Academic Legal Writing - Eugene Volokh [165]
l. Avoid humor
Being funny in print is hard. Being funny under stress and time pressure is harder still. Better to stay serious.
Don't worry about making an impression, standing out, or being remembered: Your goal is to come across as smart, careful, and clear, not scintillating. As one former law review editor told me, “The simplest way to stand out is to write well.”
Especially avoid sarcasm. Another editor's comment: “Some people can write well, but far fewer people can write wittily and well; and even fewer can write sarcastically and well. A serious and respectful tone will generally get a better response from a reader of a write-on submission; moreover, they are more likely not to be angered if they happen to disagree with your political stance.”
m. When you get tired
When you get too tired to write, you may still have some energy for other things. Alternate between (1) doing another pass of the editing test (see p. 314) and (2) proofreading whatever you've written of your piece. A student reports: “alternating between writing and doing the Bluebook test helped me be as productive as possible.”
Doing the editing test as you write your piece will also help keep the bluebooking rules fresh in your mind, and thus help you bluebook your own piece well.
n. Add the footnotes/endnotes as you write, but don't let the formatting distract you too much
When you use a source, add the footnote or endnote right away. If you plan to add it at the end, you might find at the end that you didn't leave enough time for that, or that you've forgotten where to give credit or what source to credit. And a good chunk of your grade will be based on the completeness, accuracy, and formatting of the footnotes. Checking and editing footnotes is a big part of the law review's job, so the editors are looking for people who are good with footnotes.
At the same time, don't let the details of the footnotes distract you too much as you write. If you're on a roll with your writing, keep writing, and don't take time off to make the formatting perfect. Then, when you're tired of writing, and need a distraction—later in the day, not at the very end of the competition—go over the footnotes and fix them up.
Also, if you know some assertion is right but don't remember where you read it, just add a blank footnote. You can then fill it in when you go over the passages you highlighted as you read the sources (see p. 325 below).
o. Avoid putting text in the endnotes
If you want the graders to read something, put it in the text. They probably won't read the endnotes until they're done with the rest of the paper; they thus won't see any important text that you put in the endnote until it's too late. On the other hand, if you don't care whether the graders read the material, then why include it anywhere, even in the endnotes?
There is at least one exception to this rule: If you cite a case in an endnote, and think there might be some controversy about whether it applies, you might want to clarify this in the endnote. Also, if you're told to use footnotes rather than endnotes, you might have more flexibility, because a reader is likelier to notice footnote text than endnote text. But be careful even then; some readers will be distracted and annoyed by what they see as a digression.
p. Avoid strange formatting features
Don't use fancy formatting features that you aren't asked to use (for instance, line numbers on the left-hand side of the page, strange fonts, and the like). Grading is a tedious process, and graders tend to be easily annoyed. Don't try to distinguish your paper through its look. Distinguish it through its clarity and persuasiveness.
9. Use the sources effectively
a. Use all the endnote space that you're allowed
If you are asked to put your sources in endnotes, and are given limited space for them, try to use all the space that you're given. Otherwise, the piece may look shallow and quickly patched together. Of course, don't just throw in irrelevant filler: Find citations that are relevant to your argument—there