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How to Write a Law Essay: 8 Steps

December 28, 2023

1. Choosing an Essay Topic

When it comes to writing a law essay, choosing an appropriate topic is crucial. A well-chosen topic will make your research and writing process smoother and more enjoyable, while a poorly chosen topic can lead to frustration and a lackluster essay.

Firstly, consider what has piqued your interest in your law studies so far. Perhaps there was a case or topic that you found particularly intriguing, or an aspect of law that you feel needs further exploration. Alternatively, you could focus on a current legal issue that you feel strongly about and want to delve deeper into.

It’s also important to make sure your topic isn’t too broad or too narrow. Too broad of a topic can result in a lack of focus, while a topic that is too narrow won’t give you enough research material to work with.

Ultimately, choosing a law essay topic is about finding a balance between your personal interests and the practical aspects of your assignment. Take the time to carefully consider your options, and don’t be afraid to ask for input or guidance from your professor or classmates.

Possible Law Essay Topics

• The impact of social media on defamation laws.
• Analyzing the constitutionality of mandatory minimum sentencing.
• The effectiveness of restorative justice in reducing recidivism rates.
• Legal implications of artificial intelligence in the workplace.
• Exploring the rights of privacy versus national security in the digital age.
• Examining the legal and ethical issues surrounding euthanasia.
• Assessing the role of international law in combating climate change.
• Analyzing the legal framework for cyberbullying and online harassment.
• The legalization and regulation of recreational marijuana: a critical analysis.
• Exploring the intersection of intellectual property rights and emerging technologies.

Remember to choose a topic that aligns with your interests and research availability, while ensuring that it is adequately focused for a detailed analysis within the scope of your essay.

2. Researching the Topic

Before diving into writing a law essay, it’s essential to conduct thorough research on the chosen topic. This step is critical to ensure that the essay is factually correct, well-supported, and logically structured. Here are some tips on how to research effectively for a law essay:

• Begin by gathering basic information. Use specialized textbooks, journals, and databases to gain a foundational understanding of the topic.
• Use secondary sources to gain a broader perspective on the topic. Utilize reputable news sources, government publications, and online legal databases to broaden your search.
• Access case law. To support your arguments, cite legal cases that illustrate your argument. Access online case law databases that have accessible search functions.
• Use primary sources. Primary sources include statutes, regulation, and the constitution. It’s important to have a good grasp of the primary sources since they are the basis of much of legal research.
• Take notes. Keep track of all relevant information, including sources and citations. Use an organized format that will make outlining and writing the essay a simpler process.
• Evaluate and analyze. Through the research process, it’s important to analyze the information found. Determine what is and is not relevant, and how it factors into your argument.

By conducting thorough research, you will be able to support your argument with a well-evidenced and structured essay. Remember to keep track of all sources and citations as they will be necessary in the writing process.

3. Developing Strong Thesis Statement

Developing a strong thesis statement is essential when writing a law essay. This powerful statement sets the tone for the entire article and guides the reader’s understanding of your argument. To create an effective thesis statement, you must first fully understand the topic and question at hand. Take your time to research and gather relevant information to support your viewpoint. As you delve deeper into the subject, analyze different perspectives and identify the key arguments surrounding the topic. Once you have a clear understanding of the various viewpoints, narrow down your focus and craft a concise and persuasive thesis statement that clearly states your position. Remember, a strong thesis statement should be debatable, specific, and assertive. Spend time honing your thesis to ensure it effectively conveys your argument and engages the reader’s interest.

Example thesis statement:

“The death penalty should be abolished in the United States because it violates the Eighth Amendment, fails to act as an effective deterrent, and disproportionately affects marginalized communities.”

4. Structuring the Law Essay

Structuring your law essay is crucial to ensure clarity, coherence, and a logical flow of ideas. Here’s a breakdown of how to structure your law essay:

Introduction:

• Provide a brief overview of the topic and its significance.
• Present the thesis statement, clearly stating your argument.

Background and Context:

• Provide necessary background information to help the reader understand the topic.
• Explain relevant legal concepts, principles, or statutes related to your argument.
• Start each paragraph with a topic sentence that relates to your thesis statement.
• Present your arguments and support them with evidence, case law, or legal authorities.
• Use clear and concise language to explain your points and provide analysis.

Counter-Argument:

• Acknowledge and present the counter-argument(s) objectively and logically.
• Refute the counter-argument(s) with reasoned explanations and supportive evidence.

Conclusion:

• Summarize your main arguments and their supporting evidence.
• Restate your thesis statement and highlight its significance.
• Offer some final thoughts or suggestions for further research or action.

Remember to use appropriate headings and subheadings to structure your essay effectively. Use transition words and phrases to ensure a smooth flow between paragraphs. Additionally, ensure proper citations and referencing throughout the essay to maintain academic integrity.

5. Writing the Introduction

Writing the introduction is your opportunity to grab the reader’s attention and set the tone for your entire law essay. Here’s how you can effectively structure your introduction:

Start with a hook:

• Use a compelling statement, anecdote, or a relevant quote to engage the reader and create interest in your topic.

Provide background information:

• Give a brief overview of the legal issue or topic you will be discussing.
• Explain the significance and relevance of the topic to the field of law or society at large.

State the purpose and scope of your essay:

• Clearly state your thesis statement, which should encapsulate your main argument.
• Mention the key points you will address and the legal principles, cases, or statutes you will analyze.

Outline the essay structure:

• Provide a brief outline of how your essay will be structured.
• Mention the main sections or arguments you will present.

Establish the context:

• Explain any necessary legal concepts, terms, or background information that the reader needs to understand.

Remember to keep your introduction concise and focused. It should provide enough information to orient the reader and generate interest in your essay. However, save the detailed arguments and evidence for the main body of your essay. Aim to make your introduction clear, engaging, and persuasive, setting the stage for the rest of your law essay.

6. Developing the Body Paragraphs

Developing the body paragraphs is the core of your law essay, where you present and support your arguments with evidence and analysis. Here’s how to effectively structure and develop your body paragraphs:

Start with a topic sentence:

• Each body paragraph should begin with a clear topic sentence that relates to your thesis statement.
• The topic sentence sets the tone and direction for the paragraph.

Present your argument:

• Clearly state your argument or point of view in the opening sentences of each paragraph.
• Provide supporting evidence, such as case law, statutory provisions, or legal principles, to back up your argument.

Analyze and interpret the evidence:

• Explain the significance of the evidence in relation to your argument.
• Analyze how the evidence supports and strengthens your position.

Use legal authorities and sources:

• Cite relevant cases, statutes, or legal commentary to support your arguments.
• Refer to authoritative legal sources, such as court decisions or academic articles, to provide credibility.

Use clear and concise language:

• Clearly articulate your ideas using logical transitions and precise language.
• Avoid unnecessary jargon or overly complex language that may confuse the reader.

Remember to properly structure your paragraphs, provide sufficient evidence and analysis, and link your arguments back to your main thesis statement. Each paragraph should contribute to the overall coherence and flow of your essay, ensuring a convincing and well-supported argument.

7. Present the Counter-argument

Presenting the counter-argument is an essential component of writing a persuasive law essay. Failing to acknowledge opposing viewpoints weakens your argument and makes it appear biased. Therefore, it is crucial to identify different perspectives surrounding the topic and analyze these perspectives objectively. Once you have identified the counter-argument, you can present it in your essay, offering evidence and explanations to support it. Addressing counter-arguments in your essay strengthens your credibility as a writer and demonstrates your ability to look at a topic from multiple perspectives. Additionally, this approach makes your essay more convincing by acknowledging and addressing potential criticism of your argument. Keep in mind that effectively presenting the counter-argument requires thorough research, logical reasoning, and evidence-based arguments. Therefore, take your time to critically analyze opposing views to ensure your argument is backed up by relevant and reliable supporting evidence. By doing so, you can construct a well-reasoned and thoughtful essay that can withstand any counter-argument.

8. Crafting the Conclusion

Crafting a strong conclusion is essential to leave a lasting impression on the reader and effectively summarize your arguments in a law essay. Here are some key steps to consider when writing your conclusion:

Summarize your main points:

• Recapitulate the main arguments you presented in the body paragraphs.
• Provide a brief overview of the evidence you presented to support each argument.

Reinforce your thesis statement:

• Restate your thesis statement in a concise manner to remind the reader of your main argument.
• Emphasize the significance and relevance of your thesis in the context of the larger legal issue.

Offer a broader perspective:

• Connect your arguments to the wider legal or societal implications of the topic.
• Discuss the potential consequences or impact of your findings on the field of law or legal practice.

Suggest areas for further research:

• Highlight any unanswered questions or areas of debate that may require future exploration.
• Propose avenues for future research or policy development related to your topic.

Conclude with a compelling closing statement:

• Leave the reader with a thought-provoking final remark that leaves a lasting impression.
• Use a concise and powerful statement to tie together your essay and reinforce your main message.

Ensure that your conclusion is concise, focused, and aligned with your overall argument. It should serve as a strong ending to your law essay, leaving the reader with a clear understanding of your position and the importance of the topic discussed.

Use Legal Terms Accurately

In the realm of writing law essays, the accurate and precise use of legal terms is paramount. This subheading focuses on the importance of correctly employing legal terminology in order to craft an exceptional law essay.

Mastering legal terminology is essential for two reasons. Firstly, it demonstrates an understanding and grasp of the subject matter, showcasing your expertise to both professors and potential employers. Secondly, using legal terms accurately enhances the clarity and coherence of your arguments, making your essay more persuasive and compelling. However, it is crucial to strike a balance – overusing legal jargon may alienate readers who are not well-versed in the law.

To ensure accuracy, it is imperative to consult reliable legal sources such as authoritative textbooks, journals, or statutes. Moreover, reading and analyzing sample essays or exemplary legal writing can provide guidance on how to effectively incorporate legal terms into your own work. By diligently honing your legal language skills, you will significantly elevate the quality and impact of your law essays.

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Support NYU Law

• Writing a Student Note
• Writing Process

The Writing Process

Typical outline of a note.

• Introduction : The Introduction should include a description of the problem, a thesis statement, and a roadmap of the argument to follow.
• Part I : This section should be used to set forth the background information on which the later analysis in your Note will depend. It should be a general and broad review of the important issues relevant to your topic that educates your readers about everything they must know in order to understand your Note. When writing this section, be sure to use language that a reader who is not familiar with your Note topic can easily understand.
• Part II : This section should examine the major cases and statutes that your Note will be analyzing. It will contain the main portion of your analysis of how the law stands. For example, if your topic focuses on a circuit split, Part II is where you would explain the conflicting holdings and rationales. You may also choose to discuss what other commentators have said about your topic and these cases.
• Part III : This section is where you will contribute your own analysis of and views on the topic. You will say why you feel the cases/commentary you analyzed are wrong and what should be done instead. In the case of a circuit split, say which side is better and why. Part III is where you should place your original thoughts and contributions, along with the conclusion of your Note.
• Conclusion : The Conclusion should briefly restate what you have already said. You should not focus too much on this section when preparing this Prospectus.

