WRITING AND RESEARCHING A LAW SCHOOL PAPER Pappas Law Library March 18, 2010

Outline  Choosing a Topic  Developing a Thesis Statement  Doing Your Research  Outlining  Citations and Footnotes  Revising and Editing  Proper Attribution

Choosing a Topic  Ask Professor  Current Awareness Tools  BNA BNA Law eResources Patent protection software overseas  Law 360 Law 360 eResources A-Z Patent protection software  Blogs Blogs Google Blogs Patent protection software overseas  Interesting class discussion

Writing a Thesis Statement  What is a Thesis Statement  A sentence describing the argument your paper is going to make.  It combines facts and opinion.  Why write a thesis statement?  Helps you focus your research before beginning research.

Writing a Thesis Statment  Paper on patent protection of software in U.S. when marketed overseas.  Questions Can software be patented? How is software patented in the U.S.? What is Bilski? Is the overseas market for U.S. software important? What is the effect of poor patent protection on overseas market?

Writing a Thesis Statement  Software can be patented in the U.S.  Fact  Recent court cases have created a loophole such that software is not protected when sold overseas.  Fact  The market for software overseas is important.  Fact  This stifles innovation.  Opinion  This reduces the value to innovators of patenting their software.  Opinion  Can software be patented?  How is software patented in the U.S.?  What is Bilski?  Is the overseas market for U.S. software important?  What is the effect of poor patent protection on overseas market?

Writing a Thesis Statement

Researching Your Paper  Books  Catalog Catalog Keyword: patent law; resort by date Select subject; resort by reverse year  Lexis/Westlaw LexisWestlaw Directory; Topical Practice Area; Treatises; find=patent  WorldCat WorldCat Keyword: patent law innovation and Year:  Articles  Legal Legal HeinOnline: “software patents”~10  Non-Legal Non-Legal Business Source Complete: SU=international markets and SU=computer software ABI/Inform: Abstract=“software patents” and Abstract=innovation

Back to Our Thesis Statement  Has your research changed your thoughts about your thesis statement?  Are there problems which require further research?  Come up with a new way to make your argument:  Is there a new way to justify your claim?  Are there any special factors that you can play up?  Does your claim only work in certain instances or in certain cases?  Can you come up with a plausible answer that is true in some cases and not in others? Domestic vs. International.

Outlining

Writing a Paragraph

Writing the Introduction  At the outset, it is necessary to define software in a way that covers the many forms that software can take. Patent protection for software has been slower to develop and more controversial to apply than copyright protection. Even as courts have arrived at workable means to protect intellectual property rights in software, the very idea of property rights in software has generated controversy.  Take your topic sentences and combine them  “At the outset, it is necessary to define software in a way that covers the many forms that software can take.”  “Patent protection for software has been slower to develop and more controversial to apply than copyright protection”  “Even as courts have arrived at workable means to protect intellectual property rights in software, the very idea of property rights in software has generated controversy.”

Footnotes  U.S. papers include many footnotes  Avoid presenting of another person’s words or ideas as if they were your own.  Enable readers to find the source of your information.  Lend authority to your argument.  When in Doubt – Cite it!  Need to Bluebook it

Footnotes Language comes from a statute Concept comes from a case Facts come from a book Example of a critic

Revise and Edit  Coherence  How is this idea related to the thesis? And to the ideas before and after it?  Repetition  Do the same words/phrases keep appearing? Can I change the words?  Overall logic and transitions  Are the ideas in the right order? Does it make sense? Do I suddenly bring up new ideas? How can I integrate them?  Answering the thesis question and the assignment  Did I speak to all the aspects of the thesis? Did I complete the assignment?

Last Steps  READ YOUR PAPER OUT-LOUD!  Write more and cut.  Let your paper sit. Come back with fresh eyes.  Be precise! Better many short sentences than confusing long sentences.

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