Law Review Sourcing Handbook - Fall 2013

ST. THOMAS LAW

REVIEW

SOURCING HANDBOOK

2013-2014

St. Thomas Law Review

16401 N.W. 37th

Ave.

Miami Gardens, FL 33054-6459

Phone: (305) 6232380 Fax: (305) 4742410

E-mail: [email protected]

Created for Fall 2013

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ST. THOMAS LAW REVIEW

16401 N.W. 37th Ave. Phone: (305) 6232380

Miami Gardens, FL 33054-6459 Fax: (305) 4742410 Website: www.stthomaslawreview.org E-Mail:[email protected]

2013-2014 EXECUTIVE BOARD OF EDITORS

EDWARD C. NAZZARO

Editor-in-Chief

ROBERT P. HATLEY

Managing Editor

JENNIFER L. EDGLEY

Executive Editor

ILAN A. KAIRY

Articles Solicitation Editor

EDWARD J. ARMELLINO

Senior Articles Editor

CHRISTINA L. FERNANDEZ


INALVIS M. ZUBIAUR


ANA M. AROCHA

Notes & Comments Editor

KRISTA D. OGLETREE

Notes & Comments Editor

STAFF

CYNTHIA ALVARADO

JENNIFER BAJGER

VANESSA BRIZO

Articles Editors

MICHELLE GONZALEZ

KRISTEN MILLER

RAPHAEL SANCHEZ

MAGALI SANDERS

DIANA STAPP

JUSTIN VALENTINI

YASMANY BARROSO

CHRISTOPHER COOPER

VANESSA DIAZ

MELANIE KLASKALA

Members

HOUSON LAFRANCE

STEPHANIE LOPEZ

ALISHA MARANO

TRICIA POSTEN

Office Administrator

MICKEY BUDLONG

Faculty Advisor

PROFESSOR IRA STEVEN NATHENSON

ANGELIQUE ROMERO

STEVEN SILVERBERG

MICHAEL STOPEK

PRISCILLA ZALDIVAR

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TABLE OF CONTENTS MESSAGE FROM THE EXECUTIVE BOARD 4

I. BLUEBOOK RULE 1 STRUCTURE AND USE OF CITATIONS 5 (1) NO SIGNAL

(2) ACCOMPANYING E.G. WITH OTHER SIGNALS (3) STRING CITATIONS WITH MULTIPLE SIGNALS

(4) ORDER OF AUTHORITIES, SIGNALS, ETC.

(5) SUPRAS UNDER ORDER OF AUTHORITIES

II. BLUEBOOK RULE 3 SUBDIVISIONS 7 (1) MULTIPLE SECTIONS

(2) INTERNAL CROSS-REFERENCES

III. BLUEBOOK RULE 4 SHORT CITATION FORMS 9 (1) FIVE ID. RULE

IV. BLUEBOOK RULE 10 CASES 10 (1) BASIC CITATION FORMS

(2) CASE NAMES

(3) REPORTERS AND OTHER SOURCES

(4) COURT AND JURISDICTION

(5) DATE OR YEAR

(6) PARENTHETICAL INFORMATION REGARDING CASES

(7) SPECIAL CITATION FORMS

(8) SHORT FORM FOR CASES

V. BLUEBOOK RULE 12 STATUTES 15 (1) BASIC CITATION FORMS

(2) CHOOSING THE PROPER CITATION FORM

(3) CURRENT OFFICIAL AND UNOFFICIAL CODES

(4) SESSION LAWS

(5) ELECTRONIC MEDIA AND ONLINE SOURCES

(6) OTHER SECONDARY SOURCES

(7) INVALIDATION, REPEAL, AMENDMENT, AND PRIOR HISTORY

(8) EXPLANATORY PARENTHETICAL PHRASES

(9) SPECIAL CITATION FORMS

(10) SHORT FORMS FOR STATUTES

VI. BLUEBOOK RULE 14 ADMINISTRATIVE AND EXECUTIVE MATERIALS 17

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VII. BLUEBOOK RULE 15 BOOKS, REPORTS, AND OTHER NONPERIODIC MATERIALS 17 (1) PUBLISHERS

