Mississippi Law Journal s Guide to the Bluebook

Transcription

1 Mississippi Law Journal s Guide to the Bluebook TABLE OF CONTENTS REASONS TO LEARN THE BLUEBOOK... 1 INTRODUCTION TO THE BLUEBOOK... 1 STEP-BY-STEP CHECK LIST... 2 Quick Reference Chart... 3 Textual Support... 4 Typeface Conventions... 4 Abbreviations... 5 Capitalization... 5 Quotations and Omissions... 6 Use and Order of Signals... 7 Id., Supra, Infra, Hereinafter, etc Parentheticals Subdivisions Spacing Citation Form General Rules Constitutions Statutes Cases Legislative, Administrative, and Executive Materials Secondary Materials BOOKS PERIODICALS Unpublished Materials Electronic Sources No Bluebook Rule ADDITIONAL RESOURCES... 22

2 FOUR REASONS TO LEARN HOW TO USE THE BLUEBOOK 1. The Bluebook is the standard citation manual for scholarly legal publications. 2. The Bluebook provides for uniformity of citations throughout a legal publication. 3. Proper application of the Bluebook allows readers to easily locate the authorities cited in a work. 4. Proper application of the Bluebook reflects on the quality of a scholarly legal publication. INTRODUCTION TO THE BLUEBOOK 1. Blue-pages vs. the Rest of the Bluebook a. Prior to joining the Journal, many of you may have relied on the bluepages in the front of the Bluebook. While the blue-pages offer a quick reference point for many authorities, these pages are practitioner guides for everyday citations. Therefore, they do not meet the standards of Journal editing, and the examples should only be used with caution and in conjunction with the rest of the book. 2. Quick Reference: Law Review Footnotes a. Located on the inside front cover, this table is the starting point for quick-reference to the rules. b. The examples are only for illustration and miss many nuances. When in doubt, follow the examples within the rule rather than those listed in the quick reference. 3. General rules of Citations and Style: Bluebook Rules 1-9 a. These rules provide for standards of citation and style to be used throughout legal writing. This is where one will find rules about: i. Typefaces ii. Abbreviations iii. Capitalization iv. Signals v. Short Citation Forms (id., supra, infra, and hereinafter) 4. Specific Rules for Different Types of Authority: Bluebook Rules a. Each Rule generally includes: i. A sample entry highlighting the elements of the citation 1

3 ii. Basic citation form iii. If applicable, how to choose the proper citation form iv. Explanations of the elements of the citation v. Special citation forms vi. Short citation forms 5. Tables of Jurisdiction and Abbreviations a. Table 1 covers U.S. Jurisdictions b. Tables 2 & 3 cover foreign and international jurisdictions c. For each jurisdiction, authorities are listed as follows: i. Case law sources ii. Statutory materials iii. Regulatory materials iv. Official administrative reports or publications 6. Preferred Sources a. You must cite to the preferred source unless the authority is not available in that source. b. The rule for different types of authority also indicates the order of preference when multiple sources exist. c. For books, journals, and other secondary materials, the preferred source is the original print source. d. For Journals, MLJ uses Hein Online, which contains PDFs of the original pages of the Journals and Law Reviews. 7. Index a. The Bluebook index is a wonderful resource. When in doubt, search the index to locate the appropriate rule STEP-BY-STEP CHECKLIST Even though each of you will develop your own system and methodology for completing your edits, the following checklist provides a starting point for items you need to ensure are correct. Remember: the Bluebook does NOT provide the answer to every citation. You will encounter citations where you will need to ask for help, and you should not hesitate to request assistance from anyone on the Journal. 2

