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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: Splits from 10+ years ago may have been resolved by now or may already be the subject of scholarly works. But then again . . .

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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