needed (e.g., author(s), title, date, page numbers, and URL if available). Look for patterns in the students draft such as summarizing information rather than analyzing it in light of the papers thesis, making the reader wait until the end of a section to understand its purpose, failing to provide sufficient foundation or authority for an assertion, or organizing around sources rather than around topics and use the comments to point those patterns out to the student. In addition to jotting notes in the margins in response to specific points made by the student, include a cover or end note with several paragraphs that provide more global, overarching feedback as to the overall organization, depth of analysis, and tone of the paper. [8] Some of these suggestions are adapted from materials prepared by Prof. Jill Ramsfield and the GULC Writing Center. Requiring a detailed outline before the students begin writing their papers enables the students to set out their vision of the entire analysis of the paper without the need to worry about good prose. One purpose of your paper should be to place your arguments within the greater scholarly commentary on related topics even if no one has written about your exact topic. Ive noted a consistent pattern of comma errors (e.g., see where Ive marked in the margin on page 10), so watch for those as you revise. It should provide a coherent, logical framework of the arguments and discussion that the student intends to include in her paper. Professors can require students to hand in research reports so that they can provide feedback and guidance for students who seem to be struggling with research. In giving instructions about the nature of the outline and feedback on it to students, the professor should make sure that the students know they are not wedded to this initial outline; it will change as their research progresses and more ideas develop. However, there must be a broad enough range of pre-selected topics for students to be able to find a topic of interest, as the research and writing process can be much more difficult for students who must write about a topic that does not fully engage their interest. This seems like too late in the paper to begin to introduce new problems, and there is a fair amount of overlap in the background to the DMCA and this background in terms of how the Internet age has affected copyright. When commenting on their drafts, the professor should watch for and identify sections in which the stance slips from neutral to argumentative, from confident to ambivalent, from analytical to descriptive. Are there assertions in the draft that an experienced legal reader would expect to see supported with a citation to authority? By allowing students to select their own topics, those presentations expand the scope of the seminar, with students becoming teachers of new material that they have researched and considered in depth by the end of the course. Remind students that the reader should be aware of their position from the beginning of the paper and use the comments on the draft to point out arguments that are surprising to you as the reader because they seem inconsistent with or unconnected to the papers main thesis. In addition, an overall Conclusion section at the end would be helpful to wrap up the paper. Students should be encouraged to continuously evaluate and adjust their thesis as necessary throughout the research and writing phases of the paper, but they should also be reminded to maintain a consistent stance throughout the paper. If a professor prefers to allow students to find their own topics, students can be greatly aided in their topic selection if they are given a list of, or links on an online course management system to, helpful sources of current topics in the particular area of law. Some professors offer a list of topics for students to choose from. [14] Brooke K. Horvath, The Components of Written Response: A Practical Synthesis of Current Views, Rhetoric Review, Vol. You mention the current statutory license for webcasters for the first time on p. 25, stating that you propose a similar model be adopted for live streaming uses of music. As a general research matter, it will be important for you to look for more scholarly sources to support your analysis, as the current draft relies too heavily on just primary sources like the statutes language, legislative history materials, and cases. To the extent possible at this stage in the students writing and analysis, it should also sketch out the students current thoughts about her conclusions and/or recommendations. Ideally, because it seems to be an essential part of your proposal, the statutory license for webcasters would be explained in some depth earlier in the paper as part of the background, so that it does not come as a surprise at the end of the paper. For the readers of a law journal to whom they might submit the paper for publication? Problems in the thesis could include lack of clarity, lack of specificity, lack of originality, or over-breadth. Students will also benefit if the professor makes it clear that the novelty component of a scholarly paper does not require that everything that the student says in the paper should be something that has never been said before. If you can point to an example from the students own work in the draft that is effective, she will have a better sense of what her audience expects and how to approach revisions to sections that need more work. Students may have a strong understanding of the subject matter of their papers but will still produce weak papers if they do not have a clear understanding of 1) their target audience and 2) the purpose of the paper. Sometimes they are unsure of the purpose of the document they are creating or the depth of their target audiences understanding of the issue. Formative assessment provides meaningful feedback to students that they can implement in subsequent work for the course, whereas summative assessment occurs at the end of a course to evaluate learning. Those sources are important and helpful, of course, but there has been a lot of scholarly comment on the DMCA and on the performance right (including law review articles more generally addressing compulsory licensing and its pros and cons, which would be helpful for your final proposal section). [9] Other helpful articles include Elizabeth Fajans & Mary Falk, Scholarly Writing for Law Students (4th ed. These components will allow the professor to provide feedback that will help to guide the student in the writing process. First, youve included a general statement of your thesis and start to a traditional scholarly roadmap on p. 2, but it would be useful to be even more express about