Remedies - POLICIES SPRING 2022




3 credits

Wednesdays 1:00 - 3:50
  ROOM 3-09 


See SYLLABUS

Prof. George W. Conk

Senior Fellow, Stein Center for Law & Ethics

gconk@law.fordham.edu 
 
Course Blogs: Torts Today  and Otherwise


 
Office hours by appointment on the hour and half hour.  Please make appointments by email.

Attendance is required.  I must certify good and regular attendance to submit a passing grade.  If you are unable to attend class please drop me a note with brief explanation before class.

Please be sure to read all emails from me - and be prepared .  Particularly in a small class everyone being prepared is essential to good discussion.

Eligibility: Upper division JD and LLM students
JD STUDENTS LIMITED TO 20 - to avoid the 1L curve
I will accept LLM students above the cap.  Please write to me directly requesting admission at; gconk@fordham.edu

All page references are to:
Weaver, et al.  Remedies -   A Contemporary Approach
Fifth  Edition (West Academic Interactive casebook series)   
 ISBN:  978-1-68467-575-3

Learning objectives (Dropbox)

Accountability:  
TWO  Options:
Term paper (15 + pp) 
OR 
 Writing Requirement paper (25 pp.)
Friday  January 28, 2022: Last day to submit Independent Study and UpperClass Writing Requirement Forms.
If you are doing a Writing Requirement paper please be sure to arrange a talk with me (via Zoom or in person) to discuss your topic, etc.

All Papers are due on May 4, 2022 unless an extension is granted.
No extensions may go beyond the end of the exam period.
There is no grading penalty or bonus for any option you choose.

There is no anonymous grading in this seminar class  
PAPERS ARE TO BE SUBMITTED TO ME BY EMAIL TO GCONK@FORDHAM.EDU
BE SURE TO INCLUDE YOUR EXAM ID NUMBER, AND YOUR NAME!
MICROSOFT WORD, RTF, WORDPERFECT,  GOOGLEDOCS, AND PDF ARE ALL ACCEPTABLE FORMATS FOR FINAL PAPERS.  DRAFTS SHOULD BE IN AN EDITABLE FORMAT.
Citation format: Indigo Book 2.0


Attendance is required.
Emailed Notice of absence with statement of cause is required before any class missed.


Class participation is a factor in grading.

IF we are compelled to meet via ZOOM:

Video MUST be turned on unless you have some personal reason making it inappropriate or uncomfortable for you to be seen by classmates.
Being visible is important to me as teacher and to you and your fellow students.
Every class has a "feel" - and maintaining the sense of personal interaction and dialog which is key to learning is challenging in this pandemic year.

Writing Requirement - Academic Regulations
 The student must present a topic proposal for faculty approval, submit an outline and rough draft for faculty comment, and submit a final paper that (1) demonstrates significant research and original analysis; and (2) is well organized, carefully presented, and clearly written.

Your objective(whether term paper or Writing Requirement)  is to produce a  piece of legal writing at a level demonstrating professional competence.

The basic structure is to pose a question, survey the literature identifying and stating accurately any contending views on the question, evaluating their strengths, and explaining and justifying your proposed resolution.

As in all professional writing the strong preference is for reliance on primary sources to establish any fact.  Facts asserted that are undisputed common knowledge need not be footnoted.  [The Constitution and first twelve amendments were ratified in 1788. The first Congress met in 1789.]    The fact of what a court has or may do is primarily established by citation to judicial decisions; Laws by citation of Rules, statutes or Constitutional provisions; Regulations by citation of the Rule, etc.  Writing requirement and term papers are not a survey of secondary sources, but rather use such sources to identify the reasoning by which the question posed may be answered.

What is plagiarism: the knowing or unrecognized recitation of facts established by another without attribution to the source.

 - UCWR outlines due Tuesday, February 22.
[Outlines may be a conventional `Roman Numeral' outline structure; `brief type' point heads; or a 250 - 500 word abstract summarizing the argument. It is a waypoint to help you organize your thinking and guide future research and writing.]

- Rough drafts due  Monday, March 21, 2022

- Final papers due Wednesday, May 4, 2022

- Last permissible extension date:  May 18, 2022 

Term papers (if elected in lieu of exam)

Term paper topic proposals due:  Tuesday February 22 
- First draft due:  Friday, April 1
-Final papers due -  Wednesday, May 4, 2022 
- May 18 - Last permissible extension date for papers  
Applications for extensions on papers will be considered but must include a statement of reasons, a proposed new date, and be made three days before the due date.   

SUGGESTIONS RE WRITING STYLE

The Elements of Style - by William Strunk & E.B. White

N.B. -  Ch. II Elementary Principles of Composition

Elena Kagan Master Stylist

DOJ Journal of Federal Law & Practice No. 2 (2019) - APPEALS

Rhetoric: Aristotle, RBG  and the Art of Persuasion - GWC blogpost Otherwise

Remarks of Judge Aldisert on accepting the Golden Pen award.

 * Prof. Nancy Leong: how to write a law school paper or law review article VIDEO

Proofreaders' marks  Chicago Manual of Style



 

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