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Law 6206 Capital Punishment Seminar

General Structure

Traditionally, a seminar/term paper will consist of four major sections: (1) Introduction; (2) Background; (3) Analysis; and (4) Conclusion. This section contains a brief outline to follow, but each subsection is examined in detail in the subsequent pages.

Traditional Structure of a Seminar Paper

 

1. Introduction - Set out the "Crux" of the Paper

Introductions establish context. In order words, introductions "identify the topic of the paper, locate the topic within the general literature on the subject, announce the thesis, and point toward the support offered and organization followed." (Fajans and Falk 2011). An author may craft the introduction how they see fit. Traditionally, the author has creative freedom to introduce the paper as long as the format provides the necessary contextual information to the audience. Here are a few successful ways to provide an introduction.

Use Narrative, including a Hypothetical

  • Opening a paper/comment with a first-person narrative in ordinary language engages the reader's interest & provides context for the alleged problem that is the point of the paper.
  • Similarly, authors may want to create a hypothetical that provides context for the focus of the paper. A hypothetical can demonstrate how rare/common, simple/complex, or important/irrelevant a problem is, today.

Open or Close with Quotation

  • The quotation is meant to spark the reader's interest by either reflective and learned, or impertinent, humorous, and provocative. (Fajans and Falk (2011)).

Begin Quickly & Forcefully

  • Why?
    • To capture your reader’s attention.
  • How?
    • Perhaps use a provocative, wise, or humorous quote.
    • Or use some controversial statement that will draw readers in.
    • Or tell a story (either real or hypothetical)

Skeleton Outline of an Introduction Section

  • Introduce and note why the topic is important
  • Briefly summarize necessary background information
  • State your thesis
  • Convey your organization of the paper -- (i.e., "roadmap"). Tell the audience what your paper will show and in what order. If you can concisely summarize your research and outline the arguments of your paper, then odds your audience will be able to follow your analysis.

 

2. Background - Orient the Audience

The background section orients the reader. The background provides enough summary material to inform the reader of pertinent cases, public policy, and changes in the law to conceptualize the subsequent analysis section. If the paper concerns the Commerce Clause, then the background section would contain relevant case law and changes in interpretation over time to enable the current reader to understand the forthcoming analysis section. The background section should not be an encyclopedic review of every case related to the Commerce Clause, but should include enough information to successfully orient the reader.

  • Describe the genesis of the subject
  • Describe the changes that have occurred during its development.
  • Explain the reasons for the changes
  • Describe where things are now (You may also want to indicate the reasons for further change).

Skeleton Outline of a Background Section

  • The background section proves a thorough, focused summary of any material the reader needs to understand the analysis.
    • Explain the development of the law
  • Explain the major cases, theories, or view
    • Give relevant facts, rules, holdings
  • Explain the development of any statutes involved
    • Give the relevant legislative history
    • Briefly explain the major cases interpreting the statutes
  • Explain the major scholarship on the problem area
    • Briefly explain the major schools of thought
    • Briefly tell if one school of thought is more persuasive

 

3. Analysis - Explain the Thesis

The Analysis Section is the focal point of the article; it is where the author contributes to the conversation. This is the section that build upon the foundation your laid in the background section and provides novel information to the reader. This section should detail the problem at hand, the proposed solution (or remedy), as well as the reasons and rationales for such a solution. This section should acknowledge and challenge counter-arguments to strengthen your claims. Finally, the analysis section should be original and build toward the conclusions section.

  • Large-Scale Organization:
    • Discuss the major issues;
    • Separate issues and sub-issues
    • Order issues logically
  • Small-Scale Organization
    • Introduce and conclude on each issue
    • Present your arguments and rebut opposing arguments
    • Use organizational paradigms where appropriate

Skeleton Outline of an Analysis Section

  • In a traditional doctrinal article, you analyze the legal issue, pose the problem, propose a remedy, and explain why this remedy resolves the problem more effectively than other remedies.
  • Give the arguments for an against every important position
    • Discuss the strengths and weaknesses of existing case law, statutory law, and major schools of thought.
  • Analyze how your proposal fits into this Framework
    • The proposal need not solve the problem, it just need to be better than the current approaches
  • Explain the impost of this proposal on society and law (public policy)
    • What would it improve in society and law?
    • What would it cost to society and law?

 

4. Conclusion

The conclusion is the last impression of your work and it tends to be remembered. This section should leave the reader excited, informed, and interested in exploring the topic further. The conclusion, much like the introduction, may be crafted how the author sees fit, but it should not simple restate or summarize other parts of the paper. Authors should use the conclusion as an avenue to speak to the now-informed reader to reiterate their thesis and the relevance of the paper as a whole.

  • Restate the thesis of the paper
  • Summarize major points
  • If you chose to use a hypothetical in your introduction, revisit the hypothetical to "tie-up" your paper.

Skeleton Outline of a Conclusion Section

  • A short conclusion summarizes, but does not rehash, the analysis section.

  • This section should relate to issues or ramifications set out in the analysis section, inviting the reader to further reflection

  • You may discuss shortcoming here and open the door to further exploration

  • Suggestions for practitioners are often seen in the conclusion.