(2) EDITIONS

(3) EDITORS

VIII. BLUEBOOK RULE 16 PERIODIC MATERIALS 18 (1) LAW REVIEW ARTICLES

(2) NEWSPAPERS

IX. BLUEBOOK RULE 18 THE INTERNET, ELECTRONIC MEDIA, AND OTHER 19 NONPRINT SOURCES

(1) BLOGS

(2) PDFS

(3) DATE AND TIME

X. T6 CASE NAMES AND INSTITUTIONAL AUTHORS 20

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MESSAGE FROM THE EXECUTIVE BOARD

This handbook is not intended to be an all-encompassing authority. It is designed only to clarify

potentially confusing rules in the Bluebook. All Articles Editors and Staff Editors are still

responsible to consult their Bluebooks. The Bluebook is the primary authority. This handbook is

merely meant to provide supplementary guidance on some of the more difficult areas of

Bluebook citation. However, because this information has been provided in its simplest possible

form, all Editors are responsible for: (1) knowing this information, or asking for clarification if

necessary, and (2) citing in accordance with Bluebook rules, as outlined in this handbook. Any

direct contradiction between this handbook and the Bluebook should be noted and reported to

any Executive Board Member immediately for clarification and correction. Please feel free to

contact any Executive Board Member either directly in person or by email for explanation on

any of these rules. No question is a stupid question.

There are some topics which require their own Bluebook rules (e.g., the U.S. Military) and

proper citation forms cannot be found in the Bluebook. Please be sure to speak with your Notes

and Comments Editor if this issue arises during your comment writing process.

EDWARD C. NAZZARO

Editor-in-Chief

ROBERT P. HATLEY

Managing Editor

JENNIFER L. EDGLEY

Executive Editor

ILAN A. KAIRY

Articles Solicitation Editor

EDWARD J. ARMELLINO CHRISTINA L. FERNANDEZ INALVIS M. ZUBIAUR

Senior Articles Editor Senior Articles Editor Senior Articles Editor

ANA M. AROCHA KRISTA D. OGLETREE

Notes and Comments Editor Notes and Comments Editor

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I. BLUEBOOK RULE 1 STRUCTURE AND USE OF CITATIONS Signals are one of the most useful tools in sourcing. They are straightforward in the Bluebook

(BB). Bluebook Rules will be referred to as BBR. However, a few areas may need clarification. Please understand the following rules and apply them to your sourcing

assignments.

(1) NO SIGNAL All direct quotations should NOT have a signal. BBR 1.2, p. 54.

(2) ACCOMPANYING E.G. WITH OTHER SIGNALS (a) Generally

When accompanying e.g. with other signals, please ensure the accompanying citations fit the use of both signals.

Example 1:

Main Article Text: Police have not always detained suspects in the immediate vicinity of their

home.

Footnote: See, e.g., Bailey v. United States, 133 S. Ct. 1031, 1036 (2013) (stating the police

detained Bailey about a mile away from his residence).

The signal See is used when the author purports information not directly identical to the source, but it obviously follows from it. An inferential step is required between the authors main article text and the portion of the source which is cited. See BBR 1.2, p. 54.

The signal E.g. is used when the authors proposition in the main article text has a myriad of authorities stating the exact same principle. It is unnecessary to then list all of those authorities.

Thus, you list one or maybe two of them and thats it. E.g. lets the reader know that there are several sources stating this principle. See BBR 1.2, p. 54.

Thus, the proposition in the main article text that is supported by the FN above must

(1) not be a direct authority, and

(2) must be one of several examples that could possibly be used.

Here, the main article text states a general proposition that police do not always detain suspects

near their home. The footnote cites to language, which states that a man was detained about a

mile from his home. This is not direct support. Rather, the inferential leap that one mile away

from your home is not within its immediate vicinity is needed to complete the connection

between the source and the text. Therefore, the use of See is appropriate.

Moreover, there are likely dozens if not hundreds of examples of police detaining suspects

outside the immediate vicinity of their home. Thus, the use of e.g. is appropriate.

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(b) Punctuation

When accompanying e.g. with other signals, the punctuation can be a bit tricky. Under these circumstances, close reading is needed.

The Bluebook states: When [e.g.] is attached to another signal, it should be preceded by an italicized comma and followed by a non-italicized comma. See BBR 1.2, p. 54.

A helpful way to remember this is to think about the comma preceding e.g. as being within the signal itself, and the comma following e.g. as being outside of the signal.

Thus, it may be easier to remember it this way:

Notice in the box designated as CITATION the citation begins with a non-italicized comma.

