—PETITION 101 SAMPLE INSTRUCTIONS: DO NOT RELY ON FOR PETITION— 2014 General Petition Instructions 1. These instructions apply to the petition packet as a whole. You will also find included detailed instructions regarding the Case Comment and the Bluebooking Exercise. 2. You should disregard anything you have heard contrary to this packet. Information in the packet controls. 3. To pick up a packet in person, or to drop off your Bluebook exercise in person, go to the Minnesota Law Review Office, on the Second Floor of the Law Library (through the double doors and on the left) during the designated petition office hours. 4. The pick-up and drop-off time are not time sensitive. You may electronically submit your petition any time before 11:59pm on the day it is due, but you must turn in the Bluebook exercise during the designated office hours. 5. If you are returning the Bluebook exercise by mail, the petition does not need to be received by the due date, but must be postmarked by that date. Please send completed exercise to: Minnesota Law Review University of Minnesota Law School 229 19th Ave. South Minneapolis, MN 55455 6. If you pick-up the petition or, under extenuating circumstances, have the petition emailed to you, you will have 14 days to complete the petition. If the petition is mailed to you, you will have 16 days to complete it. All completed petitions must be received electronically or postmarked by June 3 at the latest. 7. If you have questions during the petition period, email [email protected]. 8. There should be one-inch margins on all sides of your petition. 9. Word document tips: a. To add an endnote: click reference tab and insert endnote b. To cross-reference: click insert tab and click cross-reference. Under the reference type select endnote. Choose the desired endnote and click insert. Note, to update the endnotes press F9 or go to print preview. c. SMALL AND LARGE CAPS: select the text and select Ctrl + Shift + K. You can also go into font and click small caps under effects. —PETITION 101 SAMPLE INSTRUCTIONS: DO NOT RELY ON FOR PETITION— 10. X is the main case. It should be the focus of your Case Comment. Petitions must follow the Case Comment Structure (see case comment instructions) and address the issues this case raises. We have tried to present a balance array of viewpoints on issues pertinent to X. You may find that some of the materials in this packet express ideological or political points of view with which you disagree. We want to stress that we are not selecting staff based on the personal political views expressed in the petition. Your chances of selection will not depend on the position you take but rather on how well you support that position. 11. You should turn in: a. By email to each journal you are applying to PDF versions of the: i. Case Comment – saved as your three digit petition number, example: 015 ii. Personal Statement – saved as [petition number] Personal Statement [Journal abbreviation], example: 015 Personal Statement JLI iii. Cover Sheet – saved as [petition number] Cover Sheet [journal abbreviation], example: 015 Cover Sheet JLEL b. In person or by mail: i. Bluebook Exercise – one original copy of your final hand-edited in dark ink. Note that only one copy is needed no matter how many journals you are applying to. Include your petition number on each page of the exercise. 12. Journal Abbreviations and Emails: a. Minnesota Law Review: i. Email: [email protected] ii. Abbreviation for document title: MLR b. Journal of Law & Inequality i. Email: [email protected] ii. Abbreviation for document title: JLI c. Minnesota Journal of International Law i. Email: [email protected] ii. Abbreviation for document title: JIL d. Minnesota Journal of Law, Science & Technology i. Email: [email protected] ii. Abbreviation for document title: JLST —PETITION 101 SAMPLE INSTRUCTIONS: DO NOT RELY ON FOR PETITION— e. ABA Journal of Labor & Employment Law i. Email: [email protected] ii. Abbreviation for document title: JLEL —WWW.MINNESOTALAWREVIEW.ORG/ABOUT/MEMBERSHIP— 2014 LAW REVIEW/JOURNAL PETITIONING CASE COMMENT INSTRUCTIONS ABA JOURNAL OF LABOR & EMPLOYMENT LAW JOURNAL OF LAW AND INEQUALITY JOURNAL OF LAW, SCIENCE & TECHNOLOGY JOURNAL OF INTERNATIONAL LAW MINNESOTA LAW REVIEW I. GENERAL A. Case Comments. The main part of your petition (in addition to the Bluebook exercise and the personal statement, if any) will be comprised of a Case Comment. A Case Comment centers on analyzing the holding of a particular case (the “main case”) in the context of a variety of other sources, including other cases, journal and law review articles, scholarly works, and other forms of commentary and analysis such as internet blog posts. B. There is no “right” answer. We grade the Case Comment portion of your petition based on how well you make an argument, use the sources, and properly structure and bluebook your Comment. We do not grade based on what argument you make or whether we agree with it. C. Only use the material in the packet. The petition packet contains all of the research material you may use to write the Case Comment. Additional research is prohibited; if it is discovered that you have done additional research, your petition will be immediately disqualified. The cases and articles may have been edited to reduce the size of the packet or remove extraneous material; do not worry if a case or article is incomplete. You may not look up any outside sources or the full text of any material that is in the packet. While writing the petition, you may not consult any legal source outside of the petition packet (whether in electronic or paper form), even if the source is not related to the subject of the petition. If a source within your petition packet cites to another source, cite directly to the source included in the packet and include a “quoting” or “citing” parenthetical to identify the external source. Example: See, e.g., Julia Zwak, How To Write a Petition, 99 MINN. L. REV. 199, 200 (2014) (quoting LAUREN ROSO ET AL., THE BLUEBOOK IS YOUR FRIEND 76 (2014)). In this example, the Zwak article is in the petition packet, and the Roso book is not. A direct citation to Roso would be an improper citation to a source outside of the packet. 