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Citations may be made in one of two ways: in citation sentences or in citation clauses. In law review pieces, all citations appear in footnotes appended to the portions of the text to which they refer. For an explanation of citation sentences and clauses in practitioners documents, see Bluepages B2. (a) Text. Citations to authorities that support (or contradict) a proposition made in the main text (as opposed to footnote text) are placed in footnotes. A footnote call number should appear at the end of a textual sentence if the cited authority supports (or contradicts) the entire sentence. In contrast, a call number should appear within the sentence next to the portion it supports if the cited authority supports (or contradicts) only that part of the sentence. The call number comes after any punctuation marksuch as a comma, semicolon, or periodwith the exception of a dash or a colon. In addition to citation to authorities, a footnote may include textual sentences that are related to the main text to which the footnote is appended. This is sentence one.1 Sentence two contains two call numbers;2 however, only one of these this one3 is surprising. Recall one thing4: call numbers precede dashes. (b) Footnotes. If a footnote itself contains an assertion requiring support, a citation to the relevant authority should appear directly after the assertion as either a citation sentence or a citation clause. (i) Citation sentences. Authorities that support (or contradict) an entire footnote sentence are cited in a separate citation sentence immediately after the sentence they support (or contradict). The citation sentence starts with a capital letter and ends with a period. (ii) Citation clauses. Authorities that support (or contradict) only part of a sentence within a footnote are cited in clauses, set off by commas, that immediately follow the proposition they support (or contradict). (c) Example. The following excerpt illustrates the use of citation sentences and clauses in a law review piece: Some American jurisdictions place the burden of sustaining criminal defenses on the accused.1 States have required defendants to prove both insanity2 and self-defense.3 In several jurisdictions the defendant must even establish that a homicide was accidental.4 1See John Calvin Jeffries, Jr. & Paul B. Stephan III, Defenses, Presumptions, and Burden of Proof in the Criminal Law, 88 YALE L.J. 1325, 132930 (1979). The authors point out that the use of affirmative defenses may relieve the state of its duty to prove a sufficient factual basis for punishment, id. at 1357, and argue that the reasonable doubt standard should not be limited to those facts formally identified as elements of the offense charged, id. at 1327. 2 E.g., State v. Caryl, 543 P.2d 389, 390 (Mont. 1975); State v. Hinson, 172 S.E.2d 548, 551 (S.C. 1970). 3 See, e.g., Quillen v. State, 110 A.2d 445, 449 (Del. 1955); State v. Skinner, 104 P. 223, 224 (Nev. 1909). See generally WAYNE R. LAFAVE & AUSTIN W. SCOTT, JR., HANDBOOK ON CRIMINAL LAW 8.1, at 70406 (2d ed. 1986) (discussing the origin of embezzlement and false pretense). 4 See, e.g., Chandle v. State, 198 S.E.2d 289, 290 (Ga. 1973); State v. Enlow, 536 S.W.2d 533, 541 (Mo. Ct. App. 1976).
[no Cited authority (i) directly states the proposition, (ii) identifies the source of a quotation, or (iii) signal] identifies an authority referred to in the text. Use no signal, for example, when directly quoting an authority or when restating numerical data from an authority. E.g., Cited authority states the proposition; other authorities also state the proposition, but citation to them would not be helpful or is not necessary. E.g., may be used alone or attached to any other
signal (whether supportive or not). When it is attached to another signal, it should be preceded by an italicized comma and followed by a non-italicized comma. See, e.g., But see, e.g., Accord Accord is commonly used when two or more sources state or clearly support the proposition, but the text quotes or refers to only one; the other sources are then introduced by accord. Similarly, the law of one jurisdiction may be cited as being in accord with the law of another. See Cited authority clearly supports the proposition. See is used instead of [no signal] when the proposition is not directly stated by the cited authority but obviously follows from it; there is an inferential step between the authority cited and the proposition it supports. See Cited authority constitutes additional source material that supports the proposition. See also is also commonly used to cite an authority supporting a proposition when authorities that state or directly support the proposition already have been cited or discussed. The use of a parenthetical explanation of the sources relevance (rule 1.5) following a citation introduced by see also is encouraged. Cf. Cited authority supports a proposition different from the main proposition but sufficiently analogous to lend support. Literally, cf. means compare. The citation's relevance will usually be clear to the reader only if it is explained. Parenthetical explanations (rule 1.5), however brief, are therefore strongly recommended.
