Lecture Notes on Legal Writing and Key Legal Cases

Introduction

• Recording Notice: Classmates who aren't present may feel left out of the laughter.
• Feedback Clarification: Extensive feedback doesn't indicate poor performance but aims to guide improvement.
• Improvement: Teaching emphasizes continuous improvement in writing skills.

Writing Tips

1. Avoid Filler Words: Be cautious of using unnecessary language.
2. First-person Prohibition: Avoid using 'I' in academic writing.
3. Confident Writing: Avoid prefaces like 'it might be' or 'I could be wrong'.
   • Evoke confidence in your arguments.
   • Ensure writing is strong and concise.

Legal Writing Considerations

• Legal Advice Phrasing: Avoid saying 'I think' and instead state legal positions firmly.
• National and Regional Powers: Consider the possibility of both being applicable.
• Conclusion Focus: The rationale behind conclusions is more important than the conclusions themselves.
• Incorporating Readings: Use references such as federalist papers or case law to strengthen arguments.

Discussion Assignment Guidelines

• Assignment Parts: Two parts, each limited to 100 words, for a total of 200 words.
• Case Law Usage:
  • Use case law thoughtfully and appropriately.
  • Ensure it supports and strengthens your argument.

Key Legal Cases

Marbury v. Madison

• Judicial Review: Established the Supreme Court’s power to say what the law is.
• Historical Context: Conflict between Federalists and Anti-Federalists shaped the case.
• Outcome: Asserted judicial review without directly confronting the executive branch.

McCulloch v. Maryland

• Federalism Defined: Key case defining the balance of power between federal and state governments.
• Elastic Clause: Expanded federal power under necessary and proper clause.

Gibbons v. Ogden

• Interstate Commerce: Defined federal power over interstate commerce.
• Outcome: Federal license held supremacy over state license.

Printz v. United States

• Federal Mandates: Limited federal power to compel state officials to enforce federal laws.
• 10th Amendment: Focused on dual sovereignty and protection of state powers.

Federalist Paper No. 78

• Judiciary Power: Addressed concerns about judiciary’s independence and power.
• Hamilton’s Defense: Argued for judicial review as necessary for balanced governance.

Conclusion

• Writing and Discussion: Emphasize logical support for conclusions.
• Future Considerations: Keep exploring the historical context of legal decisions.

Additional Notes

• Class Participation: Encourage active questions and engagement.
• Reference Style: Mentioning the case name is sufficient; no formal citation required.