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Scholarly Research & Writing

This guide covers each step in the scholarly writing process—from research to publication.

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About this Guide

This guide is intended to:

  1. Assist students writing journal comments, seminar papers, or independent research projects by guiding them through each stage of the scholarly research and writing process—including topic selection, preemption checks, advanced research strategies, and plagiarism avoidance;
  2. Recommend useful resources for journal members engaged in cite-checking articles; and

  3. Outline the services and resources available through the Law Library for students involved in law reviews or journals at TTU Law.

Guide Overview

Home
Overview of the guide and quick links to key journal resources.

Scholarly Research & Writing Process
Steps for researching and writing a scholarly legal paper from start to finish.

Topic Selection
Strategies and tools for choosing a timely, original, and researchable note or comment topic.

Preemption Checks & Setting Alerts
How to ensure your topic hasn’t already been covered and how to set alerts to track new developments.

Plagiarism
What plagiarism is, how to avoid it, and when and how to cite your sources.

Structuring Your Paper
Guidance on organizing your paper effectively, from introduction to conclusion.

Bluebooking
Key rules, tips, and tools for mastering legal citation format.

Citing AI Sources
Bluebook rules and examples for citing responses or content generated by AI tools.

Shelf Checking Resources
Tools and techniques for verifying the accuracy of citations and sources during shelf checks.

Interlibrary Loan (ILL) Instructions
Step-by-step instructions for requesting materials your library doesn’t own.

Help & Services for Journal Members
Ways the law library can assist journal members with research, training, and finding hard-to-locate sources.

Questions? 

Need help with scholarly research or locating resources? Reach out to Professor Cassidy at brian.cassidy@ttu.edu or visit the Reference Desk to speak with the librarian on duty. We’re always happy to schedule a research consultation to help you get started or refine your paper topic. You can also reach us at reference.law@ttu.edu or (806) 742-7155.

Scholarly Research Process

Scholarly Research Process

The research process is a continuous cycle. Research does not follow a one-way linear progression; rather, it is a continuous process of checking and re-checking, evaluating and analyzing, and repeating the entire process over and over again. While painstaking, the research process is enables writers to become subject matter experts and draft a publishable article, comment, or case note.

There are many different ways to break down the research process. For our purposes, we’ve broken the process down into 6 steps:

1. Analyze

First, establish the purpose of your research. What is your topic, question, or problem? Define the scope of your research, know what you are looking for, and avoid the rabbit holes. When researching, it’s easy to get off topic and after hours of researching realize you’ve drifted too far away from your topic. By defining a specific scope (which may change throughout the process), you will find pertinent and relevant information for each stage of your research. You will likely need to do some preliminary, background research on the issue you are interested in before narrowing your scope.

2. Determine Research Tools

The research tools you will use vary depending on what topic you are researching as well as what step in the research process you are on. Initially, you may look for secondary sources that enable you to get a better grasp of what your topic or problem entails. As your topic develops, you will need to determine what type of sources you are looking for. For example, government websites often have search features that provide both legislative histories and other reasoning behind certain bills and treaties being passed. Scientific websites may offer more numerical and hard factual data analysis. If a specific business or industry is relevant, you will need to know what resources are most helpful for researching information pertinent to the field.

Students in need of help narrowing down which resources to use should contact Professor Arrington to set up a research consult on their paper.

3. Search

Your initial search will often include preliminary data gathering that ensures you have appropriately identified the issue. This preliminary search will be used to help you develop your thesis statement and guide the remainder of your research.

The search process will develop and become increasingly refined each time you repeat the process. This step evolves from the preliminary search of secondary resources and becomes a detailed review of primary sources. The material you search for evolves as you grasp the full extent of your topic and create a well-defined thesis.

4. Evaluate

Take time to review the sources you have gathered and ensure your topic and question are still relevant. This includes conducting a preemption check to ensure your topic and question are still relevant.

5. Keep a Record

Keep a record of the sources you have used, how you located those sources, and how each source is helpful to your paper. Developing an annotated bibliography is a great way to ensure that you can recall where the information came from when you begin the writing process.

6. Repeat

The research process is a cycle, so once you’ve completed your preliminary research, you go back through the cycle. After your preliminary analysis, determining the appropriate research tools, searching, evaluating, and recording what you’ve found, start over. Using the information you have already located, re-analyze your topic or thesis, consider what sub-issues still need further research, and follow the steps again with those issues in mind. Your research will continue to evolve as you draft your paper, as you will naturally begin to identify missing pieces that need further research.

Topic Selection

Topic Selection

Selecting a Topic
Choosing a topic to write about is one of the most difficult parts of writing a scholarly article. Not only do you have to ensure that you select an original topic, you must also ensure that others will want to read about it. In addition to ensuring originality and relevance, you must be sincerely interested in the topic as you will be spending the next several months research and writing about such topic. 

Some tips for topic selection:

  • Pick a topic that will express original, useful, and timely ideas about an important subject
  • Pick a topic that interests YOU
  • What kind of law do you want to practice?
  • Talk to professors, judges, or attorneys
  • Pick a topic that is timely
  • Pick a topic that focuses on larger social and global issues
  • Consider your own experiences
  • Research recent cases and circuit splits

Database Resources for Topic Selection

Lexis 

Lexis provides a variety of tools to help identify a timely and original note topic. While it may not provide the same depth as a subject-matter primer, it is a valuable resource for exploring different sources, identifying key topics, and reviewing current legal news headlines.