(b) Signal that suggests a useful comparison.
Compare...Comparison of the authorities cited will offer support for or illustrate the proposition. When [and]... used as a signal, Compare must be used in conjunction with with; the with is preceded with... by a comma, as is and when used. The relevance of the comparison will usually be clear to [and]... the reader only if it is explained. Parenthetical explanations (rule 1.5) following each authority are therefore strongly recommended.
Compare Michael H. v. Gerald D., 491 U.S. 110, 121 (1989) (rejecting the claim by a putative natural father of the right to visit his child conceived by a married woman), and CATHARINE A. MACKINNON, FEMINISM UNMODIFIED 49 (1987) (contending that what connects all women is their oppression in a sexual hierarchy), with Loving v. Virginia, 388 U.S. 1, 12 (1967) (naturalizing language about marriage), Doe v. McConn, 489 F. Supp. 76, 80 (S.D. Tex. 1980) (holding a cross-dressing ordinance unconstitutional as applied to individuals undergoing therapy for sex-reassignment surgery), and Kenneth L. Karst, The Freedom of Intimate Association, 89 YALE L.J. 624, 631 (1980) (The denial of the society of an intimate may be partial, as in the case of a parent who loses a contest over child custody but is allowed visitation rights, or virtually total, as when a noncustodial parent is denied visitation rights.). (c) Signals that indicate contradiction.
ContraCited authority directly states the contrary of the proposition. Contra is used where [no signal] would be used for support. But see Cited authority clearly supports a proposition contrary to the main proposition. But see is used where see would be used for support.
But cf. Cited authority supports a proposition analogous to the contrary of the main proposition. The use of a parenthetical explanation of the sources relevance (rule 1.5) following a citation introduced by but cf. is strongly recommended.
But should be omitted from but see and but cf. whenever one of these signals follows another negative signal: Contra Blake v. Kline, 612 F.2d 718, 72324 (3d Cir. 1979); see CHARLES ALAN WRIGHT, LAW OF FEDERAL COURTS 48 (4th ed. 1983). (d) Signal that indicates background material.
See
Cited authority presents helpful background material related to the proposition. The use of a
generally parenthetical explanation of the source materials relevance (rule 1.5) following each authority introduced by see generally is encouraged.
(e) Signals as verbs. In footnotes, signals may be used as the verbs of textual sentences. When using signals in this way, include material that would otherwise be included in a parenthetical explanation as part of the sentence itself. Signals should not be italicized when used as verbs in textual sentences (rule 2.1(d)). Thus: See Christina L. Anderson, Comment, Double Jeopardy: The Modern Dilemma for Juvenile Justice, 152 U. PA. L. REV. 1181, 120407 (2004) (discussing four main types of restorative justice programs). becomes: See Christina L. Anderson, Comment, Double Jeopardy: The Modern Dilemma for Juvenile Justice, 152 U. PA. L. REV. 1181, 120407 (2004), for a discussion of restorative justice as a reasonable replacement for retributive sanctions. Cf. becomes compare and e.g. becomes for example when used in this manner.
