Students should consult both online and offline research resources.
A good law review article is more than just an overview of an issue. A good article persuades the reader that an injustice must be vindicated or that something must be stopped or started to achieve an important result. A November 2009 "Harvard Law Review" article is a good example. Its author discussed how a Supreme Court decision so narrowed the standard for pleading a civil complaint that it substantially constrained future litigants. By identifying several potential topics, researching them and consulting your faculty adviser, you will find a topic that yields an interesting law review article.
Instructions
1. Analyze the current Supreme Court docket. Research the cases that the court agreed to review in the current session to find out what questions were presented to the court. Ask yourself how the court's decision either way will impact the parties involved, other parties and other populations or industries. Find out who has filed amicus or "friend of the court" briefs for either side. Look for amicus filers that seem like an odd fit for the issue. How the Supreme Court will rule on an issue, how its decision will affect an industry and why seemingly a uninterested party weighed in on an issue are all topics that you can develop into a good law review article.
2. Ask law professors, judges, attorneys and other students at your law school what topics they would like to see get the in-depth treatment that a law review article provides. Many lawyers have a pet cause they think deserves more attention and would gladly discuss their views with you in detail. If you choose a topic suggested by a faculty member, ask that person to also act as your adviser on the article.
3. Look for splits among the different circuit courts of appeal. Splits in circuit opinions are easy to find through law school research tools. Ask yourself how different interpretations of the law in different parts of the country impact the citizens and businesses in the different circuits. Geography-based injustices are ripe for discussion and analysis in a law review article.
4. Research several of the topics you think are possibilities for your law review article. See if anyone else has written a law review article on the topic, and ask yourself if you can provide a different point of view. Research the most cited cases about the topics and the statutes underlying the cases. Before you choose your topic, make sure there is adequate research material available to support your article.
5. Discuss your choice with your adviser before you start writing. Your faculty adviser can help you decide whether your topic is too narrow or too broad. Having this discussion beforehand saves needless redrafting of material that may not fit your faculty adviser's vision of your law review article.
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