Scholarly Writing
The following resources provide guidance on choosing a topic, researching the issue(s), drafting the paper, and publishing it in a journal.
- Jessica L. Clark & Kristen E. Murray, Scholarly Writing: Ideas, Examples, and Execution, 3d ed. (KF250 .C528 2019). This book guides writers through the different stages of the writing process, providing quizzes and checklists to allow the writer to self-correct, and gives advice on submitting a paper using common submission platforms.
- Elizabeth Fajans & Mary R. Falk, Scholarly Writing for Law Students: Seminar Papers, Law Review Notes and Law Review Competition Papers, 5th ed. (KF250 .F35 2017). An overview of the writing process with exercises to practice techniques and polish writing style.
- Eugene Volokh, Academic Legal Writing: Law Review Articles, Student Notes, Seminar Papers and Getting on Law Review, 5th ed. (Reserves KF250 .V65 2016). Used in the scholarly writing course, this text provides includes in-depth explanations of the writing process and describes effective writing strategies; includes advice on topic development, timeline, writing competition, and publishing your article.
During your initial research on topic, it is advisable to first do a general review of the literature in an area not only to confirm that no other articles already address the issue as you intend to (i.e., conduct a preemption check), but also to see if there is enough material to support a full scholarly paper. A subject treatise and the general databases listed below are good sources for this initial review.
After choosing a topic, dive deeper using topical databases, research guides, news and other current awareness sources, government websites, and more to augment your initial research. Goodson Law Library has topical research guides, as do Duke University Libraries. Find more research guides by searching the web for ‘<subject> research guide’. (For example, search for human rights research guide to find Georgetown's Human Rights Law Research Guide.) To find additional resources search the catalog by subject heading. You can also search directly in our catalog for articles.
A. Treatises
Each area of study has unique resources. The tools below identify well-respected and commonly used treatises for different subject areas. If you want more extensive information on useful resources in a topic area, it is always best to use a research guide (see intro section above on finding one).
- Morris L. Cohen, & Kent C. Olson, Legal Research in a Nutshell, 15th ed. (KF240 .C54 2024 and online). Appendix B: Major Treatises and Services by Subject lists the most popular treatises in a number of subject areas.
- Georgetown Law, Treatise Finders is a searchable list of treatises by subject.
- Harvard Law School, Legal Treatises by Subject lists major treatises organized by subject areas.
B. Databases
The databases listed below are useful for conducting an initial preemption check and literature review. They each cover large general areas, but should not be the only databases you use. When you start delving deeper into your research, you will need to use databases geared towards your topic to find relevant sources. There are two places to look for databases: Legal Databases and Links on our library page and Duke University Libraries’ list of databases by topic.
- JSTOR: This multi-disciplinary database which includes a library of journal articles as well as policy research in business, history, math, social science, and more.
- Web of Science: Combines multiple scientific databases for cross-disciplinary research.
- HeinOnline: Contains a broad range of full text searchable legal material from journals and treatises to the Congressional Record and historical legal materials.
C. Newspapers & Current Awareness
For historical research, newspapers can be a great resource for context and current events. Duke University Libraries has a list of newspaper databases. If there is an article, current or historical, that you need but cannot access (e.g., Wall Street Journal), reach out the reference desk, as the reference librarians might be able to suggest other options.
Legal Blogs, often called blawgs, can be useful in understanding how practitioners are reacting to developments in the law, see how and why new technology is creating a stir, and discover some perspectives of which you might have previously been unaware. Find directories and search engines for these blogs on the Legal Blogs page.
Law360 includes news, commentary and analysis in more than 35 practice areas; available within the Law School IP range, as well as to Law community via the headlines carousel or Legal News section within Lexis.
United States Law Week (online in Bloomberg Law) includes monthly charts summarizing selected circuit splits among federal courts of appeals.
D. Government Resources
Government agency websites are often troves of topical information and statistics. Data.gov collects open government datasets from various agencies.
- The Bluebook: A Uniform System of Citation, 21st ed. (Reserves KF245 .B58 2020).
- Chicago Manual of Style, 7th ed. (Reference Z253 .U69 2017 & online). The Bluebook refers unaddressed questions of capitalization out to the Chicago Manual of Style or the Government Publishing Office Style Manual (see below).
- Linda J. Barris, Understanding and Mastering The Bluebook, 3d ed. (KF25 .B37 2015). Explains Bluebook rules and provides examples.
- U.S. Government Publishing Office Style Manual (Reference GP 1.23/4:ST 9/2016 & online).
Each journal has different guidelines for submissions, and some will have unique style requirements you should be aware of before submitting. It is best to review a journal's submission page and look though some recent editions of that journal prior to submitting your article. It is always prudent to note a journal’s copyright policy indicating whether it has an exclusive submission restriction. The links below will help you identify potential journals for your article and the law school’s policies regarding the student submissions to the different platforms.
- Allen Rostron & Nancy Levit, Information for Submitting Articles to Law Reviews & Journals (revised July 18, 2024). Covering 195 law reviews, this guide contains information about submitting articles to law reviews and journals, including the methods for submitting an article (including working through Scholastica, discussed below), any special formatting requirements, how to contact them to request an expedited review, and how to contact them to withdraw an article from consideration. Also includes links to journal submission pages and a chart on the various rankings and impact factors of the journals.
- Robert Luther III, Practical Tips for Placing and Publishing Your First Law Review Article, 50 U. RICH. L. REV. Online 63 (2016). A short article suggesting ten steps to follow when submitting your article for publishing to improve your article’s placement.
- Washington and Lee University School of Law, Law Journal Rankings. This searchable database allows you to search for journals by subject area and ranking. It also provides links to each journals submission process webpage, when available. It will also warn with “CAUTION” notes when the journal has a restrictive submission policy.
The major platform that law reviews use to manage their submissions is Scholastica. Scholastica’s website includes a submission guide for authors, as well as a rotating list of which law reviews are open for submission.
OUR POLICY ON STUDENT SUBMISSIONS & FEES: Journals often charge small fees ($5-$10) for submitting your article for review.
Beyond faculty submissions, members of our faculty may also recommend account creation for individual Law School students who wish to submit their work from the Duke Law Scholarly Writing Workshop, Student Paper Series, Capstone projects, etc. Subsidized JD and LLM students are limited to 20 total submissions per paper; SJD students are limited to 40 submissions per paper. Student authors will be removed from Law School coverage when the subsidy limit is reached or shortly after graduation, whichever comes first.
In order for the sponsored student to be added to the Law School’s Scholastica account, your recommending faculty member must email Associate Director for Administration & Scholarship Jennifer Behrens at behrens@law.duke.edu with your name and preferred email address. Afterward an account will be created and you will receive instructions from Scholastica on claiming the account.
rev. 07/2024 zvh/lms