Using Research Memos to Foster a Higher Level of Learning

North & South Carolina Legal Research & Writing Colloquium

May 21, 2008

Maureen A. Eggert

Wake Forest University School of Law

From Dolly Parton to Bloom’s Taxonomy

We Will Cover:

• What is a research memo?

• Why use a research memo?– Student, professor and general views

• Bloom’s taxonomy

• Development of the research memo

• Grading the research memo

• What does & does not work

What is a Legal RESEARCH Memo?

• It is NOT a Legal Writing Memo.– No IRAC or other formula– Not in depth analysis and application of

selected primary sources

What is a Legal RESEARCH Memo?

• A Research Memo is: – A much less structured memo.– An initial search for possible causes of actions

for a set of facts.– A precursor to a legal writing memo.

Why Use A Research Memo?Student View

• “Relevant” or real world experience

• Finite amount of time required

• Feedback- amount and timeliness

“It’s hard but a good experience”

Why Use A Research Memo?Instructor View

• Grading– Grades tend to fall into a natural curve (this

works well with our writing grades.)– Time grading is similar to essay exam,

research log, or multiple problem sets

• Flexible for scheduling

• Permits complete, timely feedback

Why Use A Research Memo?

• It requires the most sophisticated level of learning on the Bloom’s Taxonomy pyramid.

BLOOM’S – OLD & NEW

Mary Forehand, Bloom’s Taxonomy (from Emerging Perspectives on Learning, Teaching and Technology

Remember

Understanding

Applying

Analyzing

Evaluating

Creating

Development of the Research Memo

• How I teach 1L Legal Research – research strategies

• In class exercise

– 2 secondary resources• Group assignment with feedback

– Introduction to state statues• Group assignment with feedback

– 2 cases/digests/citators • Group assignment with feedback

2006 - 2007

• Polly Darton, Jolene– alienation of affection & criminal conversation– Damages for same

• Mr. Huffnagle, Damian & Ms. Moon– NCLB & IDEA

2007- 2008

• Mrs. Lymkiller & Frou Frou– Recovery for loss of a pet

• NC – cruelty statute• FL – case law allowing emotional distress for

intentional killing of a pet

• Low-flying teen– FAA regulations & NC statutes

Notes to Students About Aviation Memo

• The fact pattern I gave you is a REAL newspaper article, so do not expect it to include specific legal terms for your research. If you find a likely cause of action for the facts, do not be concerned if it does not use the exact wording from the article.

• You are not required to use IRAC or other memo formats. However, if you are comfortable using a familiar format with headings, do so.

• You will not lose points for a tenuous argument so do not be afraid

to include some possibly weaker arguments; just make sure to acknowledge them as “possible causes of action” rather than your top choice. (Think of the Frou Frou memo where some actions were better/stronger than others). This does not mean spend hours digging for any possible shred of an argument but, if one looks feasible, you will not be penalized if you include it.

Grading Research Memos

• Rubric of expected resources but I do not use specific number of points– Permits new discoveries and/or changes– Can factor in clarity of writing & citation

• Depends on your style & preferences

What Works• Interesting topics

What Works

• Interesting topics

• Requirement (either in the instructions or the way the problem is written) to find/use secondary sources

• Including “Scope of Research Section”

• Work as individuals – No Groups

What Needs to Change• Keep it simple.

– Fewer details to distract/confuse students

• Clearer initial instructions but fewer after the memo is handed out.

• Quicker turn around for grades & feedback.

What May Be Added

• Possibly add a requirement to consider and document cost effectiveness of searches.

• Might use a modified version of McMillian Binch Mendelsohn’s research memo instructions.– http://www.mcmillanbinch.com/StudentSurvival.aspx?

What Next?

Janie’s Got a Gun

Dum, dum, dum, honey what have you doneDum, dum, dum, it's the sound of my gunDum, dum, dum, honey what have you doneDum, dum, dum, it's the sound, it's the sound...Nah, nah, nah, nah, nah, nah....

Janie's Got A GunJanie's Got A GunHer whole world's come undoneFrom lookin' straight at the sunWhat did her daddy doWhat did he put you through

They say when Janie was arrestedThey found him underneath a trainBut man, he had it comin'Now that Janie's Got A GunShe ain't never gonna be the same

Sample Introductory Paragraph

• Allen Morris could be facing Federal and North Carolina charges for his flying stunt. Morris took a Cessna and flew very low, maybe only seventy-five feet above a stadium while a high school football game was taking place. A football was then thrown from the plane onto the field. These actions may have violated several federal regulations and possibly North Carolina criminal laws as well. The Federal Aviation Administration (“FAA”), and the National Transportation Safety Board (“NTSB”) have power to sanction Morris, and have broad discretion in determining what those sanctions will be

Sample II Last month Mr. Alan Morris flew a rented Cessna 172 over the crowd at his high school’s football game and dropped a football from the plane onto the field. Assuming the facts in the newspaper report about the incident are true, these actions by Mr. Morris violate several federal regulations promulgated by the Federal Aviation Administration (“FAA”), as well as North Carolina criminal statutes.

First, Mr. Morris violated FAA regulations. Witnesses in the stands stated the plane flew as low as 75 feet off the ground and that it flew lower the tops of the stadium lights. These actions are prohibited under 14 C.F.R. § 91.119(b) (2008) which bans flying lower than “an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft… over any open air assembly of persons.” These actions are also proscribed by 14 C.F.R. § 121.657 (2008). It is unclear from the article if Mr. Morris was flying under Visual Flight Rules (“VFR”) or Instrument Flight Rules (“IFR”) but assuming the football game took place at night, § 121.657(c) will apply for either circumstance. This section states that, notwithstanding § 91.119, “no person may operate an aircraft under IFR including over-the-top or at night under VFR at an altitude less than 1,000 feet above the highest obstacle within a horizontal distance of five miles from the center of the intended course….” These statutes take their authority from 49 U.S.C.A. § 106, which defines the functions and purposes of the FAA and its….