How to write a truly innovative paper
- Nadine Rinderknecht
- Dec 12, 2021
- 14 min read
Updated: Mar 16
With this 10-step process you will learn how to develop your intuition, mature your innovations, and conceptualize with an elegance and simplicity that will make readers wonder "Why didn't I think of that?".
Level: advanced
Content
Starting point
Innovation is an important component of an academic (legal) paper. It allows you to find creative solutions to new problems (e.g., in the digital economy) and to advance the discourse.
I'm not a fan of long introductions, so I only give you 3 remarks before we start:
The 10 steps are intended as mere inspiration. They cannot (and shouldn't) be followed rigidly in this order. You will see that you often go back and forth between the steps. For example, as the innovation matures (Step 7), you find out that you should add a new element whose core has to be identified (Step 4) and which should be put into perspective (Step 6).
If you're creative but don't have strong academic writing skills, you should be careful about writing disruptive papers. High creativity often leads to a wild mess of innovative thoughts. Be aware that it takes extra effort to present your ideas in an orderly manner and according to the strict rules of academic writing. Otherwise, readers may misunderstand your great idea at best or find it unconvincing and pointless at worst. However...
Don't be afraid to write a disruptive paper at a young age. Even in the worst-case scenario, you will learn more about the topic and academic writing from 1 disruptive paper than from 10 ordinary papers. If you want to progress fast, you have to challenge yourself.
Now let's start with the first step!
Step 1: Find a "free spot"
It's easier to "get more out" of an innovative topic than from a topic that has already been extensively studied.
Find a topic that has only been worked on a few times or, at best, never at all. This step is one of the most important, since the topic forms the framework in which you create innovations. If the topic or the research question isn't innovative, it will be difficult to produce innovative solutions. Since other scholars have already dealt in depth with known topics, it's simply easier to get more out of an untouched "free spot".
Such a "free spot" can be found, for example, as follows:
Choose an "element" that hasn't been dealt with yet (e.g., legally analyze a new technology); or
choose two "elements" that have already been discussed, combine them, and create something new (e.g., combine two theories).
For both scenarios, the term "element" can be either legal (e.g., new ruling, revised statute, or innovative approach in another legal paper) and/or non-legal in nature (e.g., emerging technologies, new business models, or economic forms such as trust economy).
Tip 1: Choose a fascinating topic. As is often recommended, you shouldn't only choose a topic with a "free spot" but also one that fascinates you. This will make the writing easier.
One area of law that still has many "free spots" is data protection law. People often say that practically all areas of law function in the digital world (or only need to be adapted superficially), while data protection law is the only area of law that also fails in its fundamentals. Hence, this relatively young area is highly controversial and ideal for critique and new solutions. We could almost say: The more broken the area of law, the better...
Working on an unexplored "free spot" also means that finding innovative solutions can be very demanding, especially for beginners. In my opinion, broad prior knowledge and experience in academic writing are crucial.
Tip 2: Switch to a simpler topic. If the topic is (still) too difficult for you, it may be necessary to switch to another topic that has already been assessed by a few other scholars. Their papers can be used as a basis for yours. Be aware, however, that this will reduce the novelty of your work and that you will not improve your academic writing skills as much if you take on a smaller challenge.
Tip 3: Write a "subsidiary paper". I strongly recommend that you don't give up on your interesting but difficult topic. Instead, see it as an exciting challenge and tackle it in a "subsidiary paper". This is a paper that you write over a long period of time (several months to years), in addition to simpler papers that take less time. This long period allows you to revise the "subsidiary paper" regularly as you expand your knowledge of the topic. However, the less experience and knowledge you have, the more iterations you will need to reach a high academic level. But remember that you can reach that level even if you start the paper as a beginner! If you need more tips, have a look at How to write a digital economy paper (Tip 6).
Tip 4: Find a "free spot" here How to find high-impact topics. If you still struggle to find a great topic, visit this blog post where you will learn how to use the Gartner Hype Cycle (Steps 2-3) and three types of indicators (Step 4) to find promising topics.