(3) STRING CITATIONS WITH MULTIPLE SIGNALS Pay attention to the sections in BBR 1.2. The Rule is broken down into parts (a), (b) and (c).

When a footnote contains more than one signal, it is important to determine if the signals should

be contained in one long string citation sentence, or if they should be divided between multiple

citation sentences.

The easy way to handle this issue is by following two principles:

(1) All signals within the same section are to be part of one citation sentence, separated by a

semicolon, and

(2) All signals in different sections are to be separated into two citation sentences by a period.

Example 2:

In the following example, explanatory parentheticals and short citations are not used. In a real

sourcing assignment, both may be proper, so be aware of that possibility.

FN: See Bailey v. United States, 133 S. Ct. 1031, 1036 (2013); see also Franks v. Delaware, 438

U.S. 154, 157 (1978). But see California v. Hodari D., 499 U.S. 621, 623 (1991). See generally

United States v. Banks, 540 U.S. 124, 126 (2003).

Notice that between See and See also there is a semicolon, and both signals are part of one string citation sentence. However, the transitions from See also to But see and But see to See generally are separated by a period.

If this rule is unclear, contact an Executive Board member for clarification, because it is very

important and can be easily explained.

CITATION SIGNA

L

, Bailey v. United States, 133 S. Ct. 1031,

1036 (2013)

See, e.g.

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(4) ORDER OF AUTHORITIES, SIGNALS, ETC. This can get confusing when there are multiple sources.

Please make sure that you:

First, place all signals in the correct order as per BBR 1.2 and Section I(3) of this handbook.

Second, within each signal, order the authorities according to BBR 1.4.

If you follow the footnote in that order, ordering the citations will be a cinch.

(5) SUPRAS UNDER ORDER OF AUTHORITIES BBR 1.4(j) states the last citation in the order of authorities is Cross-References to the authors own text or footnotes.

This language does not mean that a supra to a previous citation is under this category.

What this refers to is a cross-reference to the author as a source. Look at the example for

clarification.

Example 3: (a) JOHNSON, supra note 75, at 4.

This would not be a cross-reference to either the authors own text or footnotes. This is a cross-reference to a different source.

(b) See supra note 75 and accompanying text.

This is a cross-reference to the authors footnote and the text within it. This citation would fall under BBR 1.4(j).

II. BLUEBOOK RULE 3 - SUBDIVISIONS

(1) MULTIPLE SECTIONS This issue arises mainly in the context of statutes. The Bluebook answers this question, so please

dont overlook the answer.

(a) When citing multiple sections, use two symbols. See BBR 3.3(b), p. 70.

(b) When citing multiple subsections within one section, use one symbol. See BBR 3.3(b), p.

70.

As the BB explains, sometimes a section is defined with a number and a letter, so make sure

what you are citing is actually a subsection. Do not assume because there is both a number and a

letter that you are dealing with a subsection.

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(c) If the sections are scattered, e.g., you are citing to section (1) and (3) but not (2), separate (1)

and (3) with a comma. See BBR 3.3(b), p. 70. This same principle applies to subsections.

Example 4: (a) See 42 U.S.C. 13 (2013). Cites to sections 1, 2, and 3 of 42 U.S.C.

(b) See 42 U.S.C. 1(a)(c) (2013). Cites to section 1, subsections (a), (b), and (c) of 42 U.S.C.

(c1) See 42 U.S.C. 1, 3 (2013). Cites to sections 1 and 3 of 42 U.S.C., but not section 2.

(c2) See 42 U.S.C. 1(a), (c) (2013). Cites to sections 1, subsections (a) and (c) of 42 U.S.C.,

but not subsection (b).

(2) INTERNAL CROSS-REFERENCES This section is self-explanatory. However, one issue often needs clarification.

(a) When an author is citing to his or her own footnote, this is how he or she should cite:

See supra note 12 and accompanying text.

(b) When an author is citing to his or her own text, this is how he or she should cite:

See supra text accompanying note 12.

This distinction is best explained by the word which follows the supra: if you are citing to the

footnote, you supra to the note. If you are citing to the text, you supra to the text.

If an author leaves this unclear, it is best to speak with an Executive Board Member so he or she

can receive clarification. Leaving this unaddressed is unacceptable. Each editor is expected to

look up the cross-reference and attempt to decipher whether the author meant to cite to the text

or the footnote.

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III. BLUEBOOK RULE 4 SHORT CITATION FORMS

(1) FIVE ID. RULE The five id. rule applies to all instances where you may use an id.

