III.

WRITING THE INTRODUCTION

A. The Role of the Introduction

B. Show That There's a Problem, and Do So Concretely
C. State the Claim
D. Frame the Issue
E. Some Ways to Start the Introduction
1. Start with the concrete questions you will try to answer
2. Start with concrete examples
3. Start with an engaging story
4. Start with a concrete but vivid hypothetical that illustrates your point
5. Start with an explanation of a controversy
6. Start with an argument or conventional wisdom you want to rebut
G. Organize the Introduction as a Roadmap

IV. WRITING THE “BACKGROUND” SECTION

A. Focus on the Necessary Facts and Legal Rules

B. Synthesize the Precedents; Don't Summarize Each One

V. WRITING THE PROOF OF THE CLAIM

A. Show Your Prescription Is Both Doctrinally Sound and Good Policy
B. Be Concrete
C. Use the Test Suite
D. Confront the Other Side's Arguments, but Focus on Your Own
E. Turn Problems to Your Advantage
1. Improve your argument
2. Refine your claim
3. Acknowledge uncertainty
4. Acknowledge costs
F. Connect to Broader, Parallel, and Subsidiary Issues
1. Make your article richer: Go beyond the basic claim
2. Connections: Importing from broader debates
3. Connections: Exporting to broader debates
4. Connections: Importing from parallel areas
5. Connections: Exporting to parallel areas
6. Connections to subsidiary questions
7. A cautionary note

VI. THE CONCLUSION, AND AFTER THE CONCLUSION

A. Write the Conclusion

B. Rewrite the Introduction After the Draft Is Done
1. Rewrite the introduction in light of how your thinking has changed
2. Note all your important and nonobvious discoveries
C. Decide What to Set Aside

VII. FINISHING THE FIRST DRAFT, AND THE ZEROTH DRAFT

A. Defeat Writer's Block by Skipping Around

B. The Zeroth Draft
C. As You Write, Use Subsection Headings
D. Use a Table of Contents
E. Note Down All Your Ideas