4 What to do Bluebook Explanation Reference 1. Check source for textual support BB 2.2 IV. 2. Check typeface conventions BB 2.1 & 2.2 V. Books BB 15 & 2.1(b) Periodicals BB 16 & 2.1(c) Cases in text BB 2.2(a)(i) Cases in footnotes BB 2.1(a) 3. Check Abbreviations BB 6 VI. 4. Check Capitalization BB 8 VII. 5. Check quotations & omissions within quotes BB 5 VIII. 6. Check use and order of signals BB 1.2 IX. 7. Check use of id., hereinafter, etc. BB 4.1 & 4.22 X. 8. Check parenthetical BB 1.5 XI. 9. Check subdivisions, including page numbers and pinpoint citations BB 3 XII. 10. Check spacing Various XIII. 11. Check order & cite form of authorities BB 1.4 & T. 1 XIV. Constitutions BB 11 XIV (B) Statutes BB 12 XIV (C) Cases BB 10 & 18; T XIV (D) 6 & 10 Name of Parties BB 10.2 Volume # of reporter BB 10.3 Name of reporter BB 10.3 First page of reporter BB 10.3 Date of decision BB 10.5 Court designation BB 10.4, T.1 Parenthetical information BB 10.6 Relevant prior or subsequent history BB 10.7 Writ history BB 10.7 Legislative, Administrative & Executive BB XIV (E) Materials Resolutions, Decisions & Regulations of BB 20 Intergovernmental Organizations Secondary Materials BB 15 XIV (F) Books, Pamphlets and Collected Works BB 15 Author s name BB Title BB 15.2 Editors, translators, publishers, Volume BB , BB 15.4 Essay title, form BB 15.5 Periodicals BB 16 3

5 Author s name BB 16.1 Note, Comment etc. BB 16.1 Title BB 16.3 Date & pinpoint BB 16.9 Name of periodical T. 13 Unpublished Materials BB 17.1 XIV (G) Electronic Resources BB 18 XIV (H) 12. Cross-references BB 3.6 CHECK SOURCE FOR TEXTUAL SUPPORT Once you begin editing, your first task is to locate the textual support in an appropriate source for each statement made in the article. Some sentences will not need a footnote because the author is creating their own analysis. However, the vast majority of sentences will need footnotes. 1. Noting the pertinent information in the stack check: a. Quotes: i. Highlight the quote ii. Check each quote word for word, including punctuation b. Paraphrase: i. Bracket the beginning and ending point of the pertinent information in the referenced authority in red ink 2. Missing Authorities: a. In the case of missing references, please notate with a track changes bubble that the textual sentence is missing a citation. b. If easily discernible, please locate the proper source and include this information in the bubble. c. Staff editors do not add the footnote to the document d. EAEs will be responsible for adding any additional footnotes after the documents have been merged. CHECK TYPEFACE CONVENTIONS (BB R. 2) 1. The Bluebook uses ordinary type, italics, and LARGE and SMALL caps. 2. BB R. 2 will be applicable to every citation you encounter. 3. Typefaces in Citations (BB R. 2.1): a. Always use this rule for authorities within footnotes EXCEPT when textual sentences appear in footnotes. 4

6 4. Typefaces in Textual Material (BB R. 2.2): a. Use this rule when an authority appears within the main text or in a textual sentence within a footnote. All references to authority in textual material should be in ordinary type EXCEPT case names, publications, speeches, or articles, which are all italicized. 5. Italics may also be used for emphasis, and foreign words and phrases may be italicized (BB R. 7). CHECK ABBREVIATIONS (BB R. 6) 1. While the Bluebook provides dozens of abbreviations, those that are not provided are discouraged. 2. Usage may determine whether a term or phrase is abbreviated. a. Example: United States is never abbreviated in case names but may be abbreviated for other purposes 3. Note special rules regarding abbreviations that have single capitals: a. Example: B.U. L. Rev. (not B.U.L. Rev.) 4. Cases: a. The most complicated rules are for citing cases. b. Abbreviate any word listed in T. 6. c. Abbreviate any geographical unit listed in T. 10 unless it is a party. Then refer to BB R. 10 for guidance. d. When using case names in textual sentences, only abbreviate well known acronyms, such as CIA, FBI, NAACP, ACLU, etc. and the following eight words: &, Ass n, Bros., Co., Corp., Inc., Ltd., and No. 5. Journals/Law Reviews: a. Use T. 13 for guidance on abbreviating periodical titles 6. See BB R. 6 for references to other tables covering abbreviations for other groups of words or types of materials. CHECK CAPITALIZATION (BB R. 8) 1. Headings and Titles a. Always capitalize: initial word, the word immediately following a colon and all other words. b. Do not capitalize articles and conjunctions/prepositions of four or fewer letters. 5

