Lawrs Course Manual FALL 2020 PDF

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LEGAL%ANALYSIS,%WRITING,%AND% RESEARCH%SKILLS%I%&%II% COURSE% MANUAL% RUTGERS%LAW%SCHOOL% PROFESSOR%EMILY%KLINE% Fall%and%Spring% 2020-21%

I. BOOKS Two books are required for this course: 1. The Bluebook: A Uniform System of Citation (21st ed., Harvard Law Review Association 2010). 2. Helene S. Shapo et al., Writing and Analysis in the Law (7th ed., Found. Press 2017). You may also find the following books helpful: 1. Deborah Bouchoux, Aspen Handbook for Legal Writers: A Practical Reference (Wolters Kluwer, 4th ed. 2017). 2. Linda J. Barris, Understanding and Mastering the Bluebook: A Guide for Students and Practitioners (Carolina Acad. Press, 3d ed. 2015). 3. Bryan Garner, The Redbook: A Manual on Legal Style (Thomson West, 2d ed. 2006). II. LAWRS OBJECTIVES AND WORKLOAD A. Credits and Learning Outcomes LAWRS I is a 2.5 credit, fall-semester course that focuses on objective legal analysis, research, and writing. LAWRS II is a 2.5 credit, spring-semester course that focuses on persuasive argument, research, and writing. You must complete all required assignments to receive credit for each semester. After completing LAWRS I and LAWRS II, you should be able to: • Read and understand court opinions; • Understand the difference between the holding and reasoning of an opinion; • Understand the difference between relevant and irrelevant facts; • Research common law and statutory law using both print and online sources; 1

• • • • • • • •

Understand the relative advantages and disadvantages of print and online research; Effectively synthesize case law to determine how a court applies legal rules to specific facts; Read and understand statutes and regulations; Understand the difference between objective analysis and persuasive argument; Persuasively argue laws, facts, and policies for a client; Clearly and concisely communicate research, analysis, and argument both orally and in writing; Effectively edit and proofread your writing; Cite to sources of law and fact in compliance with The Bluebook: A Uniform System of Citation and with local rules.

B. Workload This course offers readings, lecture material, writing assignments, and online activities, including active discussions and exercises. The class will be taught remotely and synchronously during Mondays and Fridays at the times indicated on the law school schedule, unless otherwise noted on the syllabus. For a detailed week by week schedule, please refer to the syllabus posted on the home page in Canvas. You are expected to work a minimum of two hours outside of class for each hour (calculated on a 50-minute basis) of in-class time. When you do not have an assignment due, expect to spend approximately one to two hours per week reading for class. When you do have an assignment due, expect to spend five to twenty-five hours per week researching, outlining, drafting, editing, and rewriting a document. III.

ZOOM AND CANVAS

I will be using Zoom to teach synchronous classes. All other information and class materials will be posted on Canvas. Please check your Rutgers email DAILY as I send out emails and announcements about class often. The Zoom class links should be accessed through Canvas on the Zoom tab. My personal zoom room link is also posted on the Home page in Canvas for drop in office hours. Instructions for Zoom are available at: https://support.zoom.us/hc/en-us/sections/201740096Training and https://it.rutgers.edu/zoom/knowledgebase/how-to-create-your-rutgers-zoom-account/. If you are experiencing problems with Canvas, please contact Canvas at 877-361-1134 or [email protected]. For computer/connection issues, contact [email protected] or OIT Newark at 973-353-5083. IV.

OFFICE HOURS

Depending on the week, I will hold both open office and office hours by appointment. For open office hours, any student may log-in at the reserved time and will be automatically placed in a “waiting room.” I will admit students to a conference individually on a first come-first served basis. Meetings will be limited to 10 minutes in duration if there is another student in the waiting room. During busy weeks, you can sign up for office hours by appointment. 2

V.

VI.

