Any lawyers/law students, what is a descriptive memo and advice on writing one?

[pg600rr]

So I have done persuasive memos, inter-office style memos, briefs, etc. etc. but today I was in with my Prof. whom I am a RA for and she tells me she wants me to do a descriptive memo? I am researching a particular part of the CAA (Clean Air Act), it is part 169A which is suppose to protect/clean up visibility problems in certain zones of the country. She has me looking in to whether it has been amended since it inception (as far as I can tell it has not), the legislative history (I couldn't find any for this particular part of the CAA but my other Prof. says there has most likely got to be something), and any litigation pertaining to this clause (of which I have found about 25-30 cases, some 60 pages long).

Now my question is what is a descriptive memo? I am use to getting a legal question or researching a particular question and writing a memo with my findings or opinion or in some cases a persuasive memo, never a 'descriptive memo' in the sense that I am not giving an answer to anything....

Anyone know any websites that may help, have any advice, know of any books (my two legal writing books say nothing of this type of memo)...

 

[DNW]

Sounds like she wants a memo describing the CAA (what it is, how it originated, any amendments, etc.) and a snapshot of its current status.

If you don't know what she wants, why don't you just ask? Profs don't expect students to know everything, even law profs.

 

[Connemara]

Law school sounds like fun!

 

[NorCal]

Originally Posted by pg600rr

So I have done persuasive memos, inter-office style memos, briefs, etc. etc. but today I was in with my Prof. whom I am a RA for and she tells me she wants me to do a descriptive memo? I am researching a particular part of the CAA (Clean Air Act), it is part 169A which is suppose to protect/clean up visibility problems in certain zones of the country. She has me looking in to whether it has been amended since it inception (as far as I can tell it has not), the legislative history (I couldn't find any for this particular part of the CAA but my other Prof. says there has most likely got to be something), and any litigation pertaining to this clause (of which I have found about 25-30 cases, some 60 pages long).

Now my question is what is a descriptive memo? I am use to getting a legal question or researching a particular question and writing a memo with my findings or opinion or in some cases a persuasive memo, never a 'descriptive memo' in the sense that I am not giving an answer to anything....

Anyone know any websites that may help, have any advice, know of any books (my two legal writing books say nothing of this type of memo)...
Dude, just ask.

 

[pg600rr]

Originally Posted by DarkNWorn

Sounds like she wants a memo describing the CAA (what it is, how it originated, any amendments, etc.) and a snapshot of its current status.

If you don't know what she wants, why don't you just ask? Profs don't expect students to know everything, even law profs.

I have asked, and this is what she said:

"On the clean air act project, yes, I just want you to write about the section protecting visibility in national parks. It should be a descriptive memo, as if you were trying to explain the whole issue to a client who had encountered the issue for the first time.

It would be great for you to take a look at legislative history about the statute, if there is any. If there is none, indicate that as well. Then describe the statute (with CAA and USC citations). Then describe the regulations and any amendments, changes over the years (with CFR citations), and any EPA administrative actions to enforce the regulations and the court cases involving the statute, regulations, and other materials. I know there were cases to force the EPA to promulgate the regulations, and there were some challenges to the regs, as you indicate. Describe all the claims and the rulings by the courts. If there is any law review or other commentary that you can find, that would be great to have. You might check the EPA and U.S. Park Service websites, also the Dept. of Energy websites. "

I am having trouble putting it together. Like how do I set it up as far as style and outline, how to incorporate and discuss the litigation, should I be using endnotes, footnotes, or cites directly in the text (in articles I usually use endnotes and in memos cites in the text)? Should I break down each case (brief style) in chronological order one after another? or try and summarize some together? If I end up discussing all 25 cases individually that is gonna be pretty long and boring...

 

[hipcathobbes]

Maybe try briefly discussing the cases, or if it's really prohibitively long, pick out the trends in recent litigation. I can't imagine each of the 25 cases changes CAA much more than at the margins...?

 

[83glt]

I think she laid it out pretty clearly. Describe the law = 'descriptive memo'. Start with the statute and go from there. Look up cases. Surely your law library has some books on this act and cases that interpret it. Dude, you're in law school, start thinking like a lawyer. Don't make things more complicated than they need to be. Once you're working as a lawyer, you won't have time to complicate things. Keep it simple.