7 i. Exception: Unless they are the initial word or the word immediately following a colon. 2. Other words commonly used in legal writing may be capitalized depending on usage. a. Examples: act, court, constitution, federal, etc. CHECK QUOTATIONS & OMISSIONS WITHIN QUOTES 1. Quotations (BB R. 5.1) a. When material is directly quoted, your first task is to check for wordfor-word accuracy. This includes ensuring punctuation is correct. b. You should next determine the length of the quote (highlighting the quoted material allows for a quick reference in the bottom left hand of your screen with a word count). i. If the quote contains 49 or fewer words, please follow BB R. 5.1(b). ii. If the quote contains 50+ words, please use BB R. 5.1(a). 2. Alterations and Quotations within Quotations (BB R. 5.2) a. Substitutions of words or alterations of words, including the omission of letters commonly used to change the tense of a verb, should be noted with brackets. b. A parenthetical clause should be used if the author has altered the quoted materials in any way. This would include parentheticals regarding emphasis added, internal quotations omitted, etc. i. Please note, the order of the parenthetical clauses should abide by BB R. 1.5(b). c. You will often encounter quotations within quotations due to the prevalence of certain phrases in law. i. The Bluebook prefers to use a quotation within a quotation, and the rule can be found at BB R 5.2(e). 1. This may require you to extend your search from the author s material and find the origin of the quoted material. ii. If using a quotation within a quotation is not feasible, you should ensure a parenthetical exists to explain the omissions according to BB R. 5.3(c). d. Treatment of omissions in quoted materials are unique in the Bluebook, and the relevant rules can be found in BB R

8 CHECK USE AND ORDER OF SIGNALS 1. General Use of Signals (BB R ) a. Signals are used to indicate how a cited authority relates to a proposition in the text. b. There are 4 main category of signals: i. Supportive signals no signal, e.g., accord, see, see also, cf. ii. Comparative signals compare...[and], compare...[with] iii. Contradictory signals contra, but see, but cf. iv. Background signal see generally c. Multiple signals (BB R. 1.3) should be presented in the following order: supportive, comparative, contradictory, background. d. When more than one signal is used, the signals (together with the authorities they introduce) should appear in this order: i. [No signal] ii. E.g. iii. Accord iv. See v. See also vi. Cf. vii. Compare... with... viii. But see ix. But cf. x. See generally e. Group signals of the same basic type, separating them with semicolons. i. Capitalize only the first signal in a string of signals of the same type. ii. Whenever a signal of a different type is used, however, it must begin a new citation sentence. f. Please carefully read the definitions of the different signals (BB R. 1.2). g. BB R. 1.2 also details which signals should require an explanatory parenthetical to follow the cited authority. h. As a general rule, all signals are italicized. i. Exception: Signals may be used as the verbs of ordinary sentences, in which case they are not italicized. When signals are used as verbs, matter that would be included in a 7

9 parenthetical explanation should be made part of the sentence itself. i. Notice punctuation: i. e.g., Periods after each letter, only signal to be followed by a comma). ii. cf. Only one period after both letters. 2. Order of Authorities within Signals (BB R. 1.4) a. Authorities within each signal are separated by semicolons. b. If an authority is more helpful or authoritative than another within the same signal, it should be cited first. Otherwise, the following order should be followed: i. Constitutions 1. Federal 2. State 3. Foreign ii. Statutes and Rules 1. Statute in U.S.C. by title number 2. Federal statutes in force but not in the U.S.C. 3. Federal Rules of Evidence & Procedure 4. Repealed Federal Statutes 5. State Statutes 6. State Rules of Evidence & Procedure 7. Foreign Statutes iii. Treaties 1. Treaties & other international agreements are cited in reverse chronological order. iv. Cases 1. Explanation: Cases are arranged within a signal according to the courts issuing the cited opinions. Subsequent and prior history is irrelevant to the order of citation. Cases decided by the same court are arranged in reverse chronological order. For this purpose, the numbered U.S. courts of appeals are treated as one court and all federal district courts are treated as one court. 2. Order: a. Supreme Court b. Courts of appeals, bankruptcy appellate panels, Court of Appeal for the Federal Circuit c. District courts, bankruptcy courts 8