RULES OF ETIQUETTE FOR ONLINE LEARNING 1. Students should participate in class via video during all synchronous lectures. If you do not have access to a webcam or you are unable to participate via video for any other reason, please contact me. During synchronous classes, you are not allowed to use any other devices other than your laptop or phone that you are using to attend class. 2. Mute your speaker when you are not speaking in class. 3. Pay attention! a. Cell Phones: There will be times when you will need your cell phone to respond to a poll in class or other activities, so please keep it close by. Otherwise, mute your cell phone and do not be distracted by looking at it. b. Computers: You may use your computers to participate in class and take class notes. However, multi-tasking on your computers (e.g., reading anything other than materials related to the current discussion in LAWRS class, shopping, messaging, checking emails, etc.) is unprofessional, distracting, and discourteous to me or a guest speaker. 4. Exhibit professional behavior toward fellow students, teaching assistants, and faculty, including being on-time for class and conferences. 5. Exhibit professionalism in written communication, including email sent to fellow students, teaching assistants, and faculty. GRADES

You will receive a final grade for LAWRS I and for LAWRS II. LAWRS I is a 2.5-credit, fall semester course that focuses on objective analysis, research, and writing. There are five assignments on which you will receive a grade. The weight given to each of these assignments is: Final Closed Memo 10% Torts Research Memo 35% In Class Client Letter 10% In Class Research Quiz 5% Statutory Research Memo 40% All other assignments during the semester are ungraded. *Final percentage grade break-down for LAWRS II assignments will be posted with the LAWRS II syllabus. All assignments, including those that are ungraded, must be completed to pass the course. If a student’s paper appears to be less than a serious effort to complete an assignment, the student will receive an F and will be required to re-write it or another similar assignment. The F grade will not be changed. Failure to re-write such an assignment will result in a grade of F for the course. After calculating your course grade based upon the above percentages, I will have the discretion to raise or lower your grade no more than one step (e.g., raised from A- to A or lowered from B+ to B) based on the following factors: •

class attendance and participation 3

• •

extraordinarily strong or extraordinarily poor effort on ungraded assignments adjustment to bring class average between 2.95 and 3.1 (or 3.2 for LAWRS II).

See Appendix B for an example of course grade calculations. All LAWRS Instructors must submit course grades for their students that average between 2.95 and 3.1 for LAWRS I and 2.95 to 3.2 for LAWRS II. VII. ATTENDANCE IS MANDATORY The law school’s mandatory attendance policy applies to LAWRS classes, including those classes and seminars taught by teaching associates, librarians, and representatives from Lexis and Westlaw. A student who is more than fifteen minutes late will be charged with an absence. Only the Dean of Students can excuse an absence. VIII.

LATE PAPERS AND EXTENSIONS

A. General Papers are due at the scheduled class starting time on the dates indicated on the syllabus, even when we have no formal class meeting, unless I designate a different time. Assignments submitted late will incur a grade penalty, as explained below in section IV.B. The purpose of this policy is to ensure a level playing field for all students and to help you learn to manage your time as a lawyer. If extraordinary circumstances arise that prevent you from submitting a paper on time, contact me either before class, if possible, or as soon after class as possible. Failure to contact me within a reasonable time will result in the denial of any requested extension. I may grant extensions on assignment due dates or times, at my discretion, for good cause, e.g., extraordinary personal problems. If you need an extension because of illness or disability, first discuss your request with the Dean of Students. Foreseeable circumstances--such as routine personal issues, transportation problems, and the stress associated with the first year of law school--will not justify extensions at law school. Courts and employers seldom excuse attorneys for foreseeable delays. Problems with software, computers, printers, and photocopiers, including those in the law school, will not excuse untimely submission of a paper. Courts expect attorneys to submit documents on time, regardless of hardware or software problems. B. Penalties for late papers 1. Papers submitted more than fifteen minutes late will be penalized one grade step, e.g., from an A- to a B+. 2. Papers submitted more than seventy-five minutes late will be penalized two grade steps, e.g., from an A- to a B.

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3. Papers submitted more than three hours late will be penalized one full grade, e.g., from an A- to a B-. 4. Papers submitted more than twenty-four hours late will be penalized one full grade plus one grade step, e.g., from an A- to a C+. 5. Papers submitted more than forty-eight hours late will be penalized two full grades, e.g., from an A- to a C-. 6. If a paper is more than seventy-two hours late, it will receive an automatic F and I will set a final due date for the paper. If you do not submit the paper by the final due date, you will receive a grade of F for the course regardless of your performance on other assignments. If you submit the paper by the final due date, the grade on the paper will remain an F. You will not receive, however, an F for the course because of the paper’s lateness. 7. Failure to follow assignment instructions may affect your grade.