You can use id. up to five consecutive times before needing to short cite.

Example 5:

1. See St. Thomas v. Law Review, 44 U.S. 560, 561 (2013).

2. Id.

3. Id. at 562.

4. Id. at 561.

5. Id.

6. Id. at 563.

7. See St. Thomas, 44 U.S. at 563.

This rule also applies if you are citing to different opinions within the same case (see BBR

10.9(b)(i)).

Keep in mind, if any citation breaks up your ids, you must short cite and then you can start a new

id. chain.

Example 6:

1. See St. Thomas v. Law Review, 44 U.S. 560, 561 (2013).

2. Id.

3. Id. See John v. Doe, 46 U.S. 100, 101 (2013).


5. Id.

6. Id.

7. Id.

8. Id.

9. Id.


Also, make sure you follow this rule in conjunction with the rule for short citing cases. The case

must be cited within the previous five footnotes for it to be eligible for a short citation. This

means in the previous five footnotes the case must be short cited, full cited, or idded. E.g., if you

are citing the case in Footnote 10, then the case must be cited in one of those forms in footnotes

9, 8, 7, 6, or 5 to be eligible for a short citation. Otherwise, the case must be cited in full again.

See BBR 10.9(a); Section IV(8)(b) of this handbook.

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IV. BLUEBOOK RULE 10 - CASES

(1) BASIC CITATION FORMS Use the Basic Citation Forms table for case citations with special characteristics, such as filed but not decided cases, unpublished decisions, etc. See BBR 10.1, p. 88.

(2) CASE NAMES (a) Case names in Citations

In citations, always abbreviate the case name fully and do not italicize or underline the case

name. See BBR 10.2, p. 89.

Example 7:

See S. Pac. Co. v. Jensen, 244 U.S. 205, 225 (1917).

(b) Case names in Textual sentences

When making reference to a case in the text, do not abbreviate the case name fully and always

italicize. See BBR 10.2, p. 89.

Example 8:

In Southern Pacific Co. v. Jensen, 244 U.S. 205 (1917), Justice McReynolds stressed

(c) When creating case citations, keep in mind:

Always use the case name that appears at the beginning of the opinion. See BBR 10.2.1, p. 89.

Always retain in full the first word in each partys name unless one of the exceptions applies. See BBR 10.2.1, p. 89-90.

When the case is a consolidation of two or more actions, always cite to the first one listed. See

BBR 10.2.1, p. 89-90.

When the case has several parties, only use the first listed on each side. See BBR 10.2.1, p. 90.

Example 9: Simmons v. Luis Walter & Scott Smith

Citation: Simmons v. Walter

Omit words indicating multiple parties and alternative names given to parties, such as d/b/a and et al. See BBR 10.2.1, p. 90.

Abbreviate on the relation of, for the use of, on behalf of, as next friend of, and similar expressions to ex rel. See BBR 10.2.1(b), p.90.

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Abbreviate in the matter of, petition of, application of, and similar expressions to In re. See BBR 10.2.1(b), p.90-91.

Abbreviate widely known acronyms according to rule 6.1(b), and the words: &, Assn, Bros., Co., Corp., Inc., Ltd., and No. unless the one of these begins a partys name. See BBR 10.2.1(c), p.91.

Omit the word The if it is the first word of a party name unless it is part of the name of an object, part of an established popular name, or in cases royalty is a party, such as The Queen. See BBR 10.2.1(d), p. 91.

Do not include any descriptive terms such as appellant, administrator, etc. See BBR 10.2.1(e), p. 91.

Omit given names or initials of individuals unless found in businesses names. See BBR 10.2.1(g),

p. 91.

If a last name has two or more words, include them all.

Example 10: Abdul Ghani v. Subedar Shoedar Khan

Always abbreviate the words found in table 6 even if they are the first word of a partys name. See BBR 10.2, p. 94.

Abbreviate geographical terms according to table 10 unless the term is the entire name of the

party. See BBR 10.2, p. 94.

Other than the words in table 6, you can abbreviate other words of eight letters or more if you

will save substantial space. See BBR 10.2, p. 95

(3) REPORTERS AND OTHER SOURCES (a) Use table T1 to determine which reporters to cite for both federal and state jurisdiction.