10 d. Court of Federal Claims, Claims Court, Court of Claims, Tax Court, Board of Tax Appeals e. Administrative agencies f. State courts (alphabetically by state and then by rank within each state) g. Foreign courts v. Legislative Materials 1. Bills and Resolutions 2. Committee Hearings 3. Reports, documents, and committee prints 4. Floor debates vi. Administrative and Executive Materials 1. Executive orders 2. Current federal regulations (by progressive order of C.F.R. title) 3. Repealed federal regulations 4. State regulations vii. Secondary Materials 1. Model Codes, Restatements 2. Books, pamphlets, and essays in a collection of a single author s essays 3. Articles and essays in a collection of various authors essays 4. Student-written law review materials 5. Signed book reviews 6. Student-written book notes 7. Annotations 8. Magazine articles, newspapers 9. Unpublished materials c. Within each type of authority, multiple authorities are cited in the order prescribed in BB R. 1.4 CHECK USE OF ID., HEREINAFTER, ETC. The Bluebook uses the phrase short citation forms to refer to two different sets of rules that serve the same purpose. Short citation forms help save space in a publication while providing sufficient information to help the reader locate the source. 9

11 1. Short citation forms within the general rules refer to: a. Id. b. Supra c. Hereinafter d. Infra thought used for internal cross-references, it serves the same purpose as short citation forms 2. Short citation forms within the rules for specific types of materials explain how to cite a source after it has been cited once a. Cases BB R Use of Id. (BB R. 4.1) a. Id. is the most misused short citation form. b. Use id. when citing the immediately preceding authority within the same footnote. c. Use id. when citing the immediately preceding footnote but only if the preceding footnote has only one authority. d. Use id. at only with page numbers and only when the page number is different from the preceding citation. e. Otherwise, use id. plus a section/paragraph symbol and the appropriate number. f. The period after id. is always italicized. This is a very common mistake, and each period should be checked. g. 5 Footnote Rule 4. Use of Supra (BB R. 3.5 & 4.2) a. Supra is used as an internal cross-reference to guide the reader between parts of a document, whether text or footnotes. (BB R. 3.5) b. You may combine supra with note, part, p., or pp. to refer to footnotes, parts, or pages within the same piece. c. Use supra when the authority has already been cited in full, and add the short form for that authority (BB R. 4.2). d. Supra may be used alone with the short form when referring to authority within the same footnote when id. would not be appropriate. e. You may combine supra with signals. f. Example: See supra... g. Do not use pp. as part of the short form for any authority. h. Do not use supra with cases, statutes, constitutions, legislative materials other than hearings, restatements, model codes, or regulations UNLESS the name of the authority is extremely long. 5. Use of Infra (BB R. 3.5) 10

12 a. Infra is used as an internal cross-reference to guide the reader between parts of a document, whether text or footnotes. b. Use infra to refer to discussion or footnote content after the current footnote or text. c. Always combine infra with note, part, p., or pp. to refer to footnotes, parts, or pages within the same piece. d. You may combine infra with signals. e. Example: See infra... f. Do not use infra for citations to authority. 6. Use of Hereinafter (BB R. 4.2) a. Use when the short form prescribed by the type of authority may be cumbersome or confusing to the reader. b. Hereinafter allows the writer to establish a special shortened form to avoid confusion. c. Hereinafter is NOT capitalized or italicized. d. The entire reference appears in square brackets: [hereinafter special shortened form]. e. Follow the typeface rule given for the short form of the authority. f. Do not use hereinafter with cases, statutes, constitutions, legislative materials other than hearings, restatements, model codes, or regulations UNLESS the name of the authority is extremely long. CHECK PARENTHETICALS (BB R. 1.5) 1. There are three forms of substantive parenthetical clauses: a. Explanatory i. Must begin with a present participial. ii. Should always begin with a lowercase. b. Quoted sentence c. Short statement that is appropriate in context. 2. The order of parenthetical clauses within a citation is governed by BB R. 1.5(b): a. (date) b. [hereinafter short name] c. (en banc) d. (Last name, J., concurring) e. (plurality opinion) f. (per curiam) g. (alteration in original) 11

