Monday, November 20, 2006

Law review: does it improve writing? Part 2

Here is a broad overview of the findings of my student in the paper about law review.

Finding 1
Based on surveys of first-year law students, there was a consensus that participating on a journal would improve your writing.
  • The chance to read and edit scholarly writing and the chance to write and receive feedback on a note were the two main reasons given.

Finding 2
Based on surveys of second-year law students holding staff positions on law journals, there was a consensus that participating on the journal was not improving their writing.
  • Staffers found themselves focusing almost entirely on citation checking, which they did not believe was improving their writing. Any text editing they did was minimal and did not result in any feedback. As for writing a note, they felt they were writing without much guidance, and those who had finished reported that they did not not get much, if any, feedback.
Finding 3
Based on surveys of third-year law students who held editorial positions on law journals, there was a consensus that participating on the journal had improved their writing.
  • When asked how participating on the journal had improved their writing, the majority replied that it had helped them master citation.
What conclusions do you draw from this?

9 Comments:

Blogger Mackenzie said...

I draw two conclusions. The first is that law review membership will help the participant learn citation. The second is that law review membership doesn't seem to be structured to help students learn writing.

I may be wrong, but I understand that most student writers only turn in one or two drafts with the editors cite-checking. My law review student writers must turn in several drafts (4-5 minimum) with extensive substantive revisions. The revisions come from (primarily) the editorial board. I think being edited by students--who wrote themselves--is less ideal than a professor, but it still serves to improve writing somewhat.

Put simply, law reviews could be more useful for students, but usually aren't. Even those with some help are less than ideal.

10:30 AM  
Blogger ThorstenVeblen said...

In my experience, being on a journal is sure to help a student master citation and the mechanics of grammar and form. A studnent might also pick up a few research skills in researching a note. Beyond that, law journals don't offer students a lot in the way of improving their writing.

But I'm not sure that this is surprising. As far as I can tell, journal membership has always been little more than a resume-builder. People who try to make it out as something more grand than that are generally self-congratulatory and smug. In the end, it's generally the backslapping and the self-proclaimed (and remarkably dubious...) air of superiority that keeps law reviews running, not any improvement to student writing.

4:58 PM  
Blogger Wayne Schiess said...

Thorsten,

Yes, law review is an accolade, and a pricey one--in terms of time. But it opens so many doors that it is worth it.

Another reason it will continue is that it is essentially free labor on behalf of law professors, who need law reviews to publish their writing but who'd rather not have to do the grunt work.

12:15 PM  
Blogger Wayne Schiess said...

Mackenzie,

It would be great if all law reviews required the level of work yours does. Requiring 4-5 drafts is great. I think that's not the norm, though.

12:16 PM  
Blogger Christen said...

While mastering citation may not improve writing by itself, it is likely to improve outcomes for clients. I always assume (probably correctly) that the judge and clerk reading the brief we're submitting has been on law review. If I use correct citation format, it will lead to a better outcome; incorrect citation will lead to me being considered sloppy and untrustworthy. Similarly, I checked about 1 bazillion citations while on law review (as Citations Editor, I got all the hard sources). This experience made it easy for me to determine whether a case really could be cited for a particular proposition or whether the author was stretching it. It's one thing to make a stretch in an article, but quite another when you're representing a client. Does mastering these things make me a better writer? Perhaps not. But I'll appear to be a better writer to the Court than someone who hasn't mastered these skills, which may be just enough to get a win in a close case.

10:36 AM  
Blogger Wayne Schiess said...

Christen,

I think your strong citation-form knowledge and your strong cite-checking sense make you a better lawyer, and perhaps a better writer, too.

But in my mind, citation is a very small part of legal writing; lawyers have a lot more to do to master legal writing than to be good at citation. A lot.

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