Writing: Drafting Legislation
This two-credit-hour advanced writing course will explore the process of writing legislation, including preparation of documents to support proposed legislation, as well as partisan and non-partisan reports to legislators on the implementation of proposed legislation. In addition, this course will examine the interaction between existing and proposed legislation, as well as how proposed legislation will affect or interact with existing policies. This proposed course will benefit all students, whether they aspire to public office, anticipate working in government at the staff level, anticipate working for public interest, anticipate working for a client whose interests may best be served through legislation, or whose practice serves such clients or public interest concerns. In addition to the substance of drafting legislation, this proposed course will provide the chance to work closely with the instructor to hone writing and stylistic skills that will translate to conventional law practice.
Writing assignments will surround one piece of proposed legislation. Students will be required to complete three substantial assignments: 1) Research Report calling for legislation, including empirical data justifying the legislation, a forecast of its impact on relevant public policy, and a description of the proposed legislation; 2) a Technical Report, a partisan or non/partisan report of the type that would be used to brief a lawmaker on the proposed legislation; and 3) the Proposed Legislation itself. The students will write these assignments around topics of their own interest, subject to instructor approval. In addition, the students will complete exercises aimed at developing a writing style appropriate to such reports, as well as to legislation. Coursework will involve research in sources beyond traditional legal sources; attention to decision-making processes; initial drafts; instructor feedback; peer review; collaboration; and final documents.
COURSE CONTENT
A. Course Objectives
The proposed course aims for students to learn how to effectively address complex problems through the legislative process. Course objectives include:
• Analyzing and conceptualizing complex legal issues, and using legislation to address those issues;
• Developing organizational strategies for legislation;
• Structuring supporting legal arguments and documents (macro & micro structure);
• Using core writing techniques, including clarity, cohesion, concision, and Plain English;
• Writing "like a legislator";
• Incorporating decision-making techniques to achieve purpose and avoid unintended consequences;
• Meeting and serving the interests and needs of stakeholders;
• Mastering persuasive techniques;
• Using new editing techniques;
• Sharpening writing and editing skills using peer critiques.
D. Grading
The general purpose of the course will be the creation of a new federal or state statute, which the particularly ambitious student might present to an appropriate legislator for actual introduction and implementation. The source for such a statute will be the students’ own areas of interest. Given the scope of the undertaking, the students may work in pairs.
The major documents created during the course will be the proposed statute itself, as well as the supporting and justifying documentation. The students will work on this "principal project" all semester. They will work individually and in groups for smaller drafting exercises and peer review.
Research Report
In essence, this report will formally declare the subject matter that the student will address in his or her substantive writing during the semester. The Research Report will extend the students’ experience with persuasive brief writing, and direct that experience toward the support and justification of a new federal or state statute. The student's proposed statute will not be drafted. Rather, the report will introduce the issue that the proposed statute would address, and, in terms to be discussed in class, show that: a) the problem is substantive (students may not propose a statute prohibiting littering or open containers); b) the proposed statute would provide a solution or other appropriate response; and c) the proposed statute would assure implementation of its goals and further the underlying policy. In essence, while the research report is a legitimate part of the legislative drafting process, it also serves the pedagogical purpose of assuring that the students are giving thought to the material and are on track to meet deadlines.
Technical Report
When bills are pending, the legislators are provided with technical reports about the bills. Depending on the legislature, these may be partisan or non-partisan in nature. Students will be expected to research their "target" legislative body, and prepare the appropriate reports, along with the draft proposed legislation.
Proposed Legislation
Students will draft the statute they propose, taking into consideration its impact on policy; relationship with existing law; the means of funding, if applicable; delegation of powers, if applicable; intended interpretation; preparation of the necessary components.
First Drafts
Each of the major assignments– Research Report; Technical Report; proposed legislation– will assigned and timed so that the students will have the benefit of a graded, critiqued draft to use to produce the documents in final form.