Tips on Legal Writing—Patrick Garlinger ’09

While some may have a greater facility for language than others, there is nothing natural about good writing. It comes from practice—and from rewriting.

Advice on writing is easily dispensed but difficult to follow. This is largely because writing requires enormous discipline. The following are six basic principles that provide a structure for the writing process. They are not specific to academic writing or to legal writing in particular but may be especially helpful in a law school environment where time to write is a precious commodity. Over the years these guidelines have given me the discipline to start and finish, among other academic texts, a student Note.

Writing is like a muscle: Exercise it regularly.

For most students, the Note is the first experience with publishable academic writing. In college, all-nighters might produce passable term papers, but that approach certainly won’t do here. Nor will exam writing really prepare you for legal academic writing. Instead, good academic writing requires regular practice. Law school does little to assist here, since all too often the periods for working on one’s Note are isolated and scattered due to the time constraints imposed by classes, journal work, clinics, and extra-curricular activities. You may pursue a Directed Research as a way to carve out a block of time dedicated to the note or, alternately, write your note to fulfill the writing requirement of a seminar. Winter break is also a great time to make substantial progress on a first draft. Either way, you should try to work steadily on the Note so as to avoid losing momentum and focus.

Good writing does not come naturally: Read good writers.

While some may have a greater facility for language than others, there is nothing natural about good writing. It comes from practice—and from rewriting. To practice without models of good writing is, however, pointless. You must read other legal writers carefully, for both their analysis and their style. As a starting point, find a few sources that inspire your intellectual juices and, over time, keep adding to the list. Read and analyze how those writers introduce their topic and communicate their thesis. Look carefully at the architecture of their argument, their lexicon and sentence structure. In short, read them as both legal scholars and writers. Emulate (but do not copy, of course). Additionally, you may benefit from style guides that provide specific guidelines for legal writing (e.g., Bryan Garner’s Legal Writing in Plain English ). Avoid legalese. A student note should not read like a law school exam or a brief.

Know your thesis: Say it in a single sentence.

One of the most difficult tasks facing a student writer is finding a topic and narrowing the thesis. The student Note is rather short—and because you need to provide background information for your generalist readers, there is little room for sweeping analysis. As such, you should target a very discrete issue. Yet, in my experience, articulating, not finding, the topic is the most difficult task facing a student writer.

You should be able to state your thesis in one or two sentences at most. Anything longer suggests that the topic too unwieldy for a student note or, more probably, that the writer still has not fully understood the nature of the project. Pith not protraction should be your goal. If you can state your thesis in a single sentence, that clarity and concision will guide you throughout the rest of the writing process, helping to avoid unfortunate meanderings or excess material that is not essential to the argument. Simply put, if you cannot summarize your note in one or two sentences, you don’t have a thesis.

Know your writing mode: Respect your rhythm.

Everyone has a writing mode—when you are most inclined to write and how you go about composing. Some of us are “whittlers.” We write and write and write. Later, we will edit and “whittle” away the excess. We refine our ideas in the process of writing, often repeating the same thoughts in multiple guises until we hit on just the right formulation. Others are “refiners” who write just a few sentences or a paragraph and then revise and polish it to perfection before moving on. Similarly, you may have a natural rhythm when it comes to the time of day when your writing seems to flow most easily. A friend of mine prefers to write in the mornings before she has any tea or coffee, using what I call the “carrot” method of motivation.

Respect your writing style; recognizing how you work is important to maximizing it. It may prove futile to try to write against your natural rhythm. If I try to refine as I write, or if I write in the middle of the afternoon, I find myself producing very little.

Everyone suffers from writer’s block: Switch gears or put it down and rest.

Even when you know your writing mode, writing can be a difficult process; your energy comes in fits and spurts, your love for your topic waxes and wanes. When you hit a road block, change it up. Sometimes very simple changes can give you a boost. When I find myself struggling, I switch fonts, or change the spacing from single to double. Often the effect is just to defamiliarize the text, so you see it differently. If writer’s block still persists and the words elude you, take a break. Sometimes a day or two can make a difference in how the argument reads to you—the logical leaps, grammatical errors or infelicitous word choices will leap off the page.

There is a danger, though, in always caving at the first resistance to writing. Writing is hard work. It requires endurance and persistence. Force yourself to try to write for at least 10-15 minutes. A mentor was fond of saying, “Screw your a-- to the chair and don’t get up.” Like exercise, sometimes the thought of writing is more painful than the actual practice, and once you start, you find it comes more easily than anticipated.

Never fall in love with your own writing: Edit with a vengeance.

This piece of advice is owed to a former mentor who repeated it as a mantra. Whether you are a whittler, a refiner, or somewhere in between, we often fall in love with our own prose, unable to let go of a snappy sentence or an ingenious turn of phrase. Editing is the key to good writing, however, and you cannot be afraid to leave material on the cutting room floor.

Place yourself in the reader’s position and ask yourself if the sentence/paragraph/section is really essential. Because we often think we know what our words mean, we fail to realize that our readers may not find our thoughts to be so crystalline. Defamiliarize your own writing by putting the text away or it may be helpful to print out and proofread in hard copy; words will look different on the page than on the computer screen. Finally, avoid the fetish of the footnote as the last refuge for material that should be cut. It is cliché but true that less is often more.

Additional Resources

• Writing Workshop Video : A September 2008 presentation by Vice Dean Barry Friedman, Professor Florencia Marotta-Wurgler, Patrick Garlinger, ’09, and Ilana Harmati, ’10, on student legal writing.
• Eugene Volokh, Academic Legal Writing: Law Review Articles, Student Notes, and Seminar Papers (2003)
• The Bluebook : the guide to legal citation to use in writing and editing legal scholarship.

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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.

Start Writing Like A Lawyer

Read our legal writing tips now

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: Full Guide

Table of Contents

Introduction to Law Essays

What is a law essay.

A law essay is a scholarly piece of writing which presents a legal analysis, argument, or discussion on a particular legal issue or topic. It requires a student or legal professional to present a well-reasoned argument based on legal principles and evidence.

Importance of Clarity, Structure, and Argumentation

Clarity and structure are paramount in a law essay as they facilitate the reader’s understanding. Argumentation is the vehicle through which the writer conveys their analysis, employing logic and legal reasoning to persuade the reader of their viewpoint.

Understanding the Question

Breaking down the essay question.

• Read Carefully : Understand what the question asks of you.
• Highlight Key Terms : Identify action words and legal concepts.
• Clarify Uncertainties : If any part of the question is unclear, seek clarification.

Identifying Key Terms and Issues

• Definition of Terms : Define legal terms to set the parameters of your essay.
• Issues to Address : Distinguish the main issues that will form the crux of your argument.

Research Techniques

Primary vs. secondary sources of law.

• Primary Sources : These are texts of law themselves, such as statutes, cases, regulations.
• Secondary Sources : These include academic articles, textbooks, and legal commentaries that provide analysis of primary sources.

Utilizing Law Libraries and Online Databases Effectively

• Law Libraries : Offer comprehensive access to physical and digital legal resources.
• Online Databases : Platforms like Westlaw or LexisNexis provide extensive legal databases for research.

Structuring the Essay

The significance of a clear introduction, body, and conclusion.

• Introduction : Outlines the issue, states the thesis, and describes the structure of the essay.
• Body : Presents arguments in a logical sequence, each supported by evidence and analysis.
• Conclusion : Summarizes the main points and restates the thesis in light of the arguments presented.

How to Outline Arguments Logically and Coherently

• Point, Evidence, Explanation : For each argument, state your point, back it with evidence, and explain its relevance.
• Logical Flow : Ensure each argument naturally leads to the next.
• Coherence : Make sure all parts of the essay work together to support the thesis.

Legal Argumentation

Developing arguments and counter-arguments.

• Constructing Your Argument : Develop a clear, concise thesis statement and support it with legal reasoning and evidence.
• Anticipating Counter-Arguments : Identify potential opposing views and prepare rebuttals to strengthen your position.
• Using Precedent : Analyze case law to support your argument, showing how past decisions apply to your issue.
• Statutory Interpretation : Use the rules of interpretation to argue how legislation should be applied to your case.

Referencing and Citations

Proper use of a legal citation guide.

• Choosing a Citation Style : Adhere to the prescribed citation style, such as OSCOLA or Bluebook.
• Consistency : Be consistent in formatting all your citations according to the chosen guide.

Avoiding Plagiarism and Paraphrasing

• Originality : Always credit original authors for their ideas.
• Paraphrasing : Learn to paraphrase legal concepts accurately without changing their meaning.

Writing Style and Language

Appropriate language for legal writing.

• Formality : Use a formal tone that reflects the seriousness of the subject matter.
• Precision : Choose words that convey your meaning precisely.

Clarity in Argumentation

• Avoiding Legalese : Use plain language where possible to make your writing accessible.
• Simplicity : Complex ideas should be broken down into simple, understandable statements.

Editing and Proofreading

Techniques for effective editing.

• Structure : Check that your essay has a clear introduction, body, and conclusion.
• Clarity : Remove any ambiguity and ensure your points are clear and concise.

Importance of Feedback

• Peer Review : Have peers or mentors review your work to gain different perspectives.
• Incorporate Feedback : Use constructive criticism to refine and strengthen your essay.

Summarizing Arguments

• Restate Key Points : Briefly summarize the main arguments of your essay.
• Conciseness : Keep your conclusion short and to the point, avoiding the introduction of new information.

Reiterating the Response to the Essay Question

• Answer the Question : Clearly state how your essay has addressed the central question.
• Closing Statement : End with a strong closing statement that encapsulates the essence of your argument.

In crafting your law essay, integrating these elements of legal argumentation, proper referencing, careful language choice, and diligent editing will contribute to a persuasive and scholarly piece of writing. Always remember to answer the essay question directly and fully, using a structured argument supported by legal sources and your own critical analysis.

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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 240,038 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.

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• ↑ 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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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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Law Essay Structure

A law essay typically follows a similar structure to other types of academic essays, with a few key differences that are specific to legal writing. The basic structure of a law essay typically includes the following components:

Introduction

The introduction should begin with a clear statement of the essay topic and its relevance. It should also provide background information on the issue and outline the key arguments that will be addressed in the essay. The introduction should end with a thesis statement, which is a clear and concise statement of the main argument of the essay.

