10. Synonyms -> ~Check out Google Guide for more tips
11. Okay, how do I find this thing? Books WM Catalog WorldCat Google Books ? Journal articles WM Catalog HeinOnline Other subscription databases (incl. WL/LN) Government info Government websites HeinOnline U.S. Congressional Serial Set Other subscription databases (scroll to Congressional and Legislative Research) Inter-Library Loan
13. Why? Purpose of Citation Show authority Avoid plagiarism Let reader look at same source you looked at to come to your conclusion Okay, why the Bluebook? Tradition? Court rules require Standard of our profession Shows attention to detail
14. About the Bluebook Compiled by the editors of: Columbia Law Review Harvard Law Review University of Pennsylvania Law Review Yale Law Journal On its 19th edition (just released July 2010) Table of changes here Been around since 1926 Is now available online For a subscription
15. “General principles of citation” “The central function of a legal citation is to allow the reader to efficiently locate the cited source. Thus, the citation forms in The Bluebook are designed to provide the information necessary to lead the reader directly to the specific items cited. Because of the ever-increasing range of authorities cited in legal writing, no system of citation can be complete. Therefore, when citing material of a type not explicitly discussed in this book, try to locate an analogous type of authority that is discussed & use that citation form as a model. Always be sure to provide sufficient information to allow the reader to find the cited material quickly & easily.” The Bluebook: A Uniform System of Citation 1 (Columbia Law Review Ass’n et al. eds., 19th ed. 2010) (emphasis added).
16. Major parts of the Bluebook Blue pages Ignore – Practitioner’s rules White pages “Rules of citation & style” -> law journal citation Two parts: Rules 1 – 9 establish “general standards of citation & style for use in all forms of legal writing” Rules 10 – 21 “present[] rules for citation of specific kinds of authority” Tables (mostly abbreviation tables) You will refer to these CONSTANTLY
17. Rules Rundown Cases Constitutions Statutes Legislative Materials Administrative & Executive Materials Books, Reports, & Other Nonperiodic Materials Periodical Materials Unpublished & Forthcoming Sources The Internet, Electronic Media, & Other Nonprint Resources Services Foreign Materials International Materials Structure & Use of Citations Typefaces for Law Reviews Subdivisions Short Citation Forms Quotations Abbreviations, Numerals, & Symbols Italicization for Style & in Unique Circumstances Capitalization Titles of Judges, Officials, & Terms of Court
18. Typeface – R. 2 - Citations Italics Cases – ONLY in short forms, & procedural phrases (ex rel.) Periodical titles Introductory signals (See) Explanatory phrases (cert. denied) Large & Small Capitals Book authors & titles Journal titles Plain text Everything else (including parties’ names in case names!)
19. Typeface - R.2 – Textual Material Main text is all plain text except: Italics Case names (don’t include reporter info, etc. in main text – that’s a citation) Titles of publications, speeches, or articles Stylistic reasons (R 7) Emphasis in quotes (R 5.2) Footnote Text – can contain citations, placed in citation clauses Italics Case names which are grammatically part of sentence, as opposed to “citation clause embedded in footnote text” Italics, Large & Small Capitals & plain text – as determined by rule governing that authority
20. Subdivisions – R. 3 See table 16 for subdivision abbreviations “Subdivision” = Volumes, parts, supplements (3.1) Pages, footnotes, endnotes, graphical materials (3.2) Sections, paragraphs (3.3) Appended material (3.4) Internal cross-references (3.5) Refers to other parts of the article, NOT other sources cited in the article Supra (already appeared) Infra (will appear later)
21. Short Cites – R. 4 See rule for specific authority Id. Can be used for ANY kind authority except internal cross-refs You use it to refer to the IMMEDIATELY preceding authority Can ONLY use if preceding authority only contains one authority (but can ignore authorities in explanatory parentheticals, phrases, or history) Italicize the period! Supra Specific about what types of authority you may & may not use it for – R. 4.2 “Hereinafter” If would be “cumbersome” to cite in full every time or has “confusing” short form Make up your own!* Infra (& sometimes supra) NOT a short cite. See previous slide *just don’t go crazy, now
22. Cases – R. 10 See T1 Generally Reported: First Party v. Second Party, 123 Rep. Abbrev. 456 (Deciding Court year) Unreported, but available on WL or LN: First Party v. Second Party, Docket No. 12345, 2010 WL 67890 (Deciding Court, Mo. date, year) Pay attention to “Preferred” reporters (esp. w/Supreme Court) Short cite (R. 10.9) Only if cited in same FN or in one of the preceding 5 FNs One party’s name + reporter citation (typically) 1st page Vol.
23. Statutes – R.12 Find “official” code (if you can) - T1 Generally: Title # Code abbrev. § specific section # (year) -> 28 U.S.C. § 1291 (2006) Note that WL & LN won’t give you proper year; try Hein, FDSys or GPO Access if you don’t want to come into the library Note that there are special rules with regards to session laws, etc.
