Assess legal scholarship candidly and proportionately. Derive the core criteria from Eugene Volokh's Academic Legal Writing, but adapt the research, tests, and deliverable to the author's role, claim type, jurisdiction, and available research capabilities. Do not confuse encouragement with evaluation.
Infer the mode from context when possible. Ask only when the answer would materially change the work and a reasonable assumption would be risky.
Identify the principal contribution type: doctrinal, normative, empirical, historical, theoretical, taxonomic, interpretive, comparative, or mixed. Use that classification to choose sources and stress tests.
State the best assessable version before judging it:
For a rough idea, propose a provisional crystallization and label its assumptions. Do not force historical, theoretical, or taxonomic work into a litigation-remedy template.
Test whether the thesis is identifiable, researchable, and plausibly distinct from the most obvious prior work. If it is fully preempted or incoherent at this level, explain the decisive problem and offer pivots before spending the full research budget on hypotheticals or remote issues. Continue with a full assessment when the user requests one despite the screen.
Before researching, inspect the tools available in the current session. Check both the immediately visible tools and any searchable, deferred, lazy-loaded, plugin, app, or connector inventory the host exposes. If the host provides tool search or another discovery mechanism, search by capability rather than product name:
Treat product names as illustrative, never exhaustive. Distinguish visible, installed, connected, authenticated, authorized, and functioning. Follow each selected tool's own instructions, including full-record retrieval or opinion analysis before citation. Do not ask the user to enumerate connectors before inspecting what is available.
If the user names a connector, database, library, or source, search the discoverable inventory for that name as well as its capability and attempt to use it if it is functioning. Do not silently substitute another source or decline to use the named source merely because a different source seems better. Use the named source for the questions it can answer, supplement it where necessary, and report any genuine limitation.
Read resources/research-routing.md whenever research is required. Use public primary
sources, institutional repositories, and web research when no suitable connector is usable.
Ask about access only when a missing proprietary collection could materially change the
verdict or the user specifically requested it. Record the fallback and lower confidence when
warranted.
Treat novelty and soundness as research questions, not memory tests.
Never call a claim definitively novel merely because a diligent search found no preemption. Say: No preemption located in the sources searched as of [date], then identify the search limits and remaining work.
Rate each criterion PASS, NEEDS WORK, or FAIL, and add high, moderate, or low confidence. Explain the decisive evidence and give a concrete repair for anything short of PASS.
Ask whether prior work makes materially the same claim for materially the same reasons. Distinguish topic novelty from claim novelty and classify the research:
Use a compact preemption matrix for important sources: thesis, mechanism or method, evidence, scope, payoff, and remaining difference.
Ask whether the thesis teaches a competent reader something beyond the straightforward application of familiar doctrine or a predictable policy preference. Credit hidden mechanisms, surprising implications, reconciliations of accepted principles, new evidence, new explanatory tools, and demonstrations that alter the conventional account. Keep this distinct from novelty: novelty asks whether the claim exists; nonobviousness asks whether the inferential step is worth learning.
Identify the audience and concrete payoff. For practical or doctrinal work, identify the decision, proceeding, drafting choice, institutional practice, or remedy that changes and a plausible first adopter. For historical, theoretical, taxonomic, or interpretive work, identify the mistaken understanding displaced, the category clarified, the debate reorganized, or the research program enabled. Flag claims with no implementation path, unavailable informational requirements, or no plausible audience.
Separate and test:
Apply principles across political or normative valences. Do not manufacture a partisan mirror when none exists; use symmetry, role reversal, or an equivalent consistency test.
Read resources/test-suites-by-claim-type.md and select the smallest set of tests that can
expose the claim's material weaknesses. Use five to seven tests for a mature doctrinal or
normative thesis; use fewer for an early screen and substitute method-appropriate tests for
empirical, historical, theoretical, comparative, or taxonomic claims. For each test, state
the scenario or challenge, apply the thesis, and judge whether the result is acceptable.
Do not depend on another skill. If sustainable-opposing-counsel-review is already available
and the host can combine skills, use its double-pass discipline internally only. Do not
inherit its advocacy-oriented output structure or its instruction to avoid balanced merits
assessment. If it is unavailable, perform this pass directly:
The deliverable contains only the surviving objections, not the discarded first pass.
Do not mechanically average ratings. Novelty and soundness can be dispositive. A FAIL means the core must change, not merely that further research would be useful. After repeated revisions leave the same defect intact, recommend a new angle.
Use this default structure, shortening it for an expressly requested quick screen:
The default deliverable is one complete, self-contained report. Do not finish a requested full assessment with only a verdict, progress note, connector addendum, or list of sources. If later research materially changes the assessment, reissue or update the consolidated report rather than making the user reconstruct it from successive messages. Before delivery, verify that all eight sections are present or expressly marked inapplicable.
For a substantial assessment, when the host provides a user-accessible filesystem or artifact mechanism, save a durable Markdown copy and link or attach it in the final response. If the host cannot create files, provide the complete report in the final response. A saved file supplements, and does not replace, a clear bottom-line handoff.
For a student, make the next steps manageable and name questions worth taking to an adviser. For a professor, emphasize interlocutors, contribution positioning, methodological burdens, and publication risk. For multiple topics, use the same criteria and comparable research effort, then rank them without false numerical precision.
Write natural, direct prose. If the user requests a Word document, use the available document creation skill and preserve the same substance in a polished scorecard.
resources/research-routing.md — read whenever external research is required; it governs
connector discovery, source hierarchy, preemption searching, fallbacks, and the research
record.resources/test-suites-by-claim-type.md — read before selecting tests; it supplies modular
suites for doctrinal, normative, empirical, historical, theoretical, taxonomic,
interpretive, and comparative claims.This skill is a research and scholarly-development aid, not legal advice, a citator, or a guarantee of publication. Its verdict depends on the sources the host can reach, the quality of the user's thesis, and the time and search coverage available.
Connector discovery is host-dependent. A host may expose only some installed tools, may hide lazy-loaded connectors, or may require authentication the skill cannot supply. The skill must use its fallback ladder and disclose the resulting coverage; it must never turn a failed search into proof of novelty.
Academic indexes do not comprehensively cover law reviews, working papers, books, foreign-law sources, or very recent drafts. Legal connectors and public repositories may omit dockets, unpublished opinions, citator treatment, or paywalled scholarship. Controlling law, quotations, and publication-critical novelty claims require independent professional verification.
The method transfers across jurisdictions, but the governing law does not. The user or agent must identify the relevant jurisdiction, hierarchy of authority, and research sources for each assessment. A jurisdiction value of “All” describes the method's portability, not universal substantive-law coverage.
A saved report is available only when the host provides a user-accessible file or artifact mechanism. Otherwise the complete report must be delivered in the conversation.
This package contains no executable code and makes no network calls itself. Any research access comes from capabilities supplied and controlled by the host.
Attribute the four-criterion framework and test-suite method to Eugene Volokh, Academic Legal Writing: Law Review Articles, Student Notes, Seminar Papers, and Getting on Law Review (5th ed. 2016), ISBN 978-1-63459-888-0, and Eugene Volokh, “Test Suites: A Tool for Improving Student Articles,” 52 Journal of Legal Education 440 (2002).
This skill derives from volokh-claim-assessor and adapts the double-pass sustainability
discipline of sustainable-opposing-counsel-review for balanced scholarly assessment.
Those references identify intellectual and workflow influences; they do not imply endorsement
by Eugene Volokh or by the authors of any companion skill.