13 h. (emphasis added) i. (footnote(s) omitted) make sure the proper singular or plural form is used for footnote j. (citation(s) omitted) - make sure the proper singular or plural form is used for citation k. (quoting another source) l. (internal quotation mark(s) omitted) m. (citing another source), n. Available at o. (explanatory parenthetical), p. Prior or subsequent history. CHECK SUBDIVISIONS, INCLUDING PAGE NUMBERS AND PINPOINT CITATIONS (BB R. 3) 1. Always identify the separately paginated volume, part or supplement in addition to identifying the pages where the material appears (BB R. 3.1). 2. Provide the first page where a cited authority appears within a source. 3. Use a pinpoint citation to indicate where specific material appears within a source, even if it appears on the first page of the authority. 4. The abbreviations p. or pp. should only be used with supra or infra. 5. Unless otherwise indicated by another rule, only add at preceding a page number if it may be confused with another part of a citation. In that instance, use a comma and space before at. 6. Always retain the last two digits, but otherwise shorten the second number in a span of pages as appropriate. 7. When referring to a span of pages/chapters/sections, give the numbers separated by a hyphen or dash, except when the use of such a symbol may be ambiguous. 8. The pinpoint citation is given for all quoted matter, whether it is a long, indented quotation or a few words quoted or paraphrased in the text. 9. Cite footnotes without using a comma between the page number and the lower case n. and without a space between the n. and the footnote number a. Footnote example: 570 F.2d 511, 514 n.6 (9 th Cir. 1986). CHECK SPACING 1. Ensure all citations are properly spaced. This includes: a. Each source has a corresponding format detailed in the Bluebook, which should be followed including proper punctuation. 12

14 b. A space in between parenthetical clauses c. Abbreviations, numerals, and symbols are spaced according to BB R. 6 and will apply to a large portion of your citations. d. Omissions are detailed by ellipses containing spaces in between the periods (BB R. 5.3). CHECK ORDER & CITATION FORM OF AUTHORITIES 1. General Rules a. T.1 indicates the preferred source for each jurisdiction for primary materials (Cases, Statutes, and Administrative law). i. Note: T. 1 is now broken down into separate parts 1. T. 1.1 Federal Judicial and Legislative Materials 2. T. 1.2 Federal Executive and Administrative Materials 3. T. 1.3 States and the District of Columbia (court decisions, statutes, and administrative regulations) ii. T. 1 also provides the proper form of abbreviations for these materials. b. T. 2 contains abbreviations for primary materials from foreign jurisdictions. i. Rules are also summarized for the following sources: 1. Legislative materials 2. Legal periodicals 3. Books 2. Constitutions a. BB R. 11 governs citations to constitutions. b. The abbreviation U.S. should be used for the U.S. Constitution. c. The state should be abbreviated according to T. 10 for state constitutions. d. The only short citation form that should be used for constitutions is id. 3. Statutes a. Choice of Source: i. In order of preference: 1. Codified form (official code) 2. Codified form (unofficial code) 3. Session law (official preferred then unofficial) 4. Secondary sources only if a code or session law is not available 13