24. Legislative materials – R. 13 Bills (H.R. #; S.F. #) Resolutions Committee hearings Reports (H.R. Rep.) “Documents” Committee prints Congressional debates (could appear in the Congressional Record) Sources reprinted in separately bound legislative histories
25. Books - R.15 Author Name, Title of Book Page Cited (Editor(s) name(s) eds., ed. cited, year) -> Robert L. Harmon, Patents and the Federal Circuit 234 (8th ed., 2007) Use information from title/copyright page Pay attention to Shorter works in a collection - R.15.5 “Special” books (like the Bluebook) Short cite: Author Last Name, supra note #, page. Page citing
26. Periodical materials – R. 16 Check T13 Consecutively paginated (law reviews) Author Name, Title of Article, vol. Title of Pub. page # (year) Non-consecutively paginated (Time) Author Name, Title of Article, Title of Pub., Date, at page # Newspaper Author Name, Title of Article, Title of Pub., Full date, at page # Online newspaper Author Name, Title of Article, Title of Pub., Full date, URL
27. THE INTERNET / NONPRINT RESOURCES– R. 18 If your resource is “authenticated, official, or an exact copy” of the printed source (see 18.2.1), you can cite to it as if you were citing to print Special rules about direct citation to internet sources – R. 18.2.2 Even if you cite to the print source, you may want to give a parallel cite to the internet – R. 18.2.3 “Commercial Electronic Databases” = WL / LN – R. 18.3
28. Patents & Trademarks, see T1, p. 220 Patent number and the date the patent was filed: U.S. Patent No. 4,405,829 (filed Dec. 14, 1977) Can include patent name and/or issuing date “if relevant”: Cryptographic Commc’ns Sys. & Method, U.S. Patent No. 4,405,829 (filed Dec. 14, 1977) (issued Sept. 20, 1983) Registered Trademarks: Approved: TRADEMARK NAME, Registration No. -> INTERNATIONAL WALKIE TALKIE, Registration No. 3,016.449 Filed, not approved: U.S. Trademark Application Serial No. <#> (filed <date>) -> U.S. Trademark Application Serial No. 77,341,910 (filed Dec. 1, 2007)
29. “Bizarre” authority? See how other law reviews have dealt with it! Limit searches to certain journals (perhaps the Columbia Law Review, Harvard Law Review, University of Pennsylvania Law Review & Yale Law Journal), maybe? Hein: Do an advanced search, and highlight the journal titles that you want from the drop-down WL: CLMLR, HVLR, UPALR, YLJ databases LN: Legal > Secondary Legal > Law Reviews & Journals > Individual Law Reviews & Journals OR “Find A Source”
34. All WM GuidesWilliam Mitchell librarians: In person (hours) 651-290-6424 reference@wmitchell.edu IM from the library home page
Hinweis der Redaktion
Purpose today is to really boil down for you what I think the “essence” of the Bluebook is, as well as pinpointing a few typical problem areas. We could spend hours going through the whole thing, but your eyes would glaze over & so would mine.I’m then going to go over a few ways you can find the sources you’re looking for.
Need to have the stuff in front of you before you can really cite to it.Need to know what it is before you can find it.Rule 18 of the Bluebook (which we’ll discuss in greater detail in a bit) now allows you to cite to PDFs as if you were looking at the print source, some of the information you may find through Google searches (particularly Google Scholar searches) may be your end point, if you specify that you want your results to be in PDF format.So, you could do a search restricting to a .gov or .edu domain, and requiring it to be in PDF format.
I encourage you to tab your Bluebook. So, in Rules 1 – 9 you’re going to find things like citation structure, typeface, subdivisions used in legal materials, short citation forms, how to do quotations, abbreviations, etc. – style.Rules 1 – 10 are going to be the nitty-gritties on how to cite different things.I’m going to spend a little bit on a few of the things in part I of the white pages, & I’ve picked a few specific citation formats from part II of the white pages that are typically tricky. There will be more slides here than I’m really going to talk about, just so you have something to come back to (for instance, I have a slide on how to cite a case, but we’re not really going to talk about that). I urge you to spend 10 minutes reading the following: pages 1-2, and pages 53-54 (R.1.1) of the BB before you dig in and start trying to figure specific citations out.
Not really going to talk about these, except for the last point. I just am always going to Rule 3 – for example, it tells you how to cite pocket parts of statutes.Explain internal cross-references.
Again, need to know if you’re talking citation or main text, and whether you’re talking citation clauses in footnote text, etc. – Rule 2Don’t need deciding court in the parentheses if it’s obvious from the reporter who the deciding court is (e.g.: U.S., Minn., etc.)
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