  • Browse Potential Topics – View topic lists curated for broad subject areas.
  • Search Current Awareness Resources – Monitor legal developments and trends.
  • Get an Attorney’s Perspective on an Issue – Review practitioner analysis and commentary.
  • Research a Specific Area of Law – Narrow in on statutes, case law, and secondary sources.
  • Find Circuit Splits – Identify legal issues with conflicting judicial interpretations.

These tools are most effective when used in conjunction, allowing you to start broadly and then narrow your research to a specific, original, and well-supported question. For more on how to apply each of these approaches, see Note Topic Selection on Lexis.

Westlaw​

Westlaw also offers a range of tools to help identify a timely and original topic. These resources can be used individually or together to refine and focus your research strategy.

  • Find Cases of First Impression – Locate decisions addressing legal issues for the first time.
  • Find Circuit Splits – Identify conflicts among appellate courts that merit scholarly attention.
  • Find Cases by Topic – Use Westlaw’s topic hierarchy to survey a particular legal field.
  • Find Something No One Has Written About – Search for emerging issues with little existing commentary.
  • Westlaw Bulletins & Topical Highlights – Review summaries of recent developments in specific areas of law.

As with Lexis, these tools work best when used in conjunction, moving from broad exploration to a focused and researchable legal question. For more on applying these approaches, see Choosing a Topic on Westlaw below. 

Web Resources for Topic Selection

Big legal ideas often start small—before a case or statute is dissected in a law review article, it’s usually covered first in newspapers, legal newsletters, blogs, or industry publications. Spotting a short piece about a recent case or proposed law could spark your next great paper topic.

You can find legal news in all the major legal research databases, many of which also let you search for circuit splits or cases of first impression—prime material for a unique topic.

Below, you’ll find recommended web resources for keeping up with current awareness, legal blogs (“blawgs”), legal news, and more.

Current Awareness Resources

Legal Blawgs

Both the ABA and Justia websites offer blawg directories that allow researchers to search by subject area. Legal blawgs often cover hot topics and recent court decisions, making them a valuable resource for generating potential ideas.

News Resources

Major newspapers such as the New York Times, Wall Street Journal, and Washington Post are excellent resources for spotting current legal issues.  Online news outlets like CNN and NPR can also help you identify recent developments in the law.

Circuit Split Resources

Several resources focus specifically on circuit splits. These tools can help you identify legal issues that different courts have resolved in conflicting ways.

Recent Court Decisions

Reading recent court decisions can also spark ideas for a paper topic. Use Westlaw or Lexis to search for recent decisions in areas of law that interest you.

Research Guides

Many law school libraries, including the Texas Tech School of Law Library, offer topical research guides that help you locate primary and secondary sources by subject. Law librarians invest significant time creating these guides, which can provide valuable background information to start the topic selection process and point you to specific sources relevant to your research.

To find additional guides, try Googling “research guide” or “library guide” along with your subject area (e.g., “employment law”) to discover numerous guides tailored to that topic. Harvard and Georgetown host some of the most comprehensive examples.

Texas Tech law librarians are also an excellent resource for identifying background sources and refining your prospective topic!

Preemption & Alerts

Preemption Check

What is a preemption check?

Before you begin research on an article topic, you must determine whether the topic has already been covered by another article. This process is called a preemption check.

A thorough preemption check allows you to proceed with confidence that you are analyzing a novel issue and increases your chances for publication.

When should you perform a preemption check?

Preemption checks are performed after choosing a potential topic but before beginning to conduct in-depth research. The preemption check itself is often a good start to your research.

If there is a substantial amount of time between your initial preemption check and submitting your article for publication, you will likely need to perform a preemption check before submitting.

How should you perform a preemption check?

A proper preemption check requires you to search many different databases because the such databases contain varied content. Searching a variety of databases ensures that you are doing a thorough check.  Follow these simple steps to conduct a thorough preemption check.

Step 1. Construct a list of terms and synonyms to describe your topic

Use a legal thesaurus to identify alternative words used to describe your topic. Many legal thesauri are available in the Texas Tech Law Library.

Once you start your preemption check, you might notice terms of art or other language patterns used to describe your topic. You may need to revise your preemption check searches to account for any alternative terms.

Step 2. Organize your preemption check

To keep track of your preemption check searches, keep a running list of the search terms.

You should maintain a record of all journal article citations in your search results that warrant further investigation.

Step 3. Search a variety of databases for articles on your topic

  • Full-text law reviews and journals database on Westlaw & Lexis: Search the full-text Law Reviews and Journals databases on Westlaw or Lexis. You should run multiple searches using your terms list.
  • HeinOnline Law Journal LibraryHeinOnline’s full-text law journal database contains titles that are not available on Westlaw or Lexis and also contains broader coverage of law reviews.
  • Index to Legal Periodicals (ILP)ILP indexes articles from thousands of legal periodicals as well as law books. ILP is available through the Library’s Electronic Resources page.
  • Current Index to Legal Periodicals (CILP)CILP is more current than other journal indexes with topical access to over 500 legal publications.
  • SSRN for working papers on your topic: The Social Science Research Network (SSRN) has a Legal Scholarship Network (LSN) that contains abstracts of working papers or papers recently accepted for publication. You should check SSRN for any articles on your topic that might be published soon.
  • Google Scholar, JSTOR, or ProQuest for inter- or multi-disciplinary articlesIf your topic is likely to be addressed in non-legal journals, check non-law databases with such journals. Google Scholar allows you to broadly search for scholarly literature. You may not have access to the full-text of the articles through Google Scholar, but it will still alert you to potential red flagsTexas Tech Libraries also subscribe to JSTOR and ProQuest, which are inter- and multi-disciplinary databases.

