Introduction to Basic Legal Citation

1

Basic Legal Citation: What and Why?

§ 1-100 . Introduction

🧭 Overview

🧠 One-sentence thesis

Legal citation is a standardized technical language that allows lawyers and judges to refer to legal authorities with precision while balancing the need for complete information against keeping text uncluttered.

📌 Key points (3–5)

  • What legal citation is: a standard language of abbreviations and special terms that enables writers to refer to statutes, regulations, decisions, and secondary sources with precision.
  • Why lawyers and judges cite: they lace their arguments and opinions with references to authorities they believe are pertinent and supporting.
  • Three goals of a proper citation: identify the document and part; provide enough information for the reader to find it in their available sources; furnish additional context about the material and its connection to the argument.
  • Common confusion: copying citations from older sources or court opinions can yield inconsistent or outdated forms—citation norms change over time, and publishers alter citations for branding.
  • Why it matters: careful citation use signals craft and professionalism; careless citation leads to negative assumptions about the writer's competence.

📚 The citation landscape

📘 The Bluebook and ALWD Citation Manual

  • For many years, The Bluebook (named for its cover color) was the authoritative reference, written and published by a small group of law reviews.
  • So dominant that people refer to proper citation formatting as "Bluebooking."
  • The most recent edition mentioned is the nineteenth (2010).
  • In 2000, the ALWD Citation Manual: A Professional System of Citation (4th ed. 2010) appeared, prepared by the Association of Legal Writing Directors and designed specifically for instructional use.
  • Differences between the two manuals are minor and noted throughout this work.

🏫 Origins and focus

  • Both manuals are prepared in law schools with comprehensive print libraries and expensive commercial online systems.
  • Their principal focus is on writing that law students and professors do and that academic law journals publish.
  • The Bluebook sets forth two distinct versions: one for journals and an alternative set of "practitioner rules."
  • This work focuses on practitioner citation forms rather than journal publication, so it does not cover The Bluebook's distinct typography rules for journals.

🌐 Dialects and evolving usage

  • Like dictionaries, these manuals both prescribe and reflect usage.
  • Professional practice realities—especially digital distribution displacing print—lead to dialects or usages neither manual includes.
  • The type of writing required of lawyers and judges leads to citation practices quite different from those appropriate to published articles.
  • This introduction aims to identify important points where the two manuals diverge and where evolving usage in legal memoranda and briefs differs from the rules.

⚠️ Pitfalls and cautions

🚫 Don't copy citations blindly

Copying and pasting citations from decisions and other references into one's own writing is almost certain to yield inconsistent, nonstandard, and even incomplete citations.

  • Commercial publishers view citation as subtle advertising through branding.
  • Example: decisions published in Thomson Reuters's National Reporter System (e.g., Atlantic Reporter, Federal Supplement) have been altered by editors to refer to other West publications.
  • Several important state courts (California and New York among them) have idiosyncratic citation norms for their own decisions.
  • Many state courts cite their own statutes and regulations without repeating the full state name abbreviation in each reference (implied by context).
  • While a state court may accept or prefer briefs using the same citation dialect, Federal courts in the same state may not.

📅 Citation norms change over time

  • The Bluebook has been revised five times since 1990: substantially in 1991, controversially in 1996, and again in 2000, 2005, and 2010.
  • Citations from legal documents published in prior years may have conformed to standards at the time but may need reformatting to comply with current ones.
  • Even carefully edited pre-2010 journal articles, books, or opinions may not be in proper current form.
  • Don't confuse: a citation that was correct in the past may be outdated now.

🔍 Reading vs writing citation

  • Learning to read "legal citation" is easier than learning to write it fluently.
  • Active use of any language requires greater mastery than receiving and understanding it.
  • Dialects pose little confusion for a reader but present a serious risk of misleading and inconsistent models for a beginning writer.
  • As a writer, you must check all references you find in the work of others, including citations in court opinions.

🎯 What legal citation accomplishes

🎯 Three core purposes

A reference properly written in "legal citation" strives to do at least three things within limited space:

PurposeWhat it means
IdentifyIdentify the document and document part to which the writer is referring
LocateProvide the reader with sufficient information to find the document or part in the sources the reader has available (which may or may not be the same sources as those used by the writer)
ContextualizeFurnish important additional information about the referenced material and its connection to the writer's argument to assist readers in deciding whether or not to pursue the reference

⚖️ The fundamental tradeoff

  • The tradeoff underlying any citation scheme is between providing full information about the referenced work and keeping the text as uncluttered as possible.
  • Standard abbreviations and codes help achieve a reasonable compromise of these competing interests.
  • While encryption creates difficulty for lay readers, it achieves a dramatic reduction in the space consumed by often numerous references.
  • Experienced readers learn to follow a line of argument straight through the many citations embedded in it.
  • Citations are a bother until the reader wishes to follow one.

🛠️ How to use this work

📖 Scope and limitations

Being an introductory work, not a comprehensive reference, this resource has a limited scope and assumes that users confronting specialized citation issues will have to pursue them into the pages of The Bluebook, the ALWD Citation Manual, or a guide or manual dealing with the citation practices of their particular jurisdiction.

  • This introduction is limited to contemporary U.S. legal material.
  • It does not cover the full range of journal writing, including foreign law materials and historic references that both manuals embrace.
  • Cross-reference tables in sections 7-300 (Bluebook) and 7-400 (ALWD) are incorporated by links throughout to facilitate out-references.
  • Wherever you see [BB|ALWD] at the end of a section heading, you can obtain direct pointers to more detailed material.

🎓 Learning approach

  • Few people find a dictionary the best starting point for learning a new language; for the same reasons, neither The Bluebook nor the ALWD Citation Manual is a good primer.
  • Like dictionaries, both manuals are designed as comprehensive reference works.
  • This introduction aims at building basic mastery through concise statements of principles and usage linked to examples.
  • The goal is not to separate you from a full reference work—inevitably you will encounter unusual situations requiring "looking up" the proper rule or abbreviation.
  • Instead, this introduction aims at a level of mastery that enables you to do all of your legal reading and much of your legal writing without having to reach for the manuals.
  • You would be wise to introduce yourself to one of the manuals as you proceed: read through its table of contents and introductory material; observe how it arrays its more detailed treatment.

🎬 Additional resources

  • A complementary series of "Citing ... in brief" video tutorials offers a quick-start introduction to citation of major categories of legal sources.
  • Currently available: Citing Judicial Opinions (8.5 minutes), Citing Constitutional and Statutory Provisions (14 minutes), Citing Agency Material (12 minutes).
  • These videos are useful for review.

💬 Feedback welcome

  • Comments, corrections, and extensions are welcome.
  • Questions: What doesn't work, isn't clear, is missing, appears to be in error? Has a change occurred in one of the fifty states that should be reported?
  • Many features and some coverage are the direct result of past user questions and advice.

🏁 Why mastery matters

🏁 The language of legal argument

  • When lawyers present legal arguments and judges write opinions, they cite authority.
  • They lace their representations of what the law is and how it applies to a given situation with references to statutes, regulations, and prior appellate decisions they believe to be pertinent and supporting.
  • They also refer to persuasive secondary literature such as treatises, restatements, and journal articles.
  • As a consequence, those who would read law writing and do law writing must master this new, technical language.

🏁 Professional expectations

  • Striving for proper citation form will for a time seem a silly distraction from the core project of writing.
  • But as is true with other languages, those who use this one carefully make negative assumptions about the craft of those who don't.
  • Being a simple language at its core, this one should fairly quickly become a matter of habit and thus no longer a distraction.
  • Don't confuse: the difficulty is temporary; the professional benefit is lasting.
2

§ 1-200. Purposes of Legal Citation

§ 1-200 . Purposes of Legal Citation

🧭 Overview

🧠 One-sentence thesis

Legal citation is a standardized language that balances providing complete retrieval information with keeping text uncluttered, enabling lawyers and judges to refer to authorities precisely while allowing readers to follow arguments without massive interruptions.

📌 Key points (3–5)

  • What legal citation is: a standard language of abbreviations and special terms that allows writers to refer to legal authorities with sufficient precision for others to follow the references.
  • The fundamental tradeoff: providing full information about referenced works versus keeping text as uncluttered as possible.
  • Three core goals: identify the document/part, enable retrieval from available sources, and furnish additional information to help readers decide whether to pursue the reference.
  • Common confusion: citations may seem like a silly distraction at first, but they achieve dramatic space reduction and become habitual—experienced readers learn to follow arguments straight through embedded citations.
  • Why it matters: without standard citation, briefs would be consumed by massive identifying material, making it impossible to follow lines of argument.

📚 What legal citation achieves

📝 Definition and purpose

Legal citation: a standard language that allows one writer to refer to legal authorities with sufficient precision and generality that others can follow the references.

  • It is a language of abbreviations and special terms because legal writing by lawyers and judges is so dependent on references.
  • The "encryption" creates difficulty for lay readers but achieves dramatic reduction in space consumed by often-numerous references.
  • As readers become experienced, they learn to follow arguments straight through many embedded citations—citations are "a bother until the reader wishes to follow one."

🎯 Three core objectives within limited space

A properly written legal citation strives to do at least three things:

  1. Identify the document and document part to which the writer is referring.
  2. Enable retrieval: provide sufficient information to find the document in the sources the reader has available (which may or may not be the same as the writer's sources).
  3. Furnish context: provide important additional information about the referenced material and its connection to the writer's argument to assist readers in deciding whether to pursue the reference.

⚖️ The fundamental tradeoff

🔄 Full information vs. uncluttered text

  • The fundamental tradeoff underlying any citation scheme is between:
    • Providing full information about the referenced work, and
    • Keeping the text as uncluttered as possible.
  • Standard abbreviations and codes help achieve a reasonable compromise of these competing interests.

📊 Illustration: Supreme Court case example

The excerpt provides a concrete example from a 1989 Supreme Court copyright case:

Full identifying material (from LexisNexis)Standard legal citation
COMMUNITY FOR CREATIVE NON-VIOLENCE ET AL. v. REID<br>No. 88-293<br>SUPREME COURT OF THE UNITED STATES<br>490 U.S. 730; 109 S. Ct. 2166; 104 L. Ed. 2d 811; 1989 U.S. LEXIS 2727; 57 U.S.L.W. 4607; 10 U.S.P.Q.2D (BNA) 1985; Copy. L. Rep. (CCH) P26,425; 16 Media L. Rep. 1769<br>March 29, 1989, Argued June 5, 1989, Decided<br>PRIOR HISTORY: CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. DISPOSITION: 270 U. S. App. D. C. 26, 846 F. 2d 1485, affirmed.Cmty. for Creative Nonviolence v. Reid, 490 U.S. 730 (1989).
  • Why the reduction matters: If a lawyer included all identifying material for every authority, there would be little room for anything else, and readers would have an impossible time following arguments past the massive interruptions.
  • What the short form achieves: With economy, it identifies the document and allows retrieval from a wide range of print and electronic sources (West's Supreme Court Reporter, Lawyers' Edition, Westlaw, LexisNexis, and myriad other sources).
  • Bonus information: The citation also tells the reader this is a 1989 decision of the United States Supreme Court (not, say, a fifty-year-old opinion of a U.S. District Court).

🛠️ How citation principles work

🗂️ Four categories of citation principles

The detailed principles of citation fall into four categories:

📍 Full Address Principles

  • Specify completeness of the address or identification of a cited document or document portion.
  • The goal: allow the reader to retrieve it.

➕ Other Minimum Content Principles

  • Call for inclusion of additional information items beyond a retrieval address.
  • Examples: full name of a journal article author, year a decision was rendered or a book published.
  • Some principles are conditional: they require inclusion of a particular item under specified circumstances, so the absence of that item signals those circumstances do not exist.
    • Example: subsequent history of a case must be indicated when it exists; edition of a book must be indicated if there have been more than one.
  • Most additional items either furnish a "name" for the cited document or information allowing the reader to evaluate its importance.

🗜️ Compacting Principles

  • Reduce the space taken up by information items included in a citation.
  • Include standard abbreviations (e.g., "United States Code" becomes "U.S.C.").
  • Eliminate redundancy: if the deciding court is communicated by the name of the reporter, it need not be repeated in the citation's concluding parentheses along with the date.

🎨 Format Principles

  • Cover punctuation, typography, order of items within a citation, and the like.
  • Apply to optional elements as well as mandatory ones.
  • Example: One need not report that a cited Supreme Court case was decided 5-4, but if one does, there is a standard form.

💡 Practical perspective

🌱 Learning curve and habit formation

  • At first, striving for proper citation form will seem like "a silly distraction from the core project of writing."
  • However, those who use this language carefully make negative assumptions about the craft of those who don't.
  • Being a simple language at its core, it should fairly quickly become a matter of habit and thus no longer a distraction.

🎯 The task in short

The task of "legal citation" in short is to provide sufficient information to the reader of a brief or memorandum to aid a decision about which authorities to check as well as in what order to consult them and to permit efficient and precise retrieval—all of that, without consuming any more space or creating any more distraction than is absolutely necessary.

  • Don't confuse: the goal is not to provide all possible information, but to provide sufficient information for retrieval and evaluation while minimizing space and distraction.
3

§ 1-300 . Types of Citation Principles

§ 1-300 . Types of Citation Principles

🧭 Overview

🧠 One-sentence thesis

Legal citation principles are organized into four categories that balance providing complete retrieval information with minimizing space and distraction in legal writing.

📌 Key points (3–5)

  • Core purpose: citations must provide sufficient information for readers to retrieve documents efficiently and evaluate their importance, without consuming excessive space or creating distraction.
  • Four principle types: Full Address (retrieval), Other Minimum Content (additional context), Compacting (space reduction), and Format (presentation standards).
  • Mastery priorities: accurate retrieval addresses are paramount; abbreviation errors in core reporters are critical failures, while case-name abbreviation inconsistencies are minor.
  • Common confusion: not all citation elements are equally important—retrieval accuracy matters far more than formatting conventions; a wrong volume number is a serious error, but writing "Environmental" instead of "Envtl." is trivial.
  • Why it matters: proper citation allows readers to decide which authorities to check, in what order, and to retrieve them precisely—all while keeping briefs readable rather than overwhelmed by citation clutter.

📚 The citation challenge

📚 The space vs. information problem

  • Legal opinions come with extensive identifying material (case names, docket numbers, court information, multiple reporter citations, dates, prior history, disposition).
  • Example from the excerpt: the LexisNexis header for Community for Creative Non-Violence v. Reid includes seven lines of metadata before the opinion text begins.
  • If lawyers included all that material for every cited authority, briefs would become unreadable—"little room for anything else" and "massive interruptions" would make following arguments "impossible."

⚖️ The standard solution

The excerpt shows how standard legal citation compresses the full header into:

Cmty. for Creative Nonviolence v. Reid, 490 U.S. 730 (1989).

This short form:

  • Identifies the document sufficiently for retrieval across multiple sources (West's Supreme Court Reporter, Lawyers' Edition, Westlaw, LexisNexis, and other databases).
  • Tells the reader key evaluation facts: it's a 1989 U.S. Supreme Court decision (not an old district court opinion).
  • Uses "economy" to balance completeness with brevity.

🗂️ Four types of citation principles

🎯 Full Address Principles

Principles that specify completeness of the address or identification of a cited document or document portion in terms that will allow the reader to retrieve it.

  • These ensure the citation includes enough information for precise retrieval.
  • The "identifier" (e.g., "490 U.S. 730") is the core retrieval address.
  • This category is about what must be present to locate the document.

📋 Other Minimum Content Principles

Principles that call for the inclusion in a citation of additional information items beyond a retrieval address.

What they require:

  • Author's full name (for journal articles).
  • Year of decision or publication.
  • Some principles are conditional: they require an item only under specified circumstances, and the absence signals those circumstances don't exist.

Examples of conditional principles:

  • Subsequent history of a case must be indicated when it exists.
  • Edition of a book must be indicated if there have been more than one.

Purpose:

  • Most items either furnish a "name" for the document or help the reader evaluate its importance.
  • Don't confuse: these go beyond retrieval—they add context for decision-making about which authorities to prioritize.

🗜️ Compacting Principles

Principles that reduce the space taken up by the information items included in a citation.

Techniques:

  • Standard abbreviations: "United States Code" becomes "U.S.C."
  • Eliminating redundancy: if the deciding court is communicated by the reporter name, it need not be repeated in the parentheses with the date.

Goal: include all necessary information while minimizing space and distraction.

🎨 Format Principles

Principles about punctuation, typography, order of items within a citation, and the like.