Body Paragraphs

The body of the essay should be divided into several paragraphs, each focusing on a specific aspect of the argument. Each paragraph should begin with a clear topic sentence that relates to the thesis statement and should be supported by evidence and analysis. The evidence may come from legal cases, statutes, academic literature, or other relevant sources. The analysis should explain how the evidence supports the argument and address any potential counterarguments. It is important to use transitional phrases to link the paragraphs and create a cohesive argument.

The conclusion should summarise the main points of the essay and restate the thesis statement in a way that reinforces the argument. You should not introduce any new arguments or evidence. The closing statement of your conclusion should refer back to your thesis statement and whether this has been proved or disproved.

In addition to these three main parts, a law essay may also include a bibliography and footnotes, which list all the sources cited in the essay. It is important to use a proper referencing style such as OSCOLA to avoid plagiarism.

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'Don't just vomit on the page': how to write a legal essay

Law lecturer Steven Vaughan explains why the best essays take discipline, editing, and teamwork

W hen Steven Vaughan, a senior law lecturer at University College London, asked students to mark a previous fresher’s work , their feedback was brutal. It just about scraped a 2:2. The students were therefore shocked to discover this “really bad essay” was written by Vaughan himself during his time as an Oxford undergrad. The reassuring point Vaughan was trying to make, of course, is that students shouldn’t worry if they are not turning in perfect essays from day one. Like any skill, essay writing requires practice. Here, Vaughan offers his advice:

MJ: How do law essays differ from other subjects?

SV: All essays are about communicating a message to a particular sort of audience, so we are looking for structure, logic, and narrative. It’s the law that makes the difference, though. New students often haven’t studied law before and are not aware of its nuance. Writing a law essay is about digging deep to uncover uncertainty and complexity within the law, and to use this to argue a position.

Students always ask, ‘What should our essays look like?’ I tell them they should be writing like the academic articles we give them to read. Obviously that’s a difficult ask on day one, but those should be a guide.

What are the most common mistakes students make when writing law essays?

There are three common mistakes. The first is students not answering the question we set. This happens for lots of different reasons – either because students are stressed and they misread it, or they don’t understand it. But whatever you do, don’t just vomit on the page. You need to think about what exactly we are asking.

Secondly, don’t write your essay like a murder mystery. I often find I don’t know where an essay is going or what the conclusion is going to be until I get to the very end. The most common thing I write in capital letters is, ‘What’s your argument? What are you saying?’

The third common mistake is an argument lacking authority. Students will often put forward propositions that are intelligent and well reasoned but don’t connect back to the law. What’s the bit of statute, case law or legal academic that you are using to evidence the claim that you are making?

What’s the best way to start a law essay?

Often introductions are long and rambling. If you can set the right tone at the beginning, it makes all the difference. I tell my students to do three things in their introductions. First, give it a context: frame the issue for the reader and for the question. Then set out your argument. And then do some signposting: tell me what is going to happen over the next three paragraphs or the next three pages.

What’s the best way to approach research?

Students don’t ask us enough for guidance on how to direct their reading. The reading list is almost always split into two parts – the required reading section and the further reading section. The required reading is stuff we just expect you to know, it’s a given. Additional reading is for when you have time, these are things you should explore.

Law students always complain about how much work they have to do. But what they don’t do is form study groups to help each other prep. One of my first-year messages is that law isn’t The Hunger Games. There is no reason why you can’t all do well. So why don’t you share the reading between you?

What really impresses me is when students divvy up the additional reading, when students create Facebook or WhatsApp groups and share knowledge among themselves.

How do you best manage your time?

My advice is always do as I say, not as I did. I was a student who was awake all night, cramming for exams and finishing my essay at 6am for a tutorial at 9am. The better advice is to try and treat your law degree like a job. So think about working 8-4 or 9-5. You shouldn’t be working in the early hours of the morning or at the weekend. That requires quite a bit of discipline. Have a timetable that you stick to.

When you think you have finished a piece, physically walk away from it, get some fresh air, go to the gym – whatever it is you do. It’s only when you come back to it later that you will notice all the imperfections and mistakes.

You have also got to build in time for getting feedback from other people, whether it’s friends, family or other law students. Give it to someone who is going to be brutally honest.

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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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How to write the “why berkeley law” essay with examples.

Reviewed by:

David Merson

Former Head of Pre-Law Office, Northeastern University, & Admissions Officer, Brown University

Reviewed: 12/20/23

Getting ready to write your "Why Berkeley Law?" essay? In this blog, we'll offer tips and examples to help you write a standout essay.

When applying to Berkeley Law , one of the most crucial components of your application is the optional essay. This essay provides you with an opportunity to express your genuine interest in the school and explain why you are a perfect fit. 

In this comprehensive guide, we will delve into strategies for crafting an effective "Why Berkeley Law?" essay, explore examples of successful essays, and address frequently asked questions.

Writing the "Why Berkeley Law?" Essay

If you’re applying to Berkeley’s Public Interest Scholars Program , you'll find an optional essay prompt that gives you up to 350 words to answer the following question:

“Tell us more about your interest in Berkeley Law. What makes our school a good fit for you in terms of academic interests, programmatic offerings, and learning environment?” 

Let's explore how you can effectively respond to it. 

Discover What Sets Berkeley Law Apart

Berkeley Law has a rich history and a lot to offer prospective students. When tackling this extra essay, be sure to explore the school's traditions, the variety of programs it offers, and the unique qualities that align with your academic goals. 

Reflect on Academic Goals

Now, take a moment to think about your academic goals, including what you want to achieve in the short term and the long term. Think about the specific academic interests that have drawn you to Berkeley Law. Explore how the school's academic offerings can help you reach these goals.

Are there specific courses, areas of study, or research chances that align with your interests? Make sure to express these connections clearly in your essay to demonstrate how well your academic aspirations match with Berkeley Law.

Forge a Regional Connection

The Bay Area is a thriving legal hub, but breaking into it can be challenging without prior connections. If your goal is to practice law in California , don't hesitate to mention it in your essay. Take it a step further by aligning yourself with a specific Bay Area population or legal specialization, such as tech law.

Embrace Diversity and Activism

Berkeley prides itself on its diversity and rich tradition of activism, like the historic Free Speech Movement. Incorporate this culture into your essay to show your appreciation for a vibrant and inclusive campus if you want to stand out. 

Though this isn’t necessarily a diversity essay , it is a good idea to highlight any personal experiences or values that demonstrate your commitment to diversity and social justice. Whether it's through your own background, extracurricular activities, or future aspirations, make it clear that you'll actively contribute to and benefit from Berkeley's diverse community.

Highlight Leadership and Initiative

Berkeley values students who take the lead and make a positive impact. Share examples of your leadership roles, whether in school, work, or community organizations. Highlight instances where you took the initiative to solve problems or create positive change. Demonstrating your potential to contribute actively to the Berkeley community will strengthen your essay.

Connect Your Past Experiences to Future Goals

Your essay should tell a story of your academic and personal journey, culminating in your desire to attend Berkeley. Explain how your past experiences have shaped your ambitions and why Berkeley is the ideal place to continue your growth. Discuss specific resources or opportunities that will help you achieve your long-term goals.

Be Authentic and Reflective

Lastly, be yourself in your essay. Berkeley is looking for authentic individuals who can contribute to their diverse and intellectually vibrant community. 

Share your true passions, values, and aspirations. Reflect on your experiences and insights, and don't be afraid to acknowledge the challenges or setbacks you've faced. A genuine, thoughtful essay will make a lasting impression.

Structuring Your "Why Berkeley Law?" Essay

To effectively write the essay prompt, make sure to follow a structured approach:

Introduction (Approx. 50-75 words)

• Start by introducing yourself and your intention to join Berkeley Law.
• Mention your passion for public interest law and why you are excited to apply.

Academic Interests (Approx. 75-100 words)

• Talk about your academic interests and how they align with Berkeley Law's offerings.
• Highlight specific courses or professors that pique your interest.

Programmatic Offerings (Approx. 75-100 words)

• Explain why the Public Interest Scholars Program stands out to you.
• Discuss how the program's features, like mentorship or clinics, will benefit your career goals.

Learning Environment (Approx. 75-100 words)

• Describe what you admire about Berkeley Law's learning environment.
• Mention the diverse community and the emphasis on activism, and explain why these aspects resonate with you.

Conclusion (Approx. 25-50 words)

• Summarize your main points and reiterate your enthusiasm for Berkeley Law.
• Express your eagerness to contribute to the Berkeley Law community and make a difference in public interest law.

This approach will help you effectively convey your genuine interest in Berkeley Law's Public Interest Scholars Program within the 350-word limit.

Mistakes to Avoid in Your “Why Berkeley Law” Essay

As you work on your essay, it's crucial to steer clear of common mistakes that could hinder your application's impact.

• Generic Responses : Avoid generic statements that could apply to any law school. Your essay should be tailored to Berkeley Law specifically.
• Lack of Specifics : Provide concrete examples and specifics about Berkeley Law and how they relate to your goals.
• Negativity : Refrain from negative comments about other law schools or institutions.
• Ignoring the Word Limit : Stick to the specified word limit. Admissions committees appreciate applicants who can communicate concisely.

Examples of Successful “Why Berkeley Law” Essay

In this next part, let's dive into “Why Berkeley?” law essay examples that really hit the mark, demonstrating the applicants' genuine alignment with the school's ethos, academic programs, and dedication to public interest law.

Example Essay #1

“As an aspiring public interest attorney, Berkeley Law's commitment to social justice and its extensive programmatic offerings make it the ideal institution for me. From my research, it's clear that Berkeley Law's values align perfectly with my passion for advocating for marginalized communities. The Public Interest Scholars Program, in particular, stands out as an opportunity to further my commitment to public service.

Berkeley Law's wide array of clinics and centers, such as the Policy Advocacy Clinic and the International Human Rights Law Clinic, strongly resonates with my academic interests. These hands-on experiences will allow me to apply legal theory to real-world situations, honing my skills while making a meaningful impact on the lives of those in need. Additionally, the Pro Bono Program's emphasis on community service deeply aligns with my commitment to giving back.

The vibrant and inclusive learning environment at Berkeley Law is another compelling reason for my interest. The diverse student body and faculty create a dynamic atmosphere where I can learn from different perspectives and foster a global understanding of legal issues. The Berkeley Law community's dedication to activism and the Free Speech Movement is particularly appealing, as it mirrors my own desire to be a catalyst for change and contribute to a more just society.

‍ In my pursuit of a legal career focused on public interest, Berkeley Law's dedication to fostering social justice and providing extensive resources for students aligns perfectly with my aspirations. I am eager to engage with the Berkeley Law community, contribute to its legacy of activism, and take full advantage of the opportunities it offers to develop into an effective public interest attorney.”