Class exercises
Workbook-type exercises will focus on word choice, relationships among statutory sections; use of plain language, and other language skills. The exercises will also focus on drafting to assure that the document fulfills the purposes for which it is being drafted. In addition, the students will engage in a "negotiations" exercise, where class members will represent legislative stakeholders with varying, and sometimes opposing, interests that the drafters must accommodate. In this way, the students will have a practical diagnostic for how well their proposed legislation serves its purposes, and, in addition, obtain a sense of the "real world" pressures and influences that guide the drafting of legislation.
Peer review
Second drafts of the major documents will be peer critiqued in small groups. Here, the instructor will serve as a facilitator. Peers will critique, and the instructor will grade.
Conferences
The students will meet with the instructor one-to-one to discuss any issues that may be arising in the final drafting stage.
The assignments will be graded as follows:
Research Report 10%
Technical Report/draft legislation first draft 10%
Negotiations Exercise 10%
Technical Report/draft statute rewrite (peer-reviewed draft) 20%
Final Technical Report and proposed legislation 50%
Participation +/- one-half grade, at the instructor’s sole discretion
IV. ORGANIZATIONAL DETAILS
A. Class Meetings
The course will be structured as a two-hour seminar, meeting once per week for thirteen weeks. Classes will involve discussion of readings, workshops, in-class drafting and editing exercises, and peer review critiques by students, both individually and in small groups.
B. Prerequisites
Successful completion of legal analysis, research, and writing in the first-year writing program.
C. Enrollment Restrictions
Enrollment should be limited to fourteen students. Priority should be given to J.D. students, specifically those who have not yet fulfilled the upper-level writing requirements. LL.M. students should be allowed to enroll if fewer than fourteen J.D. students enroll
D. Instructor
William Blais received an A.B. in English from the University of Chicago, and his J.D. from IIT Chicago-Kent College of Law. Mr. Blais began his career as a law clerk to the Honorable Frank J. McGarr of the United States District Court for the Northern District of Illinois, and later, to Justice John M. O'Connor of the Illinois Appellate Court. In private practice, Mr. Blais was a civil trial attorney. His cases included patent litigation, employment discrimination, contracts, insurance, and bankruptcy. He has argued appeals before both the Illinois Appellate Court and the Iowa Supreme Court. He is a member of the Illinois and Iowa bars, as well as the federal trial bar, bankruptcy courts, and Federal Court of Claims. Before joining the faculty at Duke, Mr. Blais taught Legal Analysis, Research and Communication at DePaul University College of Law.
Writing assignments will surround one piece of proposed legislation. Students will be required to complete three substantial assignments: 1) Research Report calling for legislation, including empirical data justifying the legislation, a forecast of its impact on relevant public policy, and a description of the proposed legislation; 2) a Technical Report, a partisan or non/partisan report of the type that would be used to brief a lawmaker on the proposed legislation; and 3) the Proposed Legislation itself. The students will write these assignments around topics of their own interest, subject to instructor approval. In addition, the students will complete exercises aimed at developing a writing style appropriate to such reports, as well as to legislation. Coursework will involve research in sources beyond traditional legal sources; attention to decision-making processes; initial drafts; instructor feedback; peer review; collaboration; and final documents.
COURSE CONTENT
A. Course Objectives
The proposed course aims for students to learn how to effectively address complex problems through the legislative process. Course objectives include:
• Analyzing and conceptualizing complex legal issues, and using legislation to address those issues;
• Developing organizational strategies for legislation;
• Structuring supporting legal arguments and documents (macro & micro structure);
• Using core writing techniques, including clarity, cohesion, concision, and Plain English;
• Writing "like a legislator";
• Incorporating decision-making techniques to achieve purpose and avoid unintended consequences;
• Meeting and serving the interests and needs of stakeholders;
• Mastering persuasive techniques;
• Using new editing techniques;
• Sharpening writing and editing skills using peer critiques.
D. Grading
The general purpose of the course will be the creation of a new federal or state statute, which the particularly ambitious student might present to an appropriate legislator for actual introduction and implementation. The source for such a statute will be the students’ own areas of interest. Given the scope of the undertaking, the students may work in pairs.
The major documents created during the course will be the proposed statute itself, as well as the supporting and justifying documentation. The students will work on this "principal project" all semester. They will work individually and in groups for smaller drafting exercises and peer review.