15 ii. Cite to the session law when that statute is codified in scattered sections, to indicate the historical fact of enactment, or if the language in the current code materially differs from the session law, but only if the relevant title has not been enacted into positive law. Codes indicate which titles have been enacted into positive law. b. Basic Citation Form Codified Statutes i. Title, chapter, or volume ii. Name of codification (abbreviated according to T. 1) iii. Section or other subdivision iv. Date (from main volume, pocket part, or both) c. Basic Citation Form Session Laws i. Name of the statute ii. Public law, chapter, or act number iii. Volume of the session laws iv. Name of the session laws publication (abbreviated, according to T. 1) v. First page of the statute in session laws vi. Year d. Note special rules govern citing the following sources: i. Internal Revenue Code ii. Ordinances iii. Rules of Evidence iv. Rules of Procedure v. Uniform Acts vi. Model Codes vii. Restatements viii. Standards ix. Sentencing Guidelines x. ABA Ethics Codes xi. Rules xii. Opinions e. Typeface: Ordinary Type f. Short citation form: see BB R Cases (BB R. 10) a. General Guidelines i. Basic Citation form: 1. Parties names (abbreviated using T. 6 & 11) 2. Official public domain citation (see T. 1) 14

16 3. Reporter volume number 4. Reporter name (abbreviated using T. 1) 5. First page of the case in the volume 6. Pinpoint cite 7. Court (abbreviated), unless apparent from the reporter, i.e. U.S. Supreme Court 8. Date or year ii. Include a parenthetical to indicate the weight of authority, if needed (BB R and check BB R. 1.5(b) for the order of parenthetical clauses). iii. Provide the entire subsequent history when citing a case in full, but see rule for caveats (BB R. 10.7) 1. Rules governing Prior and Subsequent history will be found in BB R b. Short citation Form: i. Italicize one party s name, if unambiguous (never the government party), followed by a short form of volume/reporter/page. ii. 5 Footnote Rule: Use id. with short form for cases five or fewer times in a row. iii. Never use supra unless the case name is extremely long. c. State Cases Choice of Sources (BB R ) i. As noted in T. 1.3, the regional reporter citation is now preferred for state court decisions, if available. BB R also provides that, if the decisions is available in an official public domain citation (i.e., a medium-neutral citation), that citation must also be provided. ii. If the case is not yet available in any of the sources listed in T. 1.3, cite to sources in the following order of preference (BB R (b)): 1. Unofficial reporter 2. Widely used computer database (BB R ) 3. Service (BB R. 19) 4. Slip opinion (BB R (b)) 5. Internet Source (BB R ) 6. Newspaper (BB R. 16.6) 15

17 d. Federal Cases Choice of Source (T 1.1) i. Follow T. 1.1 for each court. ii. Parallel citations are not necessary for U.S. Supreme Court cases. The preferred order of reporters is represented by the examples below: U.S. 555 (1984) S. Ct (1989) U.S.L.W (U.S. Feb. 25, 1987) e. If the case is not yet available in any of the sources listed in T. 1.1, cite to sources in the following order of preference (BB R (b)): i. Unofficial reporter ii. Widely used computer database (BB R ) iii. Service (BB R. 19) iv. Slip Opinion (BB R (b)) v. Internet Source (BB R ) vi. Newspaper (BB R. 16.6) f. Listed below are commonly used federal reporters of decisions and their abbreviations: American Law Reports A.L.R. and A.L.R.2d Bankruptcy Reporter B.R. Board of Tax Appeals Reports B.T.A. Claims Court Reporter Cl. Ct. Court of Claims Reporter Ct. Cl. Federal Cases (1 st Series) F. Federal Claims Reporter Fed. Cl. Federal Reporter, Second Series F.2d Federal Reporter, Third Series F.3d Federal Rules Decisions F.R.D. Federal Supplement F. Supp. Federal Supplement, Second Series F. Supp. 2d Tax Court Reports T.C. Supreme Court Reporter S. Ct. United States Reports U.S. 5. Legislative, Administrate & Executive Materials a. Legislative Materials (BB R. 13) i. Choice of source: use the official version in PDF format, otherwise access the official version via microfiche. 16

