Transcript CITATION PRESENTATION - John Marshall Law School

Bluebooking for Id.iots.
Orientation 2007-2008
1. STUDENT COMMENT ORGANIZATION
2. THE BLUEBOOK
3. RIPL STYLE GUIDE
4. GRAMMER [sic]
THE BLUEBOOK
What Is The Blue Book?
ALWD for Law Reviews
What is the Difference Between The Blue Book and ALWD?
SMALL CAPS
THE BLUEBOOK
Organization
R10:
R11:
R12:
R13:
R14:
R15:
R16:
R17:
R18:
R19:
R20:
R21:
Cases
Constitution
Statutes
Legislative Materials
Administrative and Executive Materials
Books, Reports, and Other Nonperiodic Materials
Periodical Materials
Unpublished and Forthcoming Sources (Speeches, Letters, etc.)
Electronic Media (Internet sources)
Services
Foreign Materials (Common law statutes)
International Materials
THE BLUEBOOK
Organization (cont.)
“T” Sections  at the end of The Blue Book
Abbreviations: Case Names, Countries, Dates, etc.
STUDENT COMMENT
Organization
1. Introduction
Attention Grabbing Quote
Some Background to PaperRoadmap
2. Background
Everything Out There On Your Topic – Case Law, Journals, etc.
Teach Yourself the Law
3. Analysis
Objective Observations – e.g., Compare & Contrast
4. Discussion
Thoughts, Formulations, Opinions, Logical Conclusions Based Off Analysis
5. Conclusion
Summary
STUDENT COMMENT
Organization (cont)
1. Main Text
2. Endnotes (not footnotes)
RIPL Style Guide
I. RIPL-Specific Citation Rules
1. Citations in Endnotes: All endnotes should begin with a citation!
BE CREATIVE!
Use Your SIGNALS
E.g.
Compare
Accord
Contra
See
But see
See also
But cf.
Cf.
See generally
BB. p.46-47
RIPL Style Guide
I. RIPL-Specific Citation Rules
3. Multiple Pages, Footnotes, Endnotes, Sections & Paragraphs
USE an “en” dash
In WORD: Insert  Symbols  Special Characters Tab
RIPL Style Guide
I. RIPL-Specific Citation Rules
4. Internal Cross-References ---- Limited Usage (TEXT ONLY!)
What CAN You Do?  See infra (supra) Part III.D.1
What CAN You Do? 
See supra text accompanying note 34
What CAN’T You Do  See sources cited supra note 24.
Do NOT Apply to Rule 4.2
Rule 4.2 involves the usage of supra when you
are trying to “short cite” law review articles, etc.
More on that Later
RIPL Style Guide
I. RIPL-Specific Citation Rules
6. INTERNET SOURCES
Use Only If Absolutely Necessary!
COMMON OCCURRENCE:
Magazine or Newspaper has an online source
CITE TO THE HARDCOPY VERSION
RIPL Style Guide
I. RIPL-Specific Citation Rules
7. Short Cites
Cases
FULL: Acumed LLC v. Stryker Corp., 483 F.3d 800 (Fed. Cir. 2007)
SHORT: Acumed, 483 F.3d at 808.
Statute Rule 12.9(c)
FULL:
35 U.S.C. § 271 (2006)
SHORT: 35 U.S.C. § 271
OR
§ 271
NOTE: Spell out word “section” in TEXT; May Use “§” In CITATION
RIPL Style Guide
I. RIPL-Specific Citation Rules
7. Short Cites (Cont.)
Rule 4.2 Supra [Legislative hearings, books, pamphlets, reports,
unpublished materials, nonprint sources, periodicals, services, treaties,
international agreements, regulations, directives, decisions of
intergovernmental organizations]
FULL (First Time Citing)
e.n. 1. Charles A. Reich, The New Property, 73 YALE L.J. 733, 737-38
(1964)
SHORT: (Subsequent Times Citing)
e.n. 14. Reich, supra note 1, at 738.
RIPL Style Guide
I. RIPL-Specific Citation Rules
7. Short Cites (Cont.)
Rule 4.2 Hereinafter [Use when cumbersome to cite with the usual supra or
when regular shortened form would confuse reader]
FULL (First Time Citing)
e.n. 21. Bronwyn H. Hall, Adam B. Jaffe & Manuel Trajtenberg, The NBER Patent
Citations Date File: Lessons, Insights, and Methodological Tools, PATENTS, CITATIONS &
INNOVATIONS, 403 (2002) [hereinafter The NBER Patent Citations Data File].
NOTE: Hereinafter good when using long internet cites!
SHORT: (Subsequent Times Citing)
e.n. 34. The NBER Patent Citations Data File, supra note 21, at 403.
RIPL Style Guide
7. Short Cites
I. RIPL-Specific Citation Rules
RULE: Short cite a case if the case is (1) already cited in the same
footnote or (2) cited (in either full or short form, including id.) in a
manner such that it can be readily found in one of the preceding
5 footnotes.
1.
2.
3.
4.
5.
6.
7.
8.
Acumed LLC v. Stryker Corp., 483 F.3d 800, 803 (Fed. Cir. 2007).
Id.
Charles A. Reich, The New Property, 73 YALE L.J. 733, 737-38 (1964).
Id.
Id.
Id.
Id. [Acumed, 483 F.3d at 804.]
Acumed LLC v. Stryker Corp., 483 F.3d 800, 804 (Fed. Cir. 2007).
NOTE: N/A when using supra and hereinafter.