Why This Essay Was Successful

This essay succeeded because it showed that the applicant's goals match what Berkeley Law offers. They clearly expressed their passion for public interest law and mentioned specific programs and opportunities at the school that interested them. 

They also talked about how Berkeley Law's diverse community and commitment to activism aligned with their values. Overall, the essay made a strong case for why the applicant would be a good fit for Berkeley Law.

Example Essay #2

“Berkeley Law is the epitome of my academic and professional aspirations as a future public interest attorney. Its exceptional academic offerings, programmatic diversity, and commitment to social justice have convinced me that this is where I belong.

My academic interests lie in environmental justice and sustainable development. Berkeley Law's esteemed Environmental Law Program, renowned for its interdisciplinary approach and impactful research, perfectly aligns with my goals. I am eager to engage with faculty members such as Professor [Faculty Name], whose work on environmental justice has been a constant source of inspiration for me.

Furthermore, the Public Interest Scholars Program is the embodiment of my career aspirations. It offers unparalleled resources and mentorship opportunities that will not only help me refine my legal skills but also empower me to make a meaningful difference in disadvantaged communities. The program's emphasis on experiential learning through clinics and community engagement resonates deeply with my commitment to public service.

The Berkeley Law community's dedication to diversity and activism is also a significant draw for me. Having been an advocate for social justice throughout my undergraduate years, I am excited about the prospect of contributing to Berkeley's legacy of activism and making a positive impact on pressing societal issues.

In conclusion, Berkeley Law's academic excellence, programmatic offerings, and unwavering commitment to social justice make it the perfect fit for my academic and career goals. I am enthusiastic about the prospect of joining the Berkeley Law community, where I can harness my passion for public interest law to effect change and promote justice for marginalized communities.”

This essay succeeds because it shows a strong match between the applicant's goals and Berkeley Law. They clearly express their interest in environmental justice and sustainable development and explain how Berkeley Law's programs align with these goals. 

The essay also mentions a specific faculty member who inspires them, demonstrating their genuine interest in the school. Additionally, the writer emphasizes their commitment to hands-on learning and public service, which fits well with Berkeley Law's offerings. 

Finally, they express their excitement about contributing to the school's diversity and activism, making a strong case for why they are a good fit for Berkeley Law.

Navigating the application process for Berkeley Law can be complex, but our FAQ section is here to provide you with clear and concise answers to your most pressing questions.

1. What Makes Berkeley Law School Unique?

Berkeley Law stands out for its commitment to academic excellence, social justice, and innovation. It offers a diverse range of courses, renowned faculty, and numerous clinics and centers focused on various legal fields.

2. What Is the Mission Statement of Berkeley Law?

Berkeley Law's mission is to educate leaders who will contribute to the development of law and society. They aim to promote diversity, inclusion, and equity while fostering a supportive and collaborative community.

3. What Is the Optional Essay for Berkeley Law?

Berkeley Law provides an optional essay prompt that allows applicants to address any aspects of their application they wish to clarify or expand upon. While it's not required, it can be a valuable opportunity to provide context if needed.

Writing the "Why Berkeley Law?" essay requires thoughtful reflection and a deep understanding of what makes Berkeley Law unique. By following the strategies outlined in this guide and studying successful examples, you can craft an essay that not only impresses the admissions committee but also conveys your genuine enthusiasm for joining the Berkeley Law community. 

Remember to be specific, passionate, and authentic in your writing, and best of luck with your application!

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122 Yale L.J. 2282 (2013). For the past fifty years, immigration law has resisted integration of Gideon v. Wainwright ’s legacy of appointed counsel for the poor. Today, however, this resistance has given way to Gideon ’s migration. At the level of everyday practice, criminal defense attorneys appointe…

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122 Yale L.J. 2316 (2013). As we mark the fiftieth anniversary of the Gideon v. Wainwright decision, the nearly universal assessment is that our indigent defense system remains too under-resourced and overwhelmed to fulfill the promise of the landmark decision, and needs to be reformed. At the same t…

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122 Yale L.J. 2358 (2013). In this Essay, we explore Gideon ’s impact in our community, El Paso, Texas, which has the will to try to meet Gideon ’s challenge, but lacks the resources to deliver fully Gideon ’s promise. We look at the origins of our community’s indigent defense reform and examine our off…

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122 Yale L.J. 2376 (2013). This Essay investigates the legacy of Gideon by examining the de facto courts of last resort for convicted offenders: the federal courts of appeals. Part I focuses on the U.S. courts of appeals’ judges and caseloads, revealing that very few federal appellate judges have pri…

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122 Yale L.J. 2394 (2013). In evaluating the legacy of Gideon v. Wainwright , it is critical to remember that the Supreme Court’s decision rested on the Sixth Amendment right to counsel for the accused in criminal cases. American law sharply demarcates between the many rights available to criminal def…

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122 Yale L.J. 2416 (2013). The right to counsel maintains an uneasy relationship with the demands of trials for war crimes. Drawing on the author’s personal experiences from defending a Guantánamo detainee, the Author explains how Gideon set a baseline for the right to counsel at Guantánamo. Whether …

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122 Yale L.J. 2428 (2013). This Essay argues that the Court’s effort to expand habeas review of ineffective assistance of counsel claims in Martinez v. Ryan will make little difference in either the enforcement of the right to the effective assistance of counsel or the provision of competent represen…

Gideon’s Law-Protective Function

122 Yale L.J. 2460 (2013). Gideon v. Wainwright dramatically affects the rights of indigent defendants by entitling them to representation. But Gideon has another systemic consequence as well. In addition to protecting the rights of individual defendants in particular trials, Gideon also protects the…

Gideon’s Shadow

122 Yale L.J. 2482 (2013). The right to counsel is regarded as a right without peer, even in a field of litigation saturated with constitutional protections. But from this elevated, elite-right status, the right to counsel casts a shadow over the other, less prominent criminal procedure rights. Elabo…

Gideon at Guantánamo: Democratic and Despotic Detention

122 Yale L.J. 2504 (2013). One measure of Gideon v. Wainwright is that it made the U.S. government’s efforts to isolate 9/11 detainees from all outsiders at Guantánamo Bay conceptually and legally unsustainable. Gideon , along with Miranda v. Arizona , is part of a democratic narrative shaped over dec…

Fear of Adversariness: Using Gideon To Restrict Defendants’ Invocation of Adversary Procedures

122 Yale L.J. 2550 (2013). Fifty years ago Gideon promised that an attorney would vindicate the constitutional rights of any accused too poor to afford an attorney. But Gideon also promised more. Writ small, Gideon promised to protect individual defendants; writ large, Gideon promised to protect our …

Federal Public Defense in an Age of Inquisition

122 Yale L.J. 2578 (2013). This Essay asks whether federal criminal defendants receive fairer process today than they did in 1963, when Gideon v. Wainwright was decided. It concludes that in many situations they do not; indeed, they often receive far worse. Although Gideon and the Criminal Justice Ac…

Effective Trial Counsel After Martinez v. Ryan: Focusing on the Adequacy of State Procedures

122 Yale L.J. 2604 (2013). Everyone knows that excessive caseloads, poor funding, and a lack of training plague indigent defense delivery systems throughout the states, such that the promise of Gideon v. Wainwright is largely unfulfilled. Commentators have disagreed about how best to breathe life int…

Implicit Racial Bias in Public Defender Triage

122 Yale L.J. 2626 (2013). Despite the promise of Gideon , providing “the guiding hand of counsel” to indigent defendants remains unmanageable, largely because the nation’s public defender offices are overworked and underfunded. Faced with overwhelming caseloads and inadequate resources, public defend…

Effective Plea Bargaining Counsel

122 Yale L.J. 2650 (2013). Fifty years ago, Clarence Earl Gideon needed an effective trial attorney. The Supreme Court agreed with Gideon that the Sixth Amendment guaranteed him the right to counsel at trial. Recently, Galin Frye and Anthony Cooper also needed effective representation. These two men,…

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122 Yale L.J. 1900 (2013). In IP scholarship, patents are commonly understood as more efficient than other approaches to innovation policy. Their primary ostensible advantage is allocative: as a form of property rights, patents act as a conduit between market signals and potential innovators, ostensi…

Spite and Extortion: A Jurisdictional Principle of Abuse of Property Right

122 Yale L.J. 1444 (2013). This Essay puts forward the conceptual and normative underpinnings of a principle of abuse of property right. Owners abuse their right, I argue, when their decisions about a thing are designed just to produce harm. This is so whether that harm is an end in itself (spite) or…

Reconceptualizing the Burden of Proof

122 Yale L.J. 1254 (2013). The preponderance standard is conventionally described as an absolute probability threshold of 0.5. This Essay argues that this absolute characterization of the burden of proof is wrong. Rather than focusing on an absolute threshold, the Essay reconceptualizes the preponder…

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122 Yale L.J. 940 (2013). It is generally assumed that the Constitution requires the Senate to vote to confirm the President’s nominees to principal federal offices. This Essay argues, to the contrary, that when the President nominates an individual to a principal executive branch position, the Senat…

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122 Yale L.J. 690 (2012). Legal rules severely restrict payments to fact witnesses, though the government can often offer plea bargains or other nonmonetary inducements to encourage testimony. This asymmetry is something of a puzzle, for most asymmetries in criminal law favor the defendant. The asymm…

Contra Nemo Iudex in Sua Causa: The Limits of Impartiality

122 Yale L.J. 384 (2012).

Regularly invoked by the Supreme Court in diverse contexts, the maxim nemo iudex in sua causa —no man should be judge in his own case—is widely thought to capture a bedrock principle of natural justice and constitutionalism. I will argue that the nemo iudex principle is a m…

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122 Yale L.J. 422 (2012). Courts can decide only a small fraction of constitutional issues generated by the American government. This is widely acknowledged. But why do courts have such limited capacity? And how does this limitation affect the substance of constitutional law? This Essay advances a tw…

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122 Yale L.J. 154 (2012). One in five indigent murder defendants in Philadelphia is randomly assigned representation by public defenders while the remainder receive court-appointed private attorneys. We exploit this random assignment to measure how defense counsel affect murder case outcomes. Compare…

One in five indigent murder defendants in Philadelphia is randomly assigned representation by public defenders while the remainder receive court-appointed private attorneys. We exploit this random assignment to measure how defense counsel affect murder case outcomes. Comp…

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121 Yale L.J. 2216 (2012) . The potential complementarities between antitrust and consumer protection law—collectively, “consumer law”—are well known. The rise of the newly established Consumer Financial Protection Bureau (CFPB) portends a deep rift in the intellectual infrastructure of consumer law …