(2) statutes currently in force but not in U.S.C., U.S.C.A., or U.S.C.S. (by reverse chronological order of enactment) (3) rules of evidence and procedure (4) repealed statutes (by reverse chronological order of enactment) State (alphabetically by state): (5) statutes in the current codification (by order in the codification) (6) statutes currently in force but not in the current codification (by reverse chronological order of enactment) (7) rules of evidence and procedure (8) repealed statutes (by reverse chronological order of enactment) Foreign (alphabetically by jurisdiction): (9) codes or statutes in the current codification (by order in the codification) (10) statutes currently in force but not in codes or the current codification (by reverse chronological order of enactment) (11) repealed statutes (by reverse chronological order of enactment) (c) Treaties and other international agreements (other than the foundational documents of the United Nations, the League of Nations, and the European Union) are cited in reverse chronological order. (d) Cases are arranged within a signal according to the courts issuing the cited opinions. Subsequent and prior histories are irrelevant to the order of citation, as is whether the opinion is published or unpublished. Cases decided by the same court are arranged in reverse chronological order; for this purpose, all United States circuit courts of appeals are treated as one court (including the District of Columbia and Federal Circuits), and all federal district courts are treated as one court. The ordering system is as follows: Federal: (1) Supreme Court (2) courts of appeals, Emergency Court of Appeals, and Temporary Emergency Court of Appeals (3) Court of Claims, Court of Customs and Patent Appeals, and bankruptcy appellate panels (4) district courts, Judicial Panel on Multidistrict Litigation, and Court of International Trade (previously the Customs Court) (5) district bankruptcy courts and Railroad Reorganization Court (6) Court of Federal Claims (previously the trial division for the Court of Claims), Court of Appeals for the Armed Forces (previously the Court of Military Appeals), and Tax Court (previously the Board of Tax Appeals) (7) administrative agencies (alphabetically by agency) State: (8) courts (alphabetically by state and then by rank within each state) (9) agencies (alphabetically by state and then alphabetically by agency within each state) Foreign: (10) courts (alphabetically by jurisdiction and then by rank within each jurisdiction) (11) agencies (alphabetically by jurisdiction and then alphabetically by agency within each jurisdiction) International: (12) International Court of Justice, Permanent Court of International Justice
(13) other international tribunals and arbitral panels (alphabetically by name) (e) Legislative materials are cited in the following order: (1) bills and resolutions (2) committee hearings (3) reports, documents, and committee prints (4) floor debates Cite materials within each classification in reverse chronological order. (f) Administrative and executive materials are cited in the following order: Federal: (1) Executive Orders (2) current Treasury Regulations, proposed Treasury Regulations (3) all other regulations currently in force (by progressive order of C.F.R. title) (4) proposed rules not yet in force (by progressive order of future C.F.R. title, if any; otherwise by reverse chronological order of proposal) (5) all materials repealed (by reverse chronological order of promulgation) State: (6) state (alphabetically by state), currently in force, then repealed Foreign: (7) foreign (alphabetically by jurisdiction), currently in force, then repealed (g) Resolutions, decisions, and regulations of intergovernmental organizations are cited in the following order: (1) United Nations and League of Nations, in reverse chronological order by issuing body (General Assembly, then Security Council, then other organs in alphabetical order) (2) other organizations (alphabetically by name of organization) (h) Records, briefs, and petitions are cited in that order, and within each classification by order of the court in which filed (see rule 1.4(d)). Briefs within the same case and court are cited in the following order: plaintiff/petitioner, defendant/respondent, and then amicus curiae in alphabetical order by first word of the amicus partys name. (i) Secondary materials are cited in the following order: (1) uniform codes, model codes, and restatements, in that order (in reverse chronological order by category) (2) books, pamphlets, and shorter works in a collection of a single authors works (alphabetically by last name of author; if none, by first word of title) (3) works in journals (not magazines or newspapers), including forthcoming works and shorter works in a collection of various authors works (alphabetically by last name of author) (4) book reviews not written by students (alphabetically by last name of reviewer) (5) student-written law review materials including book reviews (alphabetically by last name of author; if none, by first word of title; if none, by periodical as abbreviated in citation)
(6) annotations (in reverse chronological order) (7) magazine and newspaper articles (alphabetically by last name of author; if none, by first word of title) (8) working papers (alphabetically by last name of author; if none, by first word of title) (9) unpublished materials not forthcoming (alphabetically by last name of author; if none, by first word of title) (10) electronic sources, including Internet sources (alphabetically by last name of author; if none, by first word of title) When not addressed above, for the purposes of alphabetizing within each classification, use only the name of the first author listed (if any) and then proceed to use the title. (j) Cross-references to the authors own text or footnotes.