Research Report
In essence, this report will formally declare the subject matter that the student will address in his or her substantive writing during the semester. The Research Report will extend the students’ experience with persuasive brief writing, and direct that experience toward the support and justification of a new federal or state statute. The student's proposed statute will not be drafted. Rather, the report will introduce the issue that the proposed statute would address, and, in terms to be discussed in class, show that: a) the problem is substantive (students may not propose a statute prohibiting littering or open containers); b) the proposed statute would provide a solution or other appropriate response; and c) the proposed statute would assure implementation of its goals and further the underlying policy. In essence, while the research report is a legitimate part of the legislative drafting process, it also serves the pedagogical purpose of assuring that the students are giving thought to the material and are on track to meet deadlines.
Technical Report
When bills are pending, the legislators are provided with technical reports about the bills. Depending on the legislature, these may be partisan or non-partisan in nature. Students will be expected to research their "target" legislative body, and prepare the appropriate reports, along with the draft proposed legislation.
Proposed Legislation
Students will draft the statute they propose, taking into consideration its impact on policy; relationship with existing law; the means of funding, if applicable; delegation of powers, if applicable; intended interpretation; preparation of the necessary components.
First Drafts
Each of the major assignments– Research Report; Technical Report; proposed legislation– will assigned and timed so that the students will have the benefit of a graded, critiqued draft to use to produce the documents in final form.
Class exercises
Workbook-type exercises will focus on word choice, relationships among statutory sections; use of plain language, and other language skills. The exercises will also focus on drafting to assure that the document fulfills the purposes for which it is being drafted. In addition, the students will engage in a "negotiations" exercise, where class members will represent legislative stakeholders with varying, and sometimes opposing, interests that the drafters must accommodate. In this way, the students will have a practical diagnostic for how well their proposed legislation serves its purposes, and, in addition, obtain a sense of the "real world" pressures and influences that guide the drafting of legislation.
Peer review
Second drafts of the major documents will be peer critiqued in small groups. Here, the instructor will serve as a facilitator. Peers will critique, and the instructor will grade.
Conferences
The students will meet with the instructor one-to-one to discuss any issues that may be arising in the final drafting stage.
The assignments will be graded as follows:
Research Report 10%
Technical Report/draft legislation first draft 10%
Negotiations Exercise 10%
Technical Report/draft statute rewrite (peer-reviewed draft) 20%
Final Technical Report and proposed legislation 50%
Participation +/- one-half grade, at the instructor’s sole discretion
IV. ORGANIZATIONAL DETAILS
A. Class Meetings
The course will be structured as a two-hour seminar, meeting once per week for thirteen weeks. Classes will involve discussion of readings, workshops, in-class drafting and editing exercises, and peer review critiques by students, both individually and in small groups.
B. Prerequisites
Successful completion of legal analysis, research, and writing in the first-year writing program.
C. Enrollment Restrictions
Enrollment should be limited to fourteen students. Priority should be given to J.D. students, specifically those who have not yet fulfilled the upper-level writing requirements. LL.M. students should be allowed to enroll if fewer than fourteen J.D. students enroll
D. Instructor
William Blais received an A.B. in English from the University of Chicago, and his J.D. from IIT Chicago-Kent College of Law. Mr. Blais began his career as a law clerk to the Honorable Frank J. McGarr of the United States District Court for the Northern District of Illinois, and later, to Justice John M. O'Connor of the Illinois Appellate Court. In private practice, Mr. Blais was a civil trial attorney. His cases included patent litigation, employment discrimination, contracts, insurance, and bankruptcy. He has argued appeals before both the Illinois Appellate Court and the Iowa Supreme Court. He is a member of the Illinois and Iowa bars, as well as the federal trial bar, bankruptcy courts, and Federal Court of Claims. Before joining the faculty at Duke, Mr. Blais taught Legal Analysis, Research and Communication at DePaul University College of Law.
Please note that course organization and content may vary substantially from semester to semester and descriptions are not necessarily professor specific. Please contact the instructor directly if you have particular course-related questions.