1 —WWW.MINNESOTALAWREVIEW.ORG/ABOUT/MEMBERSHIP— You also may not refer to any external sources for endnote and citation purposes. Your petition packet contains all of the information needed to complete citations for each source. If you believe you do not have enough information to accurately cite a source, do your best with the information that is provided. The only outside references you may consult are the Bluebook, dictionaries (legal or otherwise), a thesaurus, and a grammar/writing manual; you may not, however, cite to any of these sources in your Comment. D. Do not talk to other people about your petition. Petitions must represent your own work. You may not discuss the petition or any aspect of the petitioning process with other people nor may you have anyone else proofread or comment on your work. This includes the Case Comment, Bluebook exercise, and personal statements. “Discuss” includes electronic communication such as blog postings, social networking sites, instant messaging, text messaging, etc. It does not matter if one or both of you may have already completed your petition or decided not to petition at all—do not discuss the petition. Violation of these instructions may constitute an Honor Code violation. Exception: You may look at the petition samples on the Minnesota Law Review website for ideas about formatting or style, but remember that these are on different topics. They also might contain errors or outdated material. Treat them as a resource, but not authoritative. II. FORMATTING A. Fonts and Submission Formatting 1. Petitions should be completed in Times New Roman (12 point) or the substantial equivalent (e.g. Times 12). 2. Margins should be 1” on all sides. 3. Petitions should be saved and submitted electronically in PDF format. B. Header and Footer. The header on every page should contain your petition number in the upper, right-hand corner. The header should contain no other information. The footer on every page should include a page number in the middle of the page. The footer should contain no information other than the page number. C. Text and Endnotes. Your petition should be roughly evenly split between text and endnotes. Do not use footnotes. Both text and endnotes sections should be double-spaced. The text section should be no more than 10 pages in length. The endnotes section should be no more than 10 pages in length. If either section exceeds 10 pages in length, your petition may be disqualified. Double check 2 —WWW.MINNESOTALAWREVIEW.ORG/ABOUT/MEMBERSHIP— that your page lengths remain consistent after converting your Petition to PDF format. D. Citations. Citations should be in endnotes only. All citations should conform to the rules in the Bluebook, 19th Edition. You should use the “white pages” section of the Bluebook, not the “blue pages” section that you may have used in your Legal Writing course. Do not use parallel citations unless the Bluebook calls for them. E. Cite Original Page Numbers Only. All sources have been specially edited for the petition packet. Information concerning reporter/journal name and initial page number appears at the top of the first page for each source. When the source is paginated, subsequent page numbers are indicated by an asterisk (Ex. *545). These numbers correspond to those in the reporters/journals. Do not cite to the petition packet page numbers written in the bottom center of each page in the packet. Brackets indicate additions or omissions by petition editors. Example: *500 Marty McFly awoke in a pool of sweat to Huey Lewis blaring over his clock radio. He quickly ran out of his house and got on his skateboard to meet Doc at the mall. It was in the middle of the night. …[*514]… When he awoke for the second time, *515 Marty opened the door of his house and saw, to his astonishment, Biff waxing the family car. If you wanted to cite Marty skateboarding to the mall in the middle of the night, that would be on page 500. If you wanted to cite Marty seeing Biff, that would be on page 515. Don’t be alarmed that 14 pages are missing from the selection; again, the cases and articles in the packet have been edited. Note that the page number 514 has been added to let you know what was omitted. This may not always be added for you. If no page number is added, you could still deduce that Marty awaking for the second time was found on page 514, by the fact that this information comes directly before page 515. F. Cross-References. You may use supra cross-references in endnotes to refer to a source that you have cited previously in accordance with Bluebook rules. You may not use internal cross-references either in text or endnotes to refer forward (infra) or back (supra) to your own text. III. ANALYTICAL PROCESS A. Read the Main Case Thoroughly. No matter what analytical approach you take and no matter what argument you make, the main case should be at the center of your Comment. Make sure you understand all the arguments and reasoning 3 —WWW.MINNESOTALAWREVIEW.ORG/ABOUT/MEMBERSHIP— contained in the redacted version in your packet, including any concurrences and dissents. B. Read the Entire Packet. Make sure you understand the relevance and perspective of each source included. Think about what relationship