If you need the full-text of an article from a resource not available via Texas Tech Libraries, see a Reference Librarian for inter-library loan information.

Search Tips

Generally, searching all of these databases for your topic will be sufficient to perform a thorough preemption check.

When searching, if you find that your topic has been covered, it could be preempted, and you may need to revise the focus of your topic to analyze the issue from a new perspective. If you are unable to find a new angle, you may need to find a new topic altogether. This will depend on what find during your preemption check.

If you find an older article that discusses your topic and there has been substantial change in such area, you may not be preempted because you could update the issue. But if you find a large number of articles analyzing your topic from many different angles, it may be hard to convince a journal that your article is worth publishing. A journal may feel the topic has been overdone and choose not to publish another article on the same topic.

Follow the ITAC process to develop search terms for preemption checks:

  • Issue defined in legal terms
  • Terms that are necessary to the legal issue
  • Alternatives that are reasonable
  • Connectors to join the terms in a reasonable way

Setting Up Alerts

After running your preemption check, you can ensure that you are not preempted during your writing process by setting up alerts related to your topic. Setting up alerts keeps you abreast of the most recent developments in the law that may help strengthen your paper. It is recommended that you set up alerts on all of these resources to stay as current as possible.

Lexis

Lexis allows users to set up alerts. On the top right-hand side of the screen, select the bell icon as shown below, then follow the instructions to manage alerts.

Westlaw

Westlaw also provides the option of setting up alerts. On the top right-hand side of the screen, select 'Notifications' then 'Alerts.' From there, you can set up various alerts and narrow them as needed.

Google

Setting up Google Alerts is a simple process; you do not need a Gmail account to use Google Alerts.

  1. Visit Google Alerts
  2. Set up a 'Google Alert Sign-In' if you have a Gmail account. If you do not have a Gmail account, begin by filling out the Google Alert form.
  3. Enter the search terms you want to track, separated by commas. You can edit this later if you find you have too many or too few terms.
  4. Choose the Type of results you want Google Alerts to find and share with you.        
  5. Choose how often you want to receive your Google Alerts. Once a week is probably sufficient for tracking topics related to your research paper.
  6. Choose how many results you want to receive. You can choose to receive “only the best results” or “everything” depending on your needs.
  7. Choose where you’d like the Google Alerts delivered. If you have a Gmail account, you can choose to receive them via Gmail. You can also choose to receive them via RSS or a different email account.
  8. Click the 'Create Alert' button to finish. 

Other Websites

Other research websites often offer similar notifications. Make sure to sign up for email alerts from websites with articles related to your topic.

Structuring Your Paper

Structuring Your Paper

Traditionally, a seminar paper includes four main sections: (1) Introduction, (2) Background, (3) Analysis, and (4) Conclusion. A brief summary of each section is below. For more detailed guidance, use the sub-tabs on the left to explore each section.

1. Introduction – Establish the Crux of the Paper

Introduce the topic and explain its significance. Identify the major schools of thought relative to the issue. Clearly state your thesis and proposed argument. Conclude with a roadmap that outlines the structure of the paper and previews the key points your analysis will address.


2. Background – Orient the Reader

Explain the origin and development of the issue, including any major shifts over time and the reasons behind them. Describe the current state of the law or policy, and explain why further change is necessary.


3. Analysis – Advance and Support Your Thesis

Organize your paper around the major issues and their logical subcomponents. For each issue, introduce and conclude with clear transitions. Present supporting arguments and address counterarguments, while also considering practical implications and relevant policy concerns. Ensure that both your overall structure and individual arguments are logically organized and easy to follow.


4. Conclusion – Reinforce Your Core Argument

Restate your thesis and summarize the key points made throughout your paper. If your introduction included a hypothetical, return to it here to demonstrate how your analysis resolves or clarifies the scenario, tying the paper together. Identify areas that warrant further reflection or exploration.

The Thesis

What is a Thesis?

At its core, a thesis is your paper’s argument. It is the claim you are making, the position you are taking, the solution you are proposing. It is not just a topic or description (e.g., “the Commerce Clause has changed over time”); instead, it is a point of view you will defend (e.g., “the Supreme Court’s recent Commerce Clause decisions unduly restrict congressional authority, and a return to the substantial-effects test offers a more workable standard”).

A strong thesis is:

  • Arguable – reasonable people could disagree with it.
  • Specific – it clearly defines the problem and your proposed approach.
  • Original – it adds something new to the conversation, even if modest.
  • Supportable – it can be defended with law, scholarship, and policy.

Think of the thesis as the spine of your paper. Every section connects back to it: the introduction introduces it, the background frames it, the analysis develops it, and the conclusion reinforces it.

How the Thesis Appears in Each Section

Your thesis develops across the four core parts of the paper:

  • In the Introduction – you state it briefly and clearly, often in one or two sentences.
  • In the Background – you set the stage for it by showing the legal and policy context that makes your argument necessary.
  • In the Analysis – you expand and defend it in detail, testing it against counterarguments and supporting it with doctrine, policy, and scholarship.
  • In the Conclusion – you return to it in light of your analysis, reinforcing why it is the strongest and most persuasive position.