Scope:

  • Apply to both mandatory and optional elements.
  • Example: you don't have to report that a Supreme Court case was decided 5-4, but if you do, there is a standard form.

These principles govern presentation consistency, not content completeness.

🎓 Mastery priorities

🚨 Paramount: retrieval accuracy

The excerpt emphasizes one element demands "immediate mastery":

Painstaking care in recording and presenting the complete address or retrieval ID of a document.

Critical errors (cannot be explained away):

  • Wrong volume or page number for a case.
  • Erroneous section number or missing title number for a statute.

Impact:

  • "Negative impact on readers is palpable."
  • Analogy: like receiving an erroneous street address or a typo'd email address—the reader's frustration is immediate.
  • A judge's reaction to citation errors is "likely to be quite similar."

🔤 High priority: core abbreviations

Since retrieval addresses often include abbreviations, a "small set" must be mastered quickly:

CategoryWhat to memorize
Federal decisionsReporters for contemporary federal cases
Federal lawCodified statutes (e.g., U.S.C.) and regulations
State decisionsRegional reporters
State-specificWhen researching a particular state: that state's case reports, statutory compilations, and regulations

🏛️ Medium priority: court abbreviations

"Less critical in terms of function but no more difficult to master":

  • Abbreviations indicating the deciding court (when not implicit in the reporter name).
  • U.S. Courts of Appeals circuits.
  • U.S. District Courts.
  • State-specific: abbreviations for different courts in the state you're researching.

🔡 Low priority: name and title abbreviations

The excerpt calls these "last and least":

  • Conventions for reducing space in case names and journal titles.
  • Example: writing "Environmental" instead of "Envtl." is "standing by itself, a trivial oversight."

When it matters:

  • Consistent failure to abbreviate or idiosyncratic/inconsistent abbreviations can produce "inconvenience for the reader."
  • Don't confuse: a single instance of not abbreviating is trivial; a pattern of inconsistency becomes a problem.

⚠️ Don't confuse: error severity

The excerpt draws a clear line between error types:

  • Retrieval errors (wrong volume, page, section): serious, inexcusable—they break the citation's core function.
  • Abbreviation inconsistencies in names: minor—they don't prevent retrieval, just create mild inconvenience.
4

§ 1-400. Levels of Mastery

§ 1-400 . Levels of Mastery

🧭 Overview

🧠 One-sentence thesis

Mastery of legal citation should prioritize accurate retrieval information first, then essential abbreviations, and finally space-saving conventions, because errors in core address elements frustrate readers far more than minor formatting inconsistencies.

📌 Key points (3–5)

  • Immediate priority: painstaking care in recording complete, accurate retrieval addresses (volume, page, section numbers) – errors here are inexcusable and frustrating.
  • Second priority: memorize a small set of core abbreviations (federal reporters, statutes, regulations, regional reporters, and state-specific sources).
  • Lowest priority: space-saving conventions for case names and journal titles – trivial individually but can irritate readers if consistently wrong or idiosyncratic.
  • Common confusion: don't confuse "knowing what information to capture during research" with "formatting citations perfectly during research" – capture all required elements first, check abbreviations later.
  • Why it matters: citation errors undermine persuasion by conveying carelessness and wasting the reader's time.

🎯 The hierarchy of citation mastery

🔴 First priority: accurate retrieval addresses

The element of citation that calls for immediate mastery is painstaking care in recording and presenting the complete address or retrieval ID of a document.

  • What counts as the address: volume number, page number, section number, title number (for statutes).
  • Why this is paramount: of all citation purposes, furnishing accurate and complete retrieval information is the most important.
  • Errors here cannot be excused by citation complexity – they are simply mistakes.
  • Example: citing a case with the wrong volume or page number is like giving someone an erroneous street address or a typo-filled email address.
  • Reader impact: judges and other readers experience palpable frustration when they cannot retrieve the cited document.

🟡 Second priority: essential abbreviations

A small set of abbreviations must be mastered as soon as possible because they are part of the clear address itself.

Minimum set for all legal writers:

  • Reporters for contemporary federal decisions
  • Codified federal statutes and regulations
  • Regional reporters of state decisions

Add when working in a particular state:

  • That state's case reports, statutory compilations, and regulations

🟢 Third priority: court abbreviations

  • Less critical functionally but no more difficult to master.
  • Federal courts: abbreviations for U.S. Courts of Appeals circuits and U.S. District Courts.
  • State courts: abbreviations for different courts in any state where your research is centered.
  • These are needed when the deciding court is not implicit in the reporter name.

🟦 Lowest priority: space-saving conventions

  • Conventions for reducing space in case names and journal titles (e.g., "Environmental" → "Envtl.").
  • Standing alone, using the full word instead of the abbreviation is a trivial oversight.
  • When it matters: consistent failure to abbreviate or using idiosyncratic/inconsistent abbreviations can inconvenience readers and convey carelessness.
  • Since the goal in legal writing is usually to persuade, you don't want to irritate your reader.
  • Solution: a final review of citations against standard manuals is an important step; over time, you will internalize most rules.

📝 Practical workflow: research to citation

📝 During research: capture all required information

  • Goal: record all information elements needed for a full citation.
  • What to capture: all required items (deciding court, circuit, paragraph/page numbers, date, edition, etc.).
  • What NOT to do: don't stop mid-research to check proper abbreviations – that can be a later step.
  • Why this matters: knowing what to note during research saves you from return visits to sources just to determine which circuit decided a case or what page numbers support your point.

📝 After research: check formatting

  • Abbreviations and formatting conventions can be verified in a later review step.
  • Use a manual (The Bluebook, ALWD Citation Manual, or local citation guide) for old or unusual sources.
  • Even experienced legal writers return to manuals for uncommon citations.

📖 Learning sequence

📖 First goal: reading legal citation

  • How: you are surrounded by citations in cases and articles you read.
  • Active practice: don't skim past citations; occasionally ask yourself about a cited source: "What is it? How would I retrieve it?"
  • Hands-on: when possible, follow a citation or two to the actual source.
  • Reading and following citations should not require use of a manual.

📖 Second goal: knowing what to capture

  • Achieve knowledge of what information elements are required in a full citation as soon as possible.
  • This informs your note-taking during research.

📖 Final goal: writing citations

  • Ultimately, you will write most citations without a manual – but not all.
  • Old and unusual sources will drive even experienced writers back to reference manuals.

⚠️ Don't confuse

What to prioritizeWhat NOT to prioritize (yet)
Accurate volume, page, section numbersPerfect abbreviations during research
Core federal and regional reporter abbreviationsEvery space-saving convention in case names
Capturing all required information during researchFormatting citations perfectly before research is complete
  • Key distinction: retrieval errors are inexcusable and frustrating; minor formatting inconsistencies are trivial individually but should be cleaned up in final review to avoid conveying carelessness.
5

§ 1-500 . Citation in Transition

§ 1-500 . Citation in Transition

🧭 Overview

🧠 One-sentence thesis

The shift from print to digital legal research has created growing pressure on courts to adopt vendor- and medium-neutral citation systems that work equally well across all formats, though traditional practices tied to commercial print volumes remain entrenched.

📌 Key points (3–5)

  • The core problem: Traditional citation norms presuppose a single publisher's print volume as the key reference, but digital media have created multiple competing versions of the same legal materials.
  • The proposed solution: Vendor- and medium-neutral citation systems embed citation elements (year, court, sequential number, paragraph number) directly into court-issued decisions, making citations work equally well in print, online, and disc formats.
  • Adoption status: Some state courts (e.g., North Dakota, Colorado, Maine) have adopted the recommended structure; federal courts have made minimal progress.
  • Common confusion: "Vendor-neutral" vs. "medium-neutral"—both terms refer to the same goal: citations that do not depend on a specific publisher (vendor) or format (medium).
  • Why it matters: New citation schemes allow precise reference to court decisions without requiring access to expensive commercial services, and they work immediately upon release rather than waiting over a year for print publication.

📚 The policy debate behind citation reform

📚 What changed in legal research

  • Over the past two decades, online and disc-based law collections became primary research tools for most lawyers and judges.
  • The number of alternate sources for individual decisions, regulations, and statutes has exploded.
  • In many jurisdictions, legal research now involves at least half a dozen competing versions of appellate decisions distributed in print, via the Internet, and on disc.

⚖️ The pressure on courts

  • Courts are ultimately responsible for citation norms.
  • Growing pressure exists to establish new rules that no longer presuppose one publisher's print volume (created over a year after decisions or statutes) as the key reference.
  • Don't confuse: The major citation manuals (The Bluebook, ALWD Citation Manual) give little hint of this intense policy debate; they reflect established practices rather than the reform movement.

🛑 Resistance to change

  • Work habits and established practices die hard, especially when they align with vested commercial interests.
  • Example: Traditional citations favor commercial publishers who control print reporters; new systems reduce dependence on these proprietary sources.

🏛️ The recommended citation structure

🏛️ What national bodies proposed

  • In 1996, the American Bar Association approved a resolution recommending courts adopt a uniform public domain citation system "equally effective for printed case reports and for case reports electronically published on computer disks or network services."
  • The American Association of Law Libraries had previously endorsed "vendor and media neutral" citation.
  • Both organizations laid out essential components for such a system.

🔢 Core elements of the new system

Vendor- and medium-neutral citation: a citation scheme that embeds key elements (year, court designation, sequential number, paragraph number) directly into court-issued decisions, making the citation work equally well across all formats and sources.

The basic structure includes:

  • Case name
  • Year (calendar year the decision was filed)
  • Court designation (e.g., "ND" for North Dakota Supreme Court, "ND App" for Court of Appeals)
  • Sequential number (assigned by the court clerk)
  • Paragraph number (for pinpoint citations within the opinion)

📋 How it works in practice: North Dakota example

North Dakota Supreme Court Rule 11.6(b) requires:

  • Initial citations must include the North Western Reporter volume and page number when available.
  • For opinions released on or after January 1, 1997, citations must also include: year + "ND" + sequential number + paragraph number.
  • Subsequent citations within the same document must include the paragraph number and sufficient references to identify the initial citation.

Examples from the Rule:

  • Smith v. Jones, 1997 ND 15, 600 N.W.2d 900 (full initial citation)
  • Smith v. Jones, 1996 ND 15, ¶ 21, 600 N.W.2d 900 (with pinpoint paragraph)

✅ Why the system works across formats

  • The key citation elements, including paragraph numbers, are embedded in each decision by the court itself.
  • These elements are carried over into print reporters and commercial electronic services.
  • Researchers can use the court's own website, commercial online services, or print volumes—the citation works the same way.
  • Complementary measure: North Dakota Supreme Court website furnishes North Western Reporter citations for all decisions back through 1966, so researchers need not consult commercial sources to obtain volume and page numbers.

🗺️ Adoption across jurisdictions

🗺️ States using the recommended structure

Jurisdictions that have implemented case citation schemes with the same basic structure (case name, year, court, sequential number, paragraph number):

  • North Dakota
  • Colorado
  • Maine
  • Montana
  • New Mexico
  • Oklahoma
  • South Dakota
  • Utah
  • Vermont
  • Wisconsin
  • Wyoming

🔄 Variations on the theme

  • Arkansas (began 2009): Uses year, court, and sequential number, but retains page numbers within the court-released PDF file for pinpoint cites instead of paragraph numbers.
  • Louisiana, Mississippi, Ohio, Illinois: Adopted medium-neutral citation systems "along significantly different lines" (the excerpt does not detail how they differ).

🏢 Federal courts: minimal progress

  • U.S. Court of Appeals for the Sixth Circuit: Began applying medium-neutral citations to its own decisions in 1994, but has never directed attorneys to use them or employed them in referring to prior decisions that have appeared in the Federal Reporter series.
  • District of South Dakota: Since 1996, some (not all) judges have applied paragraph numbers and case designations in the format "2008 DSD 6" to their decisions and used the system in citations.
  • Don't confuse: The Sixth Circuit applies the system to its own new decisions but does not require or use it for citing older decisions—adoption is incomplete.

📖 Statutes and regulations

📖 Why codified law is easier to reform

  • Codified statutes and regulations have a quite different structure from case law.
  • They lend themselves more naturally to vendor- and medium-neutral citation.

📖 Evolving practice

  • Evolving professional practice, influenced by the prevalence of electronic media, is reducing the hold that certain preferred print editions once held on statute and regulation citations.
  • The excerpt references §§ 2-335 and 2-410 for details (not included in this excerpt).
6

§ 1-600 . Who Sets Citation Norms

§ 1-600 . Who Sets Citation Norms

🧭 Overview

🧠 One-sentence thesis

No single national authority sets legal citation standards; instead, citation norms emerge from widely accepted professional usage, shaped by influential manuals, court rules, publisher practices, and evolving community conventions.

📌 Key points (3–5)

  • No central authority: There is no national citation standard-setting body; citation "rules" apply only to specific sectors (journals, publishers, particular courts).
  • Influential manuals: The Bluebook and the ALWD Citation Manual codify and shape national citation norms, though they do not formally govern all legal writing.
  • Court rules and policies: Courts set local citation norms through brief-format rules and control citation methods by deciding whether to adopt medium-neutral systems or rely on commercial publishers.
  • Publisher branding: Large commercial publishers (West, LexisNexis) embed their own citation practices to reinforce brand identity.
  • Common confusion: Citation manuals use the word "rule," but their reach is limited to specific contexts—most citation norms are set by professional usage, not binding mandates.

📚 The role of citation manuals

📘 The Bluebook

  • Created by editors of four law journals (Columbia Law Review, Harvard Law Review, University of Pennsylvania Law Review, The Yale Law Journal).
  • Now in its nineteenth edition.
  • Governs citation practices of the majority of U.S. student-edited law journals.
  • Has shaped the citation education and habits of most U.S. lawyers through successive editions.

📗 ALWD Citation Manual

  • Much newer than The Bluebook.
  • ALWD Citation Manual: A Professional System of Citation (4th ed. 2010).
  • Gained a wide following in U.S. law schools.
  • Aims to reflect current usage, so it is highly consistent with The Bluebook.

📙 The Maroon Book (University of Chicago)

  • The University of Chicago Manual of Legal Citation, first published in 1989.
  • Offered a distinctly different and less rigid set of rules.
  • Failed to win a significant following or affect professional practice.
  • Recognized the importance of leaving "a fair amount of discretion to practitioners, authors, and editors."

Don't confuse: Citation manuals attach the word "rule" to specific practices, but their authoritative reach is limited to particular sectors—they do not function as binding national standards.

⚖️ How courts shape citation norms

📜 Court rules for briefs and memoranda

  • In some states, national manual norms are supplemented or overridden by court rules about content, composition, and format of legal documents.
  • Most such rules are largely consistent with national norms but set out special, typically more detailed rules for citing state cases, statutes, and regulations.
  • Some state-specific rules call for inclusion of additional citation elements (e.g., medium-neutral or other official case citations).
  • Others require less (e.g., not repeating the state name in all state statutory citations, since it is implied).
  • Only a handful of court rules set out a markedly different citation format.
  • While these rules formally apply only to documents filed with specified courts, they are likely to influence professional citation practice within the state more generally.

🏛️ Court publication and dissemination policies

  • Courts shape citation norms not only through rules but also through their policies for publication and dissemination.
  • Only a court can effectively establish the means for vendor- and medium-neutral citation of its decisions.
  • Courts that leave the association of an enduring, citable identification to a commercial publisher force the use of the dominant publisher's print citation scheme by default.

🖊️ Courts with editorial responsibility

  • Some courts (including the Supreme Court and court systems in several states) retain full editorial responsibility for citable, final, and official versions of their opinions.
  • Generally implemented through a public court reporter's office.
  • This function gives rise to detailed citation norms and other style rules that apply to decisions distributed by the court.
  • Where the court's citation format differs significantly from national norms (e.g., in New York), it may or may not influence lawyer citation practice.
  • Courts seriously implementing medium-neutral citation not only attach the necessary decision ID and paragraph numbering to each decision but also use it in citing prior cases.

🏢 Publisher citation practices

🔖 Brand reinforcement

  • Large commercial publishers have their own distinct citation practices, partly designed to reinforce brand.

Example: A judge's citation to "Butner v. United States, 440 U.S. 48, 55 (1979)" when reported in West's National Reporter System becomes "Butner v. United States, 440 U.S. 48, 55, 99 S.Ct. 914, 59 L.Ed.2d 136 (1979)."

📑 Systematic citation preferences

  • Annotations in a West annotated code systematically place that company's National Reporter System citation for a case ahead of its volume and page number in an official state reporter.
  • Annotations and summaries in the LexisNexis Lawyers' Edition of Supreme Court decisions cite to the same publisher's United States Code Service—e.g., "15 USCS § 637(d)."

