Students at the University of Michigan Law School are able to submit Notes for consideration for publication in the Michigan Law Review. The Res Gestae will be interviewing student authors whose Notes will be published in Vol. 123 of the Michigan Law Review to ask them about their experiences writing and submitting Notes.
Derek Zeigler is a Michigan Law alumnus, who currently works as a judicial clerk for the Honorable Robert E. Payne in the Eastern District of Virginia. He graduated from the University of Michigan with a dual JD/MPP degree. Derek’s initial plan was to work at the Department of Justice following his clerkship but currently plans to work in voting rights and election law and is actively searching for a position in a public interest organization specializing in those fields.
Derek’s note, As the Rainstorm Continues, Must We Throw Out the Raincoat Too?: Private Enforcement of Section 2 of the Voting Rights Act, is his second published note in Michigan Law Review, and it discusses recent Supreme Court jurisprudence weakening Section 2 of the Voting Rights Act (VRA) and any potential racial discriminatory implications. The major question the Note analyzes is the 8th Circuit’s recent decision weakening the implied right of private action included within Section 2 and the negative consequences if the Supreme Court were to adopt this position.
Derek was inspired to write his piece because of his preexisting interest in voting rights law. From a high level, he took Voting Rights Law with Professor Katz his 2L year. Their class discussed Section 2 of the VRA and its previous jurisprudence. His interest was piqued with the class’s small mention on the implied private right of action. He spent more time on this topic over his 2L summer: “I was interning with the Brennan Center [for Justice] and their democracy program, and they had me do a research project on that topic in more detail. And then I got to learn about the topic a bit more … and then I was like, okay, look, I think I could write something on this.”
What triggered his decision to fully research and write his Note was activity in the circuit courts, in particular the 8th Circuit. It initially began as a “traditional circuit split” type of note, but it went through about three rounds of edits before it was finally accepted to be published in the June MLR notes call.
Derek’s biggest help in his writing process was Professor Rebecca Eisenberg and Professor Nina Mendelson’s Student Scholarship Workshop, which gives students advice on how to begin writing Notes, provides assistance throughout the writing process, and just gives a student the opportunity to read through a Note many times before submitting it for publication.
His biggest obstacle in both his Notes was the issue of preemption, “especially when you’re writing on a very hot button or a complex issue that is actively being litigated.” MLR notes must tackle a novel, unsettled, or changing problem. If the Supreme Court takes up a Circuit Split or an issue during a student’s writing process, it could create a potential preemption problem. For Derek, he was uncertain of whether or not the Supreme Court would take up the issue prior to publication.
While it can be difficult to deal with active litigation, Derek’s advice on preemption challenges is to keep in contact with the Notes Office and your editors. “The best way to address that is to try to incorporate it throughout the process as much as you can, keep it in your mind … but [the Notes Office] will help you think of ways to like rewrite the portions that may have been preempted or to kind of create a new spin on areas to make sure that … it can still go to publication because … they want to work with you.”
Another piece of advice Derek has for prospective student Note authors is to use the resources the University of Michigan Law school provides. The library is a great resource, in particular for notes that focus on statutory interpretation and may require vast amounts of legislative history. Lexis and Westlaw are also platforms that law students may take for granted, as not every future employer will provide access to these resources.
Something students don’t often think about is a potential coauthor. “Writing it with [a coathor] was like a blast and just allows you to get a lot of different perspectives … and makes you think about topics more and compromise.” Consulting with others is an important part of every writing process, but having a partner to consult with along the entire project gives a benchmark of comparison and discussion throughout the entire undertaking.
While Derek found his note process very rewarding, he believes that not every student should write a Note if they don’t want to. “Don’t try to force it. If there’s something you are really interested in, it’ll come to you. And at that point … let it start as a little idea and then percolate something more.” Overall, Derek’s process shows the importance of developing your own interests, keeping up with legal topics that are important to you, and evolving your research in different stages of your education and career.
Managing Editor Payton DeWitt can be reached at paydew@umich.edu.