Note: Each tab in this guide includes a discussion of the thesis as it relates to that part of the paper, showing how your thesis should appear, develop, and expand throughout the writing process.

Introduction

Introduction Purpose

The introduction sets the stage for your paper by establishing its focus and significance. A strong introduction should:

  • Introduce the topic and explain why it matters.
  • Identify the major schools of thought or perspectives on the issue.
  • Clearly state your thesis and proposed argument.
  • Conclude with a roadmap that previews the structure of the paper and the key points your analysis will address.

As Fajans and Falk explain, 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” (2011).

Outlining Your Introduction

When outlining your introduction, aim to include the following key elements:

  1. State the Problem
    – What issue does the paper address?
  2. Explain Its Significance
    – Why should the reader care? What’s at stake?
  3. Clarify Relevant Issues
    – What is the applicable law?
    – How does it fall short in addressing the problem?
    – Why does it fail to do so?
  4. Propose a Solution
    – State your thesis concisely, identifying your proposed reform or analytical approach.
  5. Preview the Structure
    – Provide a roadmap that guides the reader through your paper.
    Example: “Part II outlines the doctrinal background. Part III analyzes competing interpretations and concludes [thesis].”

Drafting Your Introduction

There is no single formula for writing an introduction, and you should adapt your approach to your topic and voice. Still, most effective introductions give readers the necessary context while also capturing their attention. Some strategies include:

  • Use a Narrative or Hypothetical: A first-person account or a vivid hypothetical can illustrate the real-world context of the problem and show its urgency or relevance.
  • Open or Close with a Quotation: A well-chosen quote can set the tone, frame the stakes, or highlight the scholarly or practical importance of the issue.
  • Begin Quickly and Forcefully: Engage readers immediately with a bold claim, vivid anecdote, striking statistic, or sharply worded observation that signals why your analysis matters.

Thesis in Introduction Section

Your thesis belongs in the introduction as a clear, concise statement of the paper’s main argument. Unlike in the background or analysis, here the thesis should be distilled to its core in one or two sentences that clearly state your position and signal the contribution your paper will make.

In this section, you should:

  • State your thesis explicitly.

  • Keep it concise: save the fuller explanation, scope, and defense for the analysis.

  • Ensure that it flows naturally from your statement of the problem and its significance.

  • Position it as the anchor of your roadmap, previewing how the paper will support it.

Tip: A good introduction answers the reader’s unspoken question: “What exactly are you arguing?” The thesis is your answer, given clearly at the outset.

Background

Background Purpose

The background section orients the reader by providing the context necessary to understand your analysis. It should not be an encyclopedic review but instead focus on the essentials needed to frame your argument. A strong background will:

  • Explain the development of the law in the area you are addressing.
  • Highlight the major cases, theories, or viewpoints that shape the legal landscape.
  • Provide the relevant facts, rules, and holdings necessary to situate your analysis.

For example, if your paper addresses the Commerce Clause, your background might highlight leading cases and shifts in interpretation over time. This ensures the reader has enough context to follow and appreciate the analysis that follows.

Outlining Your Background

When outlining your background, aim to give readers just enough context to understand and evaluate your argument. Think of it as setting the stage for your thesis. A strong background section typically includes:

  • Development of the law
    • Trace how the doctrine, statute, or legal principle has evolved over time.
    • Identify turning points such as landmark decisions, amendments, or shifts in interpretation.
  • Major cases and theories
    • Summarize leading decisions and the reasoning behind them.
    • Explain how different courts or scholars have approached the issue.
  • Relevant facts, rules, and holdings
    • Provide the foundational rules that govern the area.
    • Include only the facts and holdings that are directly tied to your issue.
  • Statutory development
    • Note key statutes and how they have been enacted, amended, or repealed.
    • Explain how they interact with case law or broader policy concerns.
  • Legislative history
    • Highlight committee reports, hearings, or debates that clarify legislative intent.
    • Use selectively to show how the law was designed to address (or failed to address) your issue.
  • Interpretation of statutes
    • Point to important cases that construe statutory language.
    • Show where courts diverge or agree in interpretation.
  • Scholarship
    • Identify major commentators, articles, or treatises that provide key perspectives.
    • Indicate whether scholars converge or disagree.
  • Schools of thought
    • Briefly introduce competing perspectives in the field.
    • If relevant, suggest which school of thought your paper will engage with most closely.

Tip: The background section is not a data dump. Each piece of information should move the reader closer to understanding why your issue matters and how your analysis will build on (or challenge) what has come before.

Drafting Your Background

While there is no single formula for writing a background section, your goal is always the same: to provide enough context for your reader to understand your analysis. The challenge is to strike the right balance, offering a thorough, focused summary without turning the section into an encyclopedic survey.

