Avoiding Plagiarism: Resources and Techniques for Legal Researchers
Plagiarism is defined in the Section II of the Cleveland Marshall College of Law Student Honor Code as “copying and representing as one's own the works of another in whole or in part regardless of whether such work is copyrighted; using the ideas of another without proper attribution; or any other effort to pass off the works of another, in whole or in part, as the work of the student.” Plagiarizing is specifically prohibited by the code and a violation is subject to penalties under section IV. Allegations of law school plagiarism can affect a legal career: see Kerr v. Board of Regents, 15 Neb. App 907 (2007); Doe v. Connecticut Bar Examining Committee, 263 Conn 39, 818 A 2d 14 (2003).
Students can avoid the serious consequences of plagiarism by understanding all its forms, and recognizing the behaviors and habits that may lead to unconscious or unintentional appropriation of the work of another. Establish meticulous, careful note-taking habits, recording all the significant citation information for your sources right from the outset. Make sure that citation information is part of every draft you write so you never inadvertently fail to credit your source. Learn the rules of proper attribution and the art of paraphrasing. Start with:
- Don’t Plagiarize, by our Professor Claire Robinson May: a discussion of the different forms of plagiarism and examples of how lack of intent can still result in misappropriation.
- Law School Plagiarism v. Proper Attribution, (Legal Writing Institute, 2003). The Legal Writing Institute’s plagiarism policy, also posted on the LWI web page, discusses issues relating to law school plagiarism, rules for working with authority, an exercise and answer key demonstrating correct and incorrect uses of primary and secondary authority in a memorandum, and additional hypotheticals.
- Citing Responsibly: A Guide to Avoiding Plagiarism, 2006-2007 (George Washington University Law School Committee on Academic Integrity, 2003). Designed for students at George Washington University Law School, this guide includes numerous examples, solutions and tips.
- Mirow, Matthew C., Plagiarism: A Workshop for Law Students . Created by the author for LexisNexis, this guide takes students through several examples of paraphrasing, quoting and citing to legal authorities and sources in the creation of memoranda, court documents, academic and evaluative writing.
- Fischer, Judith D., “Avoiding Plagiarism in Legal Documents,” 68 Kentucky Bench & Bar (May 2006). The author discusses how plagiarism can arise in the preparation of legal documents and the necessity for proper attribution of sources in court filings.
Practice your skills and test how well you understand the rules. Several CALI (Computer Assisted Legal Instruction) Tutorials may illuminate the issues involved in plagiarism and citation defects: See:
- Plagiarism: Keeping out of Trouble , by Rebecca S. Trammel (CALI, 2006)
- Citation Forms for Briefs and Legal Memoranda, by Cathleen Wharton, Daisy Floyd and Bertis Downs IV (CALI 1999-2006) Practice and tips on Bluebook citation form
- ALWD Citation Form, by Darby Dickerson & Brooke Bowman (CALI, 199-2007)
Other online tutorials addressing the broader academic community include:
- Plagiarism: What it is and How to Recognize and Avoid It (Indiana University Instructional Support Services, 2004)
- The Plagiarism Court: You be the Judge (Fairfield University)
Further reading:
- Fajans, Elizabeth and Falk, Mary, Scholarly Writing for Law Students: Seminar Papers, Law Review Notes and Law Review Competition Papers (3d ed., Thompson/ West 2005) KF250 .F35 2005
- Lipson, Charles, Doing Honest Work in College: How to Prepare Citations, Avoid Plagiarism, and Achieve Real Academic Success (University of Chicago Press 2004). PN171.F56 L56 2004
- Posner, Richard A., The Little Book of Plagiarism (Pantheon Books, 2007) K1485 .P67 2007
JRN 10/24/2007