When Paper Is Submitted

Grade Penalty

More than 15 minutes

One step

76 minutes to 3 hours

Two steps

3+ hours to 24 hours

One full grade

24+ hours to 48 hours

One full grade plus one step

48+ hours to 72 hours

Two full grades

More than 72 hours

Automatic F

Sample Original Grade B B B

Sample Final Grade After Penalty BC +

B

C C-

B

D

F

F

IX. STYLISTIC REQUIREMENTS The LAWRS stylistic requirements (most of which are similar to court rules concerning briefs) are to be followed for all LAWRS assignments, unless an assignment instruction states otherwise. Failure to follow these requirements will lower your grade and/or cause an assignment to be returned for revision. See Appendix A.

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% X. ASSISTANCE ON ASSIGNMENTS FROM PROFESSORS AND TEACHING ASSOCIATES The teaching associates and I have extensive office hours every week. We encourage you to meet with us during scheduled office hours and to e-mail us. We will endeavor to check our e-mails daily Monday through Friday and respond to e-mails as promptly as possible. E-mails should be used for well-defined, discrete questions. Wide-ranging questions or those of a more general nature should be reserved for office hours. We will answer individual questions about assignments to guide you through the research, analysis, and writing process. Our library liaison will also answer your questions about research. We encourage you to discuss your outlines and research with us during office hours and by e-mail. We will provide general comments on outlines, case lists, and short specific parts of a paper (such as the questions presented of a memo or the point headings of a brief). We will not, however, “pre-edit” student drafts by making detailed comments on complete drafts of an assignment. Teaching Associates will provide guidance on citation form, but will not correct every citation in a case list before submission of a paper. We may limit the number and size of outlines each student may submit per assignment. Before asking a question about an assignment, please make a reasonable effort to obtain or figure out the answer yourself. Students who appear to have made a substantial effort to resolve their questions before asking for help will receive more help than students who appear not to have made this effort.

IX. COLLABORATION AND PLAGIARISM A. Collaboration: Attorneys frequently collaborate with one another at work, but sometimes you will be asked to perform a task at work without the opportunity to discuss it with others. We want to ensure you master the skills you need to excel at summer jobs and after law school. Unlike the outcome of a legal matter, which does not depend upon the amount of original work contributed by one attorney, the grades you receive in law school reflect the quality of your own work. General Rule Unless otherwise specified by your professor, you may discuss all graded and ungraded assignments with anyone, but you must write the assignment by yourself. Plagiarism, as defined in Rutgers' "Academic Integrity Policy," is prohibited. Guidance 1) What You May Do: • You may discuss graded and ungraded assignments with anyone during the pre-writing stages. You may perform the following tasks with other students: 6

o o o o o

Discuss the facts. Research the law. Outline the large-scale structure of your analysis or argument. Evaluate the effectiveness of your analysis or argument. Comply with citation rules.

• You may discuss your research, writing, analysis, arguments, and citations on graded and ungraded assignments with your professor and your teaching associate. • You may discuss your research on graded and ungraded assignments with librarians and with representatives from Lexis and Westlaw. •

You may show to anyone your: o Notes from class. o Written answer to an ungraded assignment. o Written outline of a graded assignment that presents the large-scale organization of your writing, but that is not so detailed that it is essentially a rough draft of your paper.

2) What You May Not Do: • You may not receive advice on your written answer to a graded assignment—in either draft or final form—from anyone other than your professor or teaching associate. All of your writing must be your own work product.

B. Plagiarism Please see Appendix C, attached, for the University’s plagiarism policy. For guidance, please refer to the following rules to ensure that you comply with the University’s plagiarism policy:

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RULE%1:% You%must%acknowledge%the%direct%use%of%someone%else's%words.% ! When!you!take!four%words%or%more%in%a%row%directly%from%a%source,!to!avoid!plagiarism!you! must!place!quotation!marks!around!the!quoted!words!and!provide!a!citation!to!the!source!of! the!words.!! ! !

RULE%2:% You%must%acknowledge%any%ideas%you%paraphrase%from%any%source.% ! When!you!paraphrase!or!restate!someone!else's!words,!to!avoid!plagiarism!you!must!provide! proper!attribution.!Even!if!you!replace!a!few!words!and/or!change!the!order!of!the!source! sentence,!you!must!cite!your!source.! ! ! !