 

[jdcpa]

It seems all of the above have hit it. The organization might be something like this.

1. What was the legislative history, did the CAA replace something or did it develop organically to solve a problem. (brief).

2. What is the CAA? What does it do? What does it outlaw? How does an admin agency use it? How is it applied.

3. Are there any cases / additional statues that limit / change its meaning?

4. Does it look like congress or any case law looks like its about to limit or change it.

Over all its up to you. The basics is if someone or an entity thought that they were going to run afoul of the CAA what would they need to know. What would shape their action or response.

 

[DNW]

Your broad outline could be like this:

1. CAA: Background
2. Administrative Enforcement
3. Judicial Interpretation
4. Current Hot Topics
5. Legislative Development
6. Summary

In each of these major headings, you can dive deeper into sub-topics, depending how much space you have and how comprehensive you're striving for. Just give it some thought and you'll figure out where your sub-topics should go into these headings. You need not discuss all of the cases you've found, just include the major "watershed" cases.

As for formatting and citations, ask for Prof. as to how she wants it. If it's written for a client, you need to use as much common language as possible, and don't cite in the body of the paper.

 

[pg600rr]

Originally Posted by hipcathobbes

Maybe try briefly discussing the cases, or if it's really prohibitively long, pick out the trends in recent litigation. I can't imagine each of the 25 cases changes CAA much more than at the margins...?

Thanks for the info, it does seem quite a few of the cases reinforce some of the others or at the most give an intereptation not that far off from the earlier decision. Plus I am not focusing on the whole CAA she wants me to keep my focus on only 169A of the CAA.

Originally Posted by 83glt

I think she laid it out pretty clearly. Describe the law = 'descriptive memo'. Start with the statute and go from there. Look up cases. Surely your law library has some books on this act and cases that interpret it. Dude, you're in law school, start thinking like a lawyer. Don't make things more complicated than they need to be. Once you're working as a lawyer, you won't have time to complicate things. Keep it simple.

I have all the cases and have done all the research, I was more concerned with what the best way to put it together would be.

Originally Posted by DarkNWorn

Your broad outline could be like this:

1. CAA: Background
2. Administrative Enforcement
3. Judicial Interpretation
4. Current Hot Topics
5. Legislative Development
6. Summary

In each of these major headings, you can dive deeper into sub-topics, depending how much space you have and how comprehensive you're striving for. Just give it some thought and you'll figure out where your sub-topics should go into these headings. You need not discuss all of the cases you've found, just include the major "watershed" cases.

As for formatting and citations, ask for Prof. as to how she wants it. If it's written for a client, you need to use as much common language as possible, and don't cite in the body of the paper.


Thanks, this looks good, I think I will try and lay it out in a similar way, as for cites I am leaning towards endnotes.

 

[jagmqt]

Sounds to me like it would be similiar to the Statement of Facts in a brief or office memo...just a chronology...

I've checked 3 legal writing books I have and none the term "descriptive memo"...

Good luck.

jag

 

[mishon]

Originally Posted by pg600rr

as for cites I am leaning towards endnotes.
Then it is not a legal memo. Partners / clients hate flipping back and forth. Use footnotes.

 

[pg600rr]

Originally Posted by mishon

Then it is not a legal memo. Partners / clients hate flipping back and forth. Use footnotes.

the prof. just worded it as a 'descriptive memo', it is not going to a partner/client, so I think a LR article format is more appropriate.

 

[theincumbent]

If this is a legal memo: go buy a Bluebook.

It is the standard for Law Reviews across the country.

In a legal memo, citation will be internal - so no footnotes, etc.

If you are a law student just do the kind of memo they taught you in legal methods/legal writing I.

 

[pg600rr]

^Okay some of this advice needs to just stop, I was asking a question about setting up and structuring the 'memo', I am not a marsupial...

I have a bluebook, I use it quite often. My bluebook and all others help with cites not with constructing a 'descriptive memo'. I dont need help on how to cite.
I have written various memo's, edited LR articles, drafted complaints, jury instructions, and various other pleadings.
I have done all the research for this project.
I am in the process of reading all the cases.
All I needed was ideas on how to structure it and DarkNWorn has graciously provided that answer.