RIPL Style Guide
I. RIPL-Specific Citation Rules
7. Id. Rule 4.1
RULE 1: Id. may be used in citation sentences and clauses FOR ANY KIND OF
AUTHORITY EXCEPT RULE 3.5 INTERNAL CROSS-REFERENCES
1. Acumed LLC v. Stryker Corp., 483 F.3d 800, 803 (Fed. Cir. 2007).
2. Id.
3. Charles A. Reich, The New Property, 73 YALE L.J. 733, 737-38 (1964).
4. Id.
5. Acumed, 483 F.3d at 803.
6. Reich, supra note 3, at 738.
7. Id.
8. 35 U.S.C. § 271 (2006).
9. Id.
10. Reich, supra note 3, at 737.
11. 35 U.S.C. § 271 (or § 271).
12.See supra text accompanying note 3.
13.See supra text accompanying note 3.
RIPL Style Guide
I. RIPL-Specific Citation Rules
7. Id. Rule 4.1
RULE 2: In court documents and legal memoranda, use id. when citing the
immediately preceding authority, but only when the immediately preceding
citation contains only one authority.
1. Acumed LLC v. Stryker Corp., 483 F.3d 800, 803 (Fed. Cir. 2007); see also Charles
A. Reich, The New Property, 73 YALE L.J. 733, 737 (1964) (explaining what life is
like in the nineteen-sixties).
2. Reich, supra note 1, at 738.
3. Id.
NOTE: IGNORE this rule when other authorities are in explanatory parenthetical,
explanatory phrase, or prior/subsequent history.
1. A v. B, 12 F.2d 484, 490 (2000) (quoting C v. D, 11 F.3d 112, 116 (1999)).
2. See id. at 495.
RIPL Style Guide
I. RIPL-Specific Citation Rules
7. Id.ing Statutes
1. 35 U.S.C. § 271(a) (2006).
2. Id.
3. Id. § 271(b).
In other words: NO “at”
RIPL Style Guide
III. Common Blue Book Errors in RIPL Articles
and Comments
8. Block Quotes: > 50 Words
Rebuttable Presumption: DO NOT BLOCK QUOTE  SUMMARIZE
What will Rebut?
Statutes, Famous Speech, Cardozo quote
RIPL Style Guide
III. Common Blue Book Errors in RIPL Articles
and Comments
4. RIPL Typeface Conventions for Case Names
Case Citation
Appears in:
Full-cite
Format
Short-cite
Format:
Main Text
Italics
Italics
Footnote
citations &
Parentheticals
Plain text
Italics
Footnote text
Italics
Italics
RIPL Style Guide
III. Common Blue Book Errors in RIPL Articles
and Comments
5. Italicizing Commas and Periods
RULE: Italicize the “period” after the Id.
Id.
RULE: A comma contained within a signal is italicized, but a
comma that follows a signal is NOT
See, e.g.,
GRAMMAR
What Comment Editors Look for When Grading Comments?
1. Faulty parallelism;
2. Split infinitives;
3. Comma misuse;
4. Improper quotations;
5. Improper use of possessives;
6. Shifting verb tenses;
7. Dangling modifiers;
8. Noun-verb agreement;
GRAMMAR
1. Faulty Parallelism
When two asymmetrical or dissimilar elements of a sentence are
grouped together
BAD
Shakespeare wrote comedies, tragedies, romances, and the
plays based on historical figures.
GOOD
Shakespeare wrote comedies, tragedies, romances, and
history plays.
GRAMMAR
2. Split Infinitives
When the “to” and the “verb” have been “split” by an adverb
FAMOUS SPLIT INFINITIVE:
To Boldly Go Where No Man Has Gone Before
Another Example:
He needed to quickly go to the store.
Correction:
He needed to go to the store quickly.
GRAMMAR
3. Comma Misuse
SUBJECTIVE and OBJECTIVE
1. Comma before a conjunction when there is no second subject:
The Federal Circuit held the patent invalid due to anticipating
prior art, and also held the patent unenforceable due to
inequitable conduct.
2. Comma before “if”
The district court judge instructed the parties to set a pretrial
conference date, if they could not reach a settlement agreement
in one week.
3. Comma after “that”
In order to be home for Thanksgiving, the law student
purchased a plane ticket, that cost her twice as much as she
expected.
GRAMMAR
4. Improper Quotations – No explanation needed
5. Improper Use of Possessives
it’s not its, their not they’re or there, Defendants’
6. Shifting verb tenses
- When she goes to law school, she brought her laptop.
- MORE COMMON: Change of tense between sentences in the
same paragraph, or, the same paper.
GRAMMAR
7. Dangling Modifiers
DEFINITION: A dangling modifier is a word or phrase that
modifies a word not clearly stated in the sentence. A modifier
describes, clarifies, or gives more detail about a concept.
BAD: After finishing the brief, the drinks were distributed at the bar.
FIX: After finishing the brief, the attorney went to the bar.
8. Noun-Verb Agreement
A group of RIPL students is falling asleep to this presentation.
GRAMMAR
That v. Which
Use “that” for Restrictive clauses
Use “which” for Nonrestrictive clauses
A restrictive clause is one that limits, or restricts, the
scope of the noun it is referring to.
Example: The house that is painted pink has just been sold.
The house, which is painted pink, has just been sold.
RULE: when using “that” do NOT use commas. When using
“which,” you MUST use commas
GRAMMAR
Who v. Which v. That
Who refers to people. That and which refer to groups or things.
PJ is the one who . . .
Jake is on the team that . . .
GRAMMAR
Passive Voice: Use of “to be”
Avoid!
BAD: The holding of Macdonald is that an . . .
GOOD: The court in Macdonald held that . . .