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RULE%3:% You%must%acknowledge%your%direct%use%of%someone%else's%idea(s).% ! If!you!express!the!same!idea(s)!as!another!source,!to!avoid!plagiarism!you!must!provide!proper! attribution.!!If!you!borrow!an!idea!from,!or!express!a!similar!idea!as,!another!source,!you!must! include!a!citation!to!that!source.!!If!you!are!in!doubt!about!whether!an!attribution!is!required,! err!on!the!side!of!providing!one.!!In!legal!writing,!citations!to!authoritative!sources!make!your! argument!more!persuasive.!! !

RULE%4:% You%should%acknowledge%your%source%when%your%own%analysis%or%conclusion% builds%on%that%source.% ! Legal!writers!often!build!on!other!sources!to!develop!their!own!analysis!or!arrive!at!their!own! conclusions.!!Sometimes!a!source!may!trigger!a!relevant!idea.!!In!these!instances,!a!citation!to! the!original!source,!using!an!appropriate!signal,!should!be!included.!!! ! !

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RULE%5:% You%should%acknowledge%your%source%when%your%idea%about%a%case%came%from%a% source%other%than%the%case%itself.% ! When!a!secondary!source!influences!your!thinking!about!a!primary!source,!you$should$include$ citations$to$both$sources.!! ! Sanctions:% ! Failure!to!follow!the!collaboration!and!plagiarism!rules!described!above!on!graded!written! assignments!is!a!violation!of!the!Rutgers!Law!School!Honor!Code.!!Sanctions!may!be!academic! (lowered!or!failing!grade)!or!disciplinary!(notation!on!student!record,!private!or!public!reprimand,! suspension,!or!expulsion),!or!a!combination.!Students!who!have!violated!these!rules!in!the!past!have:! • received!grades!of!F!on!particular!assignments;! • received!grades!of!F!for!the!course;!and/or! • been!suspended!from!the!law!school!for!up!to!one!year.% ! ! If!you!have!any!questions!about!these!rules,!please!discuss!them!with!me.!When!in!doubt! about!whether!certain!conduct!or!discussions!would!violate!these!rules,!play!it!safe;!don't!do!it!or! discuss!it!with!me.!

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X.

ACCOMMODATION

Rutgers University welcomes students with disabilities. If you have a documented disability, you may request consideration for reasonable accommodation for classroom learning and test-taking. During fall/spring 2020-21 semesters, please address any questions regarding an accommodation for a disability to Dean Sarah Regina. She will conduct an intake interview and will ask you to provide documentation of your disability (for further information about documentation, visit https://ods.rutgers.edu/students/documentation-guidelines). Once a decision is made regarding your eligibility for accommodation, arrangements for the approved accommodation will be made. For more information, please contact Dean Regina, 8

[email protected], Room 170, 973.353.3066. You may also contact the Office of Disability Services, located in the Paul Robeson Campus Center (Suite 219), at [email protected] or (973) 353-5375. XI. RUTGERS COPYRIGHT POLICY The PowerPoints, videos, posted materials, and any recorded class meetings developed by your professor are the exclusive copyrighted property of Rutgers University and the professor teaching the course. Rutgers University and the professor grant you a license only to replay them for your own personal use during the course. Sharing them with others (including other students), reproducing, distributing, or posting any part of them elsewhere –including but not limited to any internet site—will be treated as a copyright violation and an offense against the honesty provisions of the Code of Student Conduct. Furthermore, for law students, this conduct will be reported by the Law School to the licensing authorities in any jurisdiction in which you may apply to the bar.

XII. CONFERENCE RECORDING POLICY If you wish to record a one-on-one conference with the Teaching Assistants or the Professor, you may do so on your phones or with an mp3 player or other recording device. By accepting this offer to record conferences, you agree NOT to share the recording with anyone else, whether or not that person is connected to the law school. Neither the Professor, nor the Teaching Assistants, consent to any use of the recordings other than for your own personal use for writing, editing, or otherwise preparing your assignments for this course. The recordings may not be reproduced, retransmitted, broadcast, emailed, uploaded to, or downloaded from, any site on the world-wide web or Internet. Failure to abide by this policy constitutes an ethical violation, which will be prosecuted to the full extent allowed under the Law School’s Academic Integrity Policy, and also will be rep...