Step 2: Choose a good timing
The paper should be written or published neither too early nor too late.
Timing is crucial. The paper should be written or published neither too early nor too late. Too early means, e.g., that there is still little literature outside of the law. Here it's difficult to even see the contours of a (controversial) topic such as a technology that is still in its early stages and will continue to evolve (e.g., Decentralized Web). An early focus on such a topic is only justified in exceptional cases, such as when the technology is likely to have a major impact on society (also see Step 3).
On the other hand, waiting too long will lead to other people publishing legal papers on the chosen topic. This is advantageous for those who prefer not to take a risk and build on existing publications (e.g., critique, supplement, different focus). However, persons who seek to be the first to work on a topic shouldn't wait too long. An important indicator of good timing is a large and growing number of publications outside the law (e.g., natural sciences, information technology, economy, psychology). In this case, your legal paper can build on the solid foundation of non-legal papers.
Step 3: Assess the potential
It's pointless to write about something new if it might become obsolete in the future, or at least not very relevant to society.
After you have selected a "free spot" and evaluated its timing, you should assess the potential and estimate whether it will have a significant impact in the future. It's pointless to write about something new if it might become obsolete in the future, or at least not very relevant to society.
These indications could speak for a significant impact:
An expert person or institution predicts the potential (e.g., Gartner Inc. with the Gartner Hype Cycle).
The new element has already been considered many times from a non-legal perspective (e.g., natural science papers). If the element is an emerging technology, this is an indication that the technology itself could have a huge potential – and therefore also its legal analysis. Pay particular attention to technologies that will have an impact on society as a whole, not just a narrow group.
The new element was (also) founded by an influential person/company/organization and is driven by them towards market maturity (e.g., Tim Berners-Lee has a significant influence on the Decentralized Web together with Inrupt Inc. and the World Wide Web Consortium).
The new element is located in a broader context that could have a considerable impact (e.g., trusted technology like blockchain in the trust economy).
You can find more specific technological, social, and legal indicators for a promising technology in How to find high-impact topics (Step 4).
Tip 5: Don't spend too much time evaluating the potential. At least in the beginning, you should not spend too much time on this, because only with time can you develop an intuition for whether a topic has great potential or not. However, avoid topics that look obviously irrelevant to society.
Step 4: Create the foundation for intuition
By creating the foundation for the paper, you create the foundation for your intuition.
Your next step is to develop a clear foundation for the paper by reading, understanding, and writing about the "essence" of your topic. This might give you an intuition about the subject (especially if you're generally an intuitive person). In other words: By creating the foundation for the paper, you create the foundation for your intuition. This in turn makes it easier to find effective solutions. Remember: Only if you master the foundations, you can build innovation on top of them.
1. Read the literature
Start with a thorough reading of the relevant literature. Research right outside the topic is also recommended, as this "excessive" knowledge may be unexpectedly useful at a later stage (e.g., recognizing connections between ideas that were previously overlooked).
2. Understand the "essence"
It's crucial to recognize the "essence" of a matter, i.e., its peculiarities. Since people often mistakenly assume they understand a topic the first time they read it, I recommend reading differently worded sources on the same topic (e.g., 3-4 commentaries on the same provision). This way it's clear what a particular provision really is about. Otherwise, you might misunderstand the topic and argue past the issue (e.g., because you focus on peripheral rather than central points). Ultimately, reading different sources on the same issue also enhances your intuition.
Tip 6: Learn in a sprint. Read extensively about a narrow topic (e.g., a single provision or even a paragraph thereof) in a sprint. For me at least, I have found that I can easily develop intuition with this method, but not through sporadic learning over several weeks or months. So try out a sprint and if it doesn't work, switch to another method that suits you better.
3. Write orderly and clearly
Begin your paper with an overview chapter focused on the basics of the topic you will be discussing (e.g., in the chapter immediately following the introduction). As this is the foundation on which you innovatively build, it must be written as ordered and clearly as possible. First, if you write as clearly as possible, it's easier to understand what you're really writing about. Second, by systematically organizing your chaotic thoughts, you can understand the topic even better and increase your intuition.