Strategies for Writing an Effective Background:

  • Be Selective. Include only those cases, statutes, and materials that directly frame your issue. Resist the urge to summarize everything you’ve read.
  • Synthesize, Don’t List. Instead of stringing together case summaries, connect them into a narrative that shows how the law has developed and why that development matters to your thesis.
  • Highlight Turning Points. Draw attention to key shifts in doctrine, statutory changes, or scholarly debates that set the stage for your argument.
  • Balance Breadth and Depth. Cover enough ground to orient the reader, but save detailed analysis and critique for the main body of your paper.
  • Integrate Scholarship Thoughtfully. Use commentary from treatises or law review articles to show how scholars frame the issue, but keep the focus on how this background leads into your own contribution.
  • Keep the Reader in Mind. Assume your reader is legally trained but not necessarily a subject-matter expert. Provide context that makes your analysis accessible and compelling.

Tip: Think of your background as building the “on-ramp” to your argument. It should smoothly lead your reader from general context to the specific problem your paper will address.

Thesis in Background Section

Your thesis should not be fully developed in the background, but the groundwork for it begins here. The background section positions your thesis by showing the legal and scholarly context into which your argument fits.

In the background section, you should:

  • Foreshadow your thesis by highlighting the gaps, tensions, or problems in the existing law.

  • Use cases, statutes, or commentary to point toward the unresolved issue your paper will address.

  • Make clear why the status quo leaves something unanswered, setting up the need for your thesis.

  • Avoid presenting your thesis in full; instead, lead the reader to see why your thesis is necessary.

Tip: Think of the background as the “runway” for your thesis. By the end of this section, your reader should understand the problem space clearly enough that your thesis feels like the natural next step.

Analysis

Analysis Purpose

The analysis section is the focal point of the article and the section where make your contribution to the scholarly conversation. This is where you build on the foundation laid in your background section and present your original thesis in full detail.

A strong analysis section will:

  • Define the problem clearly and explain why it matters.
  • Present your thesis as a proposed solution or approach.
  • Explain the reasons and rationales for your thesis.
  • Acknowledge and challenge counterarguments to strengthen your claims.
  • Show originality, moving beyond summary to contribute something new.
  • Build toward the conclusion, setting up the key takeaways of your paper.

Outlining Your Analysis

When outlining your analysis, aim to include the following elements. Each one helps you move from stating your thesis to fully defending it:

Restate and Develop the Thesis

– Go beyond the brief statement in your introduction. Here you clarify the scope of your claim, what your thesis argues, and what it does not. This ensures the reader understands exactly what you are proposing.

Pose the Problem and Propose a Remedy

– Frame the central issue your paper addresses and explain why it needs attention. Then introduce your thesis as the solution, showing how it resolves the problem more effectively than existing approaches.

Evaluate Existing Approaches

– Assess the strengths and weaknesses of current case law, statutes, or schools of thought. By evaluating what already exists, you create the foundation for why your thesis is needed.

Present Arguments For and Against

– Lay out competing positions fairly so your analysis has credibility. Then explain why your thesis is more persuasive, even if it isn’t perfect. Strong arguments anticipate and respond to objections.

Situate Your Thesis in the Broader Framework

– Show how your thesis fits within the larger doctrinal, scholarly, or policy conversation. This demonstrates that you’re not writing in a vacuum—you are contributing to an ongoing debate.

Discuss Impacts and Implications

– Explore what adopting your thesis would mean in practice. What benefits would it bring? What tradeoffs or costs might it involve? Considering consequences shows both thoroughness and originality.

Tip: Think of these steps as building blocks. Each one connects back to your thesis and ensures that your analysis section doesn’t just describe the law; it persuades the reader to accept your argument.

Drafting Your Analysis

There is no single formula for an analysis section, and authors retain creative freedom to frame arguments in different ways, so long as the section develops the thesis and supports it with law and policy.

A strong analysis section should:

  • Advance and support your thesis. Organize your paper around the major issues and their logical subcomponents. For each issue, use clear introductions and conclusions with smooth transitions.
  • Present supporting arguments and address counterarguments. Acknowledge the strongest opposing views and explain why your thesis is more persuasive.
  • Consider practical implications and policy concerns. Show how your thesis matters in real-world application, not just in theory.
  • Ensure logical organization. Both the overall structure of the paper and the flow of individual arguments should be easy for the reader to follow.

Strategies to approach your analysis include:

  • Compare competing views. Lay out opposing interpretations and demonstrate why your thesis is stronger.
  • Apply doctrine to new problems. Show how existing law should be extended, limited, or reinterpreted.
  • Highlight scholarly debate. Situate your argument in the literature and explain how it advances or challenges existing positions.
  • Structure for persuasion. Decide whether to lead with your strongest arguments or build toward them, but ensure momentum toward your conclusion.

Tip: Think of your analysis as your voice in the scholarly conversation. You are not just summarizing the law; you are persuading your audience to accept your thesis. 

Thesis in Analysis Section

Your thesis is the anchor of your analysis. While it first appears in your introduction as a concise statement, the analysis section is where you bring it to life—unpacking, supporting, and defending it in detail.

In the analysis section, you should:

  • Expand the thesis into a fuller claim. Move beyond a single sentence to clarify what your thesis argues, the scope of your claim, and any limits you are placing on it. Readers need to know not only what your thesis is, but also how far it extends.
  • Show how it solves the problem better than existing approaches. Don’t just assert your thesis—demonstrate why it offers a more effective or coherent solution than current doctrine, statutory interpretation, or scholarly arguments.
  • Defend it with doctrine, policy, and scholarship. Use case law, statutes, and academic commentary to provide authority for your argument, and strengthen it with policy considerations that show its practical value.
  • Test it against counterarguments. Anticipate the best objections to your thesis and engage with them fairly. A strong thesis holds up not because it avoids criticism, but because it withstands it.
  • Demonstrate its implications. Show what adopting your thesis would mean in both theory and practice. Ask: How would it shape legal doctrine? What effect would it have on policy, courts, or society at large?

