Legal writing from research: articles, case comments and notes

1. The forms of research-based legal writing

2. The research article

Start with a claim. Eugene Volokh’s Academic Legal Writing advises that an article should make a claim that is novel, non-obvious, useful and sound, and that the writer should be able to state it in a sentence or two before writing. A topic (“the right to privacy”) is not a claim; “the proportionality test in Puttaswamy has been applied without its necessity stage in later surveillance cases” is.

Structure.

1. Title and abstract — the abstract states the problem, the claim and the contribution in under 250 words.
2. Introduction — the problem, why it matters, the claim, and a roadmap of the parts.
3. Background — only as much law and literature as the argument needs.
4. The argument — in parts, each advancing the claim; doctrinal analysis, data or comparative material as the method requires.
5. Objections — the strongest counter-arguments, answered.
6. Implications and conclusion — what follows for courts, legislators or scholars; no new argument.

Process. Read widely enough to know that the claim is new; test it against the best contrary authority; write a full draft, then revise for structure before style; check every citation against the source; submit to a peer-reviewed journal. Indian journals include the Journal of the Indian Law Institute and the reviews published by the national law universities; the UGC-CARE list identifies journals recognised for academic purposes.

3. The case comment

A case comment explains and evaluates a single judgment: what the court decided, why, whether it was right, and what it will mean. It is the form most directly connected to the skills of the Bar and the bench.

Structure.

1. Citation and bench — full name, neutral citation, date, bench strength, author of each opinion.
2. Facts — only the material facts.
3. Issues — the questions of law, framed precisely.
4. Arguments — the main contentions on each side.
5. Decision and reasoning — the holding, the ratio, and notable concurring or dissenting opinions.
6. Analysis — consistency with precedent and the binding force of earlier larger benches; quality of the reasoning (gaps, unstated assumptions, use of foreign law); consequences for future cases; comparison with other jurisdictions.
7. Conclusion — an overall assessment and what should happen next (larger bench, legislation, further litigation).

A model outline. A comment on K.S. Puttaswamy v. Union of India, 2017 INSC 801 (nine judges) would set out the reference, the issue whether privacy is a fundamental right, the holding that it is protected under Article 21 and Part III, the express overruling of the observations in M.P. Sharma and Kharak Singh, and the plurality’s statement that the majority in ADM Jabalpur v. Shivkant Shukla, 1976 INSC 129, was seriously flawed. The analysis would ask whether the different opinions agree on a test for limiting privacy, and how later courts have applied it.

4. Notes

A note is shorter than a comment and more descriptive. Kinds:

• Case note — a brief report of a recent decision with a paragraph of comment, often written for practitioners soon after the judgment.
• Legislative note — the background, main provisions and likely problems of a new Act, Bill or set of rules.
• Recent developments note — a survey of several recent decisions or changes in one area.

In American law reviews “Note” also names a student-written article, often of substantial length; in Indian usage it usually means the short descriptive piece. A note should be accurate, current and clear about what is fact and what is the writer’s view.

5. Style and citation for all forms

• Plain, precise English — short sentences, active voice, no legalese; define terms once and use them consistently.
• Paragraphs that argue — each begins with its point and supports it.
• Accurate quotation — quote sparingly and exactly; paraphrase otherwise, with citation.
• A consistent citation style — OSCOLA, the Bluebook, or the journal’s own style; the Supreme Court’s neutral citation (in the form 2017 INSC 801) where available.
• Verification — every case, section and quotation checked against the source; the writer, not a database or an AI tool, is responsible for accuracy.
• Integrity — acknowledgement of all sources and of help received (see the notes on plagiarism and on objectivity and ethics).

How this is examined

Expect short notes on “writing a case comment”, “writing a research article” or “legal writing based on research”, or an essay on research report writing that includes these forms. Give the purpose of each form, its structure as a numbered list, an illustration (the Puttaswamy outline above), and the rules of style and citation.