(b) When you have parallel citations, in documents not submitted to state court, such as your

comment, cite to the relevant regional reporter if the decision is found therein. See BBR 10.3.1,

p. 95.

Be aware the decision could be found as an official public domain or it cannot be located in

either public domain or in the regional reporter. If this is the case, go to BBR 10.3.1, p. 95 for

more details.

Go to BBR 10.3.3, p.96 for explanation on how to cite a decision available in public domain.

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(c) When citing to reporters, always include volume designation, abbreviated name of reporter,

and the page number where the case begins. See BBR 10.3.2, p. 96.

Example 11:

Burt v. Rumsfeld, 322 F. Supp. 2d 189 (D. Conn. 2004).

(4) COURT AND JURISDICTION (a) Always indicate which court decided the case. Use T1, T2, T7 and T10 to abbreviate as

applicable. See BBR 10.4, p. 97.

(b) Federal courts

When citing to the United States Law Weekly, the United State Supreme Court is indicated as

U.S. If on the other hand, you are citing to the Supreme Court Reporter and the United States

Reporter, omit the Supreme Courts name and only list the date of the decision in the parenthetical. See BBR 10.4, p. 97.

Example 12:

Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579, 585 (1952).

(c) State Courts

When citing to state court cases, include the state and the court of decision unless you are citing

to the states highest court. If this is the case, do not include the name of the court. See BBR 10.4, p. 98.

(5) DATE OR YEAR (a) Always list the year on which the case was decided. If the case was argued on August 11,

2011 and it was decided on January 12, 2012, the year that must be entered in the citation is

2012. See BBR 10.5(a), p. 99.

(b) When you have decisions published in other sources, not reporters, give the exact date.

Remember to abbreviate the month according to table 12. See BBR 10.5(b), p. 99

(c) When using pending cases or cases dismissed without an opinion use the date or the year of

the most recent disposition. See BBR 10.5(c), p. 99

(6) PARENTHETICAL INFORMATION REGARDING CASES (a) Information about the weight of authority of a case, such as en banc, in banc, per curiam, etc.,

can be added in a separate parenthetical following the date of the decision. See BBR 10.6.1,

p.100.

(b) When you cite a case for a proposition that is not the clear holding of the case, such as a

dissent, alternative holding, plurality opinion, etc., indicate that fact in a parenthetical. See BBR

10.6.1, p.100.

Example 13:

Parker v. Randolph, 442 U.S. 62, 84 (1979) (Stevens, J., dissenting).

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(c) Include a quoting or citing parenthetical if the case you are citing too is either citing or quoting another case. Keep in mind only one level of recursion is required. See BBR 10.6.2,

p.100-101.

(d) When you have a case citation having two or more parentheticals, the following is the order

of authority: (1) weight of authority parenthetical, (2) quoting and citing parenthetical, and (3) explanatory parenthetical. See BBR 10.6.3, p.101.

(e) When including the prior or subsequent history of a case in the citation, please follow BBR

10.7.1. See BBR 10.6.2, p.102-103.

(7) SPECIAL CITATION FORMS (a) When you have a case that is pending or unreported and is available on electronic media, you

can cite to the database that has the case available. See BBR 10.8.1, p. 104.

The citation must include the case name, docket number, database identifier, court name, and the

full date of the most recent major disposition. In addition, if the database includes codes or

numbers that uniquely identify the case, such as LEXIS and WESTLAW include them.

Page or screen numbers must be preceded by an asterisk and paragraph numbers, if any, by a

paragraph symbol.

Example 14:

Gibbs v. Frank, No.02-3924, 2004 U.S. App. LEXIS 21357, at *18-19 (3d Cir. Oct. 14, 2004).

(b) If you have a case that is unreported but appears in a slip opinion include the docket number,

the court, and the full date of the most recent major disposition of the case. See BBR 10.8.1(b),

p.104.

(c) When working with case filings, give the full name of the document, a pinpoint citation, the

full case citation and the docket number. Remember, the cases rules work together. If the case

has not been decided, you must follow BBR 10.5(c), but always provide the date the last filing

was made. If on the other hand, a decision was made, you must follow BBR 10.5(a). You can

include a parallel citation to a commercial database if you think is helpful. See BBR 10.8.3, p.

106.

Example 15:

Brief of Petitioner at 24, Scott v. Harris, 550 U.S. 372 (2007) (No. 05-1631), 2006 WL 3693418, at *17.