Tip 7: Don't impress with fancy language. Impress with ideas. Use scientific and precise language, but avoid pompous expressions that sound good but are difficult to understand. Otherwise, it will not only be difficult for the reader to understand your standpoint but also for you to better understand the topic by writing about it. Don't fool yourself and others.
Tip 8: Order all the elements. By doing so, you will understand your topic even better. For example, try to order elements from general to specific. Or group similar elements together and then look at the higher-level connections between the groups. If necessary, sketch these elements/groups on a sheet of paper to better understand the larger picture.
Step 5: Fill the "free spot" with innovation
Never follow the mainstream.
The next step is to develop innovations on the foundation. For example:
Question the mainstream: Is it the best solution? Does the solution still work today, but is there a development that will challenge the viability of the solution in the future? Identify a societal change that you believe no longer fits the current law and propose a new solution (esp. fundamental critique). Examples: here and here. Also, note that it's certainly possible to hold mainstream views. However, writing a mainstream paper is strongly discouraged. Apart from the fact that, in my opinion, the mainstream is the home of the greatest boredom, you can hardly contribute anything to the discussion and not stand out from the crowd. Therefore, time and resources should rather be put into an innovative paper. Never follow the mainstream.
Find a problem that hasn't been solved yet (or that you can solve better): Your own solution can consist of developing a solution from someone else or finding a more independent/newer solution. In the latter case, you can also be inspired by solutions from other (legal) fields where similar problems have already met a good solution. You then only have to adapt that solution to your problem and its peculiarities. Example: here.
Describe a new development and its regulatory challenges: Identify the beginnings of a new development and describe its effects on society and the challenges for the law. Coin the name of the development by placing a catchy term prominently in the title. Example: here.
Identify a "large free spot" and write the first, comprehensive paper on it (40-60 pages): Since the "large free spot" allows you to address many new points, a properly structured table of contents is particularly important. Example: here. Note, however, that that's a more American perspective. In the DACH region, 10-12 pages are more common. However, if you have found a "large free spot" with significant potential (which is quite rare), you should jump on it and write the first, comprehensive paper. If necessary, distribute the topic over several papers like Part 1 and Part 2.
Tip 9: Try to recognize for yourself what constitutes an innovative paper. These are often (but not always!) papers that are cited a lot, have won important prizes, or were written by influential scholars. Once you have found these papers, try to derive general principles from them by asking: Why is this paper so successful? What makes it different from an ordinary paper? After that, write down the principles you have found so that you don't forget them.
Step 6: Restrict your innovation
Put your opinion into perspective.
In most cases, it's necessary to restrict your innovation. For example:
Put your opinion into perspective: If something new is proposed, you should anticipate the possible criticism and pre-empt it by putting your idea into perspective. For instance, if your idea is a better solution only in certain cases, the importance of your idea can be relativized and explicitly limited to those cases. Or your solution might not only solve old problems but also create new ones. In this case, argue that the new approach is nevertheless more advantageous overall.
Adapt the radicality of your solution to the problem: A more superficial problem often requires a less radical innovation and vice versa. Conversely, the most disruptive innovation isn't always the best solution and should be limited if you're only addressing a superficial problem.
Unite two extreme positions: Often, extreme positions are taken in the beginning, and only over time does a balance emerge in the middle. For example, if the prevailing view is A and your paper aims to address B, you may want to combine the two extremes A and B into a more general solution. This way, you can anticipate the process towards a more balanced solution (to some extent), risk less that someone else completes your theory and will be remembered/cited for it. In sum, approach B may be convincing on its own at first sight. However, farsightedness dictates a balanced solution of A and B already from the start. However, if A and B would make the paper too comprehensive, write two parts and address B in the first and A and B in the second.
Step 7: Let the innovation mature
The solution crystallizes in an iterative process.
