When engaging in legal analysis, avoid being conclusory. As I tell my 1Ls, always follow the advice of Dorothy from the song Follow the Yellow-Brick Road (emphasis added):
If ever, oh ever, a Wiz there was the Wizard of Oz is one because
Because, because, because, because, because
Because of the wonderful things he does.
Always give the “because.” If you state a conclusion (that the Wizard of Oz is a “Wiz”), make sure you give the reasons — i.e., state the issue, rule of law, analysis, and counter-analysis — that support the conclusion. Thus, always make sure you’ve given the “because, because, because.” Why is he a wizard? Because of the wonderful things he does.
Of course, Dorothy’s analysis is still lacking. She says the Wizard of Oz is a Wiz because of the wonderful things he does. What are those things? Explain. Why are those things wonderful? Because . . . . And so on. So Dorothy shows what should be done: always give the “becauses.”
An illustration of what not to do can be found in Monty Python’s classic sketch Argument Clinic. When I was in law school, one of my professors would mock students who engaged in what he called “Monty Python” arguing. In the sketch, Michael Palin buys a five-minute argument. John Cleese, in turn, simply contradicts everything Palin says. Exasperted, Palin argues with Cleese over what is a proper argument:
Palin: An argument is a connected series of statements to establish a definite proposition.
Cleese: No it isn’t.
Palin: Yes it is! It’s isn’t just contradiction.
Cleese: Look, if I argue with you, I must take up a contrary position.
Palin: But it isn’t just saying “No it isn’t.”
Cleese: Yes it is!
Palin: No it isn’t!
Cleese: Yes it is!
Palin: Argument’s an intellectual process. Contradiction is just the automatic gainsaying of anything the other person says.
Cleese: No it isn’t.
Advice part I (life and stress) here.
Advice part II (studying and attitudes) here.
Advice part III (back up your data) here.
Advice part IV (essay exams) here.
Advice part V (conclusory argumentation) here.
Advice part VI (incomplete argumentation) here.
