Upper Level Writing Requirement

The purpose of the Upper Level Writing Requirement is to have each student individually complete at least one rigorous extended piece of legal writing (in addition to those in RWA).  Research, analytical, organizational, and other writing skills are important components in the preparation of any quality product of legal writing. The Upper Level Writing Requirement requires each student to demonstrate his or her ability to apply each of these skills in producing one substantial, cohesive piece of legal writing prior to graduating from law school.

A. Required Elements of Upper-Level Writing Process

  1. The instructor shall provide the student with written and oral explanation of the Upper-Level Writing Requirement rules and rubric. The explanation shall include any additional standards the instructor believes appropriate.
  2. Prior to starting the writing process, the student must conference with the instructor to present a proposed topic and research plan and receive the instructor’s approval for both.
  3. Early in the writing process, the student must submit for the instructor’s approval a proposed substantive outline of the paper. The outline, which may be in any form the instructor allows, should include a thesis, key authorities, an explanation of how the key authorities will be used, and a proposed organization for the paper.
  4. The student must submit a draft of the paper for written instructor feedback. The feedback should include a completed Upper-Level Writing Requirement Rubric. At the time the draft is submitted, the student shall also give an oral report in class, in small groups, or in a conference with the instructor. The oral report should include an explanation of the paper’s thesis and its support, along with any continuing questions or concerns with the paper’s development.
  5. After receiving the instructor’s feedback on the draft, the student must complete the ULWR Feedback Evaluation Form and submit it to the instructor unless the instructor has received permission from the Associate Dean for Academic Affairs to use another method to assess student engagement and learning.
  6. The instructor must complete the Upper-Level Writing Requirement Rubric again for the final paper.
  7. A paper satisfies the Upper-Level Writing Requirement when the instructor verifies the paper has met the Paper Requirements, described in B below, by submitting the completed Upper-Level Writing Requirement Rubric, Upper-Level Writing Requirement Certification, and grade report (where applicable) to the Registrar. No student will satisfy the Upper-Level Writing Requirement simply by passing a course.

B. Paper Requirements

Faculty members shall certify that a paper satisfies the Upper Level Writing Requirement only if it meets the following standards, as well as any other standards that the faculty member finds appropriate for the paper:

  1. The topic of the paper is appropriate for an extended piece of legal writing which requires application of research, analytical, organizational and other writing skills.
  2. Factual, legal, and other material in the paper are cited appropriately, according to the Blue Book, the ALWD Manual, or other recognized legal citation system prescribed by the faculty member.
  3. The student uses numbers and types of sources which the faculty member believes are appropriate to the nature and scope of the paper topic.
  4. The paper demonstrates legal analytical skill and the application of that skill is appropriate to the nature and scope of the paper topic.
  5. The paper is well organized and demonstrates a grasp of grammar and other writing skills.
  6. The paper is at least 20 standard pages in length, unless the faculty member determines that a shorter paper appropriately addresses the topic. A “standard” page will generally have (i) one inch margins, (ii) 12 point, Times New Roman font in the body, (iii) 10 point, Times New Roman font in footnotes, (iv) double-spacing in the body, and (v) single-spacing in the footnotes, or other formatting that the faculty member believes appropriate to the assignment and that is communicated to the student(s) at the beginning of the course.
  7. The student completes at least one rewrite of the paper after critique by the faculty member.
  8. The paper receives at least thirty-six cumulative points on the final completed Upper Level Writing Requirement Rubric.

C. Eligible Courses

  1. No required course shall be eligible to meet the Upper Level Writing Requirement.
  2. The Curriculum Committee shall be responsible for determining whether a course (other than a required course) meets the Upper Level Writing Requirement.
  3. The Curriculum Committee shall apply the following standards in determining whether a course, including the Independent Study course, meets the Upper Level Writing Requirement.

A. Courses must allow for the required faculty and student interactions, as described in section A above.

B. The Upper Level Writing Requirement may be satisfied by the completion of any legal writing, including a paper, brief, or casenote, that satisfies the requirement in section B above.

C. The Upper Level Writing Requirement may be satisfied by successfully completing, in accordance with these guidelines: (i) a casenote of the UA Little Rock Law Review; (ii) a brief for the course of Advanced Appellate Advocacy; (iii) Independent Study; (iv) a paper for any class that has been approved by the Curriculum Committee as satisfying these standards; or (v) any other legal writing project undertaken in accordance with these standards in a course that does not otherwise meet the standards for satisfying the Upper Level Writing Requirement, so long as the supervising faculty member certifies that the paper meets the requirements of section B above.

D. Any faculty member wishing to designate his or her class as one satisfying the Upper Level Writing Requirement must first obtain authorization from the Curriculum Committee. Authorization shall be given only if the Curriculum Committee determines that the writing requirements of the class meet the standards set out in section B above.

Rule amended February 13, 2017.