Assignment #1
Annotated Bibliography & Essay Prospectus
Stephen Mack, Ph.D.
WRIT 340: Pre Law
Purpose:
To lay the research and conceptual foundation for the essays to be written in assignments
2 and 3.
Preparation:
• Read the first two parts of the 340 Course Book (published on Blackboard), and
any handouts.
• Select a topical focus.
• Conduct deep research (i.e., read about 12 to 20 sources, books and articles,
—that YOU develop—relevant to your topical focus).
Introduction:
Reading the law (that is, interpreting the law) is never quite as straightforward as it seems.
While some claim that it ought to be (or is) a simple matter of decoding the words, most will
acknowledge that even seemingly innocent words can be freighted with cultural values or
historical contexts that complicate whatever meanings we attribute to them. Moreover, while
some may profess indifference to the different consequences of reading the law one way verses
another, others will argue that the real-world consequences of interpretation are always part of
the law’s meaning in the first place. And of course, there is always the question of what to do
when the law doesn’t seem to mean anything at all—when there are “gaps” or ambiguities in the
law that judges must bridge or clarify in the absence of certainty regarding legislative intent. All
these questions require that judges and lawyers work from a coherent jurisprudential theory. In
this assignment you will be developing the outlines of a theory of your own, and then applying
it to an issue in which theory matters, that is, a legal issue that can be resolved in many
different ways, depending on how one believes the law should be read. (Note: many of
these issues are the concern of recent or upcoming Supreme Court cases.)
Topic Focus Choices:
The first assignment—as well as the succeeding two—will be devoted to a single topic in
which theory matters. While the whole class will read and discuss a few of the same texts that
outline some of the problems in jurisprudence, each individual student will start to apply those
competing theories to an issue of their choosing. The list of possible issues is endless, but to
illustrate just a few possibilities, consider:
Campaign finance. (Is money really speech?)
Corporate personhood. (Are corporations rights-bearing people? Should they vote?)
Intellectual property and the digital revolution.
Privacy Rights.
Religious liberty
Writing Tasks:
The first assignment consists of two separate texts.
1. Annotated bibliography. Length: “As long as it takes” single spaced ok. After
reading all of your sources, list each one in a bibliography (use MLA documentation style
unless another is clearly more appropriate). Under each entry write a one or two
paragraph summary of its content (its’ thesis, major points, significant evidence, etc.),
and your assessment of the sources’ value, and your opinion of its thesis. (Review
“Develop Deep Knowledge” in course book.)
2. Essay Prospectus. Length: 1-2 pages, double spaced. After digesting your
material—and, hence, developing your expertise concerning it—organize the morass of
facts, research, issues, and positions into a focused presentation of the question you will
address in the full essay you will write for assignment #2. Include:
• Relevant background on the issue you will address
• A “mini argument” for the relevance or importance of the issue you will
address.
• A brief summary or sketch of the debate concerning the issue you will
address; that is, quickly state the various contending points of view on
your issue. Note: If you believe the entire debate is misguided, include a
statement explaining why, a comment on what the current debate distorts
or omits from a reasonable discussion of the question.
• A one or two sentence “sketch” of your thesis—your answer to your
question.
As you assemble all of this material, be sure to weave it all together into harmonious a
statement. Make each item seamlessly transition into the next, building to your proposed
thesis. Stick to the law—avoid strictly policy recommendations (or what laws you
think should be enacted!)
Presentation:
On the first day the assignment is due please arrive with enough copies of your
prospectus for everyone in the class. Make sure you also bring a copy for me with the
annotated bibliography attached. On that day, and for the next two class sessions,
everyone will present their prospectus to the class and listen to the discussion that
follows.