🌐 Efforts toward universal citation standards

🏛️ ABA and AALL advocacy

  • Two important national bodies, the American Bar Association (ABA) and American Association of Law Libraries (AALL), have sought to persuade courts, publishers, and lawyers to implement citation standards not keyed to print or to any specific publisher's offerings.

📖 AALL Universal Citation Guide

  • The AALL has published a Universal Citation Guide.
  • Sets out a blueprint for courts designing medium-neutral citation schemes for their own decisions.
  • Also provides complementary approaches to other types of legal authority that can be implemented simply through professional acceptance.
  • See AALL, Universal Citation Guide (ver. 2.1 2002).

🗣️ Citation as evolving usage

🌊 Language analogy

Most of "legal citation," like most of any language, is established by constantly evolving usage, reinforced in some cases, altered in others, by the members of distinct communities.

  • Citation norms are not fixed by a single authority but emerge from professional practice.
  • Different communities (journals, courts, publishers, law firms) may reinforce or alter citation conventions over time.
  • The excerpt emphasizes that citation is fundamentally a matter of usage, not top-down regulation.
7

§ 2-100 . Electronic Sources

§ 2-100 . Electronic Sources

🧭 Overview

🧠 One-sentence thesis

Legal citations should provide enough information to let readers find the material regardless of format, and explicit electronic-source references are needed only when the material is not widely available from multiple sources.

📌 Key points (3–5)

  • When electronic sources need special citation: only when the material is not widely available from multiple sources and identifying the electronic source significantly aids access.
  • Core principle: cite material as it is organized in print unless electronic access is much better; readers should be able to retrieve the source without regard to format.
  • What to include: all elements required for the basic document type (case, statute, article, etc.), followed by the appropriate signal and the electronic address or database identifier.
  • Common confusion: you do NOT need to indicate whether you used LexisNexis, Westlaw, or print for widely distributed materials like U.S. Supreme Court decisions or U.S. Code provisions.
  • Date requirements: furnish a date for electronic sources when the document citation does not carry that information unambiguously (e.g., "last visited" or "last modified").

📚 The shift to electronic legal sources

📚 Why citation practice is changing

  • Online sources, discs, and e-books now constitute not only print alternatives but preferred distribution channels for judicial opinions, statutes, regulations, journal articles, and government reports.
  • Many legal materials are available in paired print and electronic editions from a single publisher, but sources have proliferated.
  • Today, the writer and readers of a legal document are far less likely to be working from exactly the same source in the same format.

🎯 The goal of format-independent citation

A citation should furnish sufficient information about the cited material to enable a reader to pursue the reference without regard to format or immediate source.

  • With frequently cited materials (cases, constitutions, statutes, regulations, recent journal articles), this is typically not a challenge.
  • Most legal information distributors (commercial, public, or nonprofit) provide all the data necessary for source- and medium-independent citation.
  • Example: you do not need to indicate whether you accessed a U.S. Supreme Court decision from an online source, e-book, disc, or one of several print editions, so long as you furnish all the citation information called for.

🔍 When to cite electronic sources explicitly

🔍 The threshold test

Citations making specific reference to an electronic source are necessary only when:

  1. The cited material is not widely available from multiple sources, AND
  2. Identifying a specific electronic source is likely to significantly aid readers' access to it.

✅ Examples of materials that do NOT require electronic-source indication

  • U.S. Supreme Court decisions (available from numerous online sources, e-books, discs, and print editions).
  • Provisions of the U.S. Code or comparable state statute compilations (whether accessed in print or electronically).
  • Articles in widely distributed law journals accessed on LexisNexis, Westlaw, or other Internet sites.

Don't confuse: the fact that you personally used an electronic source does not mean you must cite it as such; the test is whether the material is widely available.

🧩 Core citation elements for electronic sources

🧩 Principle 1: Cite to print format unless electronic access is much better

Cite to material as it is denominated and organized in "print" unless much better access is available electronically.

  • Even where an electronic source is used, if the original material is formatted for print, cite in relation to the print version.
  • Follow that reference with a parallel citation to the electronic source if it is likely to aid retrieval.
  • "Likely to aid retrieval" should be considered from the standpoint of the expected readers.

🚦 Signals to indicate source availability

The excerpt provides two signals:

SignalMeaning
(no explanatory word or phrase)The electronic source is the only known source, or the print source is, as a practical matter, unavailable.
"available at"The electronic source is a parallel reference to a print source.

Example: if a journal article exists only online, give the URL without a signal; if it exists in print but you want to help readers find it online, use "available at" before the URL.

📦 Principle 2: Include all basic elements plus electronic address

The citation should consist of all the elements required for the basic document type (e.g., case, constitution, statute, regulation, article, report, or treatise), followed by the appropriate signal, and as complete an ID or address for the online electronic source as is available.

Appropriate address information includes:

  • The full URL of a Web-based document.
  • A commercial database retrieval citation (e.g., a Westlaw or LexisNexis citation).
  • Where no unique address is available, indicate the source and database identification information in a parenthetical, e.g., "(Bloomberg Law)" or "(LexisNexis Veterans Benefits Manual and Related Laws and Regulations CD-ROM)".
  • If a complete URL is unavailable or unwieldy and a Web search on the title will not retrieve the document, provide a base URL plus the steps necessary to access it in parentheses, e.g., "(follow 'Data & Research' link; then follow 'Policy Research Reports' link)".

📅 Principle 3: Furnish a date when the document citation does not carry one

A date should be furnished for an electronic source when the document citation does not itself carry that information unambiguously.

The date should be (in order of preference):

  1. The stated "current through" date or release date for a disc publication.
  2. The "through" date for online sources if available.
  3. A "last modified" or "last updated" date if furnished for the cited material.
  4. Failing all else, a "last visited" or "accessed" date.
  • Place the date at the end of the citation in a parenthetical.
  • If there is already a parenthetical including source and database information, combine the two, separated by a comma.

Don't confuse: the date requirement applies only when the document itself does not carry an unambiguous date; many cases and statutes already include dates in their standard citation format.

🔀 Differences in citation practice

🔀 ALWD Citation Manual variations

The excerpt notes that the ALWD Citation Manual treats these situations somewhat differently:

AspectALWD approach
Electronic journalsPlaces the URL, without signal, at the end of the citation.
CasesPlaces the URL or commercial database cite directly following the parties' names.
Other materialPlaces the electronic address (URL, commercial database cite, database identifier) in a parenthetical preceded by "available in" or "available at".
Angle bracketsThe first edition used angle brackets around URLs; now, like The Bluebook, it leaves them off.
Date terminologyFavors "last updated" over "last modified" and "accessed" over "last visited".

📝 Working papers and pre-publication articles

Scholarly articles frequently appear online prior to their appearance in print, if that ever occurs.

  • Often, they are issued in an institution's working paper series.
  • Where that is the case, the working paper designation and number should be included in the citation in the parentheses containing the date.
  • Example: a research paper might be cited with "(New York Law School Legal Studies Research Paper No. 06/07-23, 2007)" followed by "available at" and the URL.
8

§ 2-200 . Judicial Opinions

§ 2-200 . Judicial Opinions

🧭 Overview

🧠 One-sentence thesis

Judicial opinions are the most frequently cited legal materials in the U.S. system because they establish binding or persuasive precedent, and proper citation requires not only identifying the case but also pinpointing specific portions relevant to the argument.

📌 Key points (3–5)

  • Why judicial opinions matter: they provide binding or persuasive authority for currently litigated matters when on point.
  • What "cases" and "law reports" mean: judicial opinions are commonly called "cases," and organized collections are "law reports" or "case reports."
  • Published vs unpublished decisions: historically, only selected opinions were "published" in law reports; online systems now distribute "unpublished" decisions, forcing courts to clarify which decisions apply settled law routinely.
  • Common confusion: citing only the case name and reporter is insufficient—most circumstances require pinpoint references to specific portions because opinions are lengthy and cover multiple issues.
  • Core citation structure: a case citation has four elements, starting with parties' names (the "case name").

📚 What judicial opinions are and why they are cited

⚖️ Role in the legal system

Judicial opinions: articulated grounds of past judicial decisions that serve as binding precedent or persuasive authority.

  • Binding precedent: in many instances, past decisions must be followed by courts in current cases.
  • Persuasive authority: under other circumstances, opinions guide but do not bind.
  • If a prior opinion is "on point" (relevant to the current matter), it should be cited.

📖 Terminology

TermMeaning
CasesJudicial opinions in citation context
Law reports / case reportsOrganized collections of opinions
  • Most cited cases are appellate court opinions, though trial court rulings on legal questions may also be cited despite limited precedential force.

🖨️ Published vs unpublished opinions

📰 Historical publication practice

  • Before electronic dissemination, many courts selected only a fraction of opinions for "publication" in law reports.
  • The remaining "unpublished cases" were practically unavailable for citation.

💻 Impact of online systems

  • Online systems became ready and eager to distribute "unpublished" decisions.
  • This forced courts to clarify the status of decisions they view as merely applying settled law routinely.
  • The excerpt directs readers to § 2-250 for more on this topic.

Don't confuse: "unpublished" does not mean the opinion is secret—it means the court did not select it for traditional law report publication; online availability has changed access but not necessarily precedential weight.

🎯 Why pinpoint citations are essential

📍 The insufficiency of bare case citations

  • U.S. court decisions typically:
    • Deal with multiple issues
    • Are lengthy
    • Recount pre-litigation facts and procedural events of limited relevance to the citation point
  • Simply citing the case without more is rarely enough.

🗺️ The analogy

A reference that merely directs the reader to a U.S. Supreme Court decision is analogous to route directions that identify the city or neighborhood but fail to furnish a complete street address.

  • Under most circumstances, a full case citation should include a reference to a specific portion or portions of the opinion.
  • This prevents frustration and aids persuasion by guiding the reader directly to the relevant reasoning.

Example: If you cite a 50-page Supreme Court opinion without a page or paragraph number, the reader must search the entire document to find the point you rely on.

🧱 Core elements of a case citation

🏗️ The four-element structure

The excerpt introduces the standard form but is cut off. It states:

The core of a case citation consists of four elements: Element (a) - The parties' names (often referred to as the "case name" or less frequently the "title," "style," or "caption" of the case

  • Element (a): Parties' names (case name, title, style, or caption).
  • The excerpt provides two examples showing different citation formats but does not complete the list of all four elements.

📋 Sample citations

The excerpt gives two examples of common citation forms:

  1. Czapinski v. St. Francis Hosp., Inc., 2000 WI 80, 236 Wis. 2d 316, 613 N.W.2d 120.
  2. Kootenai Envtl. Alliance, Inc. v. Panhandle Yacht Club, Inc., 671 P.2d 1085 (Idaho 1983).
  • Both begin with parties' names.
  • Both include reporter volume, reporter abbreviation, and page number.
  • The first example includes a public domain (neutral) citation (2000 WI 80) and parallel citations.
  • The second example includes jurisdiction and year in parentheses.

Note: The excerpt does not explain the remaining three elements; section 3-200 is referenced for basic examples and samples from all major U.S. jurisdictions.

🎥 Additional resources

📹 Video tutorial

  • A companion video tutorial titled "Citing Judicial Opinions ... in Brief" is available at:
    http://www.access-to-law.com/citation/videos/citing_judicial_opinions.html
  • Runtime: 8.5 minutes.
  • Described as a "quick start introduction or review."
9

§ 2-300. Constitutions, Statutes, and Similar Materials

§ 2-300 . Constitutions, Statutes, and Similar Materials

🧭 Overview

🧠 One-sentence thesis

Constitutions and statutes in the United States are structured to be cited by internal divisions (articles, sections, clauses) rather than by page numbers, making them inherently vendor- and medium-neutral, though statutes require careful attention to dates because of frequent legislative amendments.

📌 Key points (3–5)

  • Structural citation principle: U.S. constitutions and statutes are cited by internal identifiers (articles, sections, subsections) rather than volumes and page numbers, making them independent of any particular print or electronic version.
  • Key difference between constitutions and statutes: Constitutions are relatively stable and rarely require dates in citations, while statutes change frequently through legislative amendment, making date information critical.
  • Date element risk: The text a writer cites and the text a reader later consults may differ due to intervening legislative changes and delays in publishers updating their compilations.
  • Common confusion—official vs. unofficial sources: While citation manuals traditionally favor "official" compilations and publisher identification, actual practice has shifted toward generic/official designations without regard to the source actually used, especially as electronic sources proliferate.
  • Default assumption: Readers assume a citation refers to the version currently in force at the time of writing unless a date element indicates otherwise.

📐 Core structural principle

📐 Vendor- and medium-neutral citation

Constitutions and statutes in the United States are structured in a way that allows citation of relevant provisions without regard to how any particular version or edition has been printed or electronically distributed.

  • This means citations use internal structural markers (articles, sections, clauses, subsections) rather than external location markers (volume numbers, page numbers).
  • The same citation works whether the reader uses a print book, an online database, or a government website.
  • Example: "U.S. Const. art. III, § 2, cl. 2" points to the same text in every version of the Constitution.

📐 Similar materials covered

The excerpt notes that this structural quality extends to:

  • Local ordinances
  • International agreements (treaties, conventions)

All share the characteristic of being cited by internal divisions rather than publication-specific page numbers.

⚖️ Constitutions vs. statutes: the frequency-of-change divide

⚖️ Why constitutions rarely need dates

  • Constitutions are relatively stable documents.
  • Date rule: No date is required unless the citation is to a provision or version of the constitution no longer in effect.
  • Example: "U.S. Const. amend. XVIII, § 2 (repealed 1933)" includes a date because that amendment was repealed.

⚖️ Why statutes require careful date attention

The compiled enactments of Congress and the legislatures of the states are constantly subject to amendment.

  • The core risk: The text the writer refers to and the text the reader consults at a later date may be different, or the provisions currently in effect may have changed.
  • Compounding factor: Publishers take time to enter legislative changes into their statutory compilations, so different sources may reflect different levels of currency.
  • Writer and reader responsibility: Both must pay serious attention to the date of the compilation relied on by the writer.

⚖️ Default reader assumption

  • A reader will assume a citation to a constitution or codified statute refers to the version in force at the time the writing was prepared unless a date element indicates otherwise.
  • Don't confuse: If a provision has been recently enacted, amended, or repealed, or if you are citing an older version, you must include date information.

🏛️ Constitution citation format

🏛️ Two core elements

A citation to a federal or state constitution consists of:

ElementWhat it includesExample
(a) NameJurisdiction abbreviation + "Const."U.S. Const. / N.Y. Const.
(b) Cited partArticles, amendments, sections, clausesart. III, § 2, cl. 2
  • Punctuation: No punctuation separates the name from the first part identifier; commas separate successive subparts.
  • Formatting: Nothing is italicized or underlined.

🏛️ When to include a date (Element c)

  • General rule: No date is required unless the citation is to a provision or version no longer in effect.
  • Example: "U.S. Const. amend. XVIII, § 2 (repealed 1933)" includes the year because the amendment was repealed.

📜 Statute citation format—federal

📜 Three core elements for federal statutes

The core of a citation to a codified federal statutory provision:

ElementWhat it includesExample
(a) Title numberNumber + space + "U.S.C."42 U.S.C.
(b) Section number§ symbol + space + number§ 405(c)(2)(C)(ii)
(c) DateParenthetical with compilation date(2013) (added in 2010)
  • Punctuation: No punctuation separates these elements.
  • Formatting: Nothing is italicized or underlined.

📜 When to include a date (Element c)

  • If currently in effect and not recently changed: No date element is needed.
  • If repealed, amended, or recently enacted: Provide the date of the compilation that contains the language cited, in parentheses.
  • The precise form is governed by how that compilation presents its cutoff date.
  • Example: "42 U.S.C. § 13925(a)(2) (2012) (amended in 2013)" shows the compilation date and notes the amendment.

📜 Statute citation format—state

📜 Same elements, different order

State statute citations use the same basic elements but in a slightly different order:

ElementWhat it includesExample
(a) Code nameState + code name (abbreviated)Iowa Code / Cal. Prob. Code
(b) Section number§ symbol + number (using state's division identifiers)§ 602.1614 / § 141
(c) DateParenthetical with compilation date(2013)
  • Key difference from federal: State citations lead off with the name of the state code (abbreviated), not a title number.
  • Major divisions: In some states, major divisions are designated by name rather than by number (e.g., "Prob." for Probate).