Due Process as Separation of Powers

121 Yale L.J. 1672 (2012) . From its conceptual origin in Magna Charta, due process of law has required that government can deprive persons of rights only pursuant to a coordinated effort of separate institutions that make, execute, and adjudicate claims under the law. Originalist debates about whether t…

Income Tax Discrimination: Still Stuck in the Labyrinth of Impossibility

121 Yale L.J. 1118 (2012).

In previous articles, we have argued that the European Court of Justice’s reliance on nondiscrimination as the basis for its decisions did not (and could not) satisfy commonly accepted tax policy norms, such as fairness, administrability, economic efficiency, production o…

Intrastatutory Federalism and Statutory Interpretation: State Implementation of Federal Law in Health Reform and Beyond

121 Yale L.J. 534 (2011).

State implementation of federal law is commonplace, but has been largely ignored by the interpretive doctrines of legislation and administrative law.  We have no Chevron , federalism canon, or anything else for state implementation, nor any doctrines that ask how Congress’s…

The Principle of Misalignment: Duty, Damages, and the Nature of Tort Liability

121 Yale L.J. 142 (2011). When a tort rule is fully aligned, harms are valued equally across the elements. Because the valuation of harm within duty equals the valuation within the damages remedy, a fully aligned rule gives dutyholders the option to fully comply with the duty with respect to any harm by…

Justifications, Power, and Authority

117 Yale L.J. 1070 (2008).

Criminal law theory made a significant advance roughly thirty years ago when George Fletcher popularized the important conceptual distinction between justifications and excuses. In the intervening years, however, very little progress has been made in exploring the structu…

Irreparable Benefits

116 Yale L.J. 1284 (2007)

The conventional approach to preliminary relief focuses on irreparable harm but entirely neglects irreparable benefits. That is hard to understand. Errant irreversible harms are important because they distort incentives and have lasting distributional consequences. But the…

The Efficient Performance Hypothesis

116 Yale L.J. 568 (2006) Notable American jurists and scholars have advanced an approach to contract enforcement that would render breach legally and morally uncontestable, assuming compensation follows. Much of the justification for this endeavor has rested upon claims of judicial and economic effic…

Executive Branch Usurpation of Power: Corporations and Capital Markets

115 Yale L.J. 2416 (2006) Agencies in the executive branch are better situated than other political institutions to take advantage of opportunities to expand their power base by responding quickly and decisively to real or imagined crises. The executive has structural advantages over the other branch…

Beyond Marbury: The Executive's Power To Say What the Law Is

115 Yale L.J. 2580 (2006) Under Marbury v. Madison , it is "emphatically the province and duty of the judicial department to say what the law is." But in the last quarter-century, the Supreme Court has legitimated the executive's power of interpretation, above all in Chevron, U.S.A., Inc. v. Natural R…

Can Strong Mayors Empower Weak Cities? On the Power of Local Executives in a Federal System

This Essay considers the historic weakness of the American mayoralty and recent reform efforts designed to strengthen it. I argue that the strong mayoralty is a potential instrument for democratic self-government to the extent that it is able to amass power on behalf of the city.

Rational War and Constitutional Design

115 Yale L.J. 2512 (2006) Contemporary accounts of the allocation of war powers authority often focus on textual or historical debates as to whether the President or Congress holds the power to initiate military hostilities. In this Essay, we move beyond such debates and instead pursue a comparative …

Break Up the Presidency? Governors, State Attorneys General, and Lessons from the Divided Executive

115 Yale L.J. 2446 (2006) Proponents of the unitary executive have contended that its adoption by the framers "swept plural executive forms into the ash bin of history." Virtually every state government, however, has a divided executive in which executive power is apportioned among different executiv…

Gubernatorial Foreign Policy

115 Yale L.J. 2380 (2006) In a variety of circumstances, state governors exercise independent decision-making power over matters affecting the foreign policy of the United States. This Essay describes and defends this emerging system of gubernatorial foreign policy on both legal and functional ground…

Setting the World Right

115 Yale L.J. 2350 (2006) Five years after September 11, 2001, America's response to that traumatic day has effectively turned the world of American public law upside down. Claiming that a global war on terror calls for an entirely new legal paradigm, the Bush Administration and its supporters have p…

The President's Completion Power

115 Yale L.J. 2280 (2006) This Essay identifies and analyzes the President's completion power: the President's authority to prescribe incidental details needed to carry into execution a legislative scheme, even in the absence of congressional authorization to complete that scheme. The Essay shows tha…

Quasipublic Executives

115 Yale L.J. 2254 (2006) In this Essay, we first observe the rise of what we call "quasipublic executives": both "nominally private executives," that is, private executives in charge of public functions such as corrections, education, and national defense; and "nominally public executives," that is,…

Why (and When) Cities Have a Stake in Enforcing the Constitution

115 Yale L.J. 2218 (2006) This Essay examines independent constitutional interpretation from the bottom up. It focuses on San Francisco's recent challenge to the California ban against same-sex marriage and the judicial response it provoked in Lockyer v. City & County of San Francisco . The Essay argu…

Inherent Executive Power: A Comparative Perspective

115 Yale L.J. 2480 (2006) In light of recent debates regarding the scope and basis of inherent executive power, particularly with regard to foreign affairs and national security, this Essay examines different conceptions of executive power in five modern democracies. The Essay's study of British and …

Internal Separation of Powers: Checking Today's Most Dangerous Branch from Within

115 Yale L.J. 2314 (2006) The standard conception of separation of powers presumes three branches with equivalent ambitions of maximizing their powers. Today, however, legislative abdication is the reigning modus operandi. Instead of bemoaning this state of affairs, this Essay asks how separation of …

Absolute Priority, Valuation Uncertainty, and the Reorganization Bargain

115 Yale L.J. 1930 (2006) In a Chapter 11 reorganization, senior creditors can insist on being paid in full before anyone junior to them receives anything. In practice, however, departures from "absolute priority" treatment are commonplace. Explaining these deviations has been a central preoccupation…

Evolution and Chaos in Property Rights Systems: The Third World Tragedy of Contested Access

115 Yale L.J. 996 (2006) According to conventional law-and-economics theory, private property rights tend to evolve as resource values rise. This optimistic assessment fails to explain the development of open access in many Third World property systems. Indeed, while the evolution of property has bee…

Of Property and Federalism

115 Yale L.J. 72 (2005) This Essay proposes a mechanism for expanding competition in state property law, while sketching out the limitations necessary to protect third parties. The fact that property law is produced by the states creates a unique opportunity for experimentation with such property and…

Democratic Disobedience

114 Yale L.J. 1897 (2005) Traditional justifications for civil disobedience emphasize the limits of legitimate political authority and defend civil disobedience as a just response when governments overstep these limits. Such liberal justifications are well suited to certain classes of civil disobedie…

To Insure Prejudice: Racial Disparities in Taxicab Tipping

114 Yale L.J. 1613 (2005) Many studies have documented seller discrimination against consumers, but this Essay tests and finds that consumers discriminate based on the seller's race. The authors collected data on more than 1000 taxicab rides in New Haven, Connecticut in 2001. After controlling for a …

Copy This Essay: How Fair Use Doctrine Harms Free Speech and How Copying Serves It

114 Yale L.J. 535 (2004) Recent cases and scholarship have debated whether copyright law is consistent with the First Amendment. Much of the discussion has centered on copyright law's ability to suppress transformative, creative reuses of copyrighted works and on copyright's fair use doctrine as a m…

Sharing Nicely: On Shareable Goods and the Emergence of Sharing as a Modality of Economic Production

114 Yale L.J. 273 (2004) This Essay offers a framework to explain large-scale effective practices of sharing private, excludable goods. It starts with case studies of carpooling and distributed computing as motivating problems. It then suggests a definition for shareable goods as goods that are "lump…

Integrating Remorse and Apology into Criminal Procedure

114 Yale L.J. 85 (2004) Criminal procedure largely ignores remorse and apology or, at most, uses them as proxies for an individual defendant's badness. The field is preoccupied with procedural values such as efficiency, accuracy, and procedural fairness, to the exclusion of the criminal law's substan…

The Priority of Morality: The Emergency Constitution's Blind Spot

113 Yale L.J. 1753 (2004) INTRODUCTION In the wake of the terrorist attacks of September 11, Attorney General John Ashcroft announced a campaign of aggressive preventive detention. Invoking Robert Kennedy, the Attorney General announced that just as Kennedy would arrest a mobster for "spitting on the…

Editor's Note: The Constitution in Times of Emergency

113 Yale L.J. 1751 (2004) Earlier in this Volume of The Yale Law Journal, Professor Bruce Ackerman published his essay The Emergency Constitution, in which he advocated a new constitutional regime to confront the potential for recurring terrorist attacks among modern nations--and the United States in…

The Anti-Emergency Constitution

113 Yale L.J. 1801 (2004) INTRODUCTION The season for talk of leaving the Constitution behind, while we grit our teeth and do what must be done in times of grave peril--the season for talk of saving the Constitution from the distortions wrought by sheer necessity, while we save ourselves from the d…

Adverse Selection in Insurance Markets: An Exaggerated Threat

113 Yale L.J. 1223 (2004) The phrase "adverse selection" was originally coined by insurers to describe the process by which insureds utilize private knowledge of their own riskiness when deciding to buy or forgo insurance. If A knows he will die tomorrow (but his insurer does not), life insurance th…

The Emergency Constitution

113 Yale L.J. 1029 (2004) Terrorist attacks will be a recurring part of our future. The balance of technology has shifted, making it possible for a small band of zealots to wreak devastation where we least expect it--not on a plane next time, but with poison gas in the subway or a biotoxin in the wat…

Juries and Race in the Nineteenth Century

113 Yale L.J. 895 (2004) The Supreme Court's jurisprudence on criminal juries has overlooked an important piece of history. This is most notable in the context of its jury discrimination jurisprudence over the past twenty years. In Batson v. Kentucky, the Court held that the Equal Protection Clause p…

Bargaining in the Shadow of Takeover Defenses

113 Yale L.J. 621 (2003) For decades, practitioners and academic commentators who believe that target boards should have broad discretion to resist hostile takeover attempts have put forward the "bargaining power hypothesis" to support their view. This hypothesis states that a target with strong tak…

Insider Abstention

113 Yale L.J. 455 (2003) Scholars writing on insider trading have long believed that insiders can beat the market simply by using nonpublic information to decide when not to trade. Using a simple model, this Essay has shown that the conventional wisdom is wrong. Insiders prevented from trading while …

Minorities, Shareholder and Otherwise

113 Yale L.J. 119 (2003) "[M]en are described as I think they are," Adolf Berle writes of his work, "rather than as they think they are." He continues: "Some will be shocked. The businessman will find that he is a politician and a commissar--perhaps even a revolutionary one. The liberal finds himsel…

Digital Architecture as Crime Control

112 Yale L.J. 2261 (2003) The first generation of cyberlaw was about what regulates cyberspace. Led by Larry Lessig's path-breaking scholarship isolating architecture as a constraint on behavior online, a wide body of work has flourished. In a recent article, I took those insights and reverse-engine…

How Much Redistribution Should There Be?

