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How to Write a First-Class Law Essay

Studying law at university entails lots of essay writing. This article takes you through the key steps to writing a top law essay.

Writing a law essay can be a challenging task. As a law student, you’ll be expected to analyse complex legal issues and apply legal principles to real-world scenarios. At the same time, you’ll need to be able to communicate your ideas clearly and persuasively. In this article, we’ll cover some top tips to guide you through the process of planning, researching, structuring and writing a first-class law essay with confidence. 

1. Start In Advance

Give yourself plenty of time to plan, research and write your law essay. Always aim to start your law essay as soon as you have the question. Leaving it until the last minute does not only create unnecessary stress, but it also leaves you insufficient time to write, reference and perfect your work.

2. Understand The Question

Do not begin until you fully comprehend the question. Take the time to read the question carefully and make sure that you understand what it’s asking you to do. Highlight key terms and annotate the question with definitions of key concepts and any questions that you have have. Think about how the question links back to what you’ve learned during your lectures or through your readings.

3. Conduct Thorough Research

Conducting thorough research around your topic is one of the most fundamental parts of the essay writing process. You should aim to use a range of relevant sources, such as cases, academic articles, books and any other legal materials. Ensure that the information you collect is taken from relevant, reliable and up to date sources. Use primary over secondary material as much as possible.

Avoid using outdated laws and obscure blog posts as sources of information. Always aim to choose authoritative sources from experts within the field, such as academics, politicians, lawyers and judges. Using high-quality and authoritative sources and demonstrating profound and critical insight into your topic are what will earn you top marks.

4. Write A Detailed Plan

Once you’ve done your research, it’s time to plan your essay. When writing your plan, you’ll need to create an outline that clearly identifies the main points that you wish to make throughout your article. Try to write down what you wish to achieve in each paragraph, what concepts you want to discuss and arguments you want to make.

Your outline should be organised in a clear, coherent and logical manner to ensure that the person grading your essay can follow your line of thought and arguments easily.  You may also wish to include headings and subheadings to structure your essay effectively This makes it easier when it comes to writing the essay as starting without a plan can get messy. The essay must answer the question and nothing but the question so ensure all of your points relate to it.

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5. Write A Compelling Introduction

A great introduction should, firstly, outline the research topic.  The introduction is one of the most crucial parts of the law essay as it sets the tone for the rest of the paper. It should capture the readers attention and provide the background context on the topic. Most importantly, it should state the thesis of your essay.

When writing your introduction, avoid simply repeating the given question. Secondly, create a road map for the reader, letting them know how the essay will approach the question. Your introduction must be concise. The main body of the essay is where you will go into detail.

6. Include A Strong Thesis Statement

Your thesis should clearly set out the argument you are going to be making throughout your essay and should normally go in the introduction. Your thesis should adopt a clear stance rather than being overly general or wishy-washy. To obtain the best grades, you’ll need to show a unique perspective based upon a critical analysis of the topic rather than adopting the most obvious point of view.

Once you’ve conducted your research and had a chance to reflect on your topic, ask yourself whether you can prove your argument within the given word count or whether you would need to adopt a more modest position for your paper. Always have a clear idea of what your thesis statement is before you begin writing the content of your essay. 

7. Present the Counter-argument

To demonstrate your deeper understanding of the topic, it’s important to show your ability to consider the counter-arguments and address them in a careful and reasoned manner. When presenting your counterarguments, aim to depict them in the best possible light, aiming to be fair and reasonable before moving on to your rebuttal. To ensure that your essay is convincing, you will need to have a strong rebuttal that explains why your argument is stronger and more persuasive. This will demonstrate your capacity for critical analysis, showing the reader that you have carefully considered differing perspectives before coming to a well-supported conclusion.

8. End With A Strong Conclusion

Your conclusion is your opportunity to summarise the key points made throughout your essay and to restate the thesis statement in a clear and concise manner.  Avoid simply repeating what has already been mentioned in the body of the essay. For top grades, you should use the conclusion as an opportunity to provide critical reflection and analysis on the topic. You may also wish to share any further insights or recommendations into alternative avenues to consider or implications for further research that could add value to the topic. 

9. Review The Content Of Your Essay

Make sure you factor in time to edit the content of your essay.  Once you’ve finished your first draft, come back to it the next day. Re-read your essay with a critical perspective. Do your arguments make sense? Do your paragraphs flow in a logical manner? You may also consider asking someone to read your paper and give you critical feedback. They may be able to add another perspective you haven’t considered or suggest another research paper that could add value to your essay. 

10. Proofread For Grammatical Mistakes

Once you’re happy with the content of your essay, the last step is to thoroughly proofread your essay for any grammatical errors. Ensure that you take time to ensure that there are no grammar, spelling or punctuation errors as these can be one of the easiest ways to lose marks. You can ask anyone to proofread your paper, as they would not necessarily need to have a legal background – just strong grammar and spelling skills! 

11. Check Submission Guidelines

Before submitting, ensure that your paper conforms with the style, referencing and presentation guidelines set out by your university. This includes the correct font, font size and line spacing as well as elements such as page numbers, table of content etc. Referencing is also incredibly important as you’ll need to make sure that you are following the correct referencing system chosen by your university. Check your university’s guidelines about what the word count is and whether you need to include your student identification number in your essay as well. Be thorough and don’t lose marks for minor reasons!

12. Use Legal Terms Accurately

Always make sure that you are using legal terms accurately throughout your essay. Check an authoritative resource if you are unsure of any definitions. While being sophisticated is great, legal jargon if not used correctly or appropriately can weaken your essay. Aim to be concise and to stick to the point. Don’t use ten words when only two will do.

12. Create a Vocabulary Bank

One recurring piece of advice from seasoned law students is to take note of phrases from books and articles, key definitions or concepts and even quotes from your professors. When it comes to writing your law essay, you will have a whole range of ideas and vocabulary that will help you to develop your understanding and thoughts on a given topic. This will make writing your law essay even easier!

13. Finally, Take Care of Yourself

Last but certainly not least, looking after your health can improve your attitude towards writing your law essay your coursework in general. Sleep, eat, drink and exercise appropriately. Take regular breaks and try not to stress. Do not forget to enjoy writing the essay!

Words by Karen Fulton

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How to Write a Law Essay

Last Updated: August 11, 2023

This article was co-authored by Clinton M. Sandvick, JD, PhD . Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 239,834 times.

In a college legal studies course, and in some law school courses, you may be required to write a research paper addressing a legal topic. These essays can be tricky, because the law is constantly evolving. To secure a top grade, your essay must be well-researched and coherently argued. With proper planning and research, you can write a stellar legal essay. [Note: this article does not address how to write law school essay exams or bar exam questions, which require different techniques and strategies.]

Choosing an Essay Topic

• A narrow essay prompt might read, "Discuss the evolution and impact of the exclusionary rule of evidence in the United States." A broad prompt might read, "Discuss how a civil rights movement led to changes in federal and/or state law."
• If you are invited to choose your own topic, your professor may require you to submit a written proposal or outline to ensure that your chosen topic complies with the prompt. If you are not sure if your topic is within the parameters of the prompt, propose your topic to your professor after class or during his or her office hours.

• Hopefully, your course readings, lectures, and class discussions will have given you enough background knowledge to select a topic. If not, review your class notes and browse online for additional background information.
• It is not uncommon to change your topic after doing some research. You may end up narrowing the questions your essay will answer, or changing your topic completely.

• If you can, try to focus on an are of the law that affects you. For example, if your family is involved in agriculture, you may be interested in writing about water use regulations .

Researching Your Topic

• If you are prohibited from citing internet resources, you can still use online research to guide you to physical primary and secondary sources in your local library or bookstore.

• Look at footnotes, citations, and indexes in tertiary sources. These are great for finding books, articles, and legal cases that are relevant to your topic. Also take note of the names of authors, who may have written multiple works on your topic.

• Also find search engines for related fields, such as history or political science. Ask your librarian to recommend specialized search engines tailored to other disciplines that may have contributed to your topic.

• Never cut and paste from the web into your notes or essay. This often leads to inadvertent plagiarism because students forget what is a quotation and what is paraphrasing. When gathering sources, paraphrase or add quotation marks in your outline.
• Plagiarism is a serious offense. If you ultimately hope to be a lawyer, an accusation of plagiarism could prevent you from passing the character and fitness review.

Drafting the Essay

• An effective introduction takes the reader out of his world and into the world of your essay. [2] X Trustworthy Source University of North Carolina Writing Center UNC's on-campus and online instructional service that provides assistance to students, faculty, and others during the writing process Go to source Explain why the subject is important and briefly summarizes the rest of your argument. After reading your introduction, your reader should know what you are going to discuss and in what order you will be discussing it.
• Be prepared to revise your introduction later. Summarizing your essay will be easier after you have written it, especially if you deviate from your outline.

• State each argument of your essay as a statement that, if true, would support your thesis statement.
• Provide supporting information drawn from primary and secondary sources that support your argument. Remember to cite your sources.
• Provide your own original analysis, explaining to the reader that based on the primary and secondary sources you have presented, the reader should be persuaded by your argument.

