RESEARCH BRIEF PROPOSAL: COMM 5300 DUE: Monday, Oct. 11

Name______Major______Sequence ______Case name & citation:______

Specific topic of case: (continue any writing on back of sheet, if necessary)

Thesis statement: “I will argue that this case is right/wrong because…”

Why did you choose this subject?

READ THIS…READ THIS…READ THIS…READ THIS……………AND DO IT

Preliminary research sources: The purpose is to identify and use source material that will enhance your understanding of the case and your ability to evidence your position with legitimate legal reasoning. You are searching for any source that is relevant to the case you selected.

FOR EACH SOURCE, LIST: author/case name, title of article/book/regulation/ /statute, name of case reporter/journal, case/law citation or call number of book/reporter/ /journal. In other words, you MUST state the FULL CITATION for EACH source.

Hint: Use the law library and its reference librarians.

FIVE PRIMARY SOURCES: (cases, statutes, regulations)

1.

2.

3.

4.

5.

FIVE SECONDARY SOURCES: (writings that explain or analyze primary sources)

1.

2.

3.

4.

5.

REGARDING YOUR COMM 5300 CASE BRIEF

ONE CAUTION:

When you make an argument of agreement, in other words, when you state the court is right in its decision, it’s very tempting to simply repeat the court’s reasoning. But, hey, ouch, that’s just plagiarism and, besides, I’m interested in your reasoning, not the court’s.

So, when you make an argument of agreement, your job goes beyond repeating the court’s reasoning to showing why, to explaining why the court was indeed correct in its reasoning and decision.

A lot of legal evidence exists on your topic besides what the court came up with in your case. Find those sources and put them to use. Show me your reasons why the court was right when it decided this case. In other words, why do you agree? What is your argument?

RESEARCH CASE BRIEF -- COMM 5300

Select one (1) case from any aspect of mass media law and write a five (5)-page research brief that agrees or disagrees with the court’s decision.

FORMAT: Your name. Case name and citation. Level of court. Decision/point of law established in case. Your thesis position statement. Your argument/supporting evidence.

In this essay, I expect you to take a firm, clearly stated position arguing for or against the court’s decision. Defend your position with reasoning and persuasion based on solid evidence from case law (especially case law), statutory law, regulatory law, legislative histories, secondary sources, class readings, lectures, discussions, or any other appropriate scholarly source. Note all your reference sources, whether footnote, endnote, or text note style. Remember, primary sources provide the strongest, least-assailable evidence. Consider yourself arguing before the U.S. Supreme Court on this issue. How and why will you build your case?

If you agree with the court’s decision, you must go beyond the court’s legal reasoning and establish why you believe it is correct. In other words, DO NOT simply repeat the court’s reasoning as your own—that sticky issue of plagiarizing. I know these cases, and I have and will look them up if necessary. Besides, it’s usually easier to argue against something, which alleviates the temptation to repeat the court’s reasoning. Do what the courts do. Use your own thinking enhanced by the reasoning of other cases or legal sources that support it, which provides your supporting evidence. Also, I carefully monitor past student papers. I have copies of them. Do your own work.

DUE DATE: Beginning of class Wednesday December 1, 2004.

I will not accept late papers.

TEXT: Must be within a 4.5 page minimum and a 5.5 page maximum. When I say text, I mean the writing itself. In other words, note citations do not count, only your written discussion—one reason footnotes or endnotes are more useful in this assignment. Papers must be double-spaced with standard one-inch side margins and 1.5 inch top/bottom margins. I purposely enforce such physical limitations because I want to force tight, focused pieces—i.e., state your claim and support it. Every word must count.

GRADING: I will not question the validity of your position. I want to know what you think and why you think it. Grading reflects this critical and analytical thinking, which means a successful paper backs-up its position with solid evidence. Study the scoring sheet to understand how I assess the paper. Use it as a guide to success.

RESEARCH CASE BRIEF – COMM 5300 – SCORING SHEET

Clear thesis/position statement…………………………………………..20 points______

Logical, reasoned, complete, fully clarified,

fully formulated, original-to-self (i.e.,

maintaining your own voice) argument based

on sound premises………………………………………………………45 points______

Fully focused, developed, applied legal evidence

and reasoning to support, explain, clarify, connect,

further, make relevant all your statements, claims,

premises, and reasoning.

Proper citation is one form of supporting evidence.

You must clearly and appropriately identify

your sources……………………………………………………………45 points______

Mechanics: spelling, punctuation, grammar,

format, organization, source identifying notation,

length—and everything connected to a mass

communication student always producing the expected

perfect piece of writing…………………………………………………20 points______

Total……………………………………………………………………130 points______