In short: the analysis is where your thesis lives and breathes. It is not enough to state your position; you must develop it into a reasoned, persuasive, and defensible argument.

Conclusion

Conclusion Purpose

The conclusion is the final impression of your work and often the part most remembered. Its purpose is to:

  • Bring your argument full circle.

  • Remind the reader of your thesis and why it matters.

  • Highlight the broader significance of your contribution.

  • Synthesize your analysis rather than repeat it.

  • Leave the reader with clarity, conviction, and a sense of impact.

Outlining Your Conclusion

When outlining your conclusion, think about what the reader should take away:

  • Restate your thesis concisely. Frame it as the logical outcome of your analysis.

  • Highlight the key insights. Identify the most important points your analysis has established.

  • Connect to broader implications. Explain what your thesis means for future law, policy, or scholarship.

  • Acknowledge limitations or questions. Recognize what your argument cannot resolve and invite further exploration.

  • Offer recommendations if relevant. Suggest practical steps or reforms that follow from your analysis.

Drafting Your Conclusion

When drafting your conclusion, focus on synthesis and forward-looking energy:

  • Reinforce with confidence. Present your thesis as proven and significant.

  • Draw connections. Relate your work to larger debates or unresolved issues in the field.

  • Use forward-looking language. Point the reader toward future implications or applications of your argument.

  • Choose a strong closing note. End with a call to action, reflection on consequences, or a thought-provoking question.

Thesis in Conclusion Section

The thesis should reappear in your conclusion section in a stronger, more developed form:

  • Restate your thesis briefly. Show how your analysis has made your thesis clearer and stronger.

  • Show resolution of the problem. Demonstrate how your thesis addresses the issue raised in the background and introduction.

  • Point to consequences. Explain what adopting your thesis would mean in practice.

  • Leave lasting confidence. Make the reader feel your thesis is a meaningful and persuasive contribution.

Plagiarism

Plagiarism

Plagiarism: Don’t Do It.

Plagiarism is using someone else’s ideas, language, or information without properly citing or crediting the source. Whether intentional or accidental, taking credit for another person’s work is not acceptable. 

Texas Tech University School of Law Honor Code — Plagiarism Policy

You must cite sources when you:

  • Use direct quotations.

  • Paraphrase or summarize language, facts, or ideas from another source.

  • Include information that could be considered common knowledge but was not known to you before encountering it, or that might be unfamiliar to your reader.

  • Add relevant information from another source to support your topic or argument.

  • Rely on a source for authority to support any legal proposition or rule.

Forms of Plagiarism

  • Verbatim – Copying the exact words of another without quotation marks or proper citation.

  • Mosaic – Combining pieces of text from multiple sources (or parts of one source) without adequate citation, even if mixed with your own words.

  • Inadequate Paraphrasing – Failing to put an idea fully into your own words, resulting in wording too similar to the original.

  • Uncited Paraphrasing – Using your own words for another’s idea without citing the source.

  • Misunderstanding the Common Knowledge Exception – Not citing widely known facts is fine, but ideas, interpretations, and less obvious facts require citation. When in doubt, cite.

Final takeaway: When in doubt, cite your source.

Avoiding Plagiarism

These steps can help you avoid plagiarism:

  • Keep track of your sources during the entire research process.
  • Avoid copying and pasting information; correctly cite any information you plan on using.
  • Separate the resources you use from the writing, notes, and drafts you produce.
  • Don’t wait to properly cite your resources; continually update your sources using proper formatting.
  • Don’t short cite notes or drafts; use full cites until your final copy is turned in.
  • Keep a separate source document that includes the pertinent information and a summary of how each source is helpful. (An Excel spreadsheet is great for this.)
  • Give yourself time to research; the research process is time consuming and you are more likely to accidentally plagiarize if you are pressed for time.

Bluebooking

Citing Sources in Scholarly Writting

The Bluebook is the standard citation format for scholarly legal writing.

Accurate citations allow readers to easily locate your sources and demonstrate your credibility as a legal writer. While it can be challenging at first, the Bluebook becomes easier to navigate with practice and the right tools.

Quick Tips

  • Golden Rule: A reader should be able to find your source quickly using the citation you provide.

  • Use the Index: The Bluebook index can help you locate the relevant rule for any source type.

  • Check with Your Journal: If you're writing for a law journal, follow internal citation guidelines or ask an editor for guidance.

  • Look for Precedent: Try searching for your source in HeinOnline or Westlaw to see how other journals have cited it.

  • Ask for Help: Reference librarians are happy to assist with Bluebook questions—no matter how obscure!

Accessing the Bluebook

In addition to print copies linked above, the TTU Law Library provides 60 days of free access to The Bluebook Online.

To request an access key, email Professor Dajiang Nie at dajiang.nie@ttu.edu. Each key is unique and can only be used once, so you must request your own. 

How to Activate Your Subscription:

  1. Start a Free Trial at The Bluebook Online.

  2. Log In to your new account.

  3. Go to the Subscription Page.

  4. Scroll to the bottom and redeem your access key. This will add 60 days to your account.

  5. Use your TTU email address as your username when creating your account.

Once your account is set up, you can log in anytime with your username and password. Your subscription will remain active for 60 days from the date you redeem your key.