The same rules apply when working with audio recordings such as oral arguments. Title may

include a description of the recording. Instead of a pin cite, use timestamps. If the recording is

available online, include a URL also.

Example 16:

Oral Argument at 11:38, Roe v. Wade, 410 U.S. 113 (No. 70-18), available at http://www.oyez.org/cases/1970-

1979/1971/1971_70_18/argument.

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(8)SHORT FORM FOR CASES (a) Full citation form v. Short citation form

When you use the short citation form of a case, you need to italicize the name of the party used

in the short citation. In addition, you do not need to include the parenthetical.

Full Citation Form Short Citation Form

Youngstown Sheet & Tube Co. v. Sawyer,

343 U.S. 579, 585 (1952).

Sawyer, 343 U.S. at 585.

(b) In law review footnotes, a short citation of a case can be use when (1) the case was already

cited in the same footnote or (2) the case was already cited in one of the preceding five footnotes.

If the case was not cited in the preceding five footnotes then a full citation is required. See BBR

10.9, p. 107.

Example 17:

FN 1: See Atkins v. Virginia, 536 U.S. 304 (2002) (explaining that the execution of a mentally impaired offender is

excessive).

FN 2: Rees v. Payton, 384 U.S. 312, 314 (1966); see also Rohan ex rel. Gates v. Woodford, 334 F.3d 803, 807 (9th

Cir. 2003) (stating the right of competency has been established at common law when it prohibited the trial and

executions of incompetents).

FN 3: Rees, 384 U.S. at 315.

FN 4: Id.

FN 5: Id. at 314.

FN 6: Id.

FN7: Atkins v. Virginia, 536 U.S. 304 (2002).

(c) If the case was found in a commercial electronic database, use the unique database identifier

number in the short citation if available. See BBR 10.9(a)(ii), p. 109.

(d) Once a case has been cited in full in the text or in the footnotes, reference to the case can be

made using the name of one of the parties without further citation. See BBR 10.9(c), p. 109.

Example 18:

The issue presented in Bakke has not been fully resolved.

(e) When citing a case using Id., keep in mind there are two exceptions: See BBR 10.9(b), p. 109.

When you use Id. to refer to the same case, but you are really citing to a different opinion within

the case, such as a dissent, concurrence, etc. indicate so in the parenthetical.

Example 19:

Id. at 638 (Jackson, J., concurring)

If a parallel citation is required the structure of the Id. is different.

Example 20:

Id. at 465, 233 A.2d at 563.

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V. BLUEBOOK RULE 12 - STATUTES

(1) BASIC CITATION FORMS See BBR 12.1, p. 111 for specific references to applicable rules and tables regarding the types of

statutes or sources mentioned below.

(2) CHOOSING THE PROPER CITATION FORM (a) When citing statutes that are currently in force, cite to the current official code or its

supplement if possible. Where this citation is not available, see alternative sources that may be

used in lieu of the current official code in BBR 12.2.1(a), p. 112.

(b) When citing statutes that are no longer in force, cite to the current official or unofficial code

if they still appear therein. If not, cite to the most recent edition of the official or unofficial code

in which the statute appeared. Where the statute is no longer in force, a parenthetical indicating

its invalidation, repeal, or amendment must follow the citation. BBR 12.2.1(b), p. 11213.

(c) Exceptions

a. Where a statute appears in scattered sections or titles throughout the code, the session laws

may be cited in lieu of the code for ease. However, a parenthetical indicating the general

location of the codified sections should follow the citation. BBR 12.2.2(a), p. 113.

b. Historical facts of enactment, amendment, or repeal should be cited to in the session laws.

Cite the session laws if the language in the code is materially different than what appears in

the session laws and the relevant title has not yet been enacted into positive law.

(3) CURRENT OFFICIAL AND UNOFFICIAL CODES Refer to BBR 12.3, p. 114 for more information and examples regarding name, section, subject

matter, and year of code.

(4) SESSION LAWS Session laws are the enactments of a legislature during a legislative session and are published in

the order of their enactment. They are usually referred to in code volumes, making it easier to

find this type of source.

The name, volume number, pages and sections, and year or date of the session law is necessary

when citing this type of source. BBR 12.4, p. 11617.

Omit words in the official title that are not necessary for identification of the session law (i.e.

the, of, etc.). BBR 12.4(b), p. 116. Where the session law has been or will be codified, meaning it will be adopting into a code, this

information must be included in a parenthetical following the citation. BBR 12.4(f), p. 117.

