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The Upper Level Writing Requirement (ULWR): Stage 1: Choosing a Topic

This guide explains the purpose of the Upper Level Writing Requirement (ULWR), breaks down the processes for researching for the ULWR), and provides some tips and resources.

Choosing a Topic: Considerations

Consideration 1: Try to choose a topic you are interested in

Consideration 2: Don’t be too broad, but don’t be too narrowly focused either

  • Too Broad:
    • Too much information to use
    • Impossible to discuss in any depth and not exceed the length maximums
  • Too Narrow:
    • Not enough information to use
    • Difficult to flesh out enough to meet the length minimums

To achieve the happy medium, be prepared to take a step back if too narrow, or focus in more if too broad

Important Distinction: Topic vs Thesis/Claim

You need to start by choosing a TOPIC, but you’ll need to develop a THESIS or CLAIM about that Topic

Your Thesis or Claim:

  • Must Be Unique
  • Must Make Sense
  • Must Be Rooted in Other Sources
  • Must Be Supported or Defended by the Heart of Your Paper

Jurisdictional Conflicts

Any conflict between two jurisdictions:

  • US Federal Circuit (or District Court) Split
  • State to State Split
  • Federal to State Split, including Hypothetical Splits: e.g., the federal courts have interpreted a law or constitutional provision one way, but you want to argue that a state with an analogous law/provision could interpret it differently
  • Country to Country Split (Comparative)

Other Sources/Tips for Ideas

  • Search in caselaw for: “first impression”
  • Search in journals for: (beyond or outside /3 scope)
  • Search for: (open or unresolved or interesting or intriguing or unaddressed or “not addressed” /3 question or issue or remain!)
  • Search in briefs, especially in petitions for certiorari (focus on petitions that have been denied)
  • Explore websites of non-profit organizations or nongovernmental organizations

Popular Approaches to Picking a Topic

  • Identify and discuss a Jurisdictional Conflict
  • Apply established law to a new factual situation
  • Apply a new law to an existing factual situation [what are the implications; does it work as intended]
  • Explore some aspect of the conjunction between Law and another field [Law & Economics, Law & Sociology, Law & Literature, etc.]
  • Empirically research some aspect of a law
  • Examine the history of some aspect of a law

Locating Splits/Conflicts

  • Casebooks (especially in notes or at the end of chapters)
  • Study Aids (especially Outline or Model Answer type aids)
  • American Law Reports (ALRs)
  • Jurisdictional/National Surveys of Laws
  • Search in Lexis/Westlaw:

Sample Search: (split! or disagree! /5 circuit or court or authority)

Can be run in caselaw or secondary sources (including news)

Add additional terms to focus in on your general topic

Add a date restriction: Older splits may be resolved or may already be the subject of scholarly works. But then again, if it has been resolved, did the resolution work? What have been the ramifications/consequences?

Free Databases/Websites to Search for Ideas

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Capital University Law Library, 303 E. Broad Street, Columbus, Ohio 43215, 614-236-6464
Information found on these pages does not constitute legal advice. Use of these guides does not create an attorney-client relationship.
Capital University students, faculty, staff, alumni, and attorneys looking for reference assistance with legal materials may contact the reference department at reference@law.capital.edu. or call 614-236-6466 during normal reference hours.

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