112 Yale L.J. 2291 (2003) Egalitarianism ties people's fortunes together. It takes the good and bad things in people's lives--their blessings and their afflictions--and shares them out, or redistributes them, among their fellows. Where egalitarianism operates, each person's fortunes and misfortunes c…

Eldred and Lochner: Copyright Term Extensionand Intellectual Property as Constitutional Property

112 Yale L.J. 2331 (2003) As intellectual property has become increasingly important to the national economy, a consensus has emerged among academics that courts should scrutinize congressional legislation closely under the Constitution's Copyright Clause. This Essay has challenged the academic conse…

Common Law, Common Ground, and Jefferson's Principle

112 Yale L.J. 1717 (2003) Why do we care about the Framers of the Constitution? After all, they lived long ago, in a world that was different in countless ways from ours. Why does it matter what their views were, for any reasons other than purely historical ones? And if we don't care about the Framer…

The Secret History of Race in the United States

112 Yale L.J. 1473 (2003) In the beginning, there was a man named Looney. George Looney's world was Buchanan County, Virginia, a pocket of Appalachian hills and hollows that juts into Kentucky and West Virginia. In 1911, his place in this world was secure. Where lumber was the only industry in town, …

Economic Analysis of Contract Law After Three Decades: Success or Failure?

112 Yale L.J. 829 (2003) Modern economic analysis of contract law began about thirty years ago and, many scholars would agree, has become the dominant academic style of contract theory. Traditional doctrinal analysis exerts less influence than it did prior to 1970 and enjoys little prestige. Philosop…

Vigorous Race or Leisurely Walk: Reconsidering the Competition over Corporate Charters

112 Yale L.J. 553 (2002) Does American corporate law work effectively to enhance shareholder value? The recent corporate governance crisis makes this time as good as any for reexamining the basic structure of this body of law. This Essay provides such a reconsideration of a defining feature of U.S. c…

100 Million Unnecessary Returns: A Fresh Start for the U.S. Tax System

112 Yale L.J. 261 (2002) We are now in a quiet interlude awaiting the next serious political debate over the nation's tax system. No fundamental tax policy concerns were at stake in the 2002 disputes over economic stimulus or the political huffing and puffing about postponing or accelerating the inco…

Probability Neglect: Emotions, Worst Cases, and Law

112 Yale L.J. 61 (2002) In this Essay, my central claim has been that the probability of harm is often neglected when people's emotions are activated, especially if people are thinking about the worst-case scenario. If that scenario is vivid and easy to visualize, large-scale changes in thought and b…

Local Policing After the Terror

111 Yale L.J. 2137 (2002) Crime waves always carry with them calls for more law enforcement authority. What happened on September 11, 2001 was, among other things, a crime wave--because of that one day, the number of homicides in America in 2001 will be twenty percent higher than the year before. It…

Legislative Entrenchment: A Reappraisal

111 Yale L.J. 1665 (2002) There is a principle of constitutional law holding that "one legislature may not bind the legislative authority of its successors." The Supreme Court recently discussed that principle at length in United States v. Winstar, and although the case was decided on other grounds,…

Judicial Review, the Congressional Process, and the Federalism Cases: An Interdisciplinary Critique

111 Yale L.J. 1707 (2002) Following the lead of Alexander Bickel's The Least Dangerous Branch: The Supreme Court at the Bar of Politics, legal scholars have been obsessed with the countermajoritarian aspects of judicial review. Much of the literature is normative--how can the dilemma of judicial re…

Stopping Above-Cost Predatory Pricing

111 Yale L.J. 941 (2002) This Essay has refocused the predatory pricing debate on ex ante incentives--i.e., the incentives for entry and limit pricing before the predatory period--instead of the traditional focus of high prices after the predatory period. Ideally, a monopoly incumbent should price re…

Categorical Federalism: Jurisdiction, Gender, and the Globe

111 Yale L.J. 619 (2001) An absence of bounded categories may be unsettling but, in lieu of (false) comfort, multi-faceted federalism offers something else, hopefully more useful if less supportive. Under the rubric of multi-faceted federalism, the deployment of categories is accompanied by a sense t…

Veil of Ignorance Rules in Constitutional Law

111 Yale L.J. 399 (2001) A veil of ignorance rule (more briefly a "veil rule") is a rule that suppresses self-interested behavior on the part of decisionmakers; it does so by subjecting the decisionmakers to uncertainty about the distribution of benefits and burdens that will result from a decision. …

What Happened to Property in Law and Economics?

111 Yale L.J. 357 (2001) Property has fallen out of fashion. Although people are as concerned as ever with acquiring and defending their material possessions, in the academic world there is little interest in understanding property. To some extent, this indifference reflects a more general skepticism…

Drug Designs are Different

111 Yale L.J. 151 (2001) In an essay published in this Journal entitled Is There a Design Defect in the Restatement (Third) of Torts: Products Liability?, George Conk criticizes the American Law Institute and the Reporters of the new Restatement for immunizing prescription drug manufacturers from lia…

Bush v. Gore and the Boundary Between Law and Politics

110 Yale L.J. 1407 (2001) Shortly after the Supreme Court's 5-4 decision in Bush v. Gore, one member of the majority, Associate Justice Clarence Thomas, addressed a group of students in the Washington, D.C., area. He told them that he believed that the work of the Court was not in any way influenced…

Pennhurst, Chevron, and the Spending Power

110 Yale L.J. 1187 (2001) Narrowly construed, Pennhurst is a sensible (even if not necessary) process-based limitation on Congress's power to bind states to costly burdens. If read to mean that a state can never be bound by a grant condition when the statute itself does not unmistakably speak to a pa…

The Internet and the Dormant Commerce Clause

110 Yale L.J. 785 (2001)

Equal Protection by Law: Federal Antidiscrimination Legislation After Morrison and Kimel

110 Yale L.J. 441 (2000) Last Term, the Supreme Court sent ominous signals about the future of federal antidiscrimination law. The Court twice ruled that Congress lacked power under Section 5 of the Fourteenth Amendment to enact laws prohibiting discrimination. In Kimel v. Florida Board of Regents, …

Disaggregating Constitutional Torts

110 Yale L.J. 259 (2000) This Essay has attempted to clarify and reconceptualize constitutional tort law. Current doctrine severs remedies from rights and authorizes money damages on terms that apply indifferently to all constitutional violations. This remedial uniformity is faithful to the Monroe mo…

Deliberative Trouble? Why Groups Go to Extremes

110 Yale L.J. 71 (2000) In this Essay, I have discussed the phenomenon of group polarization and explored some of its implications for deliberation generally and deliberative democracy in particular. The central empirical finding is that group discussion is likely to shift judgments toward a more ext…

Announcing the YLJ Academic Summer Grants Program

Announcing the editors of volume 134, announcing the first-year editors of volume 133, featured content, lock them™ up: holding transnational corporate human-rights abusers accountable, administrative law at a turning point, law and movements: clinical perspectives.

Application Toolkit: Written Statements

On this webpage, you will find our advice and guidance for approaching the two written statements in the application.

Beginning with the application for Fall Term 2024 enrollment, we now require that all applicants submit a Statement of Purpose and a Statement of Perspective. Although it is no longer an application component, much of the advice we shared about the personal statement may still be useful to applicants as they develop their Written Statements. We have preserved that information on this toolkit for your reference.

Changes to the J.D. Application Components

Instructions

Every applicant must submit both a Statement of Purpose and a Statement of Perspective, responding to the prompts below. Each Statement must be one to two pages in length, using double-spacing, one-inch margins, and a font size that is comfortable to read (no smaller than 11 point). We expect every applicant to use at least one full page for each Statement.

Statement of Purpose : What motivates you to pursue law? How does attending law school align with your ambitions, goals, and vision for your future?

Statement of Perspective : The Admissions Committee makes every effort to understand who you are as an individual and potential Harvard Law School student and graduate. Please share how your experiences, background, and/or interests have shaped you and will shape your engagement in the HLS community and the legal profession.

Blog Advice

• Visit the Admissions Blog
• View All Written Statements Blog Posts

Changes to the J.D. Program Application Components

August is here, and that means the J.D. Admissions Office is finalizing our application for the 2023–2024 cycle before it opens on September 15. One exciting change for this year: we have reworked our essay requirements and prompts.

August 4, 2023

Should you include a “why Harvard” statement in your application?

Each year at this time, we receive questions about how applicants should express interest in Harvard Law School. Include a “Why Harvard” essay? Talk about HLS in the personal statement? Maybe an addendum on this topic? The answer to all these questions is the same: no, that’s not necessary.  Let’s start with the separate “why

December 2, 2022

Overrated/Underrated Part 3

Continuing our Overrated/Underrated series, this week, we shift our focus to highlight some of the overrated approaches that we recommend applicants avoid as they craft their applications. 

November 17, 2021

Overrated/Underrated Part 1

The J.D. Admissions team recently came together to offer their thoughts on some underrated and overrated approaches that applicants might take towards their HLS application. We hope you’ll find some of these nuggets useful.

September 9, 2021

Real Talk: The Personal Statement

For our first entry in the Real Talk series, Associate Director Nefyn Meissner shares advice on approaching the personal statement.

August 6, 2020

Personal Statement Advice

The personal statement is “an opportunity to give the Admissions Committee a better sense of who you are as a person and as a potential student and graduate of Harvard Law School.” But what does that mean to us?

November 6, 2018

Podcast Advice

Navigating law school admissions with miriam & kristi.

Miriam Ingber (Associate Dean of Admissions and Financial Aid at Yale Law School) and Kristi Jobson (Assistant Dean for Admissions at Harvard Law School) provide candid, accurate, and straightforward advice about law school admissions — direct from the source. They will be joined by guest stars from other law schools to discuss application timing, letters of recommendation, personal statements, and more.

• View All Episodes

Written Statements Workshop

Our Statement Workshop provides applicants with straightforward advice on how to craft essays with a reflective activity and guiding questions to consider.

We do understand mistakes happen. You are more than welcome to upload an updated document through your status checker. We will review the new material alongside what has been previously received.

Note that when you complete your application and hit “submit”, the information contained in your application may not be altered or deleted in any way by you as an applicant or by us as an admissions team.

Yes. Reapplicants will need to submit new written statements with their application.

We ask that transfer candidates also address the reason(s) for applying for transfer enrollment. Please visit our Transfer Applications Components for more information.