Changes in the 22nd Edition

For changes included in the new, 22nd edition (published in 2025), see: 

Citing AI Sources

Citing AI Sources

For the first time, Bluebook Rule 18.3 provides citation guidance for AI-generated content, including works produced by large language models such as ChatGPT and Gemini.

Citing LLM Responses 

Rule 18.3(a) covers large language models (LLMs) such as ChatGPT and Claude. When citing a prompted response from an LLM, the Bluebook requires authors to save a screenshot of the response as a PDF and keep it on file.

Citation Format:

A citation for a prompted response from an LLM should include:

  1. Author of the prompt
  2. Name of the AI tool used (include version number if applicable)
  3. Exact text of the prompt in quotation marks
  4. Date the prompt was submitted
  5. Parenthetical indicating where the PDF is stored

Example:

Amber Whitmore, ChatGPT-4o, “Who would make a better law librarian: Hermione Granger or Leslie Knope?” (Jan. 14, 2025) (on file with the Texas Tech Law Review).

Citing Research Results

Rule 18.3(b) provides guidance for citing the results of online search queries. When doing so, the Bluebook requires you to save a screenshot of the search results page as a PDF and keep it on file.

Citation Format:

A citation to search results should include:

  1. Name of the search engine in small capitals
  2. Exact text of the search query (including Boolean operators, if used) in quotation marks
  3. Number of results (if available)
  4. Date the search was conducted
  5. Parenthetical indicating where the PDF is stored

Example:

Google, “Texas Rules of Form”, 547,000,000 results (Mar. 3, 2025) (on file with the Texas Tech Estate Planning & Community Property Law Journal).

Citing Filtered Search Results

When citing search results that have been narrowed using filters, Rule 18.3(b) requires you to include the number of results after the filter is applied and to indicate the filter(s) used in a parenthetical. If multiple filters are applied, list each filter in the same parenthetical, separated by commas. You must also save a screenshot of the filtered results page as a PDF and keep it on file.

Citation Format:

A citation to filtered search results should include:

  1. Name of the search engine or database in small capitals
  2. Exact text of the search query (including Boolean operators, if used) in quotation marks
  3. Number of results after the filter is applied
  4. Date the search was conducted
  5. Parenthetical indicating where the PDF is stored
  6. Parenthetical specifying the filters applied

Example:

Lexis, +"tenant rights" +"repair issues", 20 results (July 22, 2025) (on file with the Texas Tech Journal for Technology, Law & Society) (filtered by "Law Reviews & Journals", "Texas").

Citing AI-Generated Content

Per Rule 18.3(c), when citing content generated by artificial intelligence, follow the relevant Bluebook rule above, but add a parenthetical indicating that the content was generated by AI and include the name of the AI model used.

If the relevant rule requires an author name, substitute the name of the person who submitted the prompt to the AI tool, if available. If the author’s name is not available, omit it.

Citation Format:

  1. Name of the individual who submitted the prompt (if known)
  2. Description of the AI-generated content
  3. Source (publication, database, or other platform)
  4. Date the content was generated
  5. Parenthetical indicating where the file is stored
  6. Parenthetical specifying the AI model used

Example:

Molly Thompson, Photograph of the Texas Tech University School of Law Library (Aug. 9, 2025) (on file with the Texas Tech Journal of the Energy Law Practitioner) (generated by ChatGPT-4o).

Cite Checking

What is Cite Checking? 

Cite checking is the process of verifying every source cited in a legal article to ensure accuracy, completeness, and proper formatting. As a journal student, cite checking is one of your core responsibilities. It requires you to:

  • Confirm the source exists. Every book, case, statute, article, or website must be located.
  • Check the accuracy of the citation. The citation should follow Bluebook rules and point to the correct volume, page number, or section.
  • Verify the quoted or paraphrased text. The passage cited must actually appear in the source and support the author’s point.
  • Ensure consistency. Short forms (id., supra) and cross-references must correctly match earlier citations.

Cite checking is important because it:

  • Preserves the credibility and professionalism of your journal.
  • Protects authors by ensuring their work is properly supported and sourced.
  • Gives you hands-on experience with advanced legal research tools and primary/secondary sources.

In short, cite checking ensures the accuracy and reliability of published scholarship while giving you valuable training in the research skills you’ll use throughout your legal career.

Cite Checking Strategy

Steps for Effective Cite Checking

  1. Read the article in full. Understanding the author’s argument will help you catch citation errors and ensure sources are used correctly.
  2. Work through the footnotes. Pay special attention to citations for unfamiliar materials, non-legal sources, unusual formats, or foreign-language sources.
  3. Search for books and treatises. Use the Texas Tech Law Library catalog first. If a book isn’t available, check WorldCat, which covers thousands of academic, public, and special libraries.
  4. Check journal reserves. Many required books will already be pulled and available in your journal’s designated area.
  5. Request additional materials.
  • Books: Request from the main campus library if not in the Law Library. See the screenshot below for where to make this selection.