it may have to the main case, what perspective and arguments each author contributes, and how you might use it in constructing your argument. You may conclude that a particular source is not relevant or useful. That’s fine. But make sure you have a reason for which sources you choose to use or not use. C. Synthesize. Identify all of the relevant legal and policy issues raised or affected by the main case. D. Choose a theme. Identify the main argument you want to make. You can choose any analytical approach that appeals to you, including a discussion of the impact of the case on the law, what the Supreme Court (or other courts) should do in response to the legal situation created by the main case, what policy actions should be taken to address the issues raised by the main case, a critical theoretical discussion of the assumptions underlying the main case, or any other approach that you feel you can support with the materials provided and with your own analysis. Remember, there is no “right answer” and this means there is also no single “correct” analytical framework. Your petition should reflect what you have to say about the main case. E. Organize and Outline. Using the materials in the packet (and only those materials), organize and outline the argument you will make in your Comment and how you will support that argument. F. General Advice. 1. 2. 3. 4. 5. 6. Avoid passive voice. Try to stick to one idea per paragraph. Keep your sentences crisp. Avoid long, complex sentences. Speak in plain language. Avoid “legalese.” Write in the third person. Use “pincites” where appropriate to direct the reader to specific material within a source that supports your point. 7. Check the Bluebook for how to format each and every citation you make. 8. Look at old petitions for insights into formatting and structure. IV. WRITING THE COMMENT. A. Title. The title should identify broadly your thesis about the main case that you will discuss in your Comment. It should include the case name. The title should be at the top of your Comment, in all caps, and centered. 4 —WWW.MINNESOTALAWREVIEW.ORG/ABOUT/MEMBERSHIP— B. Introduction 1. First paragraph: A brief statement of the facts, the procedural posture, and the holding of the main case, in that order. Use endnotes to elaborate. Do not detail the holding yet. Save this for the case description. 2. Second paragraph: A description of the important issues raised in the main case and the reason why the case and those issues are important. 3. Third paragraph: An outline of your Comment. First, state the goal of your Comment; second, tell the reader what you will do in each section of your Comment; and third, conclude with your thesis. Use the device “this Comment” in the third paragraph and whenever you wish to address the reader to map out what you plan to do. After the third paragraph, however, you should keep such intrusions to a minimum. C. Part I: Background Section. The background section introduces the cases and principles that place the main case and your analysis in perspective. 1. Economy of Information. Your goal is only to introduce the information necessary for the reader to understand the main case and the basis for your argument about it. Do not actually discuss the details of the main case unless they are directly relevant to your analysis. Use broad statements of the law in the text, then support the with citations and parenthetical summaries of key cases and arguments in endnotes. 2. Introductions. Your other goal here is to introduce other cases and important journal articles that you will use. Do not discuss them in detail, but make the reader aware of where they fit in the overall framework of law and policy addressed by your Comment. 3. Relevance. Everything in the background section should relate directly to the analysis you will give in Section E, below. Omit or endnote collateral matters. D. Part II: Case Description Section. The case description follows the background section. This section should describe the holding and reasoning of the main case in detail. 1. First paragraph: Link the main case into the overall state of the law as you described it in your background section. 2. Next: Describe each holding in the main case and summarize the reasoning of the court. Support your statements with citations in endnotes. Resist the urge to analyze or critique the court’s holdings and arguments. You will do that in the next section. E. Part III: Analysis Section. Analyze and critique the main case in detail. Use any intellectual framework or analytical bent you choose, provided that you feel you can use the materials in the packet to adequately support it. Remember: 5 —WWW.MINNESOTALAWREVIEW.ORG/ABOUT/MEMBERSHIP— 1. There is no “right answer” or “wrong answer.” Your Comment will be scored on how well you structure and support your argument. Your Comment will not be scored on the substance of your argument. 2. Avoid introducing new material. Most of what you use should have been introduced, albeit briefly, in the background section. You may refer to material you discussed previously in the text (e.g. “As discussed in Part I . . .”), but you should avoid using internal cross-references in endnotes (e.g. “See supra, note X and accompanying text.”). 3. Support your arguments. Precedent does not bind you as it does a court, but when you are critiquing any court’s holding, you should support your argument with appropriate reasoning and, where possible, citations in endnotes. Avoid making merely conclusory statements. Analyze; don’t just assert. 4. Consider counterarguments. Likewise, make sure to explicitly discuss arguments that disagree with your arguments and explain why your arguments are better. Again, support these points with citations in endnotes. 