📜 Date element rules (same as federal)

  • If currently in effect and not recently changed: No date element is needed.
  • If repealed, amended, or recently enacted: Provide the date of the compilation that contains the language cited.
  • Example: "Iowa Code § 602.1606(1)(a) (2011) (prior to 2013 amendment)" cites an older version.

🔄 Official vs. unofficial compilations

🔄 The traditional rule

If possible, the reference should be to the jurisdiction's designated "official" codification—such as the United States Code or Iowa Code.

  • Official: Publicly produced or supervised statutory compilation (e.g., U.S.C., Iowa Code).
  • Unofficial: Commercial codification (e.g., U.S.C.A., U.S.C.S., Iowa Code Ann.).

🔄 When to use unofficial sources

  • If an unofficial commercial codification must be relied upon to reference a recent legislation change, use that product's branded abbreviation and place the publisher's name or online source (abbreviated) ahead of the date information in a concluding parenthetical.
  • Example: "42 U.S.C.A. § 13925(a)(3) (Westlaw as amended, effective Oct. 1, 2013)."

🔄 The shift in practice

The excerpt notes that usage has moved toward citing statutes by their generic or "official" designation without regard to the source actually used by the writer, especially as electronic sources have proliferated.

Reasons for the shift:

  • Electronic compilations are generally more up-to-date and more widely used than print ones.
  • In most jurisdictions, no single version is universally relied upon.
  • Up-to-date print compilations from other jurisdictions are maintained in very few law libraries.
  • Ownership and branding shifts in commercial law publishing have made publisher references less straightforward.

What this means in practice:

  • Drop the superfluous "Ann." notation (which simply indicates the code was annotated).
  • Leave the publisher's name or brand out of the concluding parentheses.
  • The existence or nonexistence of annotations has no bearing on the statutory language itself.

🔄 Don't confuse: practice vs. citation manuals

  • Appellate courts and most lawyers: Follow the practice of using generic/official designations without publisher information.
  • The Bluebook and ALWD Citation Manual: Still include references to the publisher in a concluding parenthetical (though they remove branding elements from state code names).
  • Example: The Bluebook would cite "Ind. Code Ann. § x (LexisNexis year)" while actual court practice would cite "Ind. Code § x."

📅 Date element: practice vs. manuals

📅 The divergence

The excerpt highlights a significant difference between actual citation practice and what citation manuals prescribe:

ApproachWhen to include dateWho follows this
PracticeOnly when provisions have been or are likely to be subject to amendmentU.S. Supreme Court, U.S. Courts of Appeals, majority of state courts
ManualsRoutine inclusion of the year or alternative indication of currencyThe Bluebook, ALWD Citation Manual

📅 Why the difference

The excerpt suggests the manuals' approach "very likely reflects the degree to which they remain bound by a print paradigm and their prime focus on law journal publication."

  • In court opinions and briefs, the context often makes clear that the current version is intended unless otherwise stated.
  • In law journals, articles may be read years later, making date information more important.

🗺️ State-specific citation dialects

🗺️ The space-saving principle

When context leaves little or no doubt about which state's statutes are being cited, the case with briefs submitted to and decisions rendered by the courts of a particular state, significant citation space can be saved with little or no loss by having the state name supplied by implication.

🗺️ Examples of state abbreviations

Standard abbreviationState-specific abbreviationContext
Alaska Stat.ASAlaska Supreme Court decisions and briefs
Kentucky Revised StatutesKRSKentucky Supreme Court
Ohio Revised CodeR.C.Ohio briefs
  • Extreme case: Some states leave off all explicit reference to the state name.
  • Example: A reference to "R.C." in an Ohio brief is understood as referring to Ohio's "Revised Code"; a reference to "General Municipal Law" in a New York brief is understood as referring to New York's codified statutes.

🗺️ When to use full vs. abbreviated forms

  • Full abbreviations (e.g., "Alaska Stat."): Unambiguously distinguish between states (Alaska vs. Alabama, Arizona, Arkansas).
  • State-specific abbreviations (e.g., "AS"): Appropriate when context makes clear which state's statutes are being cited (briefs to that state's courts, decisions by that state's courts).

📋 Special cases and variants

📋 Session laws (Special Case 1)

Don't cite a statute to the session laws (the compiled enactments of a legislative body during a particular session) if a codified version will serve your purposes.

When to cite session laws:

  • Very recent enactments (not yet codified even in supplements or online versions)
  • Enactments not codified because they are not of general applicability
  • Reference is to the enactment itself or to provisions that have since been repealed or modified
  • Provisions are so scattered across the code that a reference to the session laws is more efficient
  • Rare cases where the codified version differs significantly from the session laws

Session law citation format:

  • Name of the statute (or "Act of [date]" if not named)
  • Public law number ("Pub. L. No.") or equivalent state designation
  • Source (most likely electronic for recent enactments)
  • Example: "House Page Board Revision Act of 2007, Pub. L. No. 110-2, 121 Stat. 4."

📋 Bills (Special Case 2)

Bills are cited when:

  • They support a point about the legislative history of an enactment, or
  • The reference concerns proposed legislation that was not enacted.
  • Example: "Social Security Number Privacy and Identity Theft Prevention Act of 2003, H.R.2971, 108th Cong. § 101."

📋 Named Acts (Special Case 3)

  • Some statutes are commonly referred to by name, and section references from the original legislation are still widely used.
  • Rule: Such references should never substitute for a core reference to the legislation as codified, but they can be added to it.
  • Example: "Social Security Act § 205(a), 42 U.S.C. § 405(a)."

📋 Internal Revenue Code (Special Case 4)

  • An important exception to general norms for federal statutes.
  • Allowed form: "I.R.C. § 6091" (substitute for "26 U.S.C. § 6091").
  • This is allowed but not required.

📋 Uniform Acts and Model Codes (Special Case 5)

When adopted by a state:

  • Cite like any other state law.

When referring to the uniform law or model code itself (not as adopted by a particular state):

  • Name of the uniform law or code (abbreviated)
  • Section number
  • Year the law or code (or major subpart) was promulgated or last amended
  • Optional: Parallel citation to Uniform Laws Annotated (U.L.A.)
  • Example: "U.C.C. § 2-202 (amended 2003)."
  • Example: "Unif. Probate Code § 2-107 (amended 1990), 8(I) U.L.A. 87 (1998)."

🏙️ Local ordinances

🏙️ Citation format

Ordinances governing cities, towns, or counties are cited like statutes.

  • Key addition: Preface the citation with the name of the political subdivision it governs.
  • Just as a state statute citation includes the state name (abbreviated), an ordinance citation includes the city/town/county name.
  • Example: "Cincinnati, Ohio, Municipal Code § 302-3."
  • Example: "Des Moines, Iowa, Municipal Code § 8.04.040."

🌍 Treaties and international agreements

🌍 Three core elements

A citation to a treaty, international convention, or other international agreement consists of:

ElementWhat it includesExample
(a) NameName of the treaty or agreementNorth American Free Trade Agreement
(b) DateDate of signing or approvalDec. 17, 1992
(c) SourceA source for the text likely to be accessible to the reader32 I.L.M. 289 (1993) or URL

🌍 Three additional optional elements

ElementWhen to includeExample
(a) Organization nameConventions that are the product of an international organizationUnited Nations Convention on the Rights of the Child
(b) PartiesNo more than three parties to the agreementU.S.-Can.-Mex.
(c) Cited subdivisionWhen citing to a portion of the agreementart. 705(3)

Formatting details:

  • Parties' names (abbreviated) are listed following the agreement's name, set off by commas and separated by hyphens.
  • The cited subdivision is included directly following the treaty name and parties (if listed).
  • Example: "North American Free Trade Agreement, U.S.-Can.-Mex., art. 705(3), Dec. 17, 1992, 32 I.L.M. 289 (1993)."

🏢 Regulations and agency material

🏢 Increased accessibility

The excerpt notes that regulations and other agency material, particularly from state agencies, have become dramatically more accessible:

  • Print distribution has been supplemented or supplanted by online dissemination.
  • Print compilations were expensive and hard to keep up-to-date, confining them to large law libraries.
  • Now most agency material is accessible on the Internet, much from public, non-fee sources.
  • Many adjudicative agencies now place their decisions at public websites.
  • Implication: Greater accessibility should lead to more citation of this category of primary material.

🏢 Federal regulation citation format

Like statutes, agency regulations are cited to codifications if possible.

Three core elements:

ElementWhat it includesExample
(a) Title numberNumber + space + "C.F.R."20 C.F.R.
(b) Section number§ symbol + space + number§ 404.260
(c) DateParenthetical with compilation date (if needed)(2013) (added in 2012)

Date element rules (same as statutes):

  • If currently in effect and not recently changed: No date element needed.
  • If repealed, amended, or recently enacted: Provide the date of the compilation.
  • Example: "20 C.F.R. § 404.1520(h) (2013) (added in 2012)."
10

Agency and Executive Material Citations

§ 2-400 . Agency and Executive Material

🧭 Overview

🧠 One-sentence thesis

Agency regulations, adjudications, executive orders, and advisory opinions are now widely accessible online and should be cited systematically using formats analogous to statutes and court cases, with specific elements tailored to each document type.

📌 Key points (3–5)

  • Core principle: Agency materials follow citation patterns similar to statutes (for regulations) and cases (for adjudications), but with agency-specific adaptations.
  • Accessibility shift: Online dissemination has replaced expensive print compilations, making state agency material much easier to access and cite.
  • Key citation elements: Most agency citations require the source name, a location identifier (section/number), and a date (when relevant).
  • Common confusion: Regulations vs. adjudications—regulations are cited like statutes (to codifications), while adjudications are cited like court opinions but without italics.
  • Format variations: The Bluebook and ALWD Citation Manual differ on details like italicization, abbreviations, and treatment of electronic sources.

📜 Citing regulations

📜 Federal regulation structure

A citation to a codified federal regulation consists of: (a) title number + "C.F.R.", (b) section number with section symbol, (c) date (if recently changed or repealed).

  • Regulations are cited to codifications whenever possible, just like statutes.
  • No punctuation separates the elements; nothing is italicized.
  • Example: 20 C.F.R. § 404.260 cites title 20, section 404.260 of the Code of Federal Regulations.
  • When to include a date: If the provision has been repealed, amended, or recently enacted by the time of writing, add the compilation date in parentheses.

🗺️ State regulation structure

State regulation citations use comparable elements but lead with the state code name (abbreviated) rather than a title number.

  • Unlike federal citations that start with a number, most state codes begin with the code name.
  • Example: Code Me. R. 12 170 7 § 5 (Maine) or Minn. R. 3050.2600 (Minnesota).
  • Parallel electronic citation: If readers may not know how to access the code and it is online, include a URL.
  • Don't confuse: State citation formats vary by jurisdiction; settled in-state usage often differs from Bluebook/ALWD standards (see § 2-415).

📰 Regulations not yet codified

  • Cite to the Federal Register (Fed. Reg.) for federal regulations not yet in the C.F.R.
  • Include the regulation's name or title, followed by the Federal Register citation.
  • Add a parenthetical showing where it will be codified or what it amends.
  • Example: Authorization of Representative Fees, 74 Fed. Reg. 48381, 48384 (Sept. 23, 2009) (amending 20 C.F.R. § 404.1720).
  • State equivalents: Cite to the state's equivalent publication or website.

⚖️ Special case: Federal Sentencing Guidelines

  • The Federal Sentencing Guidelines are not codified in C.F.R.
  • Cite to the manual published by the U.S. Sentencing Commission.
  • Example: Federal Sentencing Guidelines Manual § 3E1.1 (2012).

🏛️ Citing agency adjudications

🏛️ Format parallels to court cases

Agency adjudications are cited like judicial opinions, but with key differences: names are not italicized, only the first private party is named, and the agency reporter is cited.

ElementCourt casesAgency adjudications
Party namesItalicizedNot italicized
Which partiesBoth partiesFirst private party only
ReporterCourt reporterAgency's official reporter
Agency identificationN/AInclude if not clear from reporter name
  • Example: National Treasury Empls. Union, Chapter 65, 57 F.L.R.A. No. 3 (Mar. 12, 2001).
  • Omit procedural phrases from the name; if procedural posture matters, summarize it in a parenthetical after the date.

🔢 When no official reporter exists

  • Use the agency's assigned identification number and full date.
  • Add a parallel citation to an electronic source or unofficial reporter if possible.
  • Example: H H 3 Trucking Inc., 345 N.L.R.B. No. 59 (Sept. 15, 2005), http://mynlrb.nlrb.gov/link/document.aspx/09031d458007a338.

📋 ALWD variation

  • The ALWD Citation Manual calls for a format more like judicial opinions, including italicizing party names.
  • Example per ALWD: Altercare of Hartville, 321 N.L.R.B. 847 (1996) (italicized).

📑 Citing agency reports

📊 Periodic reports

Citations to agency reports published periodically in volumes take the same form as journal articles.

  • Example: 1981 S.E.C. Ann. Rep. 21 (Securities and Exchange Commission annual report, page 21).
  • The format mirrors journal citations: agency abbreviation, volume/year, page.

📘 Separately titled reports

Citations to separately disseminated agency reports take the same form as books by institutional authors.

  • Include the agency's report number (if any) as part of the title.
  • Example: U.S. Gen. Accounting Office, GAO-02-802, SSA: Enhanced Procedures and Guidance Could Improve Service and Reduce Overpayments to Concurrent Beneficiaries 11 (2002).
  • The number (e.g., GAO-02-802) helps readers locate the specific report.

🖊️ Citing executive orders and proclamations

🖊️ Federal executive orders and proclamations

A citation consists of: (a) "Exec. Order" or "Proclamation" + "No.", (b) the number, (c) Federal Register or C.F.R. citation, (d) date/year in parentheses.

  • Example: Exec. Order No. 12,893, 59 Fed. Reg. 4233 (Jan. 31, 1994).
  • The date is the publication date in the Federal Register or the C.F.R. compilation year, not the date of the order itself.
  • Optional elements:
    • Precede with the order's title.
    • Add a parallel electronic citation (all orders from 1993 onward are online).

🏛️ State executive orders

State orders use comparable elements, preceded by the state abbreviation and adjusted to the state's nomenclature.

  • Example: Mich. Exec. Order No. 2003-4 (Feb. 27, 2003), http://www.michigan.gov/....
  • Format varies by state; follow the state's compilation structure if one exists.

🔄 Bluebook vs. ALWD differences

ElementBluebookALWD
Designation"Exec. Order No.""Exec. Or." (no "No.")
Number formatComma in number (12,893)No comma (12893)
TitleNot italicizedItalicized
Electronic citation"available at"Parenthetical format
  • Example per ALWD: Principles for Federal Infrastructure Investments, Exec. Or. 12893, 59 Fed. Reg. 4233 (Jan. 31, 1994) (title italicized, no comma in number).

📝 Citing advisory opinions

📝 Core structure

A citation consists of: (a) office name (abbreviated) + "Op.", (b) volume and page (if published) or opinion number and full date (if unpublished).

  • Published example: 38 Op. Att'y Gen. 98 (1934) (U.S. Attorney General opinion, volume 38, page 98).
  • Unpublished example: Op. Off. Legal Counsel (Aug. 10, 2005) (Office of Legal Counsel opinion with full date).
  • Optional: Precede with the opinion's title; add an electronic citation for recent opinions.

🗺️ State advisory opinions

State opinions use the same elements but place the state abbreviation before the office name and shift "Op." to the end.

  • Example: 86 Cal. Att'y Gen. Op. No. 03-105 (June 19, 2003) (California Attorney General opinion).
  • Example: 90 Md. Att'y Gen. Op. 17 (2005) (Maryland, published in volume 90, page 17).

🔄 Format variations

  • ALWD: Omits "No.", italicizes the title, and treats electronic citations differently.
  • Example per ALWD: 86 Cal. Att'y Gen. Op. 03-105 (June 19, 2003) (available at http://...) (no "No.", parenthetical for URL).

⚖️ Other citation types

⚖️ Arbitration decisions

Arbitration citations follow the format for court cases (if parties are named) or administrative adjudications (if not), plus the arbitrator's last name in parentheses at the end.

  • Example with parties: FAA v. NATCA, 2009 WL 2380087 (May 22, 2009) (Bierig, Arb.).
  • Example without parties: United States - Tax Treatment for "Foreign Sales Corporations," World Trade Organization No. 108 (Aug. 30, 2002) (Falconer, Chambovey & Seung Wha Chang, Arbs.).
  • The arbitrator's name is the key distinguishing element.

