LEGAL RESEARCH AND WRITING - FALL 2019 SYLLABUS AND
DRAFT AS OF 8/22/2019. PLEASE CONSULT THE LATEST DRAFT AVAILABLE.LEGAL RESEARCH AND WRITING - FALL 2019SYLLABUS AND COURSE INFORMATIONProfessor Miriam WernerProfessor Werner’s Contact InformationOffice:Room 420Office Phone:503-375-5487 (I prefer email as I do not check voicemail.)Email:mywerner@willamette.edu (preferred)Office Hours:Tuesdays 4:30-5:30; Thursdays 10:45-12:00; by appointmentClass Home PageThe class home page will be posted on TWEN, which is available throughWestlaw. You can access the Class Home Page at http://lawschool.westlaw.com.Enter your Westlaw password and click on the TWEN link.You are responsible for regularly checking the e-mail account you register withTWEN and the Class Home Page for postings and announcements.I will post course materials and assignments on TWEN. I will also ask you tosubmit your assignments to me through TWEN.Required Texts and Readings and MaterialsThe Bluebook: A Uniform System of Citation (Columbia Law Review Ass’n et al.eds., 20th ed. 2015) (the “Bluebook”).A Lawyer Writes: A Practical Guide to Legal Analysis (Carolina Academic Press, 3rded. 2018), written by Christine Coughlin, Joan Malmud Rocklin, Sandy Patrick(“ALW”)Online Materials:Core Grammar for Lawyers (Caroline Academic Press, s, web links, and other material posted on TWEN.Recommended TextsTracy McGaugh Norton, The Interactive Citation Workbook (2017).1
DRAFT AS OF 8/22/2019. PLEASE CONSULT THE LATEST DRAFT AVAILABLE.Course Description and ObjectivesThis course will teach students how to perform legal research, writing, and analysis.Students will learn how to identify, analyze and use primary and secondary legalauthorities to solve legal problems, and how to draft and edit legal memoranda. Studentswill also practice thinking on their feet in class discussions and formal and informal oralpresentations. The course is graded, and worth three credits.Objectives include: Learning to read cases effectively and identifying key parts of judicial decisions. Developing effective and precise analytical use of cases for use in classwork andfuture practice as a lawyer. Learning to identify and use rules of law effectively. Learning to use linear methods such as CREAC (and variants of CREAC) toreach and articulate legal arguments and conclusions. Learning how to synthesize rules from cases and statutes, in order to develop andarticulate new rules and responses to new facts and new problems. Learning to use proper legal citations and signals in order to provide references,legal support, and mastery of legal writing formats. Learning to use a variety of research techniques to find legal authority to supportconclusions of law, and to ensure that your conclusions are current. Becoming familiar with a range of legal resources representing primary andsecondary sources of law. Using synthesis, distinctions and exceptions to support legal conclusions. Learning to write concise and precise legal arguments that may be presented inlegal memoranda or other forms of legal writing. Learning to edit your own writing for clarity and precision. Learning to speak about legal issues with clarity and precision. Learning how to combine research, analysis and writing into a legal memorandumthat presents information using CREAC (or variants of CREAC). Using correct grammar to communicate effectively. Learning how to identify relevant questions and materials for use in addressinglegal issues and problems.2