(date) [hereinafter short name] (en banc) (Lastname, J., concurring) (plurality opinion) (per curiam) (alteration in original) (emphasis added) (footnote omitted) (citations omitted) (quoting another source) (internal quotation marks omitted) (citing another source), available at http://www.domainname.com (explanatory parenthetical), prior or subsequent history. In direct citations to Internet sources (rule 18.2.2), the hereinafter parenthetical should immediately follow the URL or, if there is one, the last visited parenthetical. Note that explanatory parentheticals precede any citation of subsequent history or other related authority (rule 1.6): Atl. Richfield Co. v. Fed. Energy Admin., 429 F. Supp. 1052, 106162 (N.D. Cal. 1976) ([N]ot every person aggrieved by administrative action is necessarily entitled to the protections of due process.), affd, 556 F.2d 542 (Temp. Emer. Ct. App. 1977). Louis Loss, The Conflict of Laws and the Blue Sky Laws, 71 HARV. L. REV. 209 (1957) (discussing the bewildering array of state laws then governing interstate securities transactions), reprinted in LOUIS LOSS & EDWARD M. COWETT, BLUE SKY LAW 180 (1958).
questioned in to introduce these works. Works that the primary authority discusses, cites, or otherwise mentions, however, should be indicated parenthetically. Thus: Filled Milk Act 1, 21 U.S.C. 61 (2006), construed in Milnot Co. v. Richardson, 350 F. Supp. 221 (S.D. Ill. 1972). But: Milnot Co. v. Richardson, 350 F. Supp. 221 (S.D. Ill. 1972) (construing Filled Milk Act 1, 21 U.S.C. 61 (2006)). But: Milnot Co. v. Richardson, 350 F. Supp. 221 (S.D. Ill. 1972) (construing Filled Milk Act 1, 21 U.S.C. 61 (2006)).
Law reviews use two sets of typeface conventionsone for law review text (either main text or footnote text) (rule 2.2) and one for law review citations (rule 2.1). Unless otherwise noted, the examples in The Bluebook correspond to the convention for law review footnotes. For an explanation of the typeface conventions commonly used in other forms of legal writing, see Bluepages B1. Practitioners can make ready use of the examples in The Bluebook by substituting the typeface conventions outlined in the Bluepages for those found in the examples throughout the rest of the book. For example, a practitioners brief might look like this: Directors manage the business and affairs of a corporation. See Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc., 506 A.2d 173, 179 (Del. 1986); see also Del. Code. Ann. tit. 8, 141(a) (2000). In Guth v. Loft, the court held that directors also owe a duty of loyalty to the shareholders. 5 A.2d 503, 510 (Del. 1939) (holding that directors' duty of loyalty demands that there shall be no conflict between duty and self -interest). A similar section of a law review article might read: Directors manage the business and affairs of a corporation.1 In Guth v. Loft, the court held that directors also owe a duty of loyalty to the shareholders.2 1 See Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc., 506 A.2d 173, 179 (Del. 1986); see also DEL. CODE. ANN. tit. 8, 141(a) (2000). 2 5 A.2d 503, 510 (Del. 1939) (holding that directors duty of loyalty demands that there shall be no conflict between duty and self-interest). For additional guidance, see rule 2.1, rule 2.2, and Bluepages B1.