📏 Court rules

Rules of evidence or procedure are cited by jurisdiction, set name (abbreviated), and rule number; no date is needed if the rule is currently in effect.

  • Example: Fed. R. Civ. P. 12(b)(6) (Federal Rules of Civil Procedure, rule 12(b)(6)).
  • Example: Haw. Fam. Ct. R. 106 (Hawaii Family Court Rules, rule 106).
  • Don't confuse: No date is required for current rules, unlike regulations that may need dates when recently changed.
11

§ 2-500 . Arbitration Decisions

§ 2-500 . Arbitration Decisions

🧭 Overview

🧠 One-sentence thesis

Arbitration decisions follow the same citation forms as court cases or administrative adjudications, but always add the arbitrator's last name in parentheses at the end.

📌 Key points (3–5)

  • Two citation forms: arbitration decisions use either the court-case form (when parties are named) or the administrative-adjudication form (when parties are not named).
  • Mandatory arbitrator identification: every arbitration citation must include the arbitrator's last name in parentheses at the end, regardless of which form is used.
  • Common confusion: don't treat all arbitration decisions the same—the presence or absence of adversarial party names determines which base form to use.
  • Cross-references matter: the excerpt points to § 2-210 (court cases) and § 2-450 (administrative adjudications) for the underlying citation structures.

📋 Citation structure basics

📋 Two parallel forms

The excerpt establishes that arbitration citations are not a standalone category; instead, they adapt existing citation formats:

ConditionBase form to useReference section
Adversarial parties are namedCourt case format§ 2-210
Adversarial parties are not namedAdministrative adjudication format§ 2-450
  • The choice depends entirely on whether the decision names the opposing parties.
  • Example: "FAA v. NATCA" shows named parties → use court-case form.
  • Example: "United States - Tax Treatment for 'Foreign Sales Corporations,' World Trade Organization No. 108" does not follow the typical adversarial naming pattern → use administrative-adjudication form.

⚖️ The arbitrator element

The citation should include one additional information item – the arbitrator's last name – in parentheses at the end of the citation.

  • This is the only element unique to arbitration citations.
  • It appears after all other citation components, inside the final parentheses.
  • Example: (May 22, 2009) (Bierig, Arb.) shows the arbitrator "Bierig" with the abbreviation "Arb."
  • Example: (Aug. 30, 2002) (Falconer, Chambovey & Seung Wha Chang, Arbs.) shows multiple arbitrators with "Arbs." (plural).

🔍 How to distinguish the two forms

🔍 Named parties → court-case form

  • When the decision title follows the pattern "Party A v. Party B" or similar adversarial naming, treat it like a court case.
  • The excerpt's first example: FAA v. NATCA, 2009 WL 2380087 (May 22, 2009) (Bierig, Arb.).
    • "FAA v. NATCA" is a typical adversarial case name.
    • The citation includes a reporter reference (WL), date, and arbitrator.
    • The structure mirrors § 2-210 (court cases) but adds the arbitrator parenthetical.

🔍 Unnamed or non-adversarial parties → administrative form

  • When the decision does not name adversarial parties in the title, or uses a descriptive title instead, treat it like an administrative adjudication.
  • The excerpt's second example: United States - Tax Treatment for "Foreign Sales Corporations," World Trade Organization No. 108 (Aug. 30, 2002) (Falconer, Chambovey & Seung Wha Chang, Arbs.).
    • The title describes the subject matter rather than naming two opposing parties.
    • The citation includes the issuing organization (World Trade Organization), a decision number, date, and arbitrators.
    • The structure mirrors § 2-450 (administrative adjudications) but adds the arbitrator parenthetical.

🚫 Don't confuse

  • Not all arbitration decisions look the same: the presence or absence of adversarial party names changes the entire citation structure, not just a single element.
  • The arbitrator parenthetical is always required: even though the base form varies, the arbitrator's name must always appear at the end.

🛠️ Practical application

🛠️ Step-by-step citation construction

  1. Identify whether adversarial parties are named in the decision title.
  2. Choose the base form: court-case format (§ 2-210) or administrative-adjudication format (§ 2-450).
  3. Build the citation using the chosen base form's rules (reporter, date, decision number, etc.).
  4. Add the arbitrator parenthetical at the very end, with the arbitrator's last name and the abbreviation "Arb." (singular) or "Arbs." (plural).

🛠️ Multiple arbitrators

  • When more than one arbitrator decided the case, list all last names separated by "&" or commas, and use "Arbs." (plural).
  • Example: (Falconer, Chambovey & Seung Wha Chang, Arbs.) lists three arbitrators.
  • The excerpt does not specify a limit on how many arbitrators to include; it shows all three in the example.
12

§ 2-600 . Court Rules

§ 2-600 . Court Rules

🧭 Overview

🧠 One-sentence thesis

Court rules of evidence or procedure are cited by the jurisdiction name, abbreviated rule-set name, and rule number, without requiring a date when the citation refers to the currently effective version.

📌 Key points (3–5)

  • What court rules include: rules of evidence or procedure.
  • Core citation elements: jurisdiction name + abbreviated rule-set name + rule number.
  • No date required: when citing the rule currently in effect, both The Bluebook and the ALWD Citation Manual agree that no date is needed.
  • Common confusion: unlike many legal citations that require dates, current court rules omit them—this is consistent across citation manuals and widespread practice.

📝 Citation structure for court rules

📝 Basic formula

Court rules citation: jurisdiction name (abbreviated) + rule-set name (abbreviated) + rule number.

  • The jurisdiction comes first (e.g., "Fed." for federal, "Haw." for Hawaii, "N.J." for New Jersey).
  • The rule-set name is abbreviated (e.g., "R. Civ. P." for Rules of Civil Procedure, "R. Crim. P." for Rules of Criminal Procedure, "Fam. Ct. R." for Family Court Rules, "Ct. R." for Court Rules).
  • The rule number follows, including subsections in parentheses when applicable.

🔍 Examples breakdown

ExampleJurisdictionRule setRule number
Fed. R. Civ. P. 12(b)(6)FederalCivil Procedure12(b)(6)
Fed. R. Crim. P. 7(b)FederalCriminal Procedure7(b)
Haw. Fam. Ct. R. 106HawaiiFamily Court106
N.J. Ct. R. 3:8-3New JerseyCourt Rules3:8-3
  • Notice that subsections use parentheses (e.g., 12(b)(6)) or colons and hyphens (e.g., 3:8-3) depending on the rule-set's numbering system.

🗓️ The date exception

🗓️ When to omit the date

  • Current rules: no date is needed when the citation refers to the rule currently in effect.
  • Authority: this practice is endorsed by The Bluebook, the current edition of the ALWD Citation Manual, and widespread legal practice.
  • The excerpt emphasizes that all three sources agree on this point.

⚠️ Don't confuse with other legal citations

  • Many legal citations (cases, statutes, opinions) require dates for identification and context.
  • Court rules are different: because the citation implicitly refers to the current version, the date is unnecessary.
  • Example: you would not write "Fed. R. Civ. P. 12(b)(6) (2023)" unless you specifically need to cite a historical version of the rule.
13

How to Cite Books

§ 2-700 . Books

🧭 Overview

🧠 One-sentence thesis

Book citations follow a standard five-element structure (volume, author, title, cited portion, and publication information), though citation manuals differ on volume placement, author treatment, and publisher inclusion.

📌 Key points (3–5)

  • Standard citation structure: volume number (if multi-volume), full author name(s), italicized title, cited portion (section/page), and parenthetical with edition and year.
  • Author formatting rules: two authors separated by "&"; more than two use first author plus "et al." (unless other names are significant); omit titles like Prof. or Ph.D.
  • Common confusion – Bluebook vs ALWD: volume number placement (before vs after title), publisher name inclusion (only when necessary vs routine), and "et al." presumption strength differ between manuals.
  • Special institutional authors: smallest organizational unit first, then largest, omitting intermediate levels; individual authors (if credited) come before the institution.
  • Special compilations (services, restatements, annotations): each type has distinct citation rules—services include publisher in parentheses, restatements omit authors, annotations cite like journal articles.

📚 Standard book citation elements

📚 Volume number (Element a)

  • Appears only for multi-volume works.
  • Bluebook convention: place volume number before the author's name.
  • ALWD convention: place volume number after the title with other subdivision information.
  • Example: 2 Calvin W. Corman, Limitation of Actions § 12.3 (1991). (Bluebook style) vs Calvin W. Corman, Limitation of Actions vol. 2, § 12.3 (Little, Brown & Co. 1991). (ALWD style).

✍️ Author name (Element b)

The full name of the author(s) followed by a comma.

  • Single author: full name as it appears on the publication.
  • Two authors: both names separated by "&" (e.g., Wayne R. LaFave & Austin W. Scott).
  • More than two authors: first author's name plus "et al." unless including other names is significant (e.g., Eugene F. Scoles et al.).
  • What to omit: appended titles or academic degrees (Prof., Ph.D., etc.).
  • Middle names: do NOT reduce to initials unless that is how they appear in the original work.
  • Don't confuse: The Bluebook presumes "et al." more strongly than ALWD for works with more than two authors, but both manuals allow the same treatment.

📖 Title (Element c)

  • Italicized or underlined.
  • Capitalize all words except prepositions and conjunctions.
  • Example: Limitation of Actions, Justices, Presidents, and Senators, Criminal Law.

🔖 Cited portion (Element d)

  • Indicate the specific location using section (§), paragraph (¶), or page number.
  • Examples:
    • Section: § 12.3
    • Page range: 290-95
    • Section with footnote: § 13.20, n.10

📅 Publication information (Element e)

  • Enclosed in parentheses at the end.
  • Include edition number (if multiple editions exist) and year of publication.
  • Bluebook: publisher name only when necessary to distinguish different publishers' editions.
  • ALWD: routinely include abbreviated publisher name before the year, separated by a comma if there is an edition number.
  • Examples:
    • Bluebook: (5th ed. 2008)
    • ALWD: (5th ed., West 2010) or (Little, Brown & Co. 1991)

🏢 Special cases for institutional and compiled works

🏢 Institutional authors

  • The institution's name substitutes for an individual author's name.
  • Multiple organizational units: cite smallest unit first, then skip to the largest, omitting all intermediate levels.
  • Individual + institution: list individual author first, then institution.
  • Example: Nolan J. Malone, U.S. Bureau of the Census, Evaluating Components of International Migration: Consistency of 2000 Nativity Data (2001).
    • Individual author (Nolan J. Malone) comes first, smallest unit omitted, largest unit (U.S. Bureau of the Census) follows.
  • Example (institution only): Research & Pub. Policy Dep't, Nat'l Urban League, The Impact of Social Security on Child Poverty 5 (2000).
    • Smallest unit (Research & Pub. Policy Dep't) first, then largest (Nat'l Urban League).

📦 Services (specialized field compilations)

Compilations organized around specialized fields include a wide variety of material, ranging from statutes to brief commentary; they are a frequent source of otherwise unpublished cases.

  • Citation includes: volume, abbreviated title (not italicized), publisher in parentheses, subdivision.
  • Volume designation: if not a simple number, place in brackets to separate from the title.
  • Date: full date of the cited document (usually at the end in parentheses).
  • Example: Norling v. Valley Contracting, [2 Wages-Hours] Lab. L. Rep. (CCH) ¶ 35,543 (D.N.D. June 11, 1991).
    • [2 Wages-Hours] = bracketed volume designation
    • Lab. L. Rep. = abbreviated title (not italicized)
    • (CCH) = publisher
    • ¶ 35,543 = subdivision
    • (D.N.D. June 11, 1991) = full date

📜 Restatements

  • No author attribution: cite simply by name, subdivision, and year.
  • Example: Restatement (Second) of Contracts § 30 (1981).
  • May include comments and illustrations: Restatement (Second) of Judgments § 57 cmt. b, illus. 3 (1982).

📝 Annotations (A.L.R.)

  • Treat as articles in a collection or journal.
  • Include author name, "Annotation," title, volume, reporter abbreviation, starting page, and year.
  • Pinpoint references: use page numbers if available; use section numbers if citing online versions (LexisNexis/Westlaw) that lack original interior pagination.
  • Example: Francis M. Dougherty, Annotation, Insurer's Tort Liability for Wrongful or Negligent Issuance of Life Policy, 37 A.L.R.4th 972, 974 (1985). (page pinpoint)
  • Example: Francis M. Dougherty, Annotation, Insurer's Tort Liability for Wrongful or Negligent Issuance of Life Policy, 37 A.L.R.4th 972, at § 1 (1985). (section pinpoint)

🔀 Key differences between citation manuals

ElementBluebookALWD Citation Manual
Volume number placementBefore author's nameAfter title with other subdivision info
Publisher nameOnly when necessary to distinguish editionsRoutinely included (abbreviated) before year
"et al." for multiple authorsStronger presumption to use "et al."Same treatment, but less presumptive
Format example2 Calvin W. Corman, Limitation of Actions § 12.3 (1991).Calvin W. Corman, Limitation of Actions vol. 2, § 12.3 (Little, Brown & Co. 1991).

Don't confuse: Both manuals agree on the core elements (author, title, cited portion, year); they differ only on ordering and level of detail (especially publisher inclusion).

14

Articles and Other Law Journal Writing

§ 2-800 . Articles and Other Law Journal Writing

🧭 Overview

🧠 One-sentence thesis

Law journal article citations follow a standardized format that includes the author's full name, italicized article title, volume number, abbreviated journal name, page numbers, and year of publication, with specific variations for student writing, book reviews, and other special categories.

📌 Key points (3–5)

  • Core citation structure: Author name, italicized title, volume, abbreviated journal name, page numbers, and year in parentheses—six required elements in a specific order.
  • Multiple authors: Works by two authors use both names with "&"; works by more than two use the first author's name followed by "et al."
  • Student writing distinction: Named student pieces include a category label (Note, Comment, Case Comment) after the author's name; unsigned pieces use the category where the author's name would appear.
  • Common confusion: The Bluebook and ALWD Citation Manual differ in how they label student writing—Bluebook uses specific categories like "Note," while ALWD uses the generic "Student Author."
  • Special categories: Book reviews, symposia, tributes, and separately paginated journals each have unique citation rules that modify the standard format.

📝 Core citation elements

📝 Element (a): Author's full name

  • The full name of the contributing author appears first, followed by a comma.
  • Middle names are not reduced to initials unless that is how they appear in the original work.
  • Example: "James Wilson Harshaw III," not "James W. Harshaw III" (unless the original used initials).

👥 Multiple author rules

Number of authorsHow to citeExample
One authorFull nameJames Wilson Harshaw III
Two authorsBoth names separated by "&"Steven G. Calabresi & Kevin H. Rhodes
More than twoFirst author's name + "et al."Thomas L. Irving et al.
  • Exception: Include all authors' names if their inclusion is significant, even when there are more than two.

📝 Element (b): Article title

The article title in full (italicized or underlined) followed by a comma, with all words other than prepositions and conjunctions begun with a capital letter.

  • The title must be complete, not shortened.
  • Capitalization rule: All words except prepositions and conjunctions start with a capital letter.
  • Example: Not Enough Time?: The Constitutionality of Short Statutes of Limitations for Civil Child Sexual Abuse Litigation

📝 Elements (c) and (d): Volume and journal name

  • Element (c): The volume number appears before the journal name.
  • Element (d): The journal name is abbreviated (not italicized).
  • Special case: If the journal has no separate volume number but is paginated consecutively through a year's issues, use the year as the volume number.
  • Example: "50 Ohio St. L.J." means volume 50 of the Ohio State Law Journal.

📝 Elements (e) and (f): Pages and year

  • Element (e): The first page of the article always appears; if citing a specific portion, add those pages after a comma.
    • Example: "753" (entire article starts on page 753) or "1155, 1158" (article starts on 1155, citing page 1158).
  • Element (f): The year of publication in parentheses (unless already contained in the volume number).
  • Example: "(1989)" or "(1992)"

🎓 Student writing variations

🎓 Named student writing

Student writing by a named student includes the category or type of piece added after the author's name (set off by commas).

  • Common categories: Note, Comment, Case Comment.
  • Example: "John Moustakas, Note, Group Rights in Cultural Property: Justifying Strict Inalienability, 74 Cornell L. Rev. 1179, 1183 n.12 (1989)."
  • The category appears between the author's name and the article title.

🎓 Unsigned student writing

  • The category or type of piece appears where the author's name would appear.
  • Example: "Note, Computer Intellectual Property and Conceptual Severance, 103 Harv. L. Rev. 1046, 1057 (1990)."
  • If there is no title or only a long digest-like heading, the piece is identified only by category.
  • Example: "Recent Development, 1979 Wash. U. L.Q. 1161, 1164."