DRAFT AS OF 8/22/2019. PLEASE CONSULT THE LATEST DRAFT AVAILABLE.List of Graded and Ungraded AssignmentsGRADED%Closed Email5%UNGRADEDOptional Sources of Lawand Legal System exercisesCase Analysis for Ammonv WeltyCase Chart for ClosedEmailCitation ExercisesLegal Systems andCitations Quiz*15%Rule Synthesis ExerciseClosedMemorandum15%Optional ResearchExercisesResearch Email15%Open Memorandum40%Partner Presentationfor OpenMemorandum**5%Core Grammar ExercisesGrammar ExerciseProfessionalism***5%DATES Available Tuesday 8/27. No due date. Assigned in class Thursday 8/29. Due by 9:00 am/3:10 pm on Tuesday 9/3. Assigned in class on Thursday 9/5. Due by 9:00 am/3:10 pm on Monday 9/9. Assigned in class on Monday 9/9. Due by 9:00 pm on Sunday, 9/22. Assigned in class on 9/16 Due by 9:00 am/3:10 pm on Thurs. 9/26. Monday 9/30 in class. Assigned in class on Tuesday 10/1.Due by 9:00 am/3:10 pm on Thurs.10/3.Assigned in class on Tuesday 10/1.Due by 9 pm on Sunday 10/20.Available on Monday 10/7.No due date.Assigned in class on Monday 10/21.Due by 9 pm on Sunday 10/27.Assigned in class on Thursday 10/31.Due by 9 pm on Friday 11/22.Presented between Monday 11/4 andFriday 11/15 as per your sign-up sheet. Pretest due 9:00 am/3:10 pm Tuesday 9/3.A, B due 9:00 am/3:10 pm Monday 9/16.C, D due 9:00 pm Sunday 10/6.E, F due 9:00 pm Sunday 10/13.Post-test due 9:00 pm Sunday 11/3.Students with post-test scores of 74 orlower may choose to complete thegrammar exercise, or to retake the post-testuntil the score 75 or higher Students with post-test scores of 75through 79 may complete the grammarexercise if they wish Due 9:00 pm on Friday 1/18Throughout the semester.*The exam format will be multiple choice or short answer and will cover the Bluebooklegal citation rules, the U.S. and Oregon legal systems, and the weight of legalauthorities.3
DRAFT AS OF 8/22/2019. PLEASE CONSULT THE LATEST DRAFT AVAILABLE.**Shortly after the Open Memorandum assignment is released, you will do a simulated“partner presentation” in my office where you will briefly explain the rules, applicablecase law, and analysis of the memo to me. You will be graded on your presentation, aswell as the thoroughness of your research and analysis. This meeting will also ensurethat you are on track with your research. The simulated “partner presentation” will last15 minutes, and will be followed by an informal 10-15 minute discussion of the OpenMemorandum and any questions you have.***I expect you to demonstrate professionalism in this class. This means being on timeand prepared, participating in class discussions, avoiding using Facebook, Twitter, andetc. in class when we are using laptops, timely completion of graded and ungradedassignments, making a good faith effort on graded and ungraded assignments, andshowing respect for me, guest speakers, and other students during class and in any emailor other communications. Respect includes referring to others using their preferredgender pronouns. Respect also includes being diplomatic and refraining from making funof other persons, experiences or viewpoints. Because respect can be interpreted invarious ways, I encourage to communicate with me inside or outside of the classroom ifyou have any concerns or questions.Information about Graded and Ungraded AssignmentsThe graded and ungraded assignments are required parts of this course. If you fail tocomplete any of the graded or graded assignments, you may receive an “F” in this course.If you receive an “F” in Legal Research and Writing, you will be required to repeat thecourse in order to graduate.I will use an anonymous-grading system to ensure fairness in grading. You will be assignedan exam number this semester to use instead of your name on all graded assignments. Yourname should not appear anywhere in these assignments, and you should not share yourexam number with me before the release of final grades.Your graded assignments will be graded numerically. Each graded assignment will beworth a certain number of points. I will provide the class with information regarding thenumber of points earned by other students on each assignment, as well as informationregarding the number of points that will indicate whether you are on track for learning theobjectives of the assignment. This information will help you to gauge how you are doingwith respect to a final grade, as well as how you are doing with respect to developing yourlegal research and writing skills. For example, after a 10 point assignment, I might tell theclass that 10% of students earned 9 or more points, and 40 % of the class earned 7 or morepoints. I might also tell the class that a score of 7 or higher means you are on track fordeveloping skills, and that a score below 7 is a red flag, and might mean that youmisunderstood an important aspect of the assignment.You are expected to implement an appropriate data management plan to protect your filesfrom loss, theft, or corruption. Many free services exist that will back up your files toremote servers and maintain prior versions of your files to prevent data loss. Examples4