(5) ELECTRONIC MEDIA AND ONLINE SOURCES (a) Exact copies of a source available online can be cited like the original print source rather than

a direct citation to the online source. BBR 12.5(b), p. 118.

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Instead of: Use:

NEB. REV. STAT. 2-1247 (2007),

http://nebraskalegislature.gov/laws/statutes.php?statute=2-

1247.

NEB. REV. STAT. 2-1247

(2007).

(b) Unofficial online versions are cited in accordance with BBR 18.2.3 (Parallel Citations to

Internet Sources). BBR 12.5(b), p. 118.

(6) OTHER SECONDARY SOURCES Where the statute cited originates from a source other than a code, session law, or electronic

database, cite it as if citing to a session law. BBR 12.6, p. 118.

(7) INVALIDATION, REPEAL, AMENDMENT, AND PRIOR HISTORY When a session law has been invalidated, repealed, amended, or prior history is cited, refer to

BBR 12.7, p. 11920 for more information and examples of proper use.

(8) EXPLANATORY PARENTHETICAL PHRASES Explanatory parenthetical phrases are meant to give a variety of relevant information pertaining

to the statute. See BBR 12.8, p. 120 for more information and uses of explanatory parenthetical

phrases.

(9) SPECIAL CITATION FORMS The Internal Revenue Code, Ordinances, Rules of Evidence and Procedure, Uniform Acts,

Model Codes, Restatements, Standards, and Sentencing Guidelines, and ABA Code of

Professional Responsibility and Opinions on Ethics allow for special citation forms. BBR 12.9,

p. 12024.

Rules that have been repealed or are otherwise no longer in force, give the most recent official

source in which they appear and the date of repeal. BBR 12.9.3, p. 121.

When citing comments, notes, other addenda, application notes, background commentary,

introductory commentary, and appendices to model codes, restatements, standards, and

sentencing guidelines, indicate at cite according to BBR 12.9.5, p. 123.

(10) SHORT FORMS FOR STATUTES Refer to BBR 12.10, p. 12425 for a chart with examples of short forms for statutes as well as when it is appropriate to use short citations versus full citations.

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VI. BLUEBOOK RULE 14 ADMINISTRATIVE AND EXECUTIVE MATERIALS

BBR 14 is mainly used for the Code of Federal Regulations.

For this section, keep in mind that the date cited is the date of the most recent edition published,

and each title is revised at least once a year. Please make sure the edition cited is the most recent edition.

For a sourcing assignment, your job will be to ensure there are no editions which are more recent

than the one cited. If there are, notify your AE or SAE with a link or citation to that edition. The

AE or SAE will then confirm with the Executive Board that the author intended to use this

particular edition and not the most recent one published.

For your comments, follow the bluebooks requirement of citing the most recent edition.

VII. BLUEBOOK RULE 15 BOOKS, REPORTS, AND OTHER NONPERIODIC MATERIALS

The Bluebook is straightforward regarding the formatting of book citations. However, there are

a few areas of confusion that may arise.

(1) PUBLISHERS (a) Not the Original Publisher

The example in the Bluebook for books on p. 140 does not indicate citing to a publisher is

necessary in all circumstances. However, under BBR 15.4(a)(iii), you must cite to the publisher

if citing to a book that is published by someone other than the original publisher. What this means is, simply put, if I publish a book in 1999 and it is re-published by you in 2012, and you

are using the 2012 edition of the book, you must follow the requirements in 15.4(a)(iii). If you

are using the 1999 edition, you do not need to use 15.4(a)(iii). See examples, BBR 15.4, p.141.

Note: Publishers are abbreviated per BBR 15.1(d), and the rule requires other information to be

included in the citation.

(b) No author, editor or translator

Designate work by the publisher if there is no author, editor, or translator. BBR 15.2(c), p. 140.

(2) EDITIONS Make sure you cite to the latest edition of the book however, the Bluebook leaves an exception to this general rule. That exception applies when an earlier edition would be particularly relevant, then you may cite to the older edition. BBR 14.4(a), p. 140.

This means that the older edition must have information which is different (and relevant) from

the newer edition, or, for sourcing assignments, the author of the article has confirmed they

intend to use the older edition of the work.

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(3) EDITORS When to include an editors name can be confusing. Generally, include editors whenever an editor is distinguishable from the author. Furthermore, editors names are to be cited according to BBR 15.1 in the same manner as authors. BBR 15.2(a), p. 139.