🔍 Don't confuse: Bluebook vs. ALWD for student writing

Citation manualHow student writing is labeledExample
The BluebookSpecific category (Note, Comment, etc.)John Moustakas, Note, Group Rights...
ALWD Citation ManualGeneric label "Student Author"John Moustakas, Student Author, Group Rights...
  • This is a key difference between the two major citation systems.
  • The Bluebook preserves the specific type of student contribution; ALWD uses a uniform label.

📚 Special categories of journal writing

📚 Book reviews

  • If the review is by an author who is not a student editor, the core citation is followed by a parenthetical identifying the piece as a book review or indicating the work reviewed.
  • Example: "John M. Balkin, Nested Opposition, 99 Yale L.J. 1669 (1990) (reviewing John M. Ellis, Against Deconstruction (1989))."
  • If the review is by a student editor, it is cited like other student journal writing and given the category "Book Note."
  • Example: "Book Note, Selling One's Birth Rights, 102 Harv. L. Rev. 1074 (1989) (reviewing Martha A. Field, Surrogate Motherhood (1988))."

📚 Symposia and surveys

  • Articles that are part of a symposium or survey are cited independently unless the name of the symposium must be added to the title for clarity.
  • If the symposium or survey is cited as a unit, include the appropriate category label before the title unless the title already includes the term.
  • Example: "Symposium, Probability and Inference in the Law of Evidence, 66 B.U. L. Rev. 377 (1986)."
  • Example of an individual article: "Charles Nesson, Agent Orange Meets the Blue Bus: Factfinding at the Frontiers of Knowledge, 66 B.U. L. Rev. 521 (1986). [Part of a symposium]"

📚 Tributes, dedications, and specially labeled articles

  • Articles carrying a designation like "Tribute," "Dedication," or "Commentary" should have that label added after the author's name (set off by commas).
  • Example: "John D. Feerick, Dedication, George Bundy Smith - A Good Lawyer, 68 Alb. L. Rev. 207 (2005)."
  • If there is no named author, the designation appears where the author's name would appear.
  • Example: "Tribute, John L. Garvey, 49 Cath. U. L. Rev. 1 (1999)."

🔍 Don't confuse: Bluebook vs. ALWD for special designations

  • The Bluebook: Includes the special designation (Dedication, Tribute, Commentary) in the citation.
  • ALWD Citation Manual: Does not call for the inclusion of an article's special designation.
  • Example (Bluebook): "John D. Feerick, Dedication, George Bundy Smith - A Good Lawyer, 68 Alb. L. Rev. 207 (2005)."
  • Example (ALWD): "John D. Feerick, George Bundy Smith - A Good Lawyer, 68 Alb. L. Rev. 207 (2005)."

📚 Separately paginated journals

Articles in journals with separate pagination in each issue: the volume number is not indicated, but the issue is identified by the date, as it appears on the cover, set off by commas, following the journal name.

  • Page numbers, preceded by the word "at," follow the issue date.
  • Example (Bluebook): "Steve Weinberg, Missing and Presumed Murdered, A.B.A. J., Sept. 1995, at 62."
  • Example (ALWD): "Steve Weinberg, Missing and Presumed Murdered, 81 ABA J. 62 (Sept. 1995)."
  • Don't confuse: ALWD does not leave off the volume number or move the page number; it identifies the issue by date or number in the concluding parentheses.

🔧 Other citation contexts

🔧 Restatements

Restatements are not attributed to an author; they are cited simply by name, subdivision, and year.

  • Example: "Restatement (Second) of Contracts § 30 (1981)."
  • Example with commentary: "Restatement (Second) of Judgments § 57 cmt. b, illus. 3 (1982)."
  • No author name appears because Restatements are collective works.

🔧 Annotations in A.L.R.

  • Annotations in the American Law Reports (A.L.R.) are treated as articles in a collection or journal.
  • Example: "Francis M. Dougherty, Annotation, Insurer's Tort Liability for Wrongful or Negligent Issuance of Life Policy, 37 A.L.R.4th 972, 974 (1985)."
  • Online versions in LexisNexis and Westlaw fail to show original interior pagination, so they require the use of section numbers in any pinpoint reference.
  • Example with section: "Francis M. Dougherty, Annotation, Insurer's Tort Liability for Wrongful or Negligent Issuance of Life Policy, 37 A.L.R.4th 972, at § 1 (1985)."

🔧 Specialized compilations and services

  • Compilations organized around specialized fields include a wide variety of material, ranging from statutes to brief commentary.
  • They are a frequent source of otherwise unpublished cases.
  • Citations include the name or title of the cited document according to the rules applicable to its type (cases, administrative material, etc.).
  • The portion identifying the document's address in the service includes: volume, abbreviated title (not italicized), publisher in parentheses, subdivision.
  • If the volume designation is not simply a number, it should be placed in brackets to separate it from the work's title.
  • The date is the full date of the cited document, usually at the end in parentheses.
  • Example: "Norling v. Valley Contracting, [2 Wages-Hours] Lab. L. Rep. (CCH) ¶ 35,543 (D.N.D. June 11, 1991)."
15

§ 2-900 . Documents from Earlier Stages of the Same Case

§ 2-900 . Documents from Earlier Stages of the Same Case

🧭 Overview

🧠 One-sentence thesis

When citing documents from earlier stages of the same case in a brief or memorandum, the citation is placed in parentheses with capitalized initial letters, standard abbreviations, and pinpoint references to the relevant division of the document.

📌 Key points (3–5)

  • Parenthetical format: References to the record and other case documents are placed in parentheses, not italicized or underlined.
  • Capitalization and abbreviation: Initial letters are capitalized, and standard abbreviations exist for many document types.
  • Pinpoint citations: Use the document's internal divisions (paragraph, number, page) to point to specific content.
  • Additional information: Include dates for depositions and trial testimony, and electronic case management system numbers (like ECF) when available.
  • Common confusion: The word "at" precedes page numbers in record citations, but other divisions (like paragraphs) do not require "at."

📝 Basic formatting rules

📝 Parentheses and text styling

  • All references to case documents go inside parentheses.
  • The document name is not italicized or underlined.
  • Initial letters of the document name are capitalized.
  • Example: (Compl. ¶ 10.) not _(Compl. ¶ 10.)_

🔤 Standard abbreviations

  • Many document types have standard abbreviations (referenced as § 4-900 in the excerpt).
  • Common abbreviations shown in examples:
    • R. = Record
    • Aff. = Affidavit
    • Compl. = Complaint
    • Dep. = Deposition
  • Don't confuse: These are standardized forms, not invented abbreviations.

🎯 Pinpoint citations

🎯 Using document divisions

Pinpoint citations are indicated using the division (paragraph, number, page) of the document in question.

  • The citation must point to the specific part of the document being referenced.
  • Different documents use different internal divisions:
    • Paragraphs: ¶ 6 or ¶ 10
    • Pages: at 30
    • Deposition line ranges: 99:23-101:5

📄 Record page citations

  • Citations to a particular page (or range of pages) in the record are preceded by the word "at" followed by the page number.
  • Example: (R. at 30.) means page 30 of the record.
  • Don't confuse: Paragraph citations use without "at"; page citations use "at" before the number.

📅 Contextual information

📅 Dates and event timing

  • The date of the event is furnished with depositions, trial testimony, and in other situations where it will aid the reader.
  • Example: (Horn Dep. 99:23-101:5, July 22, 2005, ECF No. 22.)
  • The date helps the reader understand when the testimony or event occurred.

💾 Electronic case management systems

  • When the document is held in a court case management system like the federal courts' CM/ECF, the system-assigned document number should be included.
  • Example: ECF No. 22 indicates the document's number in the Electronic Case Filing system.
  • This designation helps locate the document in the electronic system.

📋 Complete examples breakdown

ExampleDocument typePinpoint methodAdditional info
(R. at 30.)RecordPage number with "at"None
(Smith Aff. ¶ 6.)AffidavitParagraph numberNone
(Compl. ¶ 10.)ComplaintParagraph numberNone
(Horn Dep. 99:23-101:5, July 22, 2005, ECF No. 22.)DepositionLine rangeDate and ECF number

📋 Pattern summary

  • Shorter citations (record, affidavit, complaint) include only the essential pinpoint.
  • Longer citations (depositions) add date and electronic filing information to aid the reader.
  • All follow the same parenthetical, capitalized, non-italicized format.
16

§ 3-100 . Electronic Sources

§ 3-100 . Electronic Sources

🧭 Overview

🧠 One-sentence thesis

Electronic source citations require specific core elements including the URL or database identifier, the date last visited or the medium's publication year, and standard bibliographic information.

📌 Key points (3–5)

  • Core elements for electronic citations: URL or database name, access date or publication year, and standard citation components (author, title, etc.).
  • Two main types illustrated: web-based sources (with URLs and "last visited" dates) and database sources (with database name and year).
  • Common confusion: Web sources use "last visited" dates while database sources use publication years—the date type depends on the medium.
  • Integration with standard citation: Electronic citations build on traditional citation formats by adding medium-specific information.

📚 Core citation elements

📚 What electronic citations must include

The excerpt shows that electronic source citations contain:

  • Standard bibliographic information (author/organization, title)
  • Medium-specific identifiers (URL or database name)
  • Temporal information (access date or publication year)
  • Formatting markers like "available at" for web sources

🔗 How elements are arranged

  • The organization or author comes first
  • The title follows (italicized in the examples)
  • Medium information appears after the title
  • Dates close the citation in parentheses

🌐 Web-based sources

🌐 URL and access date format

Web sources include the phrase "available at" followed by the full URL, then "(last visited [date])".

Example from the excerpt:

  • American Bar Association citation shows the full URL path
  • The access date is formatted as "Aug. 28, 2013"
  • The "last visited" language signals that the content may change over time

⚠️ Why "last visited" matters

  • Web content can be updated or removed
  • The date documents when the cited information was actually present
  • Don't confuse: this is not the publication date of the content, but the date the researcher accessed it

💿 Database sources

💿 Database citation structure

Database sources identify the specific database or CD-ROM product in parentheses, followed by the publication year.

Example from the excerpt:

  • Department of Veterans Affairs manual citation
  • Shows "LexisNexis Veterans Benefits Manual and Related Laws and Regulations CD-ROM" as the medium
  • Year "2012" indicates the database version, not an access date

🔄 Database vs web distinction

FeatureWeb sourcesDatabase sources
Location identifierFull URLDatabase/product name
Date type"last visited" (access date)Publication year of database
Stability assumptionContent may changeFixed version
Introductory phrase"available at"Medium name in parentheses

📍 Section references in databases

  • The excerpt shows "§ 2.03" as a pinpoint citation within the database source
  • Section numbers help locate specific content within large database documents
  • This follows the same pinpoint citation logic used for print sources
17

§ 3-200 . Judicial Opinions

§ 3-200 . Judicial Opinions

🧭 Overview

🧠 One-sentence thesis

This section demonstrates the standard citation format for judicial opinions across federal and state courts, emphasizing case name styling, reporter volume and page numbers, court identification, and year.

📌 Key points (3–5)

  • Most common form: case name (italicized or underlined), volume number, reporter abbreviation, first page, pinpoint page(s), court abbreviation in parentheses, and year.
  • Case name styling: not italicized/underlined in parenthetical references to record documents, but initial letters capitalized; standard abbreviations exist for document types.
  • Pinpoint citations: indicated using the document's division (paragraph, number, or page); page citations customarily preceded by "at."
  • Common confusion: distinguishing between full citation form (shown here) and short form (referenced in § 6-520).
  • Court hierarchy coverage: examples span Supreme Court, Courts of Appeals, District Courts, specialized courts (Bankruptcy, Tax, Military, Federal Claims).

📋 Core citation structure

📋 Standard elements

The excerpt illustrates the most common form through two examples:

Wilson v. Mar. Overseas Corp., 150 F.3d 1, 6-7 (1st Cir. 1998).
Meier v. Said, 2007 ND 18, ¶ 22, 726 N.W.2d 852.

Each citation contains:

  • Case name: party names, abbreviated according to standard rules.
  • Reporter volume and page: the volume number precedes the reporter abbreviation (e.g., "150 F.3d"), followed by the first page of the opinion ("1").
  • Pinpoint reference: specific pages or paragraphs where the cited material appears ("6-7" or "¶ 22").
  • Court and year: in parentheses, identifying the deciding court and decision year.

🔍 How pinpoint citations work

  • The excerpt states that pinpoint citations use "the division (paragraph, number, page) of the document in question."
  • Page citations are "customarily, preceded by the word 'at' followed by the page number."
  • Example: In record documents, you would write "at 15" to cite page 15; in case citations, the pinpoint follows the first page directly (e.g., "150 F.3d 1, 6-7").

📄 Record and document citations

When citing documents in the case record (briefs, memoranda):

  • Document names are not italicized or underlined.
  • Initial letters are capitalized.
  • Standard abbreviations (referenced in § 4-900) apply to many document types.
  • Date of the event is included for depositions, trial testimony, and other time-sensitive materials.
  • Document numbers from court case management systems (e.g., CM/ECF) should be included when available.

Don't confuse: case names in full citations are styled differently (italicized/underlined) than document names in parenthetical record references (plain text, capitalized initials).

🏛️ Federal court citations

⚖️ Supreme Court

The excerpt provides multiple reporter options for the same court:

  • U.S. Reports (official): Brown v. Helvering, 291 U.S. 193, 203 (1934).
  • Supreme Court Reporter: Scott v. Harris, 127 S. Ct. 1769 (2007).
  • Lawyers' Edition: Cornish v. D.C. Bd. on Prof'l Responsibility, 117 S. Ct. 547, 136 L. Ed. 2d 430 (1996).
  • U.S. Law Week: Scott v. Harris, 75 U.S.L.W. 4297 (U.S. Apr. 30, 2007).

Special notations:

  • Dissenting or concurring opinions: John Doe Agency v. John Doe Corp., 493 U.S. 146, 159-60 (1934) (Stevens, J., dissenting).
  • Subsequent history: Travis v. Gary Cmty. Mental Health Ctr., 921 F.2d 108 (7th Cir. 1990), cert. denied, 112 S. Ct. 60 (1991).

🔄 Courts of Appeals

Circuit courts are identified by circuit number or jurisdiction in parentheses:

  • Numbered circuits: Shames v. Cal. Travel & Tourism Op. Comm'n, 607 F.3d 611 (9th Cir. 2010).
  • D.C. Circuit: Natural Res. Def. Council v. NRC, 216 F.3d 1180 (D.C. Cir. 2000).
  • Federal Circuit: Or. Steel Mills, Inc. v. United States, 862 F.2d 1541 (Fed. Cir. 1988).

The reporter abbreviation "F.3d" (or "F.2d") indicates the Federal Reporter series.

🏢 District Courts

District court citations include the specific district:

  • Hollander v. Inst. For Research on Women & Gend. At Columbia Univ., No. 08 Civ. 7286 (LAK) (KNF), 2009 U.S. Dist. LEXIS 34942 (S.D.N.Y. Apr. 15, 2009).
  • Villar v. Crowley Mar. Corp., 780 F. Supp. 1467 (S.D. Tex. 1992).

Elements unique to district courts:

  • Docket number: "No. 08 Civ. 7286" identifies the case in the court's system.
  • Judge initials: "(LAK) (KNF)" may indicate the assigned judges.
  • District abbreviation: "S.D.N.Y." = Southern District of New York; "E.D. Pa." = Eastern District of Pennsylvania.
  • Electronic databases: when citing unpublished opinions, include the database (e.g., "2009 U.S. Dist. LEXIS 34942") and full date.

🏦 Specialized federal courts

The excerpt lists examples for:

CourtExample citationReporter
Bankruptcy Courts(listed but no example provided)
Court of Federal Claims(listed but no example provided)
Tax Court(listed but no example provided)
Military Service Courts of Criminal Appeals(listed but no example provided)

(The excerpt mentions these courts but does not provide full citation examples for them.)

🗺️ State court citations

🗺️ State citation format

The excerpt provides one state court example:

  • Meier v. Said, 2007 ND 18, ¶ 22, 726 N.W.2d 852.

Key differences from federal citations:

  • State-specific reporter: "N.W.2d" (North Western Reporter, 2nd series) covers multiple states.
  • Public domain citation: "2007 ND 18" is a vendor-neutral citation (North Dakota, year 2007, decision number 18).
  • Paragraph pinpoint: "¶ 22" cites a specific paragraph rather than a page.