5. Avoid repetition. Your space is very limited. Make each point, support it with analysis in text and citations in endnotes. Then move on. F. Conclusion. The conclusion is a very brief two-part summary of your comment. The first part should outline the problem posed in the main case. The second part should state and defend your analysis. After the reader skims your introduction and your conclusion, she or he should be able to understand the issues raised in the main case, the court’s holding, and your analysis. 6 Minnesota Law Review Petition Scoring Information Score Range Organization Legal Analysis Use of Authority Bluebook/ Mechanics Writing Style 9-10 - Follows Note/Comment format perfectly. - Subsections and headings used well. - Introduction, background, and analysis have appropriate length and substance. - Clear road-mapping. - Always flows from section to section. - Author adopts an insightful position and comes to a logical conclusion. - Note/Comment remains focused. - Author sets up analysis in the background section and uses all of the background information. - Demonstrates thoughtful, creative analysis of sources of all viewpoints. - Frequent endnotes (every 1-2 sentences). - Detailed and helpful endnotes - Endnotes relate logically and effectively to the above-the-line statement. - Endnotes use a majority of BB signals. - Endnotes contain explanatory parenthetical sentences. whenever appropriate - Nearly all the petition packet sources are cited. - Few or no obvious BB mistakes. - Few or no obvious grammatical mistakes. - Few or no general errors. - Clearly written - Sentences all complete and of varying length . - Word choice consistent and interesting. - Writing is concise and focused. - Almost no passive voice. 7-8 - Mainly follows Note/Comment format. - Most subsections and headings used well. - Introduction, background, and analysis mostly have appropriate length and substance. - Generally clear road-mapping. - Usually flows from section to section. - Author adopts a position and comes to a related conclusion. - Note/Comment generally remains focused. - Author generally sets up analysis in the background section and uses most of the background information. - Demonstrates generally insightful analysis of multiple viewpoints. - Frequent endnotes (every 2 or 3 sentences). - Detailed and helpful endnotes. - Endnotes relate logically and effectively to the above-the-line statement. - Endnotes use many BB signals. - Endnotes often contain explanatory parenthetical sentences when appropriate. - A great majority of the petition packet sources are cited. - Some BB mistakes. - Some grammatical mistakes. - Some general errors. - Generally, noticeable number of errors. - Mostly clearly written. - Mostly simple sentences and some variety of sentence length. - Some interesting word choices. - Writing is fairly focused. - Very little passive voice. 5-6 - Note/Comment format generally followed, but there are noticeable deviations from the official format. - Author adopts an obvious position and comes to a somewhat related conclusion. - More than one endnote per paragraph. - Endnotes could be more detailed and helpful. - Frequent BB mistakes. - Frequent grammatical - Some unclear sentences, ideas. - Some run-on or fragmented 1 - Subsections and headings are used, but not always sequenced or logical. - One or more of the introduction, background, and/or analysis section is too long/short, and/or contains inappropriate substance. - Somewhat clear road-mapping. - Occasionally flows from section to section. - Note/Comment often loses focus. - Analysis is minimally related to the background section and uses little of the background information. - Demonstrates only some insightful analysis and gives only cursory treatment to contrary viewpoints. - Endnotes generally relate to the above-the-line statement. - Endnotes use few BB signals. - Endnotes contain few explanatory parenthetical sentences. - Little more than ½ of the petition packet sources are cited. mistakes. - Frequent general errors. - Generally, distracting number of errors sentences and little variety of sentence length. - Appropriate but “boring” word choices. - Writing is adequately focused but goes on some tangents. - Some passive voice. 3-4 - Attempt at Note/Comment was made, but there are significant deviations from the official format. - Subsections and headings are used inconsistently and/or are not sequenced or logical. - The introduction, background, and analysis sections are too long/short, and do not tie together to aid the argument in the Note/Comment. - Unclear or minimal roadmapping. - Generally fails to flow from section to section. - Author fails to adopt a position and fails to come to a conclusion. - Note/Comment lacks focus - Analysis is not related to the background section and does not use the background information. - Mainly obvious, uncreative analysis, and addresses very contrary viewpoints. - One or fewer endnotes per paragraph on average. - Endnotes lack detail/are unhelpful. - Endnotes do not relate to the above-the-line statement. - Endnotes do not use BB signals. - Endnotes contain few explanatory parenthetical sentences. - Less than 1/2 of the petition packet sources are cited. - Serious BB mistakes. - Poor grammar. - Serious general errors. - Generally, BB and grammatical errors make it difficult to read. - Unclear sentences. - Frequent run-on or fragmented sentences. - No variety of sentence length. - Writing is poorly focused and wanders. - Frequent use of passive voice. 1-2 Little to no attempt. Little to no attempt. Little to no attempt. Little to no attempt. Little to no attempt. 2
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