LAW Students' Scholarly Writing

Some suggestions for approaching the task of identifying a novel legal issue to write about include:

• explore new legal developments,
•  look for unresolved legal issues, where courts are split in their interpretation of the law,
• consider how a law or legal development from a foreign country could be adapted in Canada,
• propose a new solution to a previously analyzed legal issue,
• identify potential gaps in the analysis of a legal issue,
• contemplate underlying policy issues, and
• undertake empirical research.

There is a wide variety of resources that you can utilize to assist in identifying potential topics for your writing project.

Course Materials

An easy first step in this process is to examine the syllabus and assigned readings from your favourite classes.  Read (or reread) the assigned materials on the class topics that you are most interested in to gain a deeper understanding of the related issues and to find additional reading materials.  Reviewing the syllabus may also reflect some gaps in the coverage, topics that were not able to be addressed in the class that you can explore.

Books and Journals

Reading books or book chapters on the subject allows you to obtain an overview of the area of law.  In addition to perusing the book's table of contents to identify the chapters you want to read, examine the  terms and phrases in the index to identify the concepts discussed in the book.

Scanning the articles that were recently published in topical journals that focus on your subject matter may act as an impetus for a paper topic.  The most recently published articles for Canadian law journals can be obtained on Lexis+ AI ( click on Law Review & Journals and the journal's name) and Westlaw Edge (click on Articles and Newsletters and the journal's name).  HeinOnline can be utilized to see the table of contents for Canadian, American, and other foreign law journals  (click on Law Journal Library, first letter of the journal's title, and the name of the journal). Reading law review articles on your topic will provide you with a more granular understanding of the issues that have been researched to date than the books, which can assist you in narrowing your topic.

Current Awareness Resources

Legal current awareness resources are designed to alert individuals about recent developments, including cases from the Supreme Court of Canada or other courts, anticipated or introduced bills, or a potential new area of law. Many of the resources are topical, allowing you to focus on those related to your broader area of law.

News Sources

newspapers often contain stories discussing legal matters arising locally, nationally, in a foreign country or internationally. Lexis+ AI  includes over 200 newspapers from across Canada. To search their newspaper collection, click on the Advanced Search in the Explore Content box, and then News under Secondary Materials. Other newspaper databases, including those containing foreign and international sources, may be found in the Newspapers & News Media research guide.

Newsletters

Legal publishers produce newsletters in which authors discuss recent legal events. Lexis + AI has over 50 topical newsletters in their LexisNexis NetLetter series, which you can access by clicking on the Current Awareness link on the home page. Similarly, Westlaw Edge lists approximately 20 topical newsletters, some of which are included in our subscription, in its Articles and Newsletters collection.

Blogs

Legal blogs are a court great way to learn about new legal developments or discussion topics. Some blogs, such as SLAW, do not have a subject specific focus but contain postings on a wide range of legal topics. Many blogs, however, are subject, jurisdiction, or court specific and only post stories on that topic. Some Canadian Faculty of Laws have blogs on which faculty members, students, and sessional instructors post stories relating to recent cases or administrative decisions, or new statutes, among other matters. Many law firms also have blogs discussing news and legal updates, often focusing on areas of law that the law firm specializes in.

Podcasts

Podcasts are a popular media for lawyers to stay current on or to share their expertise regarding new legal developments.legal podcasts are usually hosted by law firms, individual lawyers/professors, bar associations, and legal publishers. Many legal podcasts are topical which can be very helpful in identifying potential themes to write on.