VIII. BLUEBOOK RULE 16 PERIODIC MATERIALS Bluebook Rule 16 (Periodicals) breaks down into two main areas: Law Review Articles and

Newspapers.

(1) LAW REVIEW ARTICLES (a) Titles

If there are words or phrases that would be italicized when appearing in the main text, then they

are not italicized in the title. See BBR 16.3, p. 149.

Example 21:

The title of F. Scott Fitzgeralds The Great Gatsby would be italicized in main text because it is the title of a book.

Therefore, if the title of a law review article is Legal Implications in The Great Gatsby, the phrase The Great Gatsby will be in normal Roman type.

Gary Kravitz, Legal Implications in The Great Gatsby, 1 ST. THOMAS L. REV. 43, 46 (2013).

NOT Gary Kravitz, Legal Implications in The Great Gatsby, 1 ST. THOMAS L. REV. 43, 46 (2013).

(b) Journal Names

Dont forget that Journals are abbreviated by T10 and T13. See infra, Part XII.

Cite Magazines according to BBR 16.5.

(2) NEWSPAPERS (a) Difference between Newspapers and Consecutively Paginated Journals

Make sure you note the three instances when/how you cite newspapers differently than

consecutively paginated journals. BBR 16.6, p. 151.

(b) Online Newspapers

DO NOT treat an article from a newspaper found on the internet the same as a print newspaper

article. Often, newspapers publish blogs and other types of articles that are not considered

newspaper articles. Cite those accordingly under BBR 18.

An article found online which is identical to that which is found in print may be cited as an

online newspaper. Please be sure that the online article is identical to the article in print.

If the information necessary to cite the print article can be found rather than the online article, it

would be more appropriate to cite the print version of the article. BBR 16.8, p. 157.

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IX. BLUEBOOK RULE 18 THE INTERNET, ELECTRONIC MEDIA, AND OTHER NONPRINT RESOURCES

Most students love to cite to websites in their comments. Check with your assigned mentor and

Note and Comment Editor for advice specific to your topic.

(1) BLOGS Cite Blogs according to BBR 18.1(a) under the section titled dynamic webpages, such as blogs.

Generally speaking, if the webpage does not have an author, date, and time of post, it is most

likely not a blog, and needs to be cited as an ordinary webpage.

(2) PDFS Often, you will find PDFs via the internet. It is important to determine what type of source the

PDF is. Sometimes they are reports, and other times they are paginated PDF documents. If there

is no pagination, it is fair to assume it is a report. Here is the distinction:

(a) PDF

Cite according to BBR 18.1(a) under the section titled online source that preserves original pagination, such as a PDF.

If the source does not have a citation similar to examples listed in the bluebook, but has pages,

cite like this:

Author, Title, first page # listed, pinpoint (year), website URL.

Example 22:

John Doe, St. Thomas Law Review Handbook, 1, 4 (2013), http://www.stthomaslawreview.org/handbook.pdf.

(b) Reports

If a page is not paginated, but is a PDF, cite like this:

AUTHOR (COMPANY, WHATEVER IS AVAILABLE), TITLE (Year), available at website URL.

Example 23:

U.S. FISH & WILDLIFE SERV., A HISTORY OF THE ENDANGERED SPECIES ACT OF 1973 (2011), available at

http://www.fws.gov/endangered/esa-library/pdf/history_ESA.pdf.

(3) DATE AND TIME If there is no date of posting, the date of last updated or last modified should be used. If there is no date listed at all anywhere on the website, determine what type of page the website is

and cite accordingly.

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X. T6 CASE NAMES AND INSTITUTIONAL AUTHORS Table 6 provides the necessary abbreviations for words when used in case names. Often, the

Bluebook will refer you to T6 to abbreviate other citation forms. Be aware of this.

The only note to emphasize regarding T6 is that you are given discretion to abbreviate words of

eight letters or more that are not listed in the table IF it will be unambiguous. The Bluebook

gives the example of abbreviating Attorney as Atty.

If writing your comment, feel free to use that at your own discretion after conferring with your

assigned mentor and Note and Comment Editor.

If editing an article for the Law Review, please leave a comment suggesting an abbreviation if

applicable for the Articles and Senior Articles Editors to consider.

Documents

Law Review Sourcing Handbook - Fall 2013