The excerpt states "Full Range of: Federal Court Decisions | State Court Decisions" but provides detailed examples only for federal courts; state court examples are minimal.

🔗 Cross-references and additional resources

🔗 Related sections

  • Short form examples: see § 6-520 (the excerpt notes this but does not reproduce the short forms here).
  • Standard abbreviations: § 4-900 contains abbreviations for document types.
  • Electronic sources: § 3-100 and § 3-110 cover electronic citation core elements (illustrated with ABA and Department of Veterans Affairs examples).

📚 Electronic citation examples

The excerpt includes two illustrations of electronic sources:

  1. Web resource: American Bar Association, Section on Legal Education and Admissions to the Bar, Statistics, available at http://www.americanbar.org/groups/legal_eduation/resources/statistics.html (last visited Aug. 28, 2013).
  2. CD-ROM: Dep't of Veterans Affairs, M21-1, The Adjudiciation Division § 2.03 (LexisNexis Veterans Benefits Manual and Related Laws and Regulations CD-ROM, 2012).

Don't confuse: electronic citations require "available at" and "last visited" for web sources; CD-ROM citations include the medium in parentheses.

18

§ 3-300. Constitutions, Statutes, and Similar Materials

§ 3-300 . Constitutions, Statutes, and Similar Materials

🧭 Overview

🧠 One-sentence thesis

Legal citation formats for constitutions, statutes, and regulations vary significantly between general practice and in-state usage, with each jurisdiction prescribing specific abbreviations, publisher identifications, and ordering conventions that practitioners must follow when submitting documents to local courts.

📌 Key points (3–5)

  • Dual citation systems exist: most states require one citation format for general use and a different, more economical format for in-state court submissions.
  • Publisher identification rules differ: The Bluebook, ALWD Citation Manual, and AALL Universal Citation Guide disagree on whether and when to identify commercial publishers (West, LexisNexis) in statutory citations.
  • Medium-neutral citations: some states (Wisconsin, Wyoming, North Dakota, etc.) require paragraph-numbered, publisher-independent citations for recent decisions.
  • Common confusion: the same statute may need "Ann." (annotated) designation and publisher name in one context but neither in another; the choice depends on the citation manual followed and whether the document is filed in-state.
  • Special state rules: certain states (West Virginia, California, Maryland, Florida) use unique ordering, abbreviations, or syllabus-point references that override general citation conventions.

📚 Core citation components

📚 What constitutes a complete statutory citation

A full statutory citation typically includes:

  • Jurisdiction abbreviation (e.g., "42 U.S.C." for federal, "Iowa Code" for state)
  • Section symbol and number (e.g., "§ 405(c)(2)(C)")
  • Date parenthetical when needed (showing the year of the code edition or amendment)
  • Publisher identification in some formats (e.g., "West" or "LexisNexis")
  • "Ann." designation if the compilation is annotated

Example: 42 U.S.C. § 405(c)(2)(C)(ii) is a federal statute citation; Iowa Code § 602.1614 is a state statute citation.

🔍 Constitutional citations

Constitutional citations follow the pattern: jurisdiction abbreviation + "Const." + article/amendment + section/clause.

  • Federal: U.S. Const. amend. XIV, § 1
  • State: N.Y. Const. art. I, § 9, cl. 2
  • These citations are simpler than statutory citations and do not require publisher or date information in most cases.

🏛️ Competing citation manual rules

📘 The Bluebook approach

  • Requires publisher identification only for commercial compilations "not prepared under direct supervision of the state."
  • Adds "Ann." when the compilation name includes "annotated."
  • Does not identify the publisher when the state contracts with one publisher to produce the "official" version.
  • Normalizes state regulation abbreviations to begin with the state name (e.g., converts "Code of Maine Rules" to "Me. Code. R.").

📙 ALWD Citation Manual approach

  • Identifies all publishers in jurisdictions with multiple print editions, even the one producing the "official" version under state contract.
  • Also adds "Ann." for annotated compilations.
  • Uses abbreviations that track the actual name given by the state or principal publisher (e.g., "Code Me. R." for Maine, not "Me. Code. R.").

📗 AALL Universal Citation Guide approach

  • Never includes publisher identification.
  • Never indicates whether the version is annotated.
  • Emphasizes medium-neutral, jurisdiction-controlled citation formats.

Don't confuse: The three manuals agree on basic structure (jurisdiction + section number) but diverge on publisher names, "Ann." designation, and abbreviation style. The choice of manual depends on the court, journal, or employer's preference.

🗺️ In-state vs. general citation formats

🗺️ Why two formats exist

Many states prescribe a distinct, more economical citation format for use within the state's own courts. These in-state formats:

  • Omit the full jurisdiction name (e.g., "Code § 8.1-101" instead of "Va. Code Ann. § 8.1-101" in Virginia).
  • Use shorter abbreviations (e.g., "KRS" instead of "Ky. Rev. Stat. Ann." in Kentucky).
  • Assume the reader knows which state's laws are being cited, reducing redundancy.

Example: In California, general citations use Cal. Com. Code § 1101, but in-state citations use Commercial Code § 1101 with no jurisdiction abbreviation.

🏠 When to use in-state formats

  • When submitting briefs, memoranda, or other documents to a state's own courts.
  • When writing decisions as a judge in that state.
  • When there is "little ambiguity about which jurisdiction's statutes and which version are referred to."

Don't confuse: In-state formats are not "wrong" versions of the general format; they are official alternatives prescribed by state rules or conventions. Using the general format in state court is usually acceptable, but using the in-state format elsewhere may cause confusion.

🔢 Medium-neutral citations

🔢 What medium-neutral means

Medium-neutral citation: a citation format that uses court-assigned year, court identifier, and sequential decision number, plus paragraph numbers, instead of page numbers tied to a specific print reporter.

  • Example: State v. Nelson, 2002 WY 99, ¶ 6, 49 P.3d 185 (Wyo. 2002)
  • The "2002 WY 99, ¶ 6" portion is medium-neutral; it works regardless of which publisher's version the reader uses.

⏱️ When medium-neutral citations are required

Several states require medium-neutral citations for decisions from a certain year forward:

  • Wisconsin: decisions from 2000 forward must include year + "WI" or "WI App" + sequential number + paragraph number.
  • Wyoming: decisions from 2001 forward; parallel cite to regional reporter optional from 2004 onward.
  • North Dakota: decisions use year + "ND" + sequential number + paragraph.

Pinpoint cites in these jurisdictions must reference the court-assigned paragraph numbers, not page numbers.

Don't confuse: Medium-neutral citations supplement, rather than replace, traditional reporter citations in most states. The excerpt shows both formats used together (e.g., 2000 WI 98, ¶ 53, 237 Wis. 2d 99, 613 N.W.2d 849).

📋 State-by-state variations (selected examples)

📋 West Virginia: syllabus points

  • West Virginia requires citations to syllabus points where possible: Syl. pt. 3, Cline v. Paramount Pac., Inc., 156 W. Va. 641, 196 S.E.2d 87 (1973).
  • Syllabus points are court-approved headnotes that summarize legal holdings.
  • In-state references should include the official West Virginia Reports in parallel with the regional reporter.

📋 Maryland: altered format and article names

  • In-state format: Md. Code (date), Commercial Law Art., § 1-101 (note "Art." for "Article").
  • General format: Md. Code, Com. Law § 1-101 or Md. Code Ann., Com. Law § 1-101 (LexisNexis date).
  • Maryland organizes its code by subject-matter articles (e.g., "Criminal Law Art.," "Insurance Art.").

📋 Florida: reversed order

  • In-state format reverses the order: § 671.1-101, Fla. Stat. (date) instead of Fla. Stat. § 671.1-101 (date).
  • This is a purely stylistic difference prescribed by Florida court rules.

📋 Michigan: administrative order

  • Michigan's in-state format (MCL 440.1101) is "set out in an administrative order."
  • The excerpt references § 7-500 for the full order, indicating that Michigan's citation rules are formally codified.

🧩 Special materials

🧩 Session laws

Session laws: statutes as originally enacted, cited by public law number and Statutes at Large volume/page or state session law chapter.

  • Federal example: House Page Board Revision Act of 2007, Pub. L. No. 110-2, 121 Stat. 4
  • State example: Health Risk Limits for Perfluorooctanoic Acid and Perfluorooctane Sulfonate, 2007 Minn. Laws ch. 37, [URL]

Session laws are useful when citing very recent legislation not yet incorporated into the code or when the original enactment language matters.

🧩 Bills, named statutes, and uniform acts

  • Bills: H.R. 2971, 108th Cong. § 101 (2003) (pending or failed legislation).
  • Named statutes with original section numbers: Social Security Act § 223(e), 42 U.S.C. § 423(e) (cites both the popular name and the codified location).
  • Internal Revenue Code: I.R.C. § 21 (special abbreviation for Title 26 of the U.S. Code).
  • Uniform acts: U.C.C. § 2-202 (amended 2003) or Unif. Probate Code § 2-107 (amended 1990), 8(I) U.L.A. 87 (1998) (cites the model act, not a state's adoption).

🧩 Local ordinances and treaties

  • Local ordinance: Cincinnati, Ohio, Municipal Code § 302-3 (includes city and state).
  • Treaty: North American Free Trade Agreement, U.S.-Can.-Mex., art. 705(3), Dec. 17, 1992, 32 I.L.M. 289 (1993) (includes parties, article, date, and publication in International Legal Materials).

📜 Regulation citations

📜 Federal regulations

  • Standard format: 49 C.F.R. § 236.403 (Code of Federal Regulations, title and section).
  • C.F.R. is the codified version of federal agency rules.

📜 State regulations

  • State regulation citation formats vary even more than statutory formats.
  • Example (Maine): Code Me. R. 12 170 7 § 5 (ALWD format) vs. Me. Code. R. 12 170 7 § 5 (Bluebook format).
  • The Bluebook normalizes abbreviations to start with the state name; ALWD tracks the actual publication name.
  • Many states have in-state abbreviations (e.g., Alaska: 8 AAC 15.160 instead of Alaska Admin. Code tit. 8, § 15.160).

Don't confuse: The divergence between Bluebook and ALWD is especially pronounced for regulations in the 12 states (plus D.C.) where Weil (now LexisNexis) publishes the compilation. The excerpt notes that "the following chart includes the one that tracks the name given the compilation by the state itself or the principal publisher," favoring ALWD's approach.

🔄 Practical citation workflow

🔄 Determine your audience and manual

  1. Identify the jurisdiction: Are you writing for a federal court, a specific state court, or a general audience (law review, treatise)?
  2. Check local rules: Does the court require a specific citation manual or in-state format?
  3. Choose the manual: If no rule specifies, follow your employer's or publication's preference (Bluebook, ALWD, or AALL).

🔄 Build the citation step-by-step

  1. Jurisdiction abbreviation: Use the standard abbreviation (e.g., "Cal." for California, "U.S." for federal).
  2. Code name: Include "Code," "Stat.," "Rev. Stat.," etc., as appropriate; add "Ann." if required by your manual and the compilation is annotated.
  3. Section number: Use "§" symbol and the full section number, including subsections (e.g., "§ 405(c)(2)(C)(ii)").
  4. Publisher (if needed): Add "(West date)" or "(LexisNexis date)" if your manual requires it.
  5. Date: Include the year of the code edition or supplement in parentheses; write "{date if needed}" as a placeholder if the date depends on context.

Example workflow for Iowa statute:

  • General format: Iowa Code § 602.1614 (no publisher needed; Iowa's code is official).
  • If using an annotated version and ALWD: Iowa Code Ann. § 602.1614 (West date).

🔄 Verify in-state format

  • If filing in Iowa state court, check whether Iowa prescribes a shorter format (the excerpt does not show one for Iowa, so the general format is used).
  • If filing in California state court, switch to Commercial Code § 1614 (hypothetical; adjust the code name as needed).

Don't confuse: The "correct" citation is context-dependent. A citation that is correct for a law review article may be incorrect (or at least non-preferred) for a state court brief, and vice versa.

19

§ 3-400 . Regulations, Other Agency and Executive Material

§ 3-400 . Regulations, Other Agency and Executive Material

🧭 Overview

🧠 One-sentence thesis

This section establishes citation formats for administrative regulations across federal and state jurisdictions, emphasizing that many states use distinct, more economical citation formats in their own courts that differ from national citation manual standards.

📌 Key points (3–5)

  • Federal regulation citation: The most common form is the Code of Federal Regulations (C.F.R.) citation, e.g., "49 C.F.R. § 236.403."
  • State regulation citation divergence: The Bluebook and ALWD Citation Manual often disagree on abbreviations, with The Bluebook normalizing all state codes to begin with the state name, while ALWD tracks the actual published name.
  • In-state vs. out-of-state formats: Most states use a shorter, more economical citation format in their own courts (e.g., "COMAR" in Maryland instead of "Code Md. Regs.") when the jurisdiction is clear from context.
  • Common confusion: The same regulation may be cited differently depending on whether the citation appears in a state's own courts or in a document intended for broader use—don't assume one format is universally correct.
  • Publisher references: The Bluebook sometimes includes publisher names (e.g., Weil) in citations, but ALWD and dominant professional practice omit them.

📚 Federal regulation citation format

📚 Basic C.F.R. citation structure

The most common federal regulation citation format: [Title number] C.F.R. § [section number].

  • Example: 49 C.F.R. § 236.403
  • The title number comes first, followed by the abbreviation "C.F.R." (Code of Federal Regulations), then the section symbol and section number.
  • Dates may be added if needed, typically in parentheses at the end.

📰 Federal Register citations for new or amended rules

When regulations are newly adopted or amended, they are first published in the Federal Register before being codified in the C.F.R.

  • Example: Authorization of Representative Fees, 74 Fed. Reg. 48381, 48384 (Sept. 23, 2009) (amending 20 C.F.R. § 404.1720)
  • The citation includes the rule title, Federal Register volume and page numbers, date, and a parenthetical noting which C.F.R. section is being amended.
  • Example: Adopted Permanent Rules Relating to Telephone Assistance Plans, 34 Minn. Reg. 818 (Dec. 7, 2009) (to be codified at Minn. R. 7817.0400) shows a state-level parallel for rules not yet codified.

🗺️ State regulation citation formats

🗺️ Two competing national citation manuals

The excerpt highlights a fundamental divergence between The Bluebook and the ALWD Citation Manual:

ManualApproachExample (Maine)
ALWD Citation ManualTracks the actual published name of the compilationCode Me. R. (as published by Weil/LexisNexis)
The BluebookNormalizes all abbreviations to begin with the state nameMe. Code. R.
  • This divergence affects all 12 states plus the District of Columbia for which Weil publishes regulations.
  • The excerpt's examples follow the ALWD approach, using abbreviations that match the state's own or the publisher's naming.

🏛️ In-state vs. out-of-state citation formats

Most states have two citation formats:

  1. Out-of-state / general format: Longer, includes full jurisdiction identification, used when the context may be ambiguous.
  2. In-state format: Shorter, more economical, used "in decisions of the state's own courts and submissions to them, under circumstances where there is little ambiguity about which jurisdiction's regulations and which version are referred to."

Example (Maryland):

  • Out-of-state: Code Md. Regs. 21.11.05.01.B ({ date if needed })
  • In-state: COMAR 21.11.05.01.B

Example (Alaska):

  • Out-of-state: Alaska Admin. Code tit. 8, § 15.160 ({ date if needed })
  • In-state: 8 AAC 15.160

Don't confuse: The in-state format is not "wrong"—it is the preferred format within that jurisdiction when context is clear. Using the longer format in a state court brief may signal unfamiliarity with local practice.

📋 State-by-state variations

The excerpt provides a comprehensive list of all 50 states plus D.C., showing both formats for each. Key patterns:

  • Economical abbreviations: Many states use initialisms (e.g., "COMAR" for Maryland, "IDAPA" for Idaho, "OAC" for Oklahoma).
  • Ordering differences: Some states (e.g., Colorado) reorder elements: 3 Code Colo. Regs. (out-of-state) vs. 3 Colo. Code Regs. (in-state).
  • Punctuation and spacing: Minor differences in commas, periods, and spacing (e.g., Connecticut: Conn. Agencies Regs. vs. Regs., Conn. State Agencies).
  • Department abbreviations: Some states (e.g., Wisconsin, New Hampshire) include department abbreviations in the citation (e.g., Wis. Admin. Code Trans. § 101.04(3) for Transportation).

Example (New Mexico):

  • Out-of-state: N.M. Admin. Code § 11.4.7.10 ({ date if needed })
  • In-state: 11.4.7.10 NMAC ({ date if needed })
  • Note: Since 2000, New Mexico formats the full section number before the abbreviation "NMAC."