18 ii. There are a large amount of materials generated by Congress, such as committee hearings, bills, and committee reports. See BB R for sample citation forms for legislative materials. iii. Ensure you check the typeface rules. iv. Use T. 9 for abbreviations for legislative documents. b. Administrative and Executive Materials (BB R. 14) i. Choice of source: Agency regulations are cited to the administrative code, if possible. Otherwise, cite to the administrative register. ii. Agency regulations basic citation form to administrative code: 1. Title number 2. Codification (abbreviated according to T. 1) 3. Section number 4. Date iii. Agency Regulations basic citation form to administrative register: 1. Volume number 2. Register (abbreviated according to T. 1) 3. Page number 4. Date iv. T. 1.2 provides guidance for citing to administrative and executive materials from a non-exclusive list of federal agencies e.g., the Department of the Treasury (including the IRS), Executive Office of the President, and the Securities and Exchange Commission (including SEC Releases). c. Short forms for regulations: See BB R Secondary Materials a. Books, Pamphlets and Collected Works i. Books - Basic Citation Form (BB R. 15) 1. Volume number (if multi-volume work) 2. FULL NAME OF THE AUTHOR (SMALL CAPS) a. Two authors are cited in full, using the ampersand (&) between names b. More than two are cited by the first author, using et. Al. 3. Title of the Work (see capitalization rules, small caps) 4. Section, paragraph, or page number (pinpoint cite) 5. Parenthesis containing edition number (if applicable) and year of publication 17

19 ii. Contribution within a Book Basic Citation Form 1. Volume number (if multi-volume work) 2. Full name of the contributing author (ordinary type) 3. Title of the Contribution (see capitalization rules, italicized), 4. In (italicized) 5. Title of the Work (see capitalization rules, SMALL caps) 6. Section, paragraph, or page number where shorter works starts 7. Pinpoint cite 8. Parenthesis containing full name of editor, edition number (if applicable) and year of publication iii. Note that certain works are covered by special citation rules: 1. Legal dictionaries 2. Legal encyclopedias 3. Various other words iv. Short citation form for entire book: Use id. Or the author s last name along with the appropriate supra form. 1. There is a separate short citation form for contributions. b. Periodicals (BB R. 16) i. Consecutively paginated journal Basic citation form: 1. Full name of the author (ordinary type) a. Two authors are cited in full, using the ampersand (&) between names b. More than two are cited by the first author, using et. Al. 2. Title of the Article (see capitalization rules, italicized), 3. Volume number 4. TITLE OF THE JOURNAL (abbreviated according to T. 13, SMALL caps) 5. First page of the article 6. Pinpoint cite 7. Year of publication ii. Non-consecutively paginated journal 1. Full name of the author (ordinary type) a. Two authors are cited in full, using the ampersand (&) between names. b. More than two are cited by the first author, using et. al. 18

20 2. Title of the Article (see capitalization rules, italicized), 3. TITLE OF THE JOURNAL (abbreviated according to T. 13, SMALL caps), 4. Month/Season and year OR month, day and year of article, 5. at followed by first page of the article 6. Pinpoint cite iii. Abbreviations for many legal periodicals may be found in T. 13. iv. For non-legal periodicals, you may construct a suitable abbreviation using the abbreviations provided in T. 13. Thus, American Economic Review becomes Am. Econ. Rev. 7. Unpublished Materials a. Unpublished materials include: i. Unpublished manuscripts ii. Unpublished student word iii. Letter, memorandum, or press release iv. correspondence v. Forthcoming publication vi. Working paper b. BB R. 17 governs these sources 8. Electronic Sources a. The editors of the Bluebook still disapprove of the use of electronic sources for many types of materials. However, the 19 th Edition recognizes expanded use of citations to materials provided via Internet and commercial databases, as summarized below. Given the heavy use of commercial databases and Internet sites in source coordination, it is important to become familiar with Rule 19 and the provisions in other rules that address electronic sources. For some specific online sources, the 19 th edition has updated old rules to better reflect current practices. b. Rule 18.1 consists of a table providing basic citation formats for Internet sources. c. Rule 18.2 provides a more permissive standard for electronic sources than earlier editions. d. Some online sources are deemed more reliable than others: i. Rule 18.3 continues to state a preference for citation to certain reliable and authoritative commercial electronic databases (e.g., Lexis and Westlaw) over the Internet. 19