DRAFT AS OF 8/22/2019. PLEASE CONSULT THE LATEST DRAFT AVAILABLE.include Dropbox (http://www.dropbox.com), GoogleDrive (https://drive.google.com),and SkyDrive (https://skydrive.live.com).You are expected to turn your assignments in on time in this class, and you will besubject to a late penalty for not doing so. It is not a valid excuse for untimely submissionof an assignment that your files were lost, stolen, or corrupted. Extensions must berequested in advance and will be granted for true emergencies only.Additional UNGRADED AssignmentsThroughout the semester, you may receive additional ungraded assignments. I willinform you whether the additional assignments are required or optional. You must makea good faith effort on the required assignments and complete them on time. If you fail todo so, you may receive a grade penalty or receive an incomplete for the class. If I haveinformed you that an additional assignment is optional, you are not required to completethe assignment, although I encourage you to do so.Additional ungraded assignments may include case analysis exercises, writing exercises,research exercises, and citation exercises through the Interactive Citation Workbook(“ICW”). ICW exercises are online exercises available at www.lexisnexis.com\icw.Final GradesLRW classes such as this class must have a mean grade within the range of 2.80-3.00.Your final grade will be based on the point total you accumulate on graded assignmentsfor the fall semester.Student ServicesHealth, counseling and insurance services are available to all students through the BishopWellness Center, located on the main campus. You may call (503) 370-6062 for anappointment. You should also feel free to contact me regarding particular questions orconcerns.The University maintains an Accessible Education Services (“AES”) Office for studentseligible for and desiring academic accommodation due to a disability. You may call (503)370-6062 for an appointment. Students should make an appointment as soon as possible,preferably at or before the beginning of the semester. Professor Edward J. Harri is the LawSchool Liaison for disability services. You may call Professor Harri at (503) 370-6431.Please Note1. This syllabus is subject to change upon notice in class and/or via TWEN postings andemails. Please consult the latest draft available.2. The use of laptop computers in class is a privilege, not a right. Students will be askedto close their laptops and give their full attention during many class sessions. Pleasehave pen and paper available for note-taking during these times. The use of a computer orany other communication device in class for activities or purposes unrelated to the coursecauses a significant distraction for other students and severely disrupts the ability of5
DRAFT AS OF 8/22/2019. PLEASE CONSULT THE LATEST DRAFT AVAILABLE.students to participate fully in class. Therefore, improper use of a computer during class(including, but not limited to, composing, sending, or reading emails; instant messaging;searching or browsing the Internet; playing games; and/or viewing movies) may, at thediscretion of Professor Werner, result in dismissal from the class session and/or areduction in your final grade.3. Attendance is required. Attendance will be taken during each class session andindividual conference. It is your obligation to ensure that you are counted present. I reservethe right to count you as absent if you are not in the classroom, or other specified location,ten minutes after the class or conference has begun. You are required to attend a minimumof 75% of class sessions.4. A large part of learning in law school results from conversations and collaborativeefforts