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Citation, Slavery, And The Law As Choice: Thoughts On Bluebook Rule 10.7.1(D), David J.S. Ziff

Articles

Today, more than 150 years after the end of the Civil War, lawyers and judges continue to rely on antebellum decisions that tacitly or expressly approve of slavery. This reliance often occurs without any acknowledgement of the precedent’s immoral and legally dubious provenance. Modern use of these so-called “slave cases” was the subject of Professor Justin Simard’s 2020 article, Citing Slavery. In response to Professor Simard’s article, the latest edition of The Bluebook includes Rule 10.7.1(d), which requires authors to indicate parenthetically when a decision involves an enslaved person as a party or the property at issue. Unfortunately, Rule 10.7.1(d) …

Persuasion Through Citation: Four Ways To Enhance Your Legal Arguments With Proper Legal Citation, Melissa N. Henke

Law Faculty Popular Media

No abstract provided.

Legal Citations: A Foundation Of Written Advocacy, Douglas E. Abrams

Faculty Publications

The article advanced this formula for achieving effective appellate advocacy: “First, you seek to persuade the court of the merit of the client’s case, to create an emotional empathy for your position. Then you assist the court to reach a conclusion favorable to the client’s interest in terms of the analysis of the law and the procedural posture of the case.”

Using Artificial Intelligence In The Law Review Submissions Process, Brenda M. Simon

Faculty Scholarship

The use of artificial intelligence to help editors examine law review submissions may provide a way to improve an overburdened system. This Article is the first to explore the promise and pitfalls of using artificial intelligence in the law review submissions process. Technology-assisted review of submissions offers many possible benefits. It can simplify preemption checks, prevent plagiarism, detect failure to comply with formatting requirements, and identify missing citations. These efficiencies may allow editors to address serious flaws in the current selection process, including the use of heuristics that may result in discriminatory outcomes and dependence on lower-ranked journals to conduct …

Endogenous And Dangerous, Brian N. Larson

Faculty Scholarship

Empirical studies show that courts frequently cite cases that the parties did not cite during briefing and oral arguments—endogenous cases. This Article shows the cognitive and rational dangers of endogenous cases and presents an empirical study of their use. I contend that judges should avoid using endogenous cases in their reasoning and opinions. This Article’s first significant contribution is to provide the first exhaustive treatment in the American legal literature of the rational bases upon which defeasible legal deductions and legal analogies may be built and the critical questions or defeaters that can weaken or bring them down. As far …

Law Library Blog (September 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

The Folly Of The Embedded Full Citation: How The Bluebook And Alwd Manuals Encourage Weak Legal Writing, Ben Bratman

Articles

Unfortunately, the two most prominent citation guides for legal writing, the Bluebook and the ALWD Guide to Legal Citation, include provisions allowing legal writers to embed a full citation to legal authority as a grammatical element of a textual sentences. As a result, both beginning and experienced legal writers do not hesitate to burden their sentences with the clutter of full citations. Most dubiously, legal writers far too often begin the topic sentence of a paragraph with the phrase “In [case name],” followed by an embedded citation, thereby wrongly emphasizing the case name instead of the legal principle that the …

To Cite Or Not To Cite: Is That Still A Question, Deborah L. Heller

Elisabeth Haub School of Law Faculty Publications

Some states still restrict the citation of unpublished opinions, and the rules among the federal circuits vary slightly as well. This article looks at the history of case publication, the controversy over unpublished opinions, and the current rules related to the citation of unpublished cases.

Basic Bluebooking In Legal Documents, Cynthia Pittson, Deborah L. Heller

Elisabeth Haub School of Law Faculty Publications

Three tip sheets on basic Bluebooking in legal documents presented as tables. The tables include the relevant rules, formulas for the basic citations, and examples for federal and state cases, federal and state statutes, and secondary sources (law review articles, newspaper articles, books and treatises, and other frequently used sources). These were originally developed by Cynthia Pittson for use in the first-year Legal Skills course at the Elisabeth Haub School of Law at Pace University. They have been updated to the 21st Ed. of the Bluebook by Deborah L. Heller.

Bluebooking Environmental Resources, Deborah L. Heller

Elisabeth Haub School of Law Faculty Publications

Five-page tip sheet presented as a table covers how to properly cite environmental material according to the Bluebook. It includes federal and state bills, legislation, and regulations, federal and state administrative adjudications and other administrative material. Updated to the 21st Ed. of the Bluebook.

What Probate Courts Cite: Lessons From The New York County Surrogate’S Court 2017-2018, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

By knowing what a judge cites, one may better understand what the judge believes is important, how the judge understands her work will be used, and how the judge conceives of the judicial role. Empirical scholars have devoted serious attention to the citation practices and patterns of the Supreme Court of the United States, the United States Courts of Appeals, and multiple state supreme courts. Remarkably little is known about what probate courts cite. This Article makes three principal claims — one empirical, one interpretative, and one normative. This Article demonstrates through data, derived from a study of all decrees …

Law Library Blog (August 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Bluebooking Environmental Resources, Deborah Heller

Elisabeth Haub School of Law Faculty Publications

Five-page tip sheet presented as a table covers how to properly cite environmental material according to the Bluebook. It includes federal and state bills, legislation, and regulations, federal and state administrative adjudications and other administrative material.