The next step is to mature the innovation. The paper is to be put aside and, over a few weeks or even months, questioned, improved, questioned, improved, etc. In this iterative process, the solution crystallizes over time.
To omit this step is problematic. Example: Many of the fundamental critiques of data protection law are limited to listing the current problems and their solutions in a banal manner. In doing so, the problems are viewed in isolation from one another, the connections are ignored, and the big picture is missed... So don't miss this crucial step in the innovation process and plan enough time for it!
Tip 10: Turn it into a "subsidiary paper". Also in this case you could turn the paper into a "subsidiary paper", meaning you're already starting the next paper, but keeping this paper in the back of your mind and letting it mature over time.
Step 8: Lead the innovation to simplicity and elegance
Ultimately, the simplicity of the paper should open readers' eyes. They should be astonished and say: "Why didn't I think of that?!"
Closely related to the previous step is the ultimate goal of a simple and elegant solution. After all, the elegance that makes a good paper lies in its simplicity. However, it may happen that the thoughts have become innovative as a result of the maturing process, but at the same time, they have remained complex and chaotic. Gradually break these innovative thoughts down to a solution that is as simple as it's ingenious. Ultimately, the simplicity of the paper should open readers' eyes. They should be astonished and say: "Why didn't I think of that?!"
Note, however, that simple elegance is less about the maturation of the content (see previous step) and more about the maturation of the structure of the paper. In other words: On the way to simple elegance, you embed innovative elements in a well-thought-out structure. For example, rename headings for consistency or reorder paragraphs/chapters. Or identify connections between ideas, place them in a larger context, and abstract them to a core theme from which all your other ideas are derived (and possibly see additional, hidden ideas that can be derived).
Tip 11: Summarize everything in a one-pager or even a single sentence. If your work has become complicated and confusing over time, write a one-page summary about it. If necessary, you can go even further and craft a single sentence that describes the core of your paper. This will help you refocus on the essentials so that you can increase simplicity/elegance from there.
Tip 12: However, don't wait too long to submit/publish. Your paper will never be perfect and waiting too long could result in poor timing.
Step 9: Diffuse your paper and make an impact
The best paper is worth nothing if it has no impact.
Make sure that your paper is spread and read. Here are some suggestions:
Write your paper in English to increase your potential audience.
Publish your paper in a journal that reaches many readers (e.g., in an open-access journal).
Distribute your paper on other websites such as SSRN or your personal website (if possible).
Write a short abstract or a more visual summary of your paper (e.g., on your own website). This is especially useful for long papers of more than 15 pages. The barriers to the paper must be lowered as much as possible. Since readers often prefer no more than 10-12 pages, they might be put off by the length of a longer paper. So it's better if they read a mere summary than nothing at all. And who knows... Your fascinating summary may encourage readers to read the paper in its entirety.
Have an effective social media strategy and announce the publication of your paper (e.g., on LinkedIn).
Step 10: Return to step 1
Disruptive papers can meet with broad rejection. Don't let that discourage you and keep innovating.
Congratulations! You have now gone through all the steps and it's time for your next paper. Last but not least, some general tips.
Tip 13: Be inspired by entrepreneurs. Realize that writing an innovative paper follows a similar logic to entrepreneurship (e.g., finding a niche, solving a socially relevant problem with innovation, marketing your innovation). No, it's not about money. But you may (also) think strategically at each step and be inspired by the innovation processes within businesses and start-ups.
Tip 14: Keep playing your own game. Especially disruptive papers can meet with broad rejection – at least at the beginning. Don't let that discourage you and keep innovating. If you find this difficult because you still rely on the opinions of others, take a look at Play your own game.
Now, start innovating! 😎
Hello, I'm Nadine Rinderknecht
Founder of Blankpage. Experience in academia and law firms. Master of Law (University of Zurich) and other stuff.
Connect with me on LinkedIn.
Blankpage's mission is to inform about technology law and to inspire you to write innovative papers. Time to become a legal innovator.
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