  • Articles/chapters: Use Interlibrary Loan if not available locally. See the ILL tab at left for instructions on submitting an ILL request.
  1. Search periodicals.
  • Use the TTU Libraries Catalog for interdisciplinary/non-legal journals.
  • Use HeinOnline for law reviews and other legal periodicals.
  1. Locate primary sources.
  • Westlaw: PDF images of cases from the National Reporter System.
  • HeinOnline: PDFs of the U.S. Code, Code of Federal Regulations, Federal Register, and other federal sources.
  • GovInfo: PDFs of bills, resolutions, public and private laws, the Congressional Record, Federal Register, and presidential documents.

Pro Tips for Cite Checking

  • Divide cite checking assignments by source type (e.g., statutes, cases, books) instead of footnote number. This saves time and avoids duplicating effort.
  • Review the whole article, not just your assigned portion. Otherwise, you may miss short-form citations (e.g., supra note 2) that refer back to earlier footnotes.
  • Learn how to search the catalog effectively. There are different ways to search (e.g., by title, author, or keyword). Choosing the right method will save time and frustration. Make sure to indicate whether you want to search Law Library holdings or the entire TTU Libraries system. See the screenshot below for where to make this selection.

  • Ask for help when you need it. If you can’t locate a source or aren’t sure how to interpret a citation, reach out to a reference librarian. We’re here to help!

Locating PDFs of Sources

Several online databases and free government websites provide access to PDFs that are exact replicas of printed materials. Using these PDFs is often more efficient than locating the original print version, while still preserving the pagination required for proper citation.

Bluebook Rule 18.2: “The Bluebook requires the use and citation of traditional printed sources when available, unless there is a digital copy of the source available that is authenticated, official, or an exact copy of the printed source . . .”

Below are recommended online databases and government websites for locating PDFs of exact copies of materials.

Lexis
Lexis generally provides PDFs for briefs, petitions, pleadings, trial court documents, and some administrative materials. To download a PDF, open the document and click the Download icon located in the top right corner of the page.

Westlaw

Westlaw provides PDFs for many primary law sources, including cases, statutes, regulations, briefs, and trial court documents. To download a PDF, open the document and click the Download original image (PDF) icon in the top left corner of the page.

HeinOnline

Hein provides PDFs of law journals, government documents, statutes, regulations, and treaties. It also includes the Code of Federal Regulations, the Federal Register, U.S. Attorney General opinions, U.S. Reports, Presidential Documents, federal legislative histories, state session laws, treaties and international agreements, and historic legal treatises. To download a PDF, open the document and click the PDF button at top left above the document. 

U.S. Government Publishing Office (GovInfo.gov)

GovInfo provides authenticated PDFs of many federal legal and government sources, including bills and resolutions, public laws, the U.S. Code, the Code of Federal Regulations, the Congressional Record, the Federal Register, presidential papers, and opinions of the U.S. Courts. Additional collections include appropriations, budget documents, committee reports, and other congressional publications. To download a PDF, open the document and click the PDF link on the left side of the page.

Congress.gov

Congress.gov provides PDFs of many legislative materials, including bills, resolutions, public laws, the Statutes at Large, committee reports, and the Congressional Record. To view and download the PDF, click directly on the link as shown below.

Interlibrary Loan (ILL)

Interlibrabry Loan (ILL) System

All TTU Law students should use Document Delivery / Interlibrary Loan to request items held by Texas Tech Libraries and libraries around the world. This is a free service for faculty, students, and staff of TTU Law School.

Step 1

1. Sign in with your eRaider:

Step 2

2. When registering for the first time, complete your profile as follows:

    a. Select the correct status for your position (TTU Faculty, TTU Student, etc.).
    b. Choose Law School as your Department.
    c. Set the Law Library as your Pick-Up Location.

Step 3

3.  Once logged in, choose what type of request you want to make:

Step 4

4.  Make sure to complete all required fields (marked with red asterisks). Provide as much additional information as possible to help expedite your request.

 

Help & Services

Help & Services for Journal Members

Research Consultations

Students can meet with a librarian to:

  • Learn resources to help find an original note topic.

  • Get assistance running a preemption check.

  • Discuss sources for a student note.

For help with your cite checks, contact the Reference Team at reference.law@ttu.edu.

We can help if:

  • You can’t find a cited source and cannot access it through interlibrary loan.

  • You need to add a footnote and want a supporting source.

  • You have an unusual citation and need guidance on format.

  • You’re stuck and unsure if we can help—email us, and if we can’t assist directly, we’ll connect you with someone who can.


Shelf-Check Support

Shelf-Checking Assistance
Librarians are available to assist students completing shelf-checks with locating sources and Bluebooking. Contact Professor Cassidy at brian.cassidy@ttu.edu to request help.

Pre-Shelf Check Assistance
For articles with difficult sources (e.g., international law), librarians can help locate more challenging materials before they are passed to shelf-checkers. Send the final draft to Professor Cassidy at brian.cassidy@ttu.edu as soon as you receive it so we can get started. 


Training Opportunities

Training for New Articles Editors
Covers:

  • Locating resources in advanced legal research databases.

  • Finding PDFs of original resources.

  • Interlibrary loan procedures.

Training for 2L Staff Members (Shelf-Checkers)
Covers:

  • Conducting a preemption check.

  • Performing scholarly research.

  • Finding an original topic.

  • Other research skills helpful for shelf-checks.

  • Professor Cassidy is available to attend journal orientations. Email him at brian.cassidy@ttu.edu.

Other Trainings
To provide the most effective training and assistance, please send Professor Cassidy a copy of each manuscript your staff receives. Having early context improves our ability to locate sources quickly.