Citations: Suggestions For Citing Authority Without Distracting The Reader, Kristin J. Hazelwood

Law Faculty Popular Media

In this column for Kentucky Bar Association's magazine (B&B - Bench & Bar), Professor Hazelwood makes four suggestions to "un-clutter" legal writing. Practitioners are encouraged to: (1) limit string citations; (2) keep citations at the end of the sentence; (3) use explanatory parentheticals to explain the significance of citations, but not to replace text; and (4) avoid unnecessary repetition.

Unpublished Opinions And No Citation Rules In The Trial Courts, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.

The Rhetorics Of Legal Authority Constructing Authoritativeness, The “Ellen Effect,” And The Example Of Sodomy Law., Kris Franklin

Articles & Chapters

No abstract provided.

Footnote Citations?, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Let's face it-legal citations can interrupt the flow of sentences and make them harder to read. In comparison, the widely used Modem Language Association documentation style recommends short parenthetical citations in text that direct readers to a list of authorities at the end: for example, "(Gilli- gan 105)."Another format commonly used in history, art history, and other disciplines is that of the Chicago Manual of Style. The Chicago note style uses raised numerals in the text to refer readers to authorities in endnotes or footnotes. Although such a footnote style is predominant in law reviews, few have advocated it in …

Parallel Citations-Past And Present, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

By quiet decree, the fifteenth edition of the Bluebook changed all of this. The convention of using parallel citations was dropped in every instance except for "state court cases in documents submitted to courts of the state that originally decided them." Parallel citations were no longer required in legal memoranda or law reviews. Furthermore, the fifteenth edition required writers to use only the West version when a single source was listed. This new rule seemed to undermine the value of official citations that traditionally came before the unofficial West versions and suggested a preference for the official source issued by …

A New Bluebook, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

In late August 2000, the Seventeenth Edition of The Bluebook' hit the shelves of lawschool bookstores across the country. Only a few first-year students have an inkling of what this unassuming, spiral-bound paperback has in store for them. However, savvy second and third-year students know to check the Preface for changes from previous editions. The Preface to the Seventeenth Edition2 lists fifteen "noteworthy" changes from the Sixteenth Edition. Here are six that may have the most impact on practitioners.

String Citations-Part Ii, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

However, string citations can be useful in some situations. For example, you may wish to use a string citation if you need to illustrate that there is a trend of authorities or that more than one case or jurisdiction supports the proposition you urge. String citations also are helpful when readers expect a comprehensive treatment of authorities.

String Citations-Part I, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Whenever you list more than one authority to support the same legal proposition, you are using a "string citation." The name arises from the impression that the writer is "stringing" together several citations. In a string citation, each authority follows the next in a proscribed order: (1) by strength of authority (primary before secondary, enacted law before case law); (2) by jurisdiction (federal before state, alphabetically among states); (3) by rank of court (highest to lowest court); and (4) by date (reverse chronological with most recent first).' Semi-colons are placed between each authority.

Legal Citations For The Twenty-First Century, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

True, a judge probably won't rule against you if your cites are wrong, but faulty cites do reflect poorly on you.' First, like good manners, proper citations illustrate both your knowledge of the rules of etiquette for legal writing and your precision in following those rules. If your citations are sloppy, some readers may presume that your research and reasoning were done in a similarly uninformed and careless fashion.

Pesky Citations, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Constant citation to legal authorities presents a unique problem for legal writers. Although these authorities are necessary to the analysis, integrating them can interrupt the flow of the writing, or more significantly, can obscure the meaning. Law reviews have chosen to use footnotes to address this problem. But footnotes create their own form of vertical interruption,' and many courts discourage their use in briefs. This article addresses some of the difficulties created by these pesky citations and suggests some solutions for incorporating them more smoothly.

Alwd Citation Manual: A Professional System Of Citation, Terrill Pollman, Leah A. Kane

Scholarly Works

The Association of Legal Writing Directors (ALWD) has written a new citation manual that is easy to teach from and easy to use.

Although the ALWD Manual provides a very different teaching and learning experience, practitioners should experience few difficulties adjusting to the new manual.

Are You Practicing An Uninformed System Of Citation?, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

An important—but sometimes annoying—component of legal writing is citation to controlling authority. Through citation, we should provide our readers with recognizable and accurate references to the sources that form the basis of our legal analyses. The fundamental sources of controlling Colorado law are the Colorado statutes, session laws, rules of procedure, jury instructions and cases. Although The Bluebook forms for these sources are recognizable, they are rarely used in the Colorado courts.