21 e. You should check with the AAEs and EAEs to determine if a source is appropriate to serve as an authority. f. Internet (BB R. 18.2) i. Rule provides general principles: 1. Some Internet sources may be cited as if citing to the original print source ; URL is not necessary when an authenticated, official or exact copy of a source is available online. a. Rule 12 has been modified to implement the as if in print provision. See Rule on citation of U.S. Code from GPO Access web site. b. Rule 14 does not provide comparable guidance on the use of GPO Access when working with federal administrative publications (e.g., Federal Register and Code of Federal Regulations) as it does for the U.S. Code. c. See Rule 12.5 for guidance on citing legislation of states and municipalities through commercial databases and Internet sources. d. See also Rule 13.7 for guidance on citing legislative materials available through commercial databases and Internet sources. g. Rule addresses direct citations to internet sources, which do not require the use of at or available at before a URL. The rule is organized by the components of the citation, rather than by different types of web sites. However, illustrative examples include citations to blog posts, online magazines, web site main pages, interior pages, etc. i. Rule (c) provides guidance on stating the date and a time stamp (for dynamic sites that are frequently updated) 1. Use the date that refers clearly to material sited, as it appears on the Internet site. 2. When material is otherwise undated, the date that the web site was last visited should be provided in a parenthetical after the URL. ii. Rule (d) notes when to provide the full URL for a document, and when to use the root URL with an explanatory parenthetical. 20

22 iii. Rule (f) states the BB s continuing preference for citations to documents in PDF format over HTML, where both are available. h. Rule addresses parallel citations to an Internet source with identical content to a source available in a traditional printed medium. i. Use available at before the URL for such parallel citations that substantially improve access to the source cited. ii. If the authority is only available on the Internet, do not use available at. i. Commercial Electronic Databases (BB R. 18.3) i. The rule lists Lexis, Westlaw, Dialog and Bloomberg Law among those considered to be reliable and authoritative, and so preferred over other sources covered by rule Note: Many databases and digital archives that are heavily used in legal research (e.g., Hein Online) are not referenced in the 19 th edition. However, the list noted above is apparently not intended as an exclusive list of databases to which rule 18.3 applies. j. Other Specific Electronic Sources i. Newspapers: See BB R. 16.6, 16.8 and (and accompanying examples) for guidance on citing to newspaper articles. 1. You will rarely have access to newspaper articles in their print edition. Thus, Journals frequently have used either copies made from microform images of newspaper pages or articles reproduced in databases on Lexis or Westlaw. 2. BB R. 16.6(f) recognized provides an example and acknowledges that print versions are often unavailable. k. Journals available only online i. Rule 16.8(b) states that periodicals that are available only online should be cited directly in accordance with BB R ii. Rule addresses online sources for which there is no print format version, or where the print source is so obscure that it is practically unavailable. 1. This rule does not address online-only periodicals as a separate category, but the rule provides guidance on the components of citations, and examples suggest the correct format for citations to such publications. 9. When the Bluebook does not Offer Assistance for a Cited Source 21

23 a. The BB recommends following an analogous form of authority (see page 2). b. If applicable, consult BB R. 17 for unpublished and forthcoming materials. c. When all else fails, ask for assistance. ADDITIONAL RESOURCES The following is a list of recommended sources that may help: 1. RedBook this is the stylistic guide that gives assistance on punctuation, legalese, etc. a. There are multiple copies in the Journal Suite. 2. Chicago Manual of Style a. While the Redbook is helpful, it often does not contain the answers to stylistic questions. Chicago Manual of Style is becoming the preffered style manual of the Journal. 3. Black s Law Dictionary a. This source will be helpful in determining when to italicize a foreign word. 4. Struck & White s The Elements of Style. 5. Garner s Dictionary of Legal Usage. 6. Garner s Modern American Usage. 22