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writing-legal

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This skill should be used when the user asks to "write a law review article", "draft a legal paper", "edit legal writing", "review my legal article", "write for a journal", "format footnotes", or needs guidance on academic legal writing. Based on Volokh's "Academic Legal Writing" with law-review-specific structure and evidence handling.

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Source SKILL.md: https://github.com/majiayu000/claude-skill-registry/blob/HEAD/skills/development/writing-legal-edwinhu-workflows/SKILL.md

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Academic Legal Writing

Style guide for law review articles, seminar papers, and legal scholarship based on Eugene Volokh's Academic Legal Writing.

When to Use

Invoke this skill for:

  • Law review articles and student notes
  • Seminar papers and legal scholarship
  • Academic legal writing with footnotes
  • Editing legal prose for structure and argument

For general writing: Use /writing skill (Strunk & White) For economics/finance: Use /writing-econ skill (McCloskey)

Law Review Article Structure

Introduction

The introduction serves three functions:

  1. Persuade readers to keep reading
  2. Summarize the article for those who won't read it
  3. Frame how readers interpret what follows

Requirements:

  • Show the problem concretely with specific examples or hypotheticals
  • State the claim clearly—what does the article contribute?
  • Integrate the roadmap into the introduction, not as a separate paragraph
  • Hook the reader: concrete question, engaging story, controversy, or argument to rebut

Anti-patterns:

  • Starting with "This article discusses..."
  • Separate table-of-contents paragraph (readers skip it)
  • Historical background before establishing relevance
  • Vague generalities about the importance of the topic

Background Section

Synthesize precedents; do not summarize each case sequentially. Focus only on facts and rules necessary for the argument.

ProblemSolution
Summarizing each caseSynthesize: "Courts generally hold X, except when Y"
Mini-treatise on the areaOnly what's needed for the claim
80% background, 20% claimBalance must favor the original contribution

Proof of the Claim

For prescriptive claims: Show the proposal is both doctrinally sound AND good policy.

Use a test suite: Apply the proposal to concrete scenarios (easy cases, hard cases, edge cases) to demonstrate it works.

Confront counterarguments:

  • Turn problems to advantage: refine the claim, acknowledge uncertainty
  • Stay on offense—address objections without becoming defensive
  • Acknowledge costs honestly; readers respect candor

Connect to broader issues:

  • How does the claim relate to parallel debates?
  • What subsidiary discoveries emerged?
  • What questions remain for future research?

Conclusion

Keep conclusions brief. The real work is rewriting the introduction after the draft is complete, ensuring it accurately reflects the article's contributions.

Legal Argument Problems

Common logical problems in legal writing (see references/volokh-distilled.md for detailed examples):

ProblemIssue
Categorical assertions"Always" and "never" invite counterexamples
Unpacked metaphors"Slippery slope" and "chilling effect" hide incomplete arguments
Missing logical piecesSyllogisms that skip steps (subject to scrutiny ≠ fails scrutiny)
Universal criticisms"Chilling effect" applies to most laws—explain why this one matters
Undefined abstractions"Privacy," "paternalism," "democratic legitimacy" need definitions
"Arguably" as argumentAcknowledges controversy but doesn't make the case

Evidence and Citation

Read Original Sources

Never rely on intermediate sources for cases, statutes, or historical facts. Even Supreme Court opinions misstate precedents.

Source TypeRule
Cases/statutesRead the original; don't trust treatises or other cases
Historical factsGo to history books, not law review articles citing them
Scientific studiesRead the study, not the article summarizing it
NewspapersUnreliable; track down underlying documents
WikipediaUse to find sources, but cite originals

Be Precise with Terms

Avoid false synonyms: "murder" ≠ "homicide" ≠ "killing"; "foreign-born" ≠ "noncitizen"; "children" is ambiguous (0-14? 0-17? 0-24?).

Include necessary qualifiers: "falsely shouting fire" is quite different from "shouting fire."

Be Explicit About Assumptions

Make clear when inferring:

  • From correlation to causation
  • From one time/place to another
  • From one variable to another (arrest rate ≠ crime rate)

Acknowledge the inference and defend it; don't hide it.

Handle Surveys Carefully

Surveys measure only what respondents said in response to specific questions. Valid surveys require:

  • Random sampling (not self-selected, not convenience samples)
  • High response rates (70%+)
  • Sufficient sample size (1000+ for ±3% margin)
  • Unambiguous questions

"Online survey" and "Internet poll" are almost sure signs of invalidity.

Rhetoric and Tone

PrincipleApplication
Understate criticism"Mistaken" not "idiotic"—overstating raises the burden of proof
Attack arguments, not people"This argument fails" not "Volokh is wrong"
Avoid caricatureQuote adherents, not critics, when explaining a position

See references/volokh-distilled.md for extended discussion of rhetorical problems.

Quick Reference

ProblemSolution
"This article discusses X"Hook with concrete problem
Case-by-case summariesSynthesize precedents
Undefended metaphorsUnpack the concrete mechanism
"Arguably" / "raises concerns"Give the actual argument
Relying on intermediate sourceRead original case/study
"Many children"Specify: "111 children age 0-17"
"Correlation shows causation"Explain why inference is valid
"Volokh's argument is idiotic""This argument seems unsound"

Progressive Disclosure

For comprehensive guidance, consult:

Reference File

  • references/volokh-distilled.md - Extended Volokh guidance covering:
    • Full logical problems taxonomy
    • Word and phrase problems to avoid
    • Extended evidence handling
    • Survey analysis methodology
    • Editing principles and exercises

When to Load Reference

Load the full reference when:

  • Encountering specific evidence evaluation questions
  • Needing detailed survey methodology guidance
  • Working on substantial manuscript revision
  • Checking specific word choice or usage questions

Integration

After completing any legal writing task, invoke /ai-anti-patterns to check for AI writing indicators. The /writing skill covers general prose principles (active voice, omit needless words) that complement this skill.