what each part of the paper will address and about what you recommend and why. Requiring students to write out and submit a thesis statement early in the process highlights the need for them to begin the process of actively engaging with the issues. It should be as detailed as possible, specifying particular arguments and sources that serve as the basic foundation of the thesis and starting points for additional research. A professor has a variety of available options to make topic selection easier for the students. Problems in organization could involve the absence of guideposts like roadmaps and headings, the repetition of ideas, the placement of foundational material too late in the paper, or the lack of express connections between different ideas or sections and the ultimate conclusions of the paper. Discussing this process with students as they begin developing a topic and thesis will help them to anticipate that dead ends and shifts in focus are a common part of the scholarly writing process and to allow sufficient time early in the process. Requiring students to submit some form of outline of their paper well before the draft paper is due can greatly enhance the quality of the draft. Seminars that require papers are an ideal place in the typical law school curriculum for employing formative assessment techniques in compliance with the new ABA standards. [4] If an early thesis statement is required, the professor should expressly inform students that they are free to refine/revise the thesis as they work on the paper, as a thesis will often evolve during the research and drafting process. Professor and peer feedback on their initial thesis statements will help them to focus their research and craft a draft with a strong initial thesis. In addition to the specific margin comments above, below are some general points to consider as you finalize the paper. Right now, its not clear where you ultimately want to end up, and without knowing where you intend to end up, it is difficult to make choices about what discussions are important foundation for that ultimate conclusion and what discussions are tangents that dont advance your actual thesis. For example, at the Georgetown Law Centers Writing Center, Senior Writing Fellows are trained to assist students in selecting topics, refining research strategies, organizing complex materials, drafting and redrafting for the scholarly audience, framing a thesis, and polishing. Assign an article, such as Eugene Volokh, Writing a Student Article, 48 J. intervening in the students writing process as often as possible to provide feedback and guidance about the students progress thus far. In addition to the specific margin comments above, below are some general points to consider as you finalize the paper. The following are suggestions for working with students to help them to craft stronger final papers for a seminar:[8]. While the memoranda and briefs that are typically the focus of the first year legal research and writing curriculum were new types of documents with which most students had little, if any, prior experience, most of our students have been writing research papers for many years. If you do so, it would be helpful to incorporate guiding roadmap paragraphs at the start of each of the main sections, before you break out subsections (A, B, etc. My main recommendations for you moving forward are (1) to think about how best to organize the discussion so that the focus is on your main goal of the paper and (2) to more expressly develop the thesis so that the paper leads in a clear direction and is focused on supporting that ultimate thesis. Lets talk about other options when we meet so that you can decide what approach is most consistent with where you ultimately want to take the paper. There were quite a few places that Ive indicated in the margin where the reader would expect to see citations, so if you have trouble finding sources for some of those items we can discuss possibilities in our conference. Example 1 (inadequate discussion of existing scholarship relevant to the topic): You have a solid start to your research and have found a good initial universe of authority supporting the interpretation of the various requirements for the DMCA safe harbor that are relevant to Facebook Live. Without more development of this section, the rest of the paper is mostly agreement with prior articles that have made the same argument about why its time for greater recognition of performance rights in sound recordings, so this is the section that should be engaging with those prior articles more expressly and explaining why those arguments are even more strongly supported if the new digital marketplace and role of radio in that marketplace is considered in light of the Framers purpose underlying the Copyright Clause. Without a clear topic/thesis in mind, students can find themselves going down research rabbit holes, focusing on tangential issues rather than delving deeply into material that is most pertinent to their thesis. It should include a list of key references as well as a description of any additional research that remains to be done. This can serve as a substitute for line-editing in the paper itself. Thus, if a student has a point she wants to make on the topic at the outset of her research process, an express step in her research process must be to find and review what scholars have already written on the topic. Identifying your expectations from the outset and requiring the students to expressly identify their target audience can help them to better focus their attention on the most relevant sources. As a result, their research is often inefficient or incomplete. If, as suggested above, you provide guidance to students before they write the draft paper about your expectations, then your comments can help the student to calibrate where she has met those expectations. Sometimes their topic is too broad or their thesis statement not clearly enough articulated. It might be useful to more expressly break out subsections within more of the main sections that youve identified, to more clearly separate distinct points. Purpose: In addition, students tend to organize their drafts around the sources that they consult rather than letting the substance of the legal topic and the purpose drive the organization of the paper. Problems in content could include substantive errors, lack of depth, or too little analysis. Moreover, without a clear idea of the students intended target audience, it is hard for the professor to provide helpful feedback about whether the student has provided an appropriate level of detail for his or her intended audience.

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