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How to Answer the "Why Law School?" Essay Question

Are you struggling with the "Why Law School?" essay question? This article provides expert tips and strategies to help you craft a compelling answer that showcases your passion for the law and your unique qualifications.

Posted May 12, 2023

Featuring Cian S.

Law School: Crafting a Compelling Personal Statement

Friday, april 19.

8:00 PM UTC · 45 minutes

Table of Contents

If you are considering applying to law school, you will need to write a "Why Law School?" essay. This essay is an opportunity for you to explain why you want to pursue a legal education and why you are a strong candidate for admission to a particular law school. The essay is an important part of the application process and can ultimately make or break your chances of being accepted. In this article, we will provide you with a comprehensive guide on how to answer the "Why Law School?" essay question.

The Importance of Addressing the "Why Law School?" Essay Question

The "Why Law School?" essay question is an opportunity for you to showcase your motivation, passion, and qualifications for pursuing a legal education. The essay allows admissions officers to understand your goals and aspirations, as well as your fit with a particular law school. It is important to address the essay question explicitly and thoughtfully as it can significantly impact your application's success.

One way to approach the "Why Law School?" essay question is to research the law school and its programs thoroughly. This will allow you to tailor your essay to the specific school and demonstrate your knowledge and interest in the institution. Additionally, you can use the essay to highlight any unique experiences or skills that make you a strong candidate for law school. Remember, the essay is not just about explaining why you want to go to law school, but also about showcasing why you are a good fit for the school and the legal profession.

Understanding the Purpose of the "Why Law School?" Essay Question

The "Why Law School?" essay question is designed to help admissions officers understand your motivations, goals, and fit with a particular law school. The question is intended to be open-ended, allowing you to provide a unique and personal response. Your essay should demonstrate your understanding of the legal field and showcase your qualifications and interests.

It is important to note that the "Why Law School?" essay question is not just about explaining why you want to attend law school, but also why you want to attend that specific law school. Admissions officers want to see that you have done your research and have a genuine interest in their institution. This can include discussing specific programs, clinics, or professors that align with your career goals. Additionally, your essay should highlight how you can contribute to the law school community and what unique perspectives or experiences you can bring to the table.

Researching Law Schools Before Writing the Essay

Before writing the "Why Law School?" essay, you should research the law schools you are interested in attending. This research will help you understand the school's academic programs, faculty, resources, and culture. It is important to identify how the school aligns with your personal and professional goals, and emphasize this connection in your essay.

One important aspect to consider when researching law schools is their location. Some law schools are located in urban areas, while others are in more rural settings. This can impact your overall experience as a student, as well as your opportunities for internships and networking. Additionally, you should research the school's alumni network and job placement rates to get a sense of the career opportunities available to graduates.

Another factor to consider is the school's approach to teaching and learning. Some law schools emphasize a more theoretical approach, while others focus on practical skills and experiential learning. Understanding the school's teaching philosophy can help you determine if it is a good fit for your learning style and career goals.

Highlighting Your Personal Motivations for Attending Law School

Your "Why Law School?" essay should highlight your personal motivations for attending law school. This can include your interests in law, social justice, advocacy, or any other relevant experiences. Your essay should showcase your passion and enthusiasm for the legal field.

Additionally, it is important to explain how attending law school aligns with your long-term career goals. This can include specific legal fields you are interested in pursuing, such as environmental law or intellectual property law. You can also discuss how a law degree will help you achieve your career aspirations, whether it be working in a law firm, government agency, or non-profit organization. By demonstrating a clear understanding of your career goals and how law school fits into them, you can further emphasize your commitment to pursuing a legal education.

Demonstrating Your Knowledge of the Legal Field

Your "Why Law School?" essay should demonstrate your knowledge of the legal field. This knowledge can come from previous experiences, such as internships or work experience, or through academic coursework. A deep understanding of the legal field will show admissions officers that you are prepared for the rigors of law school and committed to pursuing a legal education.

Additionally, you can also demonstrate your knowledge of the legal field by discussing current events and issues within the industry. This shows that you are not only knowledgeable about the past and present of the legal field, but also aware of its future direction and potential challenges. Including examples of how you have stayed up-to-date with legal news and developments can further strengthen your essay and showcase your passion for the field.

Showcasing Your Career Goals and Aspirations

Your "Why Law School?" essay should showcase your career goals and aspirations. This can include identifying the type of law you want to practice or explaining how a legal education will contribute to your long-term career aspirations. It is important to be specific in your goals and demonstrate how attending law school aligns with your overall career plan.

Additionally, you may want to consider discussing any relevant experiences or skills that have prepared you for a career in law. This could include internships, volunteer work, or previous jobs that have given you exposure to the legal field. By highlighting these experiences, you can demonstrate your commitment to pursuing a career in law and show admissions committees that you have a strong foundation to build upon in law school.

Incorporating Your Background and Life Experiences into the Essay

Your "Why Law School?" essay should incorporate your background and life experiences into your response. This can include explaining how your personal or professional experiences have led you to pursue a legal education. It is important to showcase how your unique perspective and experiences will enrich the law school community.

For example, if you have worked in a non-profit organization, you can discuss how this experience has given you a deeper understanding of the legal system and how it affects marginalized communities. Alternatively, if you have a background in science or engineering, you can explain how this has given you a unique perspective on the intersection of technology and the law.

Avoiding Common Mistakes in Writing the "Why Law School?" Essay

When writing the "Why Law School?" essay, it is important to avoid common mistakes. These can include being too generic in your response, not demonstrating your fit with a particular school, or not being specific enough in your career goals or motivations. It is important to carefully read and follow the essay prompt and align your response with the law school's mission and values.

Another common mistake to avoid when writing the "Why Law School?" essay is focusing too much on your academic achievements and not enough on your personal experiences and qualities. Admissions committees want to see that you have a genuine passion for the law and a clear understanding of how pursuing a legal education will help you achieve your goals. Therefore, it is important to showcase your unique perspective and experiences, and how they have shaped your desire to attend law school.

Emphasizing Your Fit with the Law School's Culture and Curriculum

Your "Why Law School?" essay should emphasize your fit with the law school's culture and curriculum. This can include highlighting the school's unique academic programs, extracurricular activities, or faculty. Your essay should showcase why the law school is the best fit for you and how you will contribute to the school's community.

Additionally, it is important to research the law school's mission statement and values to ensure that your essay aligns with their goals. You can also mention any relevant experiences or skills that make you a strong candidate for the school. Remember to be specific and provide examples to support your claims. By demonstrating your fit with the law school's culture and curriculum, you increase your chances of being accepted and thriving in the program.

Using Specific Examples to Support Your Arguments

Your "Why Law School?" essay should use specific examples to support your arguments. This can include citing specific academic programs or faculty at the law school or discussing particular experiences or achievements that demonstrate your fit with the school. It is important to provide evidence to support your claims and demonstrate your unique qualifications.

Crafting a Convincing and Cohesive Narrative in Your Essay

Your "Why Law School?" essay should tell a convincing and cohesive narrative. This means that you should create a clear and logical structure for your essay, with a clear introduction, body, and conclusion. Your essay should have a strong, central theme that ties together your arguments and demonstrates your overall fit with a particular law school.

Polishing and Editing Your "Why Law School?" Essay to Perfection

Before submitting your "Why Law School?" essay, it is important to polish and edit your writing to perfection. This means carefully proofreading your essay for errors in grammar, spelling, and punctuation. It also means ensuring that your essay follows the correct word count and formatting guidelines. A polished and well-written essay will make a strong impression on admissions officers.

Tips from Admissions Officers on Writing an Effective "Why Law School?" Essay

Admissions officers recommend that you take the time to carefully read and follow the essay prompt, research the law school thoroughly, and write a unique and personal response. It is important to showcase your passion for the legal field and align your response with the law school's values and mission. A strong and effective essay will make a memorable and positive impression on admissions officers.

Conclusion: Key Takeaways for Writing a Compelling "Why Law School?" Essay

The "Why Law School?" essay question is an important part of the law school application process. To write a compelling essay, it is important to research the law school, demonstrate your knowledge and passion for the legal field, identify your personal motivations and career goals, and showcase your fit with a particular law school. By following these key steps and tips, you can write a successful "Why Law School?" essay that will help you stand out from other applicants and secure your place in your dream law school.

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Biden Administration Approves Expansion of Background Checks on Gun Sales

The new rule, which is likely to face legal challenges, is an attempt to regulate a fast-growing shadow market of weapons that has fueled gun violence.

By Glenn Thrush and Erica L. Green

The Biden administration has approved the broadest expansion of federal background checks in decades in an attempt to regulate a fast-growing shadow market of weapons sold online, at gun shows and through private sellers that has contributed to gun violence.

Under a rule released on Thursday, the Bureau of Alcohol, Tobacco, Firearms and Explosives will require anyone “engaged in the business” of selling guns at a profit to register as a federally licensed firearms dealer. That means those sellers must run background criminal and mental health checks on potential buyers.

The new regulation, which is likely to face legal challenges, could add as many as 23,000 federal dealers to the 80,000 already regulated by A.T.F., an underfunded division of the Justice Department that already struggles to monitor sellers.

The rule, which drew more than 380,000 public comments, will take effect in a month.

President Biden, repeatedly blocked from enacting universal background checks by Republicans in Congress, is leveraging a provision of the sweeping bipartisan gun control law passed in 2022 to achieve an elusive policy goal that enjoys widespread public support: closing the so-called gun show loophole.

Expanding the number of federal firearms licensees was one of several gun control measures included in an executive order Mr. Biden issued in March 2023 after several mass shootings.

Vice President Kamala Harris, chosen to lead the White House’s efforts on a gamut of politically charged election-year issues including gun policy, told reporters in a call on Wednesday that the new regulation addressed “one of the biggest gaps” in the federal background check system.

“This single gap in our federal background check system has caused unimaginable pain and suffering,” said Ms. Harris, who also noted that gun violence was now the leading cause of death among children.

“In the years to come, I do believe countless families and communities will be spared the horror and heartbreak of gun violence by this new rule,” she said.

Senator John Cornyn, the Texas Republican who hashed out the compromise that led to the passage of the 2022 bill, has accused the administration of a “power grab” that stretched the law’s language involving those “engaged in the business” far beyond its original intent.

“Our goal was to provide the American people with predictability and clarity in the law, not to give the A.T.F. an opportunity to impose a gun control regime on law-abiding Americans,” he wrote in a comment to the proposed rule last year.

Unlicensed private sellers in many states have been able to legally sell at gun shows, out of their houses and through online platforms without having to submit to the background check system created to prevent sales to children, criminals, domestic abusers, and people with mental illnesses or drug addictions.