🔧 Other agency and executive materials

🔧 Agency adjudications

Administrative agencies issue decisions that are cited similarly to court cases but with agency-specific reporters.

  • Example: National Treasury Employees Union, Chapter 65, 57 F.L.R.A. No. 3 (Mar. 12, 2001) (Federal Labor Relations Authority)
  • Example: Altercare of Hartville., 321 N.L.R.B. 847 (1996) (National Labor Relations Board)
  • Example with URL: H H 3 Trucking Inc., 345 NLRB No. 59 (Sept. 15, 2005), http://mynlrb.nlrb.gov/link/document.aspx/09031d458007a338

📊 Agency reports

Government agencies publish annual reports and special studies.

  • Example: 1981 S.E.C. Ann. Rep. 21 (Securities and Exchange Commission annual report, page 21)
  • Example: U.S. General Accounting Office, SSA: Enhanced Procedures and Guidance Could Improve Service and Reduce Overpayments to Concurrent Beneficiaries 11 (2002) (institutional author, report title in italics, page number, year)

📜 Executive orders and proclamations

Executive branch directives are cited with their number, Federal Register or C.F.R. location, and date.

  • Example: Exec. Order No. 12,893, 59 Fed. Reg. 4233 (Jan. 31, 1994)
  • Example: Proclamation No. 7202, 3 C.F.R. 48 (2000)
  • State-level example: Mich. Exec. Order No. 2003-4 (Feb. 27, 2003), http://www.michigan.gov/granholm/0,4587,7-168-21975-62542--,00.html

💼 Attorney General and advisory opinions

Legal opinions issued by attorneys general or other legal officers.

  • Example: 38 Op. Att'y Gen. 98 (1934) (federal Attorney General opinion)
  • Example: Authority Under the Defense Base Closure and Realignment Act to Close or Realign National Guard Installations Without the Consent of State Governors, Op. Off. Legal Counsel (Aug. 10, 2005) (Office of Legal Counsel opinion)
  • State example: 86 Cal. Att'y Gen. Op. No. 03-105 (June 19, 2003)

⚖️ Related citation types

⚖️ Arbitration decisions

International and domestic arbitration awards are cited with parties, tribunal, decision number, date, and arbitrators.

  • Example: United States - Tax Treatment for "Foreign Sales Corporations," World Trade Organization No. 108 (Aug. 30, 2002) (Falconer, Chambovey & Seung Wha Chang, Arbs.)

📖 Court rules

Procedural rules are cited by rule set and rule number.

  • Example: Fed. R. Civ. P. 12(b)(6) (Federal Rules of Civil Procedure)
  • Example: Fed. R. Crim. P. 7(b) (Federal Rules of Criminal Procedure)
  • State examples: Haw. Fam. Ct. R. 106 (Hawaii Family Court Rules), N.J. Ct. R. 3:8-3 (New Jersey Court Rules)

🔍 Publisher and annotation notes

🔍 Publisher references

The excerpt notes a practice difference:

  • The Bluebook: Sometimes includes the publisher name (e.g., Weil) in the concluding parentheses before the date, but not consistently.
  • ALWD Citation Manual and dominant professional practice: Omit publisher references in all cases.

The excerpt follows the ALWD approach and omits publisher names throughout.

🔍 Annotated code designation

The excerpt briefly mentions (in the opening lines) that both The Bluebook and ALWD call for adding "Ann." when a compilation's name includes "annotated," but the AALL Universal Citation Guide would not indicate this.

  • Example context: A statute compilation titled "Florida Statutes Annotated" would be cited as "Fla. Stat. Ann." under Bluebook/ALWD rules.
  • This note appears to be a carryover from the preceding section on statutes (§ 3-340) rather than a focus of the regulations section.
20

§ 3-500 . Arbitration Decisions

§ 3-500 . Arbitration Decisions

🧭 Overview

🧠 One-sentence thesis

This section demonstrates how to cite arbitration decisions in legal writing by showing the required elements: case name, arbitration body, decision number, date, and arbitrator names.

📌 Key points (3–5)

  • What this section covers: the citation format for arbitration decisions in legal documents.
  • Required elements: case name, arbitration organization, decision number, date, and arbitrator names in parentheses.
  • Example provided: a World Trade Organization arbitration decision with all necessary components.
  • Common confusion: arbitration citations differ from court case citations—they require the arbitration body name and arbitrator names, not just parties and a reporter.

📝 Citation structure

📝 Core components of an arbitration citation

The excerpt provides one illustration showing the standard format:

United States - Tax Treatment for "Foreign Sales Corporations," World Trade Organization No. 108 (Aug. 30, 2002) (Falconer, Chambovey & Seung Wha Chang, Arbs.) .

The citation includes:

  • Case name: "United States - Tax Treatment for 'Foreign Sales Corporations'"
  • Arbitration body: "World Trade Organization"
  • Decision number: "No. 108"
  • Date: "(Aug. 30, 2002)"
  • Arbitrators: "(Falconer, Chambovey & Seung Wha Chang, Arbs.)"

🔍 How this differs from court citations

  • Court citations typically reference a reporter volume and page number (e.g., "345 F.3d 123").
  • Arbitration citations identify the arbitration organization instead of a court.
  • Arbitrator names are included in a second parenthetical, abbreviated as "Arbs."
  • Don't confuse: the arbitration body (World Trade Organization) is not the same as a court name; it is the organization that administered the arbitration process.

🧩 Practical application

🧩 When to use this format

  • Use this citation style when referencing decisions issued by arbitration panels rather than courts.
  • The excerpt places this section between agency advisory opinions (§ 3-490) and court rules (§ 3-600), indicating arbitration decisions occupy a distinct category in legal citation.

🧩 Key details to include

  • Always identify the arbitration organization (e.g., World Trade Organization, American Arbitration Association).
  • Include the decision or case number assigned by the arbitration body.
  • List all arbitrators by last name in the final parenthetical with the abbreviation "Arbs."
  • Example: If an arbitration panel of three people decides a trade dispute, all three names appear: "(Smith, Jones & Lee, Arbs.)".
21

§ 3-600. Court Rules

§ 3-600 . Court Rules

🧭 Overview

🧠 One-sentence thesis

This excerpt provides citation format illustrations for court rules, books, institutional works, legal services, restatements, annotations, and law journal articles, showing how to cite each type of legal source with proper structure and punctuation.

📌 Key points (3–5)

  • Court rules: Cited by abbreviation (e.g., Fed. R. Civ. P., Haw. Fam. Ct. R., N.J. Ct. R.) followed by the rule number.
  • Books: Author name, title in italics, section or page number, and publication year in parentheses; institutional authors follow a similar pattern.
  • Journal articles: Author name, article title in italics, volume number, journal abbreviation, starting page, pinpoint page, and year in parentheses.
  • Common confusion: Student-written pieces (notes, comments) require the designation "Note" or "Comment" before the title; unsigned student work omits the author name and begins with "Note" or "Recent Case."
  • Special cases: Restatements, annotations, and book reviews each have distinct citation structures with specific elements (e.g., Restatement edition year, annotation author and A.L.R. series, reviewed book title in parentheses).

📜 Court rules and institutional sources

⚖️ Court rule citations

  • Court rules are cited by their abbreviated name followed by the rule number.
  • Examples from the excerpt:
    • Fed. R. Civ. P. 12(b)(6)
    • Fed. R. Crim. P. 7(b)
    • Haw. Fam. Ct. R. 106
    • N.J. Ct. R. 3:8-3
  • The format is straightforward: abbreviation + rule number, with no additional parenthetical information unless the rule has subsections (indicated by letters or numbers in parentheses).

🏢 Institutional authors

Works by institutional authors: publications where an organization or government body is the author, cited with the institution name first.

  • The institution name appears where an individual author's name would normally go.
  • Examples:
    • Enron Corp., 2000 Annual Report 30 (2001).
    • Nolan J. Malone, U.S. Bureau of the Census, Evaluating Components of International Migration: Consistency of 2000 Nativity Data (2001).
    • Research and Public Policy Department, National Urban League, The Impact of Social Security on Child Poverty 5 (2000).
  • Don't confuse: when an individual author is listed along with an institution (e.g., Nolan J. Malone, U.S. Bureau of the Census), the individual name comes first, followed by the institution.

📚 Legal services and reporters

  • Services are specialized legal publications that compile cases and materials by topic.
  • The excerpt shows three patterns:
    • Case name, volume number, service abbreviation (publisher in parentheses), paragraph or page number, court, and date.
    • Example: Vill. of Grand View v. Skinner, 22 Envtl. L. Rep. (Envtl. L. Inst.) 20120 (2d Cir. Oct. 24, 1991).
    • Example: Norling v. Valley Contracting, [2 Wages-Hours] Lab. L. Rep. (CCH) ¶ 35,543 (D.N.D. June 11, 1991).
  • The bracketed topic (e.g., [2 Wages-Hours], [Insurance]) indicates the subject area within the service.

📖 Book citations

📘 Most common book form

  • The standard book citation includes: author name, title in italics, section or page number, and publication year in parentheses.
  • Examples:
    • Calvin W. Corman, Limitation of Actions § 12.1 (1991).
    • Henry Julian Abraham, Justices, Presidents and Senators 290-95 (5th ed. 2008).
    • Wayne R. LaFave & Austin W. Scott, Criminal Law § 5.4 (2d ed. 1986).
  • When citing a specific section, use "§" followed by the section number; when citing pages, use the page range (e.g., 290-95).
  • Edition information (e.g., "5th ed.") appears before the year if the book is not a first edition.
  • Multiple authors are connected with "&" (e.g., LaFave & Scott); "et al." is used when there are more than two authors (e.g., Eugene F. Scoles et al.).

📕 Restatements

Restatements: authoritative summaries of common law principles published by the American Law Institute, cited by series, subject, section, and year.

  • Format: Restatement (series) of [Subject] § [number] (year).
  • Examples:
    • Restatement (Second) of Contracts § 30 (1981).
    • Restatement (Second) of Judgments § 57 cmt. b, illus. 3 (1982).
  • Additional elements like comments ("cmt.") and illustrations ("illus.") can be pinpointed after the section number.

📗 Annotations

  • Annotations are analytical articles in A.L.R. (American Law Reports) that survey case law on specific topics.
  • Format: Author name, "Annotation," title in italics, A.L.R. series and volume, starting page, pinpoint page, and year.
  • Example: Francis M. Dougherty, Annotation, Insurer's Tort Liability for Wrongful or Negligent Issuance of Life Policy, 37 A.L.R.4th 972, 974 (1985).
  • The word "Annotation" appears after the author's name to distinguish this type of source.

📰 Law journal articles

📄 Most common journal article form

  • The standard format: Author name, article title in italics, volume number, journal abbreviation, starting page, pinpoint page, and year in parentheses.
  • Example: Dan T. Coenen, The Constitutional Case Against Intracircuit Nonacquiescence, 75 Minn. L. Rev. 1339, 1341 (1991).
  • The volume number comes before the journal abbreviation, and the starting page is followed by a comma and the pinpoint page (the specific page being cited).
  • Example: Steven L. Carter, The Right Questions in the Creation of Constitutional Meaning, 66 B.U. L. Rev. 71 (1986).

📝 Student-written pieces

  • Student notes, comments, and case notes require the designation "Note," "Comment," or "Case Note" before the article title.
  • Format: Student name, designation, article title, volume, journal abbreviation, starting page, pinpoint page, and year.
  • Examples:
    • John Moustakas, Note, Group Rights in Cultural Property: Justifying Strict Inalienability, 74 Cornell L. Rev. 1179, 1183 n.12 (1989).
    • Betsy Vencil, Comment, 26 Nat. Resources J. 606 (1986).
    • Kerwin E. Miller, Case Note, 28 How. L.J. 313 (1985).
  • Don't confuse: the designation (Note, Comment, etc.) is part of the citation and must appear after the author's name.

📋 Unsigned student writing

  • When student work is unsigned (no author name given), the citation begins with the designation.
  • Format: Designation, volume, journal abbreviation, starting page, pinpoint page, and year.
  • Examples:
    • Recent Case, 103 Harv. L. Rev. 1732 (1990).
    • Recent Development, 1979 Wash. U.L.Q. 1161, 1164.
    • Note, Computer Intellectual Property and Conceptual Severence, 103 Harv. L. Rev. 1046, 1057 (1990).
  • The designation (Recent Case, Recent Development, Note) takes the place of the author name.

📚 Book reviews

  • Book reviews in law journals cite both the review and the book being reviewed.
  • Format: Reviewer name, review title (if any) in italics, volume, journal abbreviation, starting page, pinpoint page, year, and the reviewed book's author and title in parentheses.
  • Examples:
    • John M. Balkin, Nested Opposition, 99 Yale L.J. 1669 (1990) (reviewing John M. Ellis, Against Deconstruction (1989)).
    • Book Note, Generalizing Justice, 103 Harv. L. Rev. 1384, 1389 (1990) (reviewing Lenore E. Walker, Terrifying Love: Why Battered Women Kill and How Society Responds (1989)).
  • The parenthetical at the end identifies the book under review, including the author, title, and publication year.
  • Example: Gerald Caplan, A Review of Death by Installments by Arthur S. Miller and Jeffrey H. Bowman, 57 Geo. Wash. L. Rev. 1643 (1989) (book review).

🔍 Distinguishing citation types

🔍 Key structural differences

Source typeKey identifierExample element
Court ruleAbbreviated rule name + numberFed. R. Civ. P. 12(b)(6)
BookAuthor, title, section/page, year§ 12.1 (1991)
Institutional workInstitution as authorEnron Corp., 2000 Annual Report
Legal serviceService abbreviation + publisherEnvtl. L. Rep. (Envtl. L. Inst.)
Restatement"Restatement" + series + subjectRestatement (Second) of Contracts
Annotation"Annotation" after authorDougherty, Annotation, Insurer's Tort Liability
Journal articleVolume + journal abbrev. + page75 Minn. L. Rev. 1339
Student piece (signed)Designation before titleNote, Group Rights in Cultural Property
Student piece (unsigned)Designation replaces authorRecent Case, 103 Harv. L. Rev. 1732
Book reviewReviewed book in parentheses(reviewing John M. Ellis, Against Deconstruction)

🔍 Common confusion: author vs. designation

  • For signed student work, the author name comes first, then the designation (Note, Comment), then the title.
    • Example: John Moustakas, Note, Group Rights in Cultural Property...
  • For unsigned student work, there is no author name; the designation begins the citation.
    • Example: Note, Computer Intellectual Property...
  • Don't confuse: the presence or absence of an author name determines whether the designation comes after the name or at the beginning.
22

§ 3-700. Books

§ 3-700 . Books

🧭 Overview

🧠 One-sentence thesis

This excerpt provides citation formatting rules for journal articles, including standard articles, student writing (both named and unsigned), book reviews, and symposia, with specific conventions for abbreviations and omissions in case names.

📌 Key points (3–5)

  • Journal article citations: Standard format includes author, title (italicized), volume number, journal abbreviation, page number, and year.
  • Student writing: Named student pieces include designation (Note, Comment, Case Note) after the author's name; unsigned pieces begin with the designation.
  • Book reviews: Include reviewer name, review title, journal citation, and parenthetical noting the book being reviewed.
  • Abbreviations in case names: Most words of eight letters or more may be abbreviated if space is saved and the abbreviation is recognizable; starred words are abbreviated only in citations, not in textual references.
  • Common confusion: The Bluebook uses contractions (e.g., Eng'r, Int'l) while ALWD Citation Manual 4th edition now allows contractions as an alternative to period-only abbreviations (e.g., Eng'r or Engr.).

📚 Standard journal article citations

📝 Basic structure

The standard format follows this pattern:

  • Author name
  • Article title (italicized)
  • Volume number
  • Journal abbreviation
  • First page
  • Pinpoint page (if applicable)
  • Year in parentheses

Example: David A. Strauss, Persuasion, Autonomy, and Freedom of Expression, 91 Colum. L. Rev. 334 (1991).

🔢 Multiple elements

  • The volume number precedes the journal abbreviation
  • Page numbers include both the starting page and any specific pinpoint citation
  • The year always appears in parentheses at the end

✍️ Student writing variations

👤 Named student writing

Named student writing: Student-authored pieces where the student's name appears in the citation, followed by a designation such as "Note," "Comment," or "Case Note."

  • The designation (Note, Comment, etc.) appears after the author's name, separated by a comma
  • Example: John Moustakas, Note, Group Rights in Cultural Property: Justifying Strict Inalienability, 74 Cