Upper Level Writing Requirement papers that are in the form of academic papers can also follow these steps. A preemption check is NOT required for an Upper Level Writing Requirement paper.
“Good legal scholarship should make (1) a claim that is (2) novel, (3) nonobvious, (4) useful, (5) sound, and (6) seen by the reader to be novel, nonobvious, useful, and sound.”Source: Eugene Volokh, Academic Legal Writing: Law review articles, student notes, seminar papers, and getting on law review 10 (Thomson Reuters 2010).
“One reason to write a law review note or article is to make an original contribution to the legal literature.”Source: Note, Originality, 115 Harvard Law Review 1988, 2004 (2001).
"Writing a scholarly legal research paper requires you to develop and defend a thesis on a legal topic."Jessica L. Clark, Scholarly Writing: Ideas, Examples, and Execution 3 (Carolina Academic Press 2010).
Scholarly legal articles often follow this arrangement:
1. Introduction - includes the statement of the claim (In other words: point of view, opinion, thesis statement, problem & solution or issue & resolution)
2. Background Section - Describes the existing law, facts and/or history necessary to understand the problem.
3. Proof of the Claim - Show your claim is correct and the best way to solve the problem.
Source: Eugene Volokh, Academic Legal Writing: Law review articles, student notes, seminar papers, and getting on law review 10 (Thomson Reuters 2016).