Four in 10 illegal gun cases tracked by the bureau from 2017 to 2021 involved such unregulated sales, including thousands from shadow dealers who used legal loopholes to evade background checks, according to an analysis of firearms trafficking released last week.

The purpose of the new rule is twofold, officials said: first, to pull legitimate sellers into the regulatory sunlight and, second, to deprive brokers who knowingly traffic in criminal gun sales of a legal shield provided by the vagaries of federal firearms laws.

Dealers have previously been required to join the federal system only if they derived their chief livelihood from selling weapons. The bar is much lower now — the government has to prove only that they sold guns to “predominantly derive a profit” from their actions.

Failing to register carries a penalty of up to five years in prison and $250,000 in fines.

Steven M. Dettelbach, the first permanent director of the A.T.F. to be approved by the Senate in nearly a decade, has overseen a succession of more modest regulatory moves, including an effort to regulate deadly homemade firearms known as ghost guns.

The administration believes the new regulation is on solid footing, because it is rooted in a newly passed law, rather than a novel interpretation of an existing one. Nonetheless, it is likely to prompt legal fights.

After a preliminary version of the rule was announced last year, Gun Owners of America, a group that has opposed Mr. Biden’s efforts at gun control, called the regulation a “backdoor” universal background check and vowed that its “attorneys will be preparing a lawsuit.”

The announcement comes as the administration has ramped up its efforts to find workarounds to deliver on policy promises to key constituencies, like young voters and communities of color, on issues like gun violence, where Mr. Biden’s priorities have no chance of passing in a divided Congress.

The gun control bill, one of the administration’s most significant policy achievements, has provided the government with several tools to combat a flood of illegal firearms.

The most important, officials said, is a new gun trafficking charge that is starting to be used in gun cases around the country. Enhanced background check provisions have enabled the Justice Department to stop more than 600 illegal gun purchases by people younger than 21, and stopped straw purchases by third-party buyers that account for roughly 40 percent of illegal gun cases brought by federal prosecutors.

Scores of guns used in crimes have been purchased through the shadow market, increasingly through online marketplaces, like Armslist, a Craigslist for firearms that matches buyers and sellers.

In October 2022, a 19-year-old with a history of mental health issues was denied an AR-15-type rifle at a federally licensed dealer near St. Louis. Shortly thereafter, he bought one through Armslist — this time without a background check — then used it to kill two people and injure several others.

Glenn Thrush covers the Department of Justice. He joined The Times in 2017 after working for Politico, Newsday, Bloomberg News, The New York Daily News, The Birmingham Post-Herald and City Limits. More about Glenn Thrush

Erica L. Green is a White House correspondent, covering President Biden and his administration. More about Erica L. Green

Gun Violence in America

A Grieving Mother’s Hope: Katy Dieckhaus, whose daughter was killed in the 2023 Covent School shooting in Nashville, is pleading for compromise with those who see gun rights as sacred .

A Historic Case: On Feb. 6, an American jury convicted a parent for a mass shooting carried out by their child for the first time. Lisa Miller, a reporter who has been following the case since its beginning, explains what the verdict really means .

Echoing Through School Grounds: In a Rhode Island city, gunshots from AR-15-style weapons have become the daily soundtrack for a school within 500 yards of a police shooting range. Parents are terrified, and children have grown accustomed to the threat of violence .

The Emotional Toll: We asked Times readers how the threat of gun violence has affected the way they lead their lives. Here’s what they told us .

Gun Control: U.S. gun laws are at the center of heated exchanges between those in favor and against tougher regulations. Here’s what to know about that debate .

Justice Department finalizes rules to close ‘gun show loophole’

The change was touted by the white house as the biggest increase in gun regulation in decades.

In a move that officials touted as the most significant increase in American gun regulation in decades, the Justice Department has finalized rules to close a loophole that allowed people to sell firearms online, at gun shows and at other informal venues without conducting background checks on those who purchase them.

Vice President Harris and U.S. Attorney General Merrick Garland celebrated the rules and said they would keep firearms out of the hands of potentially violent people who are not legally allowed to own guns.

The rules — which are expected to take effect in 30 days — codify changes outlined in the Bipartisan Safer Communities Act , which was signed into law by President Biden in June 2022 and expanded which gun sellers were legally required to conduct background checks on buyers.

“Every person in our nation has a right to live free from the horror of gun violence. I do believe that,” Harris said on a call with reporters. “We know how to prevent these tragedies, and it is a false choice to say you are either in favor of the Second Amendment or you want to take everyone’s guns away.”

As part of the Bipartisan Safer Communities Act, officials tasked the Bureau of Alcohol, Tobacco, Firearms and Explosives, which is responsible for regulating the sales and licensing of firearms in the United States, with developing rules that would make clear to gun owners how officials will implement and enforce the new gun laws.

The rules clarify who is required to conduct background checks and aims to close what is known as the “gun show loophole” — which refers to the reality that gun-show sellers and online vendors are subject to much looser federal regulations than vendors who sell at bricks-and-mortar stores.

Under long-standing federal law, people who operate gun shops — or whose main livelihood involves selling firearms — must register with the government to obtain a Federal Firearms License. This license requires them to search a federal database before selling a gun to ensure that the purchaser is not barred from owning one. The license also requires gun vendors to record the sale of each firearm, making it easier for federal officials to trace the gun if it is used in a crime.

But people who claim that selling firearms is not their main source of income — such as people who sell guns at shows or in other more informal settings — have been exempt from such licensing rules. The 2022 law aimed to change that by saying that many more categories of people selling guns to earn money must register for a license and, as a result, record gun purchases and conduct the background checks that come with having that license.

The rules require anyone who sells a firearm through mail order or at flea markets, gun shows or online to register for a license and conduct the necessary background checks.

There are some exceptions, including for hobbyists who are selling firearms from their collection and people who sell firearms they inherited.

It is difficult to determine how many unlicensed dealers are selling firearms, but officials said they expect the new rules to apply to about 23,000 dealers. They said about 22 percent of Americans have obtained their guns without a background check — a figure that includes private transfers of ownership.

“Under this regulation, it will not matter if guns are sold on the internet, at a gun show or at a brick-and-mortar store: If you sell guns predominantly to earn a profit, you must be licensed, and you must conduct background checks,” Garland said. “This regulation is a historic step in the Justice Department’s fight against gun violence. It will save lives.”

Many of Biden’s gun-control efforts have been challenged by conservative groups in court . These regulations are likely to face that same opposition, though White House and Justice Department officials said they are confident the rules align with the law and will withstand any legal challenges.

Sens. John Cornyn (R-Tex.) and Thom Tillis (R-N.C.) — the lead Republicans who worked on the Bipartisan Safer Communities Act (BSCA) — plan to introduce a joint resolution of disapproval calling for the new rules to be overturned, Tatum Wallace, a spokesperson for Cornyn, said in an email Thursday. Wallace said that the rules go far beyond the intent of the legislation and accused the Biden administration of trying to circumvent Congress to get close to universal background checks.

“The administration is acting lawlessly here, and the vast majority of this rule has nothing to do with the BSCA,” Wallace said. “Of course, this rule has been on the administration’s wish list for many years despite Congress rejecting these provisions repeatedly.”

The ATF issued the proposed version of the rules in August and opened them up to public comment for 90 days. Officials said they received nearly 400,000 comments, two-thirds of which were clearly in favor of the rules. A quarter of the comments were decidedly against the proposal, the officials said, and other comments did not take a clear stance on the rules.

The final version of the rules did not contain substantial changes.

Gun control advocates celebrated the rule change as a victory.

“This rule is the definition of common sense: If you’re selling firearms at a gun show or online for profit, you are engaged in the business of dealing guns and need to run a background check — period,” John Feinblatt, president of Everytown for Gun Safety, said in a statement.

The ATF released a gun trafficking report last week that determined that the country’s illegal firearm network is growing and said approximately 60 percent of users of trafficked firearms in cases that officials examined were convicted felons.

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Here's the new plan to boost background checks for guns bought at shows or online

Deepa Shivaram

People look at guns and ammunition at the Great American Outdoor Show on Feb. 9 in Harrisburg, Penn. Former President Donald Trump spoke at the event. Spencer Platt/Getty Images hide caption

People look at guns and ammunition at the Great American Outdoor Show on Feb. 9 in Harrisburg, Penn. Former President Donald Trump spoke at the event.

The Justice Department announced a new rule Thursday that will require anyone who sells guns to run federal background checks — a process that would cut down on what's been known as the 'gun show loophole.'

The rule expands the definition of what it means to be "engaged in the business" of selling firearms. The clarification means that background checks are required for the sale of guns not just at gun stores, but also for guns sold at flea markets, on social media and at gun shows.

Attorney General Merrick Garland said the new move will save lives.

Biden wants to boost background checks on gun buyers. But it's hard without Congress

"Under this regulation, it will not matter if guns are sold on the internet, at a gun show, or at a brick-and-mortar store: if you sell guns predominantly to earn a profit, you must be licensed, and you must conduct background checks," Garland told reporters.

The Justice Department said the new rule, which goes into effect 30 days after it is submitted, would affect roughly 23,000 unlicensed dealers. It has the potential to impact tens of thousands of gun sales each year. It also allows for better tracing of guns that are found at crime scenes, including mass shootings.

The new rule began as part of the Bipartisan Safer Communities Act

The clarification on the definition of what qualifies as engaging in the business of dealing firearms is a follow-up to part of the Bipartisan Safer Communities Act, which President Biden signed into law in 2022.

That law tweaked the definition of who is considered a gun dealer. As a follow-up to it, Biden signed an executive order last March, directing the Justice Department to take steps to close background check loopholes.

The rule clarifies some technical aspects of selling and owning firearms. For example, it adds a definition of "personal firearms collection" to allow firearms collectors to add or liquidate their collections without breaking the law. The rule also provides clarity on what those licensed to sell guns should do with their supply if they go out of business.

The White House says this rule will withstand challenges

It's difficult to estimate exactly how many gun sales and guns will be impacted by the new rule, but the Justice Department pointed to a 2017 study showing that about 22% of Americans said they acquired their most recent gun without a background check.

A senior White House official, who spoke to reporters on the condition of anonymity, said the administration has confidence the new ruling won't be stopped by legal challenges.

In Parkland, VP Harris urged greater use of red flag laws to prevent shootings

"We have confidence that this is legal. And strong regulations like this one are not in conflict with the Second Amendment" of the Constitution, the official said. "There's every reason that it should go forward."

Vice President Harris, who leads the White House Office of Gun Violence Prevention, said the change could prevent more gun sales to people who are domestic abusers, people convicted with violent felonies and children.

She cited the shooting at Columbine High School in 1999, which was carried out in part through weapons bought at gun shows without checks.

"This single gap in our background check system has caused unimaginable pain and suffering," Harris said.

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