What I Wish I Knew When Starting the Notes Process

What I wish I knew when starting the notes process:

If you would like to be considered for publication in JLEP, you must have some economic analysis or component to your note – if you want to know more about this, talk to one of the Notes editors (Katie Barnes, Brendan Mullarkey, Melissa Alfano, or Dan Glynn) or one of the Articles Editors (John Buckey, Rachel Fertig, or Graham Dufault)

Being preempted mid-semester doesn’t mean you have to change your entire note in order to become a full member of the journal, only that you are not eligible for publication

oYou may be able to fix being preempted by shifting the focus of your argument, presenting a different analysis or suggesting a different result

oIf your main goal is to be published (it’s ok if it’s not – not everyone cares about being published) – keep a list of related topics or ideas as you come across them (and any sources you might have found which support the other topics/ideas) so you don’t have to start from scratch

The notes editors are here to help you get your article to publishable quality – if you are having trouble understanding the feedback you are getting from your current notes editor, we can talk about switching you to another editor

It’s ok to need an extension – just make sure to ask early and always provide a reason for needing an extension. An upcoming LRWA or other class deadline is not an acceptable reason (you will have known about both for several weeks and you should budget your time accordingly), but last year extensions were granted to everyone participating in the Upper Level Moot Court Competition when the editors realized it fell on the same weekend as a deadline.

Scholarly writing is boring and may seem pointless, but at least you’re getting 2 credits for being on JLEP (which is better than the 1 we got, or 0 for not taking SW). Furthermore, there are some stylistic things which Professor Blake teaches which are helpful when writing a note.

You will footnote almost every sentence in your paper – it may seem like you aren’t contributing a single thought or idea to the note, but in reality what you are doing is backing up everything you say to add weight to your argument.

When picking a topic and doing research, try looking on both Lexis and Westlaw – different articles will come up and each database has different, proprietary sources. Also, use your Lexis & Westlaw reps (and the research lawyers available on the help line) – they can help you search for a topic, develop searches to find sources and make sure you aren’t preempted. You can also talk to the reference librarians here at Mason – they’re nice, friendly and helpful.Plus, it’s their job – they’re trained in doing research!

Your topic can’t just be about a facet of law – there needs to be a problem you are trying to solve, a misunderstanding you think needs to be clarified or a circuit split that you think should be resolved. You are not just summarizing an area of the law – you have to make an argument, and then back it up with other articles, laws, cases or studies. This is the point of the preemption check and all the research you do – to make sure that no one else has written about the exact issue you want to address (or addressed it in the same way you plan to), but also to make sure that there is enough support out there that you will be able to back up your arguments.

Howcasenotes are used –

oIf you’re published, other CMs, like yourselves, will cite to your article to support their arguments. Depending on the arguments you make and the solutions you propose, your note might also be cited by attorneys arguing before a court, by a court seeking to support its decision or by practitioners also writing about the same topic.

oYou don’t have to have the “right” answer – just a new or novel one that you can back up.

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While we won’t promise a return date on your projects, you will always have at least a week from when your paper is returned to you before the next assignment is due – if you don’t have your paper back a week before the next due date, talk to Katie about an extension.

About Notes Grading:

oYou should expect to get a grade of 3, it’s not a bad thing – it’s what you should be aiming for. Higher grades are for cases where the CM has gone far above and beyond what was expected. If you are getting 0s or 1s, you need to meet with your editor to discuss why.

oThese grades do not directly impact whether you will or won’t become a full member of JLEP, or even whether or not you will be offered an editor position. Getting a lower grade on an assignment isn’t the end of your editor hopes and dreams. Scholarly Writing requires JLEP to submit the bottom 5 papers which will undergo stricter scrutiny by the professors to see if they meet the “publishable quality” standard. We will use your grades as a factor when determining which notes we will submit as the bottom 5.

oLook at the grading criteria sheet that will be sent out with every assignment – it will tell you the purpose of the assignment, what you should be aiming for, what the minimum requirements are and what will be graded.

Everyone on the Editorial Board has gone through what you’re about to go through – we understand that it can be frustrating, difficult and confusing – we are here to help you get through it. Ask questions if you’re unsure of something, if you need help or just want to know why you’re doing what you’re doing (there is always a reason – it’s not just to torture you!).