among students. I encourage you to discuss graded and ungraded courseassignments with other students in your section. However, the work you turn in must beyour own. You may discuss research techniques and legal issues with each other, but youmay not provide answers to or receive answers from each other. You may not readanother student’s written work on a pending assignment, or show your written work on apending assignment to another student. The line between reasonable discussions andcollaborations and plagiarism can be a fine one. The best policy is to err on the side ofsafety, and to refrain from providing or receiving any information that might beconsidered unreasonable collaboration. If you are ever in doubt about what would beconsidered reasonable or unreasonable collaboration, please ask me for clarification.5. The Willamette University College of Law Honor Code applies to this class, as well asthe Willamette University Code of Student Conduct. Students are responsible forknowing and complying with the provisions of the Honor Code and Code of StudentConduct.6
DRAFT AS OF 8/22/2019. PLEASE CONSULT THE LATEST DRAFT AVAILABLE.SCHEDULENote: The reading listed for each class date should be completed in preparation forthat class. Bring a hard copy of the reading to class.Week 1, August 26Class 1Intro to LRW.(8/26)No reading.Class 2(8/27)UNGRADEDASSIGNMENT.Core Grammar forLawyers for thesemester assigned inclass on Monday 8/26;Pretest is due by 9:00am/3:10 pm on Tuesday9/3.Introduction to Sources of Law and the US Legal System. UNGRADEDOPTIONALRead ALW Chapter 2 “Sources and Systems of the Law”.ASSIGNMENT.Read Oregon State Court System chart (on TWEN).Additional course materials will be covered in class on 8/27,and posted after class on 8/27. The additional materials willbe included in the legal systems and citations quiz.Class 3(8/29)Case Analysis. The Components of a Case.Read ALW, Chapter 3, Section 3.2 “Reading JudicialOpinions”.Read Ammon v. Welty, 113 S.W.3d 185 (Ky. Ct. App. 2002)(on TWEN)(also on Westlaw and Lexis).Read “How to Write a Case Brief for Law School” (onTWEN; the same article was also assigned during the Introto Law week).Week 2, September 2Class 1No class.(9/2)Class 2Case Analysis Continued. More on the Components of a(9/3)Case, and Intro to CREAC.Reread Ammon.Bring an electronic or hard copy of your case analysisassignment to class.7Optional assignmentsand answer keys onsources of law and theUS legal system are onTWEN.UNGRADEDASSIGNMENT.Case Analysis forAmmon v Weltyassigned in class onThursday 8/29, due by9:00 am/3:10 pm onTuesday 9/3.UNGRADEDASSIGNMENTS DUE.Core Grammar Pretestand Case Analysis forAmmon due by 9:00am/3:10 pm on Tuesday9/3.
DRAFT AS OF 8/22/2019. PLEASE CONSULT THE LATEST DRAFT AVAILABLE.Class 3(9/5)Case Analysis Continued. Intro to Statutes. How to UseCases and Statutes to Support Your Conclusions.Read the Wendy Jammer materials (on TWEN).Read ALW Chapter 3, Section 3.1 “Reading Statutes”.Read ALW Chapter 5 “Organizing Your Legal Authority,”Sections I (Step 1), II (Step 2), & III (Step 3).Week 3, September 9Class 1More on How to Use Cases and Statutes to Support Your(9/9)Conclusions.Reread the Wendy Jammer materials.Bring an electronic or hard copy of your case chartassignment to class.UNGRADEDASSIGNMENTCase Chart for ClosedEmail assigned in classon Thursday 9/5, due by9:00 am/3:10 pm onMonday 9/9.UNGRADEDASSIGNMENT DUE.Case Chart for ClosedMemo #1 due by 9:00am/3:10 pm on Monday9/9.GRADEDASSIGNMENT.Closed EmailAssignment (5%)assigned in class on 9/9,due by 9:00 pm onSunday, 9/22.Class 2(9/10)Intro to the Memorandum. The Components of aMemorandum (and often, of an email).Read ALW, Chapter 1 “How Attorneys Communicate”.Read ALW, Chapter 18 “Professional Emails”.Read the Graded Assignment for Closed Email #1.Class 3(9/12)Optional reading: Sample Memo #1 and Sample Memo #2(both on TWEN).More on the Components of a Memorandum. How toApproach Closed Email #1.Reread 9/10 Class 2 materials.Week 4, September 16Class 1Intro to the Bluebook and Legal Citations.(9/16)Watch: RADEDASSIGNMENT DUE.
