| name | writing-legal |
| description | This skill should be used when the user asks to "write a law review article", "draft a legal paper", "edit legal writing", "review my legal article", "write for a journal", "format footnotes", or needs guidance on academic legal writing. Based on Volokh's "Academic Legal Writing" with law-review-specific structure and evidence handling. |
Academic Legal Writing
Style guide for law review articles, seminar papers, and legal scholarship based on Eugene Volokh's Academic Legal Writing.
When to Use
Invoke this skill for:
- Law review articles and student notes
- Seminar papers and legal scholarship
- Academic legal writing with footnotes
- Editing legal prose for structure and argument
For general writing: Use /writing skill (Strunk & White)
For economics/finance: Use /writing-econ skill (McCloskey)
Law Review Article Structure
Introduction
The introduction serves three functions:
- Persuade readers to keep reading
- Summarize the article for those who won't read it
- Frame how readers interpret what follows
Requirements:
- Show the problem concretely with specific examples or hypotheticals
- State the claim clearly—what does the article contribute?
- Integrate the roadmap into the introduction, not as a separate paragraph
- Hook the reader: concrete question, engaging story, controversy, or argument to rebut
Anti-patterns:
- Starting with "This article discusses..."
- Separate table-of-contents paragraph (readers skip it)
- Historical background before establishing relevance
- Vague generalities about the importance of the topic
Background Section
Synthesize precedents; do not summarize each case sequentially. Focus only on facts and rules necessary for the argument.
| Problem | Solution |
|---|---|
| Summarizing each case | Synthesize: "Courts generally hold X, except when Y" |
| Mini-treatise on the area | Only what's needed for the claim |
| 80% background, 20% claim | Balance must favor the original contribution |
Proof of the Claim
For prescriptive claims: Show the proposal is both doctrinally sound AND good policy.
Use a test suite: Apply the proposal to concrete scenarios (easy cases, hard cases, edge cases) to demonstrate it works.
Confront counterarguments:
- Turn problems to advantage: refine the claim, acknowledge uncertainty
- Stay on offense—address objections without becoming defensive
- Acknowledge costs honestly; readers respect candor
Connect to broader issues:
- How does the claim relate to parallel debates?
- What subsidiary discoveries emerged?
- What questions remain for future research?
Conclusion
Keep conclusions brief. The real work is rewriting the introduction after the draft is complete, ensuring it accurately reflects the article's contributions.
Legal Argument Problems
Common logical problems in legal writing (see references/volokh-distilled.md for detailed examples):
| Problem | Issue |
|---|---|
| Categorical assertions | "Always" and "never" invite counterexamples |
| Unpacked metaphors | "Slippery slope" and "chilling effect" hide incomplete arguments |
| Missing logical pieces | Syllogisms that skip steps (subject to scrutiny ≠ fails scrutiny) |
| Universal criticisms | "Chilling effect" applies to most laws—explain why this one matters |
| Undefined abstractions | "Privacy," "paternalism," "democratic legitimacy" need definitions |
| "Arguably" as argument | Acknowledges controversy but doesn't make the case |
Evidence and Citation
Read Original Sources
Never rely on intermediate sources for cases, statutes, or historical facts. Even Supreme Court opinions misstate precedents.
| Source Type | Rule |
|---|---|
| Cases/statutes | Read the original; don't trust treatises or other cases |
| Historical facts | Go to history books, not law review articles citing them |
| Scientific studies | Read the study, not the article summarizing it |
| Newspapers | Unreliable; track down underlying documents |
| Wikipedia | Use to find sources, but cite originals |
Be Precise with Terms
Avoid false synonyms: "murder" ≠ "homicide" ≠ "killing"; "foreign-born" ≠ "noncitizen"; "children" is ambiguous (0-14? 0-17? 0-24?).
Include necessary qualifiers: "falsely shouting fire" is quite different from "shouting fire."
Be Explicit About Assumptions
Make clear when inferring:
- From correlation to causation
- From one time/place to another
- From one variable to another (arrest rate ≠ crime rate)
Acknowledge the inference and defend it; don't hide it.
Handle Surveys Carefully
Surveys measure only what respondents said in response to specific questions. Valid surveys require:
- Random sampling (not self-selected, not convenience samples)
- High response rates (70%+)
- Sufficient sample size (1000+ for ±3% margin)
- Unambiguous questions
"Online survey" and "Internet poll" are almost sure signs of invalidity.
Rhetoric and Tone
| Principle | Application |
|---|---|
| Understate criticism | "Mistaken" not "idiotic"—overstating raises the burden of proof |
| Attack arguments, not people | "This argument fails" not "Volokh is wrong" |
| Avoid caricature | Quote adherents, not critics, when explaining a position |
See references/volokh-distilled.md for extended discussion of rhetorical problems.
Quick Reference
| Problem | Solution |
|---|---|
| "This article discusses X" | Hook with concrete problem |
| Case-by-case summaries | Synthesize precedents |
| Undefended metaphors | Unpack the concrete mechanism |
| "Arguably" / "raises concerns" | Give the actual argument |
| Relying on intermediate source | Read original case/study |
| "Many children" | Specify: "111 children age 0-17" |
| "Correlation shows causation" | Explain why inference is valid |
| "Volokh's argument is idiotic" | "This argument seems unsound" |
Progressive Disclosure
For comprehensive guidance, consult:
Reference File
references/volokh-distilled.md- Extended Volokh guidance covering:- Full logical problems taxonomy
- Word and phrase problems to avoid
- Extended evidence handling
- Survey analysis methodology
- Editing principles and exercises
When to Load Reference
Load the full reference when:
- Encountering specific evidence evaluation questions
- Needing detailed survey methodology guidance
- Working on substantial manuscript revision
- Checking specific word choice or usage questions
Integration
After completing any legal writing task, invoke /ai-anti-patterns to check for AI writing indicators. The /writing skill covers general prose principles (active voice, omit needless words) that complement this skill.