2.1 Typeface Conventions for Citations 2.2 Typeface Conventions for Textual Material Xxxxxxxxxxxxxxxxxxxxxxxxx
Main Elements:
Author Editor or translator Title Page, section, or paragraph (if only part of a work is cited) Edition Publisher Date
15.1 Author 15.2 Editor or Translator 15.3 Title 15.4 Edition, Publisher, and Date 15.5 Shorter Works in Collection 15.6 Prefaces, Forewords, Introductions, and Epilogues 15.7 Serial Number 15.8 Special Citation Forms 15.9 Electronic Media and Online Sources 15.10 Short Citation Forms
rule 15.1 rule 15.2 rule 15.3 rules 3.2 and 3.3 rule 15.4 rule 15.4 rule 15.4
Article in Benjamin Wittes, Without Precedent, ATLANTIC MONTHLY, Sept. 2005, at 39, nonconsecutively 40. paginated journal or magazine Newspaper article Online newspaper article Scott Martelle, ID Law Keeps Nuns, Students from Polls, L.A. TIMES, May 7, 2008, at A14. Pamela Mendels, A Case of Spam and Free Speech at Intel, N.Y. TIMES (Dec. 11, 1998),
http://www.nytimes.com/library/tech/98/12/cyber/cyberlaw/11law.html. Signed studentBradford R. Clark, Note, Judicial Review of Congressional Section Five written law review Action: The Fallacy of Reverse Incorporation, 84 COLUM. L. REV. 1969, 1986 note (1984). Unsigned studentwritten comment Student-written book review Case Comment, Fairness Standards for SEC Approval of Mergers: Collins v. SEC, 90 HARV. L. REV. 453 (1976). Sharon Dolovich, Book Note, Leaving the Law Behind, 20 HARV. W OMENS L.J. 313, 329 (1997) (reviewing PATRICIA J. W ILLIAMS, THE ROOSTERS EGG: ON THE PERSISTENCE OF PREJUDICE (1995)).
Non-student-written Jane E. Stromseth, Understanding Constitutional War Powers Today: Why book review Methodology Matters, 106 YALE L.J. 845 (1996) (reviewing LOUIS FISHER, PRESIDENTIAL W AR POWER (1995)). Symposium Symposium, The Presidency and Congress: Constitutionally Separated and Shared Powers, 68 W ASH. U. L.Q. 485, 64051 (1990).
Specially designated John M. Golden, Commentary, Patent Trolls and Patent Remedies, 85 TEX. article in L. REV. 2111, 2113 (2007). consecutively paginated journal Noncommercially distributed newsletter Douglas Gary Lichtman, Patent Holdouts in the Standard-Setting Process, ACAD. ADVISORY COUNCIL BULL. (Progress & Freedom Found., D.C.), May 2006, at 4.
Follow rule 16.4 or rule 16.5 to cite articles, essays, commentaries, and all other materials contained within periodicals. Where the periodical is organized by volume, and page numbers continue throughout the volume, it is a consecutively paginated periodical and should be cited according to rule 16.4. Where the periodical is paginated separately for each issue and the first page of every issue is 1, it is a nonconsecutively paginated periodical and should be cited according to rule 16.5. Cite newspapers according to rule 16.6. Special citation forms for non-student-written book reviews, student-written law review materials, symposia, colloquia, surveys, commentaries and other special designations, multipart articles, annotations, proceedings, regular publications by institutes, ABA Section Reports, and noncommercially distributed periodicals such as newsletters are given in rule 16.7. Cite sources in electronic media and online sources using rule 16.8. Follow rule 16.9 for short citation forms. Capitalize the titles of works cited according to rule 8(a). The name of the periodical should appear in large and small capitals whether it is a journal, magazine, or newspaper, and should be abbreviated according to tables T13 (periodical abbreviations) and T10 (geographic abbreviations). For purposes of this rule, the date of the publication is the cover date of the periodical. Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
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