Formatting Your Essay

Proofreading the Essay

• Open up a Word document. On the Quick Access Toolbar at the top, click on the down arrow. The words “Customize Quick Access Toolbar” will appear when you hover over the arrow for two seconds.
• Click on the arrow. Then click on “More Commands.”
• In the “Choose commands from” drop-down box, choose “All commands.”
• Scroll down to find “Speak.” Highlight this and then click “add.” Then click “okay.” Now the Speak function should appear on your Quick Access Toolbar.
• Highlight the text you want read back to you, and then click on the Speak icon. The text will be read back to you.

• Do not rely on a spell checker exclusively, as it will not catch typos like "statute" versus "statue."

Revising the Essay

• You can share the essay with someone outside of class, but a classmate more likely has the requisite knowledge to understand the subject matter of the essay.

Expert Q&A

You might also like.

• ↑ https://owl.english.purdue.edu/engagement/2/2/53/
• ↑ http://writingcenter.unc.edu/handouts/introductions/
• ↑ https://www.legalbluebook.com/
• ↑ https://support.office.com/en-ca/article/Using-the-Speak-text-to-speech-feature-459e7704-a76d-4fe2-ab48-189d6b83333c

About This Article

To write a law essay, start by writing a thesis statement on your chosen topic. Phrase your thesis statement as an argument, using words like “because” or “therefore” to state your point. Write an outline of the arguments you will use to support your thesis statement, then use that outline to build the body of your paper. Include any counter-arguments, but use your evidence to convince the reader why your point of view is valid, and the counter-arguments are not. Be sure to cite all of your sources in the format preferred by your professor. For tips from our reviewer on finding the best sources for your topic, keep reading! Did this summary help you? Yes No

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Basic Rules

Academic and professional legal writing requires you to develop an argument and demonstrate relationships between the ideas you are expressing. 

Therefore, the ability to express yourself clearly and accurately is important.  Here you will find information to help you improve your writing for any purpose in your law degree.

Academic writing in law is:

Academic writing in law does not:   

Steps to Writing a Law Essay

Throughout your law degree, you will be expected to write a range of different texts, including research essays, responses to problem questions, and case notes.

Not matter the type of text you are asked to produce for an assignment, make sure you follow these steps:

• Plan :  read the questions carefully and think about how you will answer it
• Research :  read, read and read! Make use of everything available to you - don't forget the library!
• Make thorough notes : include all important (and relevant) details and quotes and take note of the source. Make sure you organise your notes so as to make the writing task easier
• Write the first draft :  before you start writing your first draft, refer back to your initial plan and make any necessary changes now you have done your research and gathered your notes. 
• Review and edit :  remember to proofread your work!

The IRAC Method

IRAC is an acronym that stands for: Issue, Rule, Application, and Conclusion. It functions as a methodology for legal analysis and is used as a framework for organising your answer to an essay question in law school.

[ Open All | Close All ]

In legal writing, issues are the core of the essay.

This part of the essay should:

• Identify and state the issue
• Name those involved (plaintiff and defendant) and briefly describe their individual issues
• Work out what body of law may govern the resolution of the issue (e.g. Contract Law)

The rule describes which law applies to the issue. The rule should be stated as a general principle, and not a conclusion to the particular case being briefed.

• Outline the legal principles that will be used to address to the issue
• Source legal principles from cases and legislation

The application is the most important and longest part of your answer. It involves applying the Rule to the facts of the issue and demonstrating how those facts do or do not meet the requirements laid down by the rules. Discuss both sides of the case when possible.

• Explain why the plaintiff's claims are or are not justified
• Identify how the law will be used by the plaintiff and defendant to argue their case
• Use relevant cases and legal principles to support your writing
• Do not try to strengthen your argument by leaving out elements or facts that will hurt it

As with all essays, the conclusion is a statement that identifies your answer to the issue.

• Identify what the result of your argument ir, or what it should be
• State who is liable for what and to what extent
• Consider how the plaintiff and defendant could have acted to avoid this legal issue

Useful Links:

• UWA IRAC Guide This guide from the University of Western Australia offers examples of how the IRAC method can be applied to different cases.
• Law School Survival: The IRAC Method A useful site that presents a detailed outline of the IRAC method as well as skeleton outlines.

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How To Write Law Essay?

23 October, 2020

8 minutes read

Author:  Elizabeth Brown

If you are a law student, you have probably already faced the question of how to write an essay on this discipline. This is not an easy task because the requirements for a law essay often differ. In addition, you need to state your position and back it up with arguments clearly for others to understand. And to help you facilitate this process, we offer some preparation tips and tricks so that you could craft a decent work.

First things first, let’s discuss the legal essay scheme. It is rightly similar to the social science essay scheme. In both papers, it is necessary to explain a position on a particular issue or comment on a statement. For university law essay, especially in cases of specialties, it’s more complicated. There are several legal essay types :

• essay on quote explanation . Like in a school essay, the task here is to reveal the meaning of the expression and give a reasoned agreement or disagreement with it.
• essay on legal theory. The essence of this task is to describe one of the theories of law or any jurisprudence. This can be anything – for example, the theory that touches the Fifth Amendment.
• jurisprudence essay. In this assignment, you should review a specific case study or analyze the given document. Here, it’s important to adhere to special structure: first read the case, comprehend it, and only then give a critical account of this or that piece.

Law Essay Outline

The outline is one of the essential parts of law essay writing. At the point of creating it, you should jot down the structure of the main argument for each and every statement you deem appropriate for a text. This way, it’ll be much easier for you to organize the legal paper and facilitate its readability . 

For example, if you need to comment on the quotation, it’s better to start an essay with brief information about the author. Then, consider the meaning of the citation in the context of his time and compare it to current conditions, as well as note whether you agree with the statement or not. Remember – the main task is to have a solid opinion in which you’re 100% confident. If not, switch the quote.

In the essay on legal theory, state the history of the issue, highlight the advantages and disadvantages of the case you are analyzing. Try to draw a parallel with the present, to indicate how relevant it is now for contemporary law students.

While reviewing a specific legal case or document, you should not be distracted by elements irrelevant or unrelated to the subject and give descriptions of similar situations. Consistently assess the actions of subjects or conduct an in-depth analysis of the provided regulation.

Write all of the crucial points in a short plan and shorten the above information into a couple of sentences. Afterward, you’ll be ready to use the crafted outline and write a law essay according to its key points . 

Law Essay Structure

1. Introduction

Like any other type of writing, law essays start with introduction. A successful lead in is the one that captures attention instantly and forces readers to become interested in the law topic. In the beginning, you’ll need to clearly and precisely formulate a thesis statement of the entire piece, which you will then reveal in the following text. A great way to elaborate mediocre introduction with engaging filling is to state a concrete problem, controversy or issue that needs to be resolved.  

2. Main part

This is the main element of the whole legal essay. It should contain an analysis of the quotation, legal theory, specific case, or document. Plus, your opinions about this or that aspect should be argued: for example, by references to other papers or practices. Another beneficial way to develop the main body of your essay is to use specific examples from law classes, including activities and important discussions , if applicable. Also, don’t forget that your law essay should always follow the thesis and develop it throughout the legal paper. This is a critical point to consider, as any departure from the established scheme will distort your work’s content.

3. Conclusion

Your finishing remarks should formulate the outcome of what was written above. A reasonable conclusion should be brief and powerful , as well as connected to the introduction. Besides, a good ending should contain a thesis of the whole law essay. However, don’t try to repeat your thesis word by word. Consider rephrasing it instead of mentioning the same statements so that the information is more easily digested for readers. Plus, you’ll need to provide a critical analysis of your work. For this, explain why your main argument backed up by primary and secondary sources is the highest point of conviction. Hence, your readers will see explicit reasoning and be more inclined to believe the truth you outlined in the paper. 

4. Bibliography

A bibliography is a mandatory part of the work, and also the last one. At the end of your essay, you should list the documents (laws and other regulations) and books that were used in preparation for the article. Works cited page will help you validate the credibility of work and show readers that all statements and opinions are proven with relevant evidence. However, it doesn’t mean that your bibliography ought to be inserted just after you’ve written the entire text. To have a better vision of what source to pick for citing, include the list of used materials before writing the final version of your law essay. Accordingly, you’ll see sources in their entirety and easily cite them whenever needed. 

The sayings of influential and famous people imbue any work with an air of authority . This is especially true for essays on law: professors appreciate it when students reinforce their considerations with the opinion of leaders and experts in their field.

Quotes for an essay on law are quite easy to find on the Internet or specialized digests.

If you choose to close the paper with a quote, it’ll be a great hook which will keep readers impressed by the essay long after they digest it. But feel free to add meaningful sayings also in the introduction or in the middle of a paper. Either way, quotes are a tool that helps make your reading highly impactful and appreciated.  

These were the top advice on how to create a distinct law paper. We hope our advice will help you prepare an interesting and informative essay for college or university studies that’ll be graded with the highest mark. Once you manage to operate on the subtle art of legal essay writing, you’ll adjust to the complexities of its realization without difficulties. If you’re in doubt questioning your writing abilities, use custom essay writer service – we will create the best law essay tailored specifically for you.

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10 Common Mistake to Avoid in Law Essays

Law essays require a meticulous approach, demanding precision, clarity, and adherence to specific conventions. Aspiring legal scholars often encounter challenges in navigating the complexities of legal writing. In this article, we will explore 10 common mistakes to avoid in law essays, empowering students to enhance the quality and effectiveness of their legal writing.

1. Vague Thesis Statements

One of the foundational elements of a strong law essay is a clear and focused thesis statement. Avoid vague or overly broad thesis statements that fail to articulate a specific argument. Ensure your thesis directly addresses the legal issue at hand and guides the reader through the subsequent analysis.

2. Inadequate Research

Thorough research is the backbone of any law essay. Failing to conduct comprehensive research can result in superficial or inaccurate analyses. Utilise primary and secondary legal sources to fortify your arguments, and be diligent in referencing relevant case law, statutes, and scholarly articles.

3. Misunderstanding Legal Terminology

Legal writing demands precision in the use of terminology. Avoid misunderstandings by accurately defining and employing legal terms within their appropriate context. Misusing or misunderstanding legal terminology can undermine the credibility of your argument.

4. Lack of Structure

A well-organised essay is crucial in legal writing. Avoid the mistake of presenting your arguments in a disorganised manner. Structure your essay with a clear introduction, body paragraphs that each address a specific point, and a conclusion that summarises key findings and restates your thesis.

5. Failure to Analyse

Mere description of legal principles is insufficient. Engage in critical analysis by discussing the implications and applications of legal concepts. Demonstrating a deep understanding of the law and its nuances sets a compelling foundation for your essay.

6. Ignoring Counterarguments

Failing to address counterarguments weakens your essay's persuasiveness. Anticipate opposing viewpoints and incorporate counterarguments into your analysis. By acknowledging alternative perspectives, you demonstrate a thorough understanding of the legal landscape.

7. Poor Citation Practices

Accurate citation is paramount in legal writing. Missteps in referencing case law, statutes, or other legal authorities can result in academic and professional consequences. Adhere to the citation style specified by your institution and double-check your references for accuracy.

8. Overreliance on Quotations

While direct quotes have their place, overreliance on them can hinder the development of your voice and analysis. Integrate quotes sparingly, opting instead to paraphrase and synthesise legal concepts to showcase your understanding and interpretation.

9. Ineffective Use of Legal Authorities

Ensure that the legal authorities cited in your essay are relevant and directly support your arguments. Avoid name-dropping cases or statutes without demonstrating a clear connection to the issue at hand. The strength of your legal argument relies on the judicious selection and application of relevant legal authorities.

10. Inadequate Proofreading

Overlooking grammatical errors, typos, or formatting issues can detract from the professionalism of your law essay. Thoroughly proofread your work to ensure clarity and correctness. Consider seeking feedback from peers or instructors to catch any oversights.

Steering clear of common mistakes in law essays requires a commitment to precision, thorough research, and effective communication. By crafting clear thesis statements, conducting comprehensive research, avoiding misunderstandings of legal terminology, implementing strong organisational structures, analysing rather than describing, addressing counterarguments, practicing accurate citation, balancing the use of quotations, utilising relevant legal authorities, and conducting meticulous proofreading, legal scholars can elevate the quality of their writing and contribute meaningfully to the field of law.

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Law Essay Examples

10+ Winning Law Essays Examples | Boost Your Grades Now

Published on: May 8, 2023

Last updated on: Jan 30, 2024

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Are you looking for inspiration to get started on your law essay? If so keep reading! 

As a law student, you're expected to have excellent writing skills. Your essays should be well-structured, articulate, and persuasive. However, it's not always easy to know where to start or how to approach your writing. 

That's where law essay examples come in - they provide a valuable resource that can help guide you through the process.

In this blog, we'll explore the law essay examples on different topics. Moreover, we will analyze the structure and format of a law essay. 

So, let's get started!

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What is a Law Essay? 

A law essay is a written assignment that requires the writer to analyze and evaluate legal issues, cases, or concepts. 

The purpose of a law essay is to demonstrate a student's understanding of the subject matter. It also shows the student's ability to present an argument in a concise manner. 

Want to gain more knowledge on how to write a high-quality law essay? Check out this video for insightful tips!

University Law Essay Examples

Let's take a closer look at some excellent university law essay examples that highlight the proper use of references.

Law Reflective Essay Example

Law Enforcement Essay Example

Law Reform Essay Example

Law Research Essay Example

Below, you will find some additional law essay samples that you may come across in your university assignments.

First Class Law Essay Example

Law School Transfer Essay Example

Law School Why X Essay Example

Law Essay Format and Structure

A well-structured and formatted law essay is essential for receiving high marks. Here are some key elements that should be included:

1. Introduction

• The introduction should introduce the main arguments of the essay.
• The first sentence should be attention-grabbing.
• The introduction should provide concise information about the broader significance of the topic.
• It should lead into the body of the essay.
• Each paragraph should have a clear topic sentence.
• The paragraph should include supporting evidence and analysis.
• The paragraphs should be logically connected.

3. Conclusion:

• The conclusion should summarize the main arguments of the essay.
• It should not introduce new information.
• It should demonstrate the significance of the arguments.

Let's take a look at an example of a well-structured law essay:

Check out the following pdfs for a better understanding:

Law Essay Format pdf

Law Essay Introduction Example pdf

Specific Law Essay Topics

Let's take a look at some specific law essay topic examples that can provide a foundation for deeper analysis.

Criminal Law Essay Example

Case Law Essay Example

Law Case Analysis Essay Example

Contract Law Essay Example

Ilac Law Essay Example

Public Law Essay Example

Critical Analysis Law Essay Example

Contract Law Essay Example Offer Acceptance

Additional Law Essay Samples

Let's explore some of the most frequently assigned law essay topics for writing assignments.

Development of Welfare Legislation for Animal Testing

Legal Analysis of Donald Trump's Leadership Style

Torts of Negligence and Battery in Medical Law

The Frustration of Contract in the Coronation Cases

Effectiveness of Gun Control Laws in the United States

The Unjust Intersection of Police Brutality and Racism

Nike Faces Gender Discrimination Lawsuit

A Dream to Become a Lawyer

Hate Crime Laws

Law Essay Writing Tips and Best Practices

Writing a law essay can be a rewarding and fulfilling experience. Here are some tips and best practices to help you write a successful law essay:

• Understand the assignment: Before you start writing your essay, make sure you understand the assignment requirements. This includes the topic, formatting requirements, and any specific instructions from your professor.
• Research extensively: A good law essay requires thorough research on the topic. Make use of primary and secondary sources, such as case law, legal journals, and academic articles, to support your arguments.
• Plan your essay: Before you start writing, plan your essay structure. This includes an introduction, body paragraphs, and a conclusion. The body paragraphs should be organized logically, with each paragraph focusing on a specific point or argument.
• Use clear and concise language: The language used in a law essay should be clear, concise, and precise. Avoid using jargon or technical terms that may be unfamiliar to the reader. Use plain language that is easy to understand.
• Cite your sources: In a law essay, it is important to cite your sources properly. Use the appropriate citation style, such as APA or MLA.  Make sure to include a bibliography or reference list at the end of your essay.
• Use reputable sources: Ensure that your sources are reputable and reliable. Use academic databases, such as LexisNexis or Westlaw, to find legal cases and journal articles.
• Seek feedback: It can be helpful to seek feedback from your professor or a peer before submitting your essay. This can help you identify any areas that need improvement and ensure that your arguments are persuasive and well-supported

Common Mistakes To Avoid In Law Essay Writing

Here are some most common mistakes to avoid when writing a law essay:

• Failing to answer the question: Make sure that your essay clearly answers the question posed.
• Lack of clarity: Ensure that your essay is clear, concise, and well-organized.
• Plagiarism: Avoid plagiarism by properly citing all sources used in your essay.
• Inaccurate legal analysis: Ensure that your legal analysis is accurate and supported by legal authority.
• Poor syntax: Use proper grammar and syntax to ensure that your essay is well-written and easy to understand.

How To Edit And Proofread Your Law Essay 

Here are some great tips to perfect your law essay:

• Take a break: Take a break before editing and proofreading to ensure a fresh perspective.
• Review for clarity: Review your essay for clarity, ensuring that your arguments are well-supported and easy to understand.
• Check for accuracy: Check your essay for accuracy, including legal analysis and citations.
• Check for grammar and spelling: Check for proper grammar, spelling, and punctuation.
• Read aloud: Read your essay aloud to catch any errors or awkward phrasing.

To sum it up!

Writing a law essay requires careful planning, extensive research, and attention to detail. Throughout this blog, we have explored different law essay examples. We have also discussed the format and structure of a well-written law essay. 

By avoiding common mistakes and following best practices, you can write a successful essay. However, if you find yourself struggling with your law essay, do not hesitate to seek help from CollegeEssay.org .

We offer top-quality essay writing service to students at all academic levels. 

Get in touch with our law essay writing service now and say ' write my essay ' and let us help you achieve your academic goals!

Also, give our AI essay writing tools a try!

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As a Digital Content Strategist, Nova Allison has eight years of experience in writing both technical and scientific content. With a focus on developing online content plans that engage audiences, Nova strives to write pieces that are not only informative but captivating as well.

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Writing in Law

Like writing in other disciplines, all academic writing in Law courses should be clearly structured, persuasive, and take a position. Despite these similarities, legal writing emphasises accessibility and precision when communicating ideas and interpretation of a case or topic. This is largely due to its practical application in the legal profession.  