DRAFT AS OF 8/22/2019. PLEASE CONSULT THE LATEST DRAFT AVAILABLE. Click on the Bluebook tutorial. Watch the StatutoryCitations and Case Law Citations.Read (Skim) Bluebook Front and back case jackets (Quick References) Pp. X-XVIII (Table of Contents) P. 1 (Introduction) P.3 (Introduction) Rules B1 through B16 Rules 4, 6, 10, 11, 12, 13, 15, 16Note: We will use sections of the Bluebook that go beyondthe assigned reading.Class 2(9/17)Core Grammar forLawyers. Successfullycomplete Lessons Aand B by 9:00 am/3:10pm on Monday 9/16.UNGRADEDASSIGNMENT.Citation exercises to beassigned in class on9/16, due by 9:00am/3:10 pm onThursday 9/26.More on the Bluebook and Legal Citations. Cases.Reread (Reskim) Bluebook Front and back case jackets (Quick References) Pp. X-XVIII (Table of Contents) P. 1 (Introduction) P.3 (Introduction) Rules B1 through B16 Rules 4, 6, 10, 11, 12, 13, 15, 16Note: We will use sections of the Bluebook that go beyondthe assigned reading.Class 3(9/19)Final Tips on How to Organize and Approach ClosedEmail Assignment (and Memos and Emails in General).GRADEDASSIGMENT DUE.Reread the Wendy Jammer materials, and your case chart.Read your rough draft (you should have one by now) andbring questions based on your draft and writing process.Closed EmailAssignment (5%).Due by 9:00 pm onSunday, 9/22.Week 5, September 23Class 1More on the Bluebook and Legal Citations. Statutes.(9/23)Reread (Reskim) Bluebook Front and back case jackets (Quick References) Pp. X-XVIII (Table of Contents) P. 1 (Introduction) P.3 (Introduction) Rules B1 through B16 Rules 4, 6, 10, 11, 12, 13, 15, 169
DRAFT AS OF 8/22/2019. PLEASE CONSULT THE LATEST DRAFT AVAILABLE.Note: We will use sections of the Bluebook that go beyondthe assigned reading.Class 2(9/24)Class 3(9/26)Bluebook Review: Bluebook Olympics.Bring your Bluebook to class.Remaining Legal System and Bluebook Questions.UNGRADEDASSIGNMENT DUE.Bring your Bluebook to class.Citation exercises dueby 9:00 am/3:10 pm onThursday 9/26.Week 6, September 30Class 1Legal Systems and Citation Quiz.(9/30)No assigned reading.Class 2Intro to Closed Memo Assignment. More on(10/1)Synthesizing Rules from Case Law.Read the Closed Memo Assignment.Read the UNGRADED Rule Synthesis case (on TWEN).GRADED QUIZ (15%)Completed in class.GRADEDASSIGNMENT.Closed Memo (15%)assigned in class onTuesday 10/1, due by 9pm on Sunday 10/20.UNGRADEDASSIGNMENT.Rule Synthesisassignment assigned inclass on Tuesday 10/1,due by 9:00 am/3:10 pmon Thursday, 10/3.Class 3(10/3)More on Closed Memo #2 (and Memos in General).More on Synthesizing Rules from Case Law.UNGRADEDASSIGNMENTS DUE.Re-read the Closed Memo Assignment.Rule Synthesisassignment due by 9:00am/3:10 pm onThursday 10/3.Bring a hard or electronic copy of your answers to theUNGRADED Rule Synthesis assignment to class.10
DRAFT AS OF 8/22/2019. PLEASE CONSULT THE LATEST DRAFT AVAILABLE.Core Grammar forLawyers. Successfullycomplete Lessons C andD by 9:00 pm onSunday 10/6.Week 7, October 7Class 1Intro to Legal Research and Secondary Sources.(10/7)Watch: s 2(10/9) Click on Strategies for Legal Research. WatchCreating a Legal Research Strategy. Click on Secondary Sources. Watch Treatises,Encyclopedias, American Law Reports (ALR), l researchexercises are availableon TWEN. No duedate.Possible guest speaker or professor.More Legal Research. Primary Source
Aug 22, 2019 · research exercises, and citation exercises through the Interactive Citation Workbook (“ICW”). ICW exercises are online exercises available at www.lexisnexis.com\icw. Final Grades LRW classes such as this class must
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If asking for legal advice, say so, and start new email chain If giving legal advice, say so Involve lawyers (before litigation contemplated) Maintain confidentiality of legal advice documents Limit dissemination of legal advice (need to know; original only) Make internal communications re legal advice factual
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