Being able to write persuasively and concisely are fundamental skills required of legal practitioners, so developing these communication skills at an early stage is crucial. Even if you do not go into a legal career, these written skills will be useful in other professional areas of employment, such as the public service.

Legal academic writing has its own conventions and standards that will be explored in the following topics. You will find useful strategies you can use to help refine, structure and present your position in some of the most common forms of law assessment

Using HIRAC

Most legal reasoning follows a particular convention: HIRAC. HIRAC provides a statement of the issue or concern (Issue); an explanation of the legal rules that are applicable to the issue (Rule); an application of the rule to a client's facts (Application); and a conclusion that summarises the explanation and application provided (Conclusion). HIRAC is useful as a way of organising and structuring a response to a problem question.

Typically, HIRAC is used to test your ability to analyse facts in a legal case and to apply the law to the facts to see what the possible outcome might be. They also test your ability to identify relevant legal issue(s) and to evaluate competing legal precedents. Whatever the legal problem is, a clear argument or position is required to be taken. This argument should use primary sources (legislation and cases) to persuade its audience and successfully address counterarguments relevant to each legal issue. 

How to structure a HIRAC response?

What follows is a general guide for using HIRAC. HIRAC is generally understood to be a flexible framework which can be used in multiple contexts. As you practice using HIRAC during your degree, it is important to develop a fluid framework that suits you.

It should be noted that HIRAC should not be used too rigidly, but it does provide a useful way to structure a response to a legal question. When you write an assessment using HIRAC, remember that some lecturers will prefer you to follow the method carefully while others won't be as rigid. You will need to clarify your expectations with them.  

Identify the legal issue and summarise it in your heading. This is usually phrased as a short question that encompasses the legal issue.  

Identify the issues that are central to the case. This can be done briefly. Ask yourself what legal question(s) the facts raise. When writing down the issue(s) you should think about questions a judge might be asked to answer. Be aware there might several issues raised. If more than one issue needs to be analysed, the following sections might need to be repeated several times. For example, HIRAC 1, HIRAC 2, HIRAC3, etc, then an overall conclusion.

Identify the law or legal principle relevant to the issue. This should consist of a brief statement of the legal principles to be applied as a way of signposting your analysis in the next section. A citation for each rule should be included. This is done by referring to a primary source of law (legislation or a case). The rule will generally need to be broken down into its component parts and stated accurately to avoid misinterpretation.

Application

Apply the law to the facts. This is the main part of your answer. This is where you match each element of the legal rule(s) you have identified in the previous section with fact. You need to consider arguments on both sides. Are the facts of your case similar to a previous case or can they be distinguished? You need to make an argument here and support that argument by reference to the law. If the law is unclear on a particular set of facts, you are expected to engage in a detailed hypothetical discussion about how the courts are likely to respond to this ambiguous area of the law. Unlike a traditional essay, your main points or conclusions should be stated at the end of each paragraph of your application.

Based on your analysis in the previous section, state a conclusion as to the most likely outcome. This is where you summarise the points of your argument and suggest an answer to the question presented as the heading. You should make a clear statement about what you think is the strongest outcome is likely to be.

Sample HIRACs

Here is a sample of a HIRAC response, focusing on one issue. Note how it addresses the issue concisely. It provides the relevant rule, with references,  and applies that rule to the scenario in question. The conclusion is a concise final sentence. 

Mitomi v Trinity Beach Life-Saving Club Inc.

Duty of care.

Mitomi must establish the Club's personal liability by proving that it owed a duty of care. The defendant will owe a duty when their actions or omissions lead to a reasonably foreseeable risk of inury to a foreseeable plaintiff or class of plaintiffs. [1] Reasonable foreseeability is that which is 'not far-fetched or fanciful'. [2] The vulnerability [3] and special characteristics of the plaintiff [4] are also relevant to duty.

In taking responsibility for the safety of the beach it is reasonably foreseeable that the Club's omission to provide a universally recognisable warning sign led to a risk of injury to a class of plaintiffs of which Mitomi is one. It is foreseeable that a tourist not understanding the sign would swim in the enclosure. Mitomi is a foreseeable plaintiff as tourists frequently visit the area. Mitomi's vulnerability is increased because she cannot read English, the club owes a duty to all foreseeable plaintiffs not just English speaking plaintiffs. Therefore, a duty of care is likely to be found.

[1] Donoghue v Stevenson [1932] AC 562.

[2] Wyong Shire Council v Shirt (1980) 146 CLR 40 at 47 per Mason J.

[3] Sullivan v Moody; Thompson v Connon [2001] HCA 59.

[4] Haley v London Electricity Board [1965] AC 778.

Here is another sample HIRAC addressing the same scenario. Again, note how it concisely and clearly analyses one issue, follows the steps of heading, rule, issue, application and conclusion. 

Mitomi v Trinity Beach Life-Saving Club Inc. ("the Club") 

[1] [1932] AC 562 at 580.

[2] (1993) 177 CLR 423.

[3] Nos CA 40737/93 and CL 1275/91. 

Essay writing in Law

The purpose of a legal essay is to advance or persuade your reader of a particular understanding, interpretation, or application of law. In order to do this, legal essay writing needs to be simple, compelling, and well-constructed. Unlike a paper that utilises HIRAC, a law essay involves detailed analysis and discussion of the law in a more abstract setting. When writing a legal essay, you are required to take up a position in response to a question. But how is this different from essays you write in other disciplines? The following information provides some suggestions about the specifics of writing a legal essay.

What distinguishes a law essay from an essay written in another discipline?

Like essays written in other disciplines, legal essays require a central argument, based on logical reasoning and critical analysis of evidence. They should have a clear structure with a strong introduction and conclusion. As Baron and Corbin (2016, p. 26) note, even though legal writing is perceived to be portrayed as logical, highly structured and formal, composition of law essays is much as the same as any other essay writing.

"The manipulation and use of language are at the heart of the common law legal tradition" (Webley 2013, p. ix).

There several features that, in one way or another, distinguish legal essays from essays written in other disciplines. Probably the most crucial difference is the use and control of language. Law essays should be written clearly, concisely and with precision. For example, a lot of emphasis is placed on the use of simple English. This is because much of the subject matter is complex and needs to be communicated clearly to a specific audience. Words should be chosen carefully and the use of clichés should be avoided. The following table summarises some of the other similarities and differences:

The best way to become familiar with the expectations of a good legal research essay is to read some articles in legal journals, taking note of style, tone and citation.

Is your essay writing clear and concise?

Clarity has been described as the most basic and paramount goal of legal writing (Baron & Corbin 2016, p. 70). Not only must your reader be able to understand the contents of your essay, they must be able to easily identify your position and follow your logic. In other words, you need to ensure that your writing makes its point efficiently and with an appropriate level of detail so as not to waste the time of your reader.

When it comes to the editing stage of your writing process, you should ask yourself the following questions:

• What information does the reader need?
• Is the work organised clearly so that the reader can find the information they need easily, and understand the points made?
• Is the language used clear and appropriate for the audience?

Like an essay written in the humanities or social sciences, it's important to make sure you take a clear position and have a clear thesis statement and signposting in the introduction (macro level). It is also important to make sure that your headings and topic sentences accurately reflects the sequence of the ideas presented in your signposting (micro level). Have you used clear and descriptive headings and subheadings? Are paragraphs and sentences connected smoothly? Do paragraphs build on each other or introduce new topics? Do your topic and concluding sentences reflect such transition?

For more information about essay argument and structure, see our page on essay writing .

Baron and Corbin (ref) recommend the following tips for achieving clarity:

• Use ordinary words and simple sentence structures. Avoid legalese (the use of Latin words; overcomplicated sentences; legal jargon) and keep sentences to no more than 22 words, although this should not be adhered to rigidly.
• Vary sentence structures, vocabulary and sentence length. This creates a more natural flow that helps maintain the reader's interest. Vary sentence length to create a rhythm and interest in your writing.
• Develop your own voice. The aim of good legal writing is to develop an authentic professional voice, one that has character and individuality. This is something that helps to engage the reader. Achieve this by using an active voice.
• Pay attention to tone. Tone, according to Baron and Corbin (p. 74), is the expression of the writer's attitude towards the subject, audience, and self. In legal writing, the tone should be clear, concise, confident and courteous. While legal writing must be sophisticated, it should not be pretentious, and while courteous, should not be overly familiar or informal.
• Presentation matters. Good presentation of your written work can make reading easier and more engaging for your reader. Things to consider include text alignment, use of headings, spacing, and fonts. Information regarding formatting can be found in the AGLC. Make sure you proof read your work, paying attention to matters of style, presentation, and citation.

Making summaries

Summaries are an important tool when studying law because they enable an efficient and effective way of preparing for assessment items and exams. They can be used to help you identify what you know and what you don't know. Creating clear and well-structured summaries saves time and helps you produce neat, tight arguments backed up by relevant cases in your answers. Your examiners will appreciate this.

It is essential for you to put in the effort to produce your own summaries. Don't rely on the summaries prepared by others. These summaries may be useful to you, but will normally only be a useful supplement to your own studies. You have to spend time reflecting and pulling apart what you have been taught and building it up into a framework that you can use to complete your assessments.

Different summaries will work for different people. Find what works best for you!

There is no one way to write a summary. When you are summarising, you are collating information from lecture notes, tutorial notes, cases you have read and the textbook reading you have done. In some courses, you will be provided with reading lists. You can use these lists as a way of organise or planning your summaries. Reading lists are typically based on topics you will cover in lectures and cases relevant to these topics.

You should aim to write you summary twice. The first summary should be like the rough draft of an essay. At this stage you are gathering ideas, listing key concepts and principles, using headings to structure your notes, and potentially useful flowcharts. You should aim to do this at least 6 weeks or so before the exam. This will ensure that you:

• Give yourself plenty of time to revise;
• Know that, if there is an emergency, you will have something prepared;
• Force yourself to consider ideas more than once and refine what you have;
• Begin working on the overall conceptual framework of the subject.

Make sure you practice using your summary before the exam. One of the other good ways of preparing for an exam is to do past exams. You don't need to wait until you have completely finished your summary before trying some practice questions. As you work through the exam questions you may be able to add to your summary.

For information about preparing for exams, see our page on exam preparation .

What makes a good summary?

• A good summary is typed and clearly formatted. Organisation is key. You need to be able to glance at each page in order to find what you are looking for. If each page is well set out you can read to the point instead of around it.
• They use bullet points and avoid using full sentences. This makes finding information in an exam easier. Write in a way that makes sense to you.  
• They contain information to help you locate the original source. Provide full references, including case names and page numbers, where necessary. The additional effort required is well worthwhile since it can be used later.
• They make good use of the abbreviations and key phrases. Abbreviations are excellent shorthand because they save a great deal of time and writing space. Develop your own system and use them consistently when making notes.
• They use visual aids, colour, and highlighting effectively. Flow charts, diagrams and other visual aids, such as tables, can help you understand a concept or case. A summary which makes good use of colour is easier to read and use. Decide what is right for you and use it consistently.

Preparing case notes

A case note is similar to a summary in that both require you to summarise information that will be useful when it comes to completing an assessment or preparing for an exam. The differences between a case note and a summary is the breadth of subject matter covered and the fact that a case note requires taking a position and evaluating the value of a particular case. In terms of breadth, a case note should focus on a single case, while a summary address a wider area of the law, focusing on a collection of issues, cases, and legislation. A case note can be included as part of a summary.  

Case notes are a common method of assessment in law subjects because they are typically short and useful when constructing legal arguments. The purpose of legal case notes is to summarise and synthesise "the pertinent parts" of a legal judgment, including the facts, issue(s), and reasoning that went into court's decision making process (Corbett-Jarvis & Grigg 2017, p. 148). What they require you to do is thoroughly familiarise yourself with a notable court decision or statute and its legal context. This generally means examining the relationship between the decision and the existing case and/or statutory law, discussing important issues, cases, and legislation within that area.

Case notes tend to focus on important changes or interpretations of the law in certain cases. This is what makes them notable in some sense. When writing a case note, you should ask yourself what makes this case significant in the context of your course:

• Does it represent a significant departure from precedent?
• Does it represent a significant area of concern?
• Does it represent a first of its kind?
• Does it represent an abandonment of logical reasoning?
• Does it represent a precedent with long lasting effects?

A case note requires you to take a position (make an argument) and critically analyse the significance of the case in question. As Baron and Corbin (2016, p. 91) write, "[b]y articulating and arranging the information contained in cases... the writer can influence or persuade others to think in a more detailed way about the legal reasoning process". 

How can I structure my case notes?

When writing a case note, the emphasis should be on being as clear and concise as possible. There is no definitive structure for a case note, but the following provides a flexible guideline of the common features. As a general rule, HIRAC should be used to compile and organise case notes.

Introduction

You should begin by briefly introducing the area of law, the legal issue(s), and what was decided. Indicate your line of argument: was this a significant decision? Does the decision create legal precedent, or uphold legal precedent? Explain the significance of the case, which should also indicate the organisation (or signposting) of the case note.

Identify the important, relevant facts of the case and, if appropriate, its background. This section will generally be more descriptive rather than analytical since you are just identifying the parties to the case (e.g. buyer, seller, employer, employee), procedurally significant facts, and the arguments that were put forward on behalf of both parties. Significant conflicting evidence should also be briefly noted. Keep it as short as possible.

In this section, you should provide the reader with an outline of the court's holding (i.e. the court's decision) on each relevant issue, as well as the court's reasoning. What is the legal rule essential to the decision in this case? Were comments made by the judge that are not directly related to the decision in this case, but may be important to issues raised in other cases? Reasoning is the way in which the court applied the rules/legal principles to the particular facts in the case to reach its decision. Indicate whether there was dissenting judgement and what reasons were provided for dissent. In closing this section, relate the selected case to the prior law to illustrate how, if at all, the selected case affects prior law.

This is the most significant section of your case note: this is where you demonstrate your critical analysis and evaluation of the case in your own words. In other words, this is you provide your argument. Start by stating the existing and the major developments both supporting and opposing the decision of the court. Then critically analyse the court's reasoning and decision. The analysis should be presented logically and be signposted accordingly. If appropriate, attempt to predict the impact the case will have on future decisions. Address any ambiguous statements made by the court, and questions the court left unanswered. This section affords you the opportunity to demonstrate legal skill and prowess by dissecting the case and raising important issues involved.

These are useful questions to use when it comes to writing your analysis:

• Was the court's decision appropriate and persuasive? Was the court's decision influenced by policy issue or particular values?
• Does this decision change/conform with existing law? Was the reasoning consistent with previous reasoning in similar cases? Is it likely that the decision will significantly influence existing law?
• Did the court adequately justify its reasoning? Was its interpretation of the law appropriate? Was the reasoning logical/consistent? Did the court consider all/omit some issues and arguments? And, if there was omission, does this weaken the merit of the decision?
• What are the policy implications of the decision? Are there alternative approaches which could lead to more appropriate public policy in this area?

Your conclusion should summarise the main points of your analysis and reiterate the significance of the case. If your finding is that the decision creates legal precedent, or conversely, upholds legal precedent, what does that mean? What are the wider implications of this case? The length of the conclusion depends on the argument being made. If you reach the legal conclusion in a previous section, a brief summary is sufficient.

Reference List

Baron, Paula, and Lillian Corbin. Legal Writing: Academic and Professional Communication . South Melbourne, Vic: Oxford University Press, 2016.

Campbell, Enid, Richard Fox, Melissa de Zwart. Students' Guide to Legal Writing, Law Exams and Self Assessment , 3 rd Ed. Annandale, NSW: Federation Press, 2010.

Corbett-Jarvis, Nichola, and Brendan Grigg. Effective Legal Writing: A Practical Guide , 2 nd Ed. Chatswood, NSW: LexisNexis Butterworths, 2016.

Macken, Claire. Law student survival guide: 9 steps to law study success, 2 nd Ed. Rozelle, NSW: Thomson Reuters (Professional) Australia Limited, 2010.

Webley, Lisa. Legal Writing , 3 rd Ed. London; New York: Routledge, 2013.

Other assessments

Annotated bibliography

Creative writing

Critical review

Policy brief

Writing in Psychology

Related links

• ANU Law Student Society
• ANU Library Academic Skills
• +61 2 6125 2972

Law School Optional Essays: What to Know

Write optional essays only if they contribute to your case for admission.

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A classic mistake applicants make is to write as much as allowed, hoping that something will stick. Applicants can best show their professionalism, communication skills and respect for the reader by writing efficiently and purposefully.

Every law school requires applicants to submit a personal statement, typically limited to two or three double-spaced pages, along with a resume typically limited to two pages. These two documents provide applicants with their chief opportunities to detail their interests, goals and path to law school.

Beyond those core documents, many law schools allow other essays, usually optional but sometimes required. Most prominent is a type of essay that used to be called a diversity statement. 

Diversity, Perspective or Background Statements

Until recently, almost every law school offered an optional diversity statement. Prompts for diversity statements varied among law schools, but typically concerned an applicant’s identity and background, past hardships or potential to contribute to a diverse and inclusive campus environment.

After the U.S. Supreme Court outlawed race-conscious admissions policies in June 2023, law schools adapted diversity statements in different ways, which will likely continue to evolve over future admissions cycles.

Currently, most law schools offer one or more optional essay prompts that give applicants an opportunity to discuss their perspective, identity, personal adversity, experience interacting with diverse viewpoints or other topics related to diversity.

While it’s hard to generalize about all these essay prompts, they still differ from personal statements in many ways. They are more reflective, looking backward rather than forward. They often have tighter page or word limits.

The purpose of these optional statements is not solely for applicants to detail their unique background. Everyone is atypical in some ways . Rather, these optional essays are intended to free applicants from having to weave together their background and interests within the same two-page statement.

For example, imagine an Armenian American inspired by the trauma of the Armenian genocide to become an international human rights lawyer. This would make a great topic for a personal statement.

But what if that applicant actually feels most passionate about securities law? It would be counterproductive to force such a candidate to awkwardly cram genocide and securities law into the same essay. This is why schools allow applicants space to tell more complicated stories. 

Other Optional Law School Admission Essays

Beyond personal and diversity statements, some law schools also allow or require extra short essays. Most commonly, a school might ask about why an applicant would be a good fit for the school, often called a “Why this law school?” essay . These are almost always worthwhile to write.

Some schools have short-answer questions on topics like an applicant’s career goals or how an applicant aligns with the school’s values. A few schools, like Stanford University Law School in California and Georgetown University Law Center in Washington, D.C., have offbeat essay prompts that tend to vary from year to year.

Finally, some law schools provide dedicated space for applicants wishing to explain issues often covered by an addendum , like underperformance on standardized tests or in their transcripts. 

Are Optional Essays Worth Writing?

A classic mistake applicants make is to write as much as allowed , hoping that something will stick. Many law school applicants fear that if they fail to maximize every possible opportunity to write about themselves, they will appear lazy or disinterested. Therefore, they sabotage themselves by padding their application with redundant and repetitive text.

Applicants can best show their professionalism, communication skills and respect for the reader by writing efficiently and purposefully. Admissions officers have a limited amount of time, perhaps a matter of minutes, to review your application. Anything you write that does not contribute to a coherent argument for your admission risks wasting that time.

Thus, an optional essay is unnecessary if its key points are already adequately communicated through the personal statement or other materials. Optional essays should be used strategically to build your argument for admission. Don’t simply talk about yourself to fill space.

For example, if an optional essay prompt asks for your favorite book, there is no need to lie and claim that it is "The Common Law" by Oliver Wendell Holmes, Jr.

On the other hand, before you write about your love of "Harry Potter," consider whether and how that would bolster your application. Unless you can trace your interest in justice to Hermione’s efforts to emancipate house elves, you might be better off choosing another book or skipping the essay altogether.

In sum, optional essays should convey or emphasize something about you that your personal statement and other materials fail to address. If you cannot think of anything else that would strengthen your case, then forgo the essay. Like a lawyer, show meticulousness and fine judgment with restraint, not verbosity.

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About Law Admissions Lowdown

Law Admissions Lowdown provides advice to prospective students about the law school application process, LSAT prep and potential career paths. Previously authored by contributors from Stratus Admissions Counseling, the blog is currently authored by Gabriel Kuris, founder of Top Law Coach , an admissions consultancy. Kuris is a graduate of Harvard Law School and has helped hundreds of applicants navigate the law school application process since 2003. Got a question? Email [email protected] .

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Trinity College was pleased to launch the Robert Walker Prize for Essays in Law in 2013. The prize is named after the Rt Hon. The Lord Walker of Gestingthorpe GBS PC (1938–2023), a judicial member of the House of Lords from 2002 and Justice of the Supreme Court of the United Kingdom from its creation in 2009 until his retirement in 2013. Lord Walker read law at Trinity, and became an Honorary Fellow of the College in 2006. He was a generous and dedicated supporter of Law at Trinity, meeting current and prospective students at College events, judging moots (legal debates) and helping to connect the practice of law with its academic study.

The Robert Walker Prize has three objectives:

• to encourage students with an interest in Law to explore that interest by researching, considering and developing an argument about a legal topic of importance to modern society;
• to encourage those interested in Law to apply for a university course in Law; and
• to recognise the achievements of high-calibre students, from whatever background they may come.

The question for the 2024 competition is as follows:

What legal issues might arise from prohibiting the sale of tobacco products to anyone born after 2008?

The rules for the competition are as set out below:

• Essays can be of any length up to 2,000 words (including any footnotes).
• If there are special reasons why a potential candidate cannot submit an essay online, a request exceptionally to submit in hard copy may be made. Requests will be considered by the Law Fellows. Please contact the Admissions Office at Trinity College Cambridge, CB2 1TQ; tel: +44(0)1223 338422; fax: +44 (0)1223 338584; email:  [email protected] .
• The competition is open to students in their final or penultimate year of secondary school, except students who have entered the competition in the past. No individual student may submit more than one entry into the competition.
• Candidates may discuss the subject matter of the essay with other students and teachers at their school; however, the formulation of the argument and the writing of the essay must be the work of the student alone.
• Essays will be assessed by reference to a range of factors, including the development of argument, the quality of expression and the appropriate use of supporting facts and material.
• Entries will be considered in two divisions: a United Kingdom Division and an International Division.
• It is anticipated that first prizes of £300 and second prizes of £200 may be awarded in each Division; the prizes may be shared.
• It is anticipated that the authors of the ten top-placed essays in each Division will be invited to a Prize Ceremony at Trinity to see the College and to meet the Law Fellows.
• The decisions of the judges are final; no correspondence will be entered into. Essays will not be returned, so candidates should keep a copy for their own reference.

About your school

Past robert walker prize-winners.

2023 (153 entries):

First Prize (United Kingdom Division): Chloe Green, Royal Grammar School Newcastle First Prize (International Division): Minh Phuong Dang Tran, Raffles Institution (Singapore) Second Prize (United Kingdom Division): Jessica Williamson, Tiffin Girls’ School Second Prize (International Division): Ziqi Li, Shenzhen High School (China)

2022 (172 entries):

First Prize (United Kingdom Division): Jiwon Heo, St Paul’s Girls’ School First Prize (International Division): Kaitlyn B Wong, Chinese International School (Hong Kong) Second Prize (United Kingdom Division): Toby Bowles, Rushcliffe Spencer Academy Second Prize (International Division): Nikki Han, Queenwood School for Girls (Australia)

2021 (278 entries):

First Prize (United Kingdom Division): Ben Mays (Colyton Grammar School) First Prize (International Division): Yu Du (Raffles Institution, Singapore)

Second Prize (United Kingdom Division): Afzal Hussain (Eton College) Second Prize (International Division): Judy Yi Ting Ma (Presbyterian Ladies’ College, Australia)

2020 (175 entries):

First Prize (United Kingdom Division): George Hargreaves (Royal Grammar School, Guildford) First Prize (International Division): Antonia Vig (Colegiul Național Alexandru Papiu Ilarian, Romania) Second Prize (United Kingdom Division): Charlotte Fowler (Highgate School) Second Prize (International Division): Annabelle Chua (Hwa Chong Institution, Singapore)

2019 (107 entries):

First Prize (United Kingdom Division): Christopher Long (Woodbridge School) First Prize (International Division): Jonathan Teng (Raffles Institution) Second Prize (United Kingdom Division): Eleanor Hargrove (King’s College School, Wimbledon) Second Prize (International Division): Wong Zi Yang (Raffles Institution)

2018 (154 entries):

First Prize (United Kingdom Division): David Edwards-Ker (Westminster School) First Prize (International Division): Gergely Berces (Milestone Institute, Hungary) Second Prize (United Kingdom Division): Dorothy Biyere (Sutton Grammar School) Second Prize (International Division): Xinyi Gao (Hwa Chong Institution, Singapore)

2017 (135 entries):

First Prize (United Kingdom Division): Eve Loveman (Peter Symonds’ College) First Prize (International Division): Lauren Park (Pymble Ladies’ College, Australia) Second Prize (United Kingdom Division): Mary Hassan (St. Michael’s Catholic Grammar School) Second Prize (International Division): Ruilin Fang (Dunman High School, Singapore)

2016 (112 entries):

First Prize (United Kingdom Division): Ellis Napier (Lawnswood School) First Prize (International Division): Allegra McCormack (Kambala, Australia) Second Prize (United Kingdom Division): Johnny McCausland (Wellington College) Second Prize (International Division): Gabriel Tan Jin Hsi (Hwa Chong Institution, Singapore)

First Prize (shared): Charlotte Witney (Saffron Walden County High School) First Prize (shared): Ricky Ham (Pymble Ladies’ College, Australia) Second Prize (shared): Priya Radia (North London Collegiate School) Second Prize (shared): Katharine Cook (Wellington College)

First Prize: Noelle Huang (Hwa Chong Institution, Singapore) Second Prize: John Cheung (Abingdon School)

First Prize: Emily Harbach (Haberdashers’ Aske’s School for Girls) Second Prize: Alistair Ho (Merchant Taylors’ School)

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Essays in Criminal Law in Honour of Sir Gerald Gordon

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This book honours the work of Sir Gerald Gordon CBE QC LLD (1929– ). In modern times few, if any, individuals can have been as important to a single country's criminal law as Sir Gerald has been to the criminal law of Scotland. His monumental work The Criminal Law of Scotland (1967) is the foundation of modern Scottish criminal law and is recognised internationally as a major contribution to academic work on the subject. Elsewhere, he has made significant contributions as an academic, judge and as a member of the Scottish Criminal Cases Review Commission. Reflecting the academic rigour and practical application of Sir Gerald's work, this volume includes chapters on criminal law theory, substantive law and evidence and procedure by practitioners and academics within and outside of Scotland, including contributions from England, Ireland, and the USA.

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• International Law / Law of War / LENS Essay Series / Use of Force
• LENS Essay Series: “Reviving the Right to Rescue: Analyzing International Law on the Use of Force for Hostage Rescue in the 21st Century”

by Charlie Dunlap, J.D. · 27 March 2024

One way of defeating and, importantly, deterring hostage-taking is through the rescue of those taken–by deadly force if necessary. 

What are those complications?  Ms. French’s essay, “ Reviving the Right to Rescue: Analyzing International Law on the Use of Force for Hostage Rescue in the 21st Century “ details the legal issues involved (and you may be surprised at some of the objections).  She concludes (correctly in my view) that the “right to rescue” exists and that it ‘is not only legally permissible but morally and practically desirable.”

Here’s the abstract of Katherine’s extremely timely (and well-researched) article:

The capture of foreign nationals is becoming an increasingly popular strategy for bad actors seeking global attention or change. The recent practices of Hamas, Russia, Iran, and other enemies of the rules-based international order demonstrate this trend. While States universally recognize the illegality of hostage-taking, they fail to reach a consensus regarding how they may respond. The choice to use force to bring these nationals home is the most controversial of all.

The so-called “right to rescue” was once standard practice, but its support has faded since the signing of the United Nations Charter, which reset the guidelines on uses of force. Nevertheless, the right to rescue has not gone away. This paper explains how international law continues to support States’ legitimate ability to use force to rescue nationals held abroad by governments or non-state actors. Such a right is not only legally permissible but morally and practically desirable, as no end to the upsetting practice of hostage-taking is in sight.

If you want to really understand this in-the-headlines topic, be sure to read Katherine’s full essay found here .

About the Author

At Duke, Katherine is Co-President of the International Law Society, VP of Outreach for the National Security Law Society, 2L Rep for the Women Law Student Association, a Notes Editor for the Duke Law Journal, and a member of the Moot Court Board. Following law school, she will serve as an Army Judge Advocate.

Remember what we like to say on  Lawfire ® : gather the facts, examine the law, evaluate the arguments – and then decide for yourself !

Tags: hostages Katherine French

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UC Law professors recognized for their scholarly achievements

Congratulations to two University of Cincinnati College of Law faculty members who have been honored with awards that recognize their scholarly body of work.

Lynn Bai , professor of Law, is the recipient of the Harold C. Schott Scholarship Award. Professor Bai’s scholarship focuses on corporate governance, shareholders’ rights, and securities law. Her work explores, among other topics, how changing judicial interpretations of shareholders’ rights affect the incentives of both corporations and their competitors in potentially unexpected ways. Beyond cogent doctrinal analysis, Professor Bai’s research also frequently incorporates empirical methods. She has also worked to make our students part of the scholarly enterprise, not merely as research assistants but as co-authors. Her recent work has appeared in the Emory Corporate Governance and Accountability Review , the Michigan Journal of Law Reform ’s companion site Caveat , and the University of Pennsylvania Journal of Business Law . 

The Schott Award is given to a faculty member for their outstanding research and scholarly achievement, based on a collective body of work.

Michael Solimine , Donald P. Klekamp Professor of Law, is the recipient of the Faculty Excellence Award. Funded by the Twenty-Fifth Reunion Faculty Excellence Fund, this award recognizes a faculty member who has made the greatest scholarly contribution to legal education within a single year. Professor Michael Solimine has published multiple articles on election law, judicial procedure, and legal history in 2022–2023. This includes co-authored papers in the peer-reviewed Election Law Journal and Social Science Quarterly , as well as articles in the Case Western Reserve Law Review and Indiana Law Journal Supplement .

Professor Lynn Bai

Professor Michael Solimine

Lead photo: Perkins Will Design;  Faculty photos: UC Photography

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Fight Over Texas Law Underscores a Battle of America vs. Its States

The partisan gridlock gumming up Washington has prompted states controlled by one party to set off on their own.

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By Charlie Savage and Jack Healy

Charlie Savage writes about legal policy, and Jack Healy writes about the Western United States.

The face-off between Texas and the federal government over whether the state can enforce its own immigration policy reflects a broader and recurring feature of American politics: a number of hot-button issues have become proxy battles over who gets to decide.

During the Trump administration, Democratic-run states like California and blue cities like New York waged legal fights over their right to pass sanctuary laws to protect migrants. Now, the conflict over whether Texas can arrest and deport migrants is just one part of a larger campaign that red states have directed at the Biden administration.

A coalition of Republican state attorneys general has also gone to court to thwart the administration’s efforts to regulate methane emissions from oil and gas drilling, to block a program that allows humanitarian entry to migrants from specific countries, and to halt an effort to crack down on gun accessories, among others.

The balance of power between the national government and states has been a source of tensions in the United States since its founding, leading to the Civil War. But in the 21st century, as partisan polarization has intensified, it has morphed into a new dynamic, with states controlled by the party opposed to the president regularly testing the boundaries.

The political issues run the gamut — and include topics like abortion, gun control, same-sex marriage and even marijuana legalization — but the larger pattern is clear: Whenever one party wins control of the central government, the other party uses its control of various states to try to resist national policies.

“We’re seeing stuff we’ve never seen in the modern era,” said Heather K. Gerken, the dean of Yale Law School who has written about contemporary federalism . “It’s really stunning what kind of proxy war is taking place. It’s all because the vicious partisanship that has long been a feature of Washington has now filtered down to the states.”

A clause in the Constitution says that federal statutes are supreme, and the traditional understanding is that where federal and state law conflict, federal law prevails. At the same time, the Constitution only grants certain powers to the federal government and reserves the rest to states. In practice, the powers of both levels often overlap.

As a result, the lines are not always clear, said Jessica Bulman-Pozen, a Columbia law professor who has written about what she calls “ partisan federalism .” That ambiguity, she said, combined with the increasing nationalization of politics, has caused the parties to use control of states to resist presidents of the other party.

“We have a lot of political fighting that gets channeled through this federalist structure, where if you have a Democratic president, Republican-led states try to pick fights with the presidency and the same with Democratic states during Republican administrations,” Ms. Bulman-Pozen said. “And certain people’s views about state power and federalism are wont to change with different administrations and different exercises of power.”

Political scientists say the growing partisan gridlock gumming up Washington over the past 20 years has created the conditions for states that are handily controlled by one party or the other, like Texas and California, to set off on their own.

Liberal states like California and Democratic-run cities have passed gun restrictions, auto-emissions standards that are stricter than national standards and sanctuary policies to limit how local law-enforcement officers can work with federal immigration agents. Meanwhile, Republican states passed stringent abortion bans and declared themselves Second Amendment sanctuaries.

“The states have been growing more and more powerful,” said Lara M. Brown, a political scientist and author. “Most of us exist under state laws more than federal laws. Texans are happy they can walk around with their guns. And Californians are happy people aren’t.”

Akhil Reed Amar , a Yale Law School professor, said the arguments over federalism pit two ideals against each other. One is that everyone will be happier if different parts of the country can govern themselves, so long as people can move to the places they agree with. The other is that to be a viable country with an integrated economy, there have to be certain basic rules and uniform national rights.

History shows there are limits to how differently states can govern, in part because what happens in one state can affect another.

A judge on the federal appeals panel weighing Texas’s immigration law scrutinized that question on Wednesday, asking whether the state could arrest an undocumented migrant who crossed into the state not from Mexico, but from Arizona. “Maybe?” responded Aaron L. Nielson, the Texas solicitor general.

Just as in the 19th century it proved untenable for the nation to endure while some states permitted slavery and others outlawed it — with fights over issues like what happened when an enslaved person was taken to or fled to a free state — the political reality is that people try to use national control to impose a uniform vision.

For nearly 50 years, the Supreme Court’s landmark ruling in Roe v. Wade meant that states could not outlaw abortion. Then, after a conservative majority overturned that decision in 2022, many Republican-controlled states imposed sharp restrictions on the procedure, while Democratic-controlled ones did not.

But the issue remains volatile. Disputes have emerged over whether antiabortion states can criminalize traveling elsewhere to terminate pregnancies and whether states supporting abortion rights can mail abortion pills to women living in states where the procedure is outlawed. And both supporters and opponents of abortion have floated passing national legislation to impose their respective ideals across the country.

The battles over uniformity and diversity do not always play out in court. Despite federal laws outlawing marijuana, Washington has largely allowed more than 30 states to legalize and regulate medical or recreational cannabis, for example.

But very often these fights end up in litigation, putting ultimate resolution in the hands of the Supreme Court. Since the court has increasingly tilted to the right because of President Donald J. Trump’s three appointments, Republicans have an edge.

In 2015, for example, the court voted 5 to 4 to strike down laws in conservative-leaning states that limited marriage to heterosexual couples, allowing same-sex couples to marry in all 50 states. In 2022, the court’s widened conservative majority — in addition to overturning Roe v. Wade — voted in a 6-to-3 decision to strike down laws in New York and other liberal-leaning states that placed strict limits on carrying guns in public.

Still, the deeper roots of the conflicts are found in the structure of the United States government that has put the powers of the national government in tension with states from the beginning.

“You see it over and over again,” said David I. Levine, a professor with the University of California College of the Law, San Francisco, who has tracked California’s conflicts with the federal government during the Trump administration. “The civil war. Civil rights, integration of schools. It’s built into the system.”

Charlie Savage writes about national security and legal policy. More about Charlie Savage

Jack Healy is a Phoenix-based national correspondent who focuses on the fast-changing politics and climate of the Southwest. He has worked in Iraq and Afghanistan and is a graduate of the University of Missouri’s journalism school. More about Jack Healy

House Republican budget calls for raising the retirement age for Social Security

WASHINGTON — A new budget by a large and influential group of House Republicans calls for raising the Social Security retirement age for future retirees and restructuring Medicare.

The proposals, which are unlikely to become law this year, reflect how many Republicans will seek to govern if they win the 2024 elections. And they play into a fight President Joe Biden is seeking to have with former President Donald Trump and the Republican Party as he runs for re-election.

The budget was released Wednesday by the Republican Study Committee , a group of more than 170 House GOP lawmakers, including many allies of Republican presidential nominee Donald Trump. Apart from fiscal policy, the budget endorses a series of bills “designed to advance the cause of life,” including the Life at Conception Act, which would aggressively restrict abortion and potentially threaten in vitro fertilization , or IVF, by establishing legal protections for human beings at “the moment of fertilization.” It has recently caused consternation within the GOP following backlash to an Alabama Supreme Court ruling that threatened IVF.

The RSC, which is chaired by Rep. Kevin Hern, R-Okla., counts among its members Speaker Mike Johnson, R-La., and his top three deputies in leadership. Johnson chaired the RSC from 2019 to 2021; his office did not immediately respond when asked about the new budget.

For Social Security, the budget endorses "modest adjustments to the retirement age for future retirees to account for increases in life expectancy." It calls for lowering benefits for the highest-earning beneficiaries. And it emphasizes that those ideas are not designed to take effect immediately: "The RSC Budget does not cut or delay retirement benefits for any senior in or near retirement."

The new budget also calls for converting Medicare to a "premium support model," echoing a proposal that Republican former Speaker Paul Ryan had rallied support for. Under the new RSC plan, traditional Medicare would compete with private plans and beneficiaries would be given subsidies to shop for the policies of their choice. The size of the subsidies could be pegged to the "average premium" or "second lowest price" in a particular market, the budget says.

The plan became a flashpoint in the 2012 election, when Ryan was GOP presidential nominee Mitt Romney's running mate, and President Barack Obama charged that it would "end Medicare as we know it." Ryan defended it as a way to put Medicare on better financial footing, and most of his party stood by him.

Medicare is projected to become insolvent in 2028, and Social Security will follow in 2033. After that, benefits will be forcibly cut unless more revenues are added.

Biden has blasted Republican proposals for the retirement programs, promising that he will not cut benefits and instead proposing in his recent White House budget to cover the future shortfall by raising taxes on upper earners.

The RSC budget also presents a conundrum for Trump, who has offered shifting rhetoric on Social Security and Medicare without proposing a clear vision for the future of the programs.

Notably, the RSC budget presents three possible options to address the projected insolvency of the retirement programs: raise taxes, transfer money from the general fund or reduce spending to cover the shortfall.

It rejects the first two options.

"Raising taxes on people will further punish them and burden the broader economy–something that the spend and print regime has proven to be disastrous and regressive," the budget says, adding that the committee also opposes "a multi-trillion-dollar general fund transfer that worsens our fiscal situation."

That leaves spending cuts.

The RSC budget launches blistering criticism at "Obamacare," or the Affordable Care Act, and calls for rolling back its subsidies and regulations that were aimed at extending insurance coverage.

Sahil Kapur is a senior national political reporter for NBC News.

Watch CBS News

Supreme Court lets Texas detain and jail migrants under SB4 immigration law as legal battle continues

By Camilo Montoya-Galvez , Melissa Quinn

Updated on: March 19, 2024 / 10:40 PM EDT / CBS News

The Supreme Court on Tuesday gave Texas officials permission to jail and prosecute migrants suspected of crossing the U.S. southern border without authorization, greenlighting the enforcement of a state immigration law known as SB4 that the Biden administration has called unconstitutional.

Denying a request from the Justice Department, the high court allowed the controversial Texas law, one of Gov. Greg Abbott's signature immigration policies, to take effect while the U.S. Court of Appeals for the 5th Circuit considers the measure's legality.

Passed by the Texas legislature last year, SB4 criminalizes unauthorized migration at the state level, making the act of entering the U.S. outside of a port of entry — already a federal offense — into a state crime. It also creates a state felony charge for illegal reentry.

At the request of the Biden administration, a federal judge last month blocked SB4 , finding that the state measure is at odds with federal immigration laws. That ruling was then suspended by the 5th Circuit, which issued an administrative stay to review the matter. Justice Samuel Alito then paused that order on administrative grounds, which he extended Monday evening.

On Tuesday, the full court declined to suspend the 5th Circuit's order any longer. Justice Amy Coney Barrett, in an opinion concurring with the majority's decision , wrote that the high court shouldn't second-guess the appeals court.

"So far as I know, this Court has never reviewed the decision of a court of appeals to enter — or not enter — an administrative stay," she wrote in her concurrence, which was joined by Justice Brett Kavanaugh. "I would not get into the business. When entered, an administrative stay is supposed to be a short-lived prelude to the main event: a ruling on the motion for a stay pending appeal. I think it unwise to invite emergency litigation in this Court about whether a court of appeals abused its discretion at this preliminary step."

The three liberal justices, Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson, dissented from the ruling by the court's six-member conservative majority.

"The Court gives a green light to a law that will upend the longstanding federal-state balance of power and sow chaos, when the only court to consider the law concluded that it is likely unconstitutional," Sotomayor wrote in a dissenting opinion, joined by Jackson.

What Texas' SB4 immigration law does

SB4 empowers Texas law enforcement officials, at the state and local levels, to stop, jail and prosecute migrants on illegal entry and reentry charges. It also allows Texas judges to order migrants to return to Mexico as an alternative to continuing their prosecution, effectively creating a de facto state deportation system.

The Justice Department has said SB4 conflicts with federal law and the Constitution, noting that immigration enforcement, including arrests and deportations, have long been a federal responsibility. It has also argued the measure harms relations with the Mexican government, which has denounced SB4 as "anti-immigrant" and vowed to reject migrants returned by the state of Texas.

In a statement Tuesday following the ruling, the Mexican Ministry of Foreign Affairs "condemned" SB4, saying it "categorically rejects any measure that allows state or local authorities to exercise immigration control, and to arrest and return nationals or foreigners to Mexican territory."

"Mexico reiterates its legitimate right to protect the rights of its nationals in the United States and to determine its own policies regarding entry into its territory," the statement went on.

The Mexican government plans to file a friend-of-the-court brief with the 5th Circuit Court of Appeals "to provide information on the impact that this law will have on the Mexican and/or Mexican-American community, and its effect on the relations between Mexico and the United States," the foreign ministry added. 

Abbott, who has positioned himself as the leading state critic of President Biden's border policies, has portrayed SB4 as a necessary measure to discourage migrants from crossing the Rio Grande, arguing the federal government has not done enough to deter illegal immigration.

Over the past three years, Texas has mounted the most aggressive state effort yet to challenge the federal government's power over immigration policy, busing tens of thousands of migrants to major, Democratic-led cities, assembling razor wire and buoys along stretches of the border to deter migrant crossings and filing multiple lawsuits against federal immigration programs. 

The White House criticized the court for allowing the law to go into effect. Press secretary Karine Jean-Pierre called SB4 "harmful and unconstitutional," and said it was "just another example of Republican officials politicizing the border while blocking real solutions."

Department of Homeland Security spokesman Luis Miranda said SB4 will "throw immigration enforcement into chaos," noting that federal officials "do not have the authority" to help Texas enforce this law. The department, he noted, can only deport migrants with federal deportation orders." 

"Immigration is within the exclusive purview of the federal government" Miranda added.    

Abbott, the Texas governor, welcomed news of the court's ruling,  writing in a social media post that it is "clearly a positive development."

The liberal justices' dissent

The Supreme Court did not express a view on the constitutionality of the Texas law, but Sotomayor accused the 5th Circuit of abusing its discretion "by entering an unreasoned and indefinite administrative stay that altered the status quo."

"This court stands idle," she wrote in a fiercely worded opinion. "Because I cannot, I dissent."

Sotomayor warned that SB4 will "disrupt sensitive foreign relations, frustrate the protection of individuals fleeing persecution, hamper active federal enforcement efforts, undermine federal agencies' ability to detect and monitor imminent security threats, and deter noncitizens from reporting abuse or trafficking."

She argued that the 5th Circuit should've considered the constitutionality of the law and harm caused by it before allowing it to take effect. Instead, Sotomayor continued, "it opened the door to profound disruption. This Court makes the same mistake."

Writing separately, Kagan said she would not have allowed SB4 to take effect, and said the 5th Circuit's "unreasoned" decision to temporarily allow Texas to enforce the law for more than a month "should not spell the difference between respecting and revoking long-settled immigration law."

Barrett's opinion was technical in nature and focused on the temporary stay issued by the 5th Circuit, which gave the green light for Texas to enforce SB4 while legal proceedings continue. That decision by the lower court, she said, was "an exercise of its docket management authority."

"The time may come, in this case or another, when this Court is forced to conclude that an administrative stay has effectively become a stay pending appeal and review it accordingly. But at this juncture in this case, that conclusion would be premature," Barrett wrote.

• Immigration
• Supreme Court of the United States
• U.S.-Mexico Border

Camilo Montoya-Galvez is the immigration reporter at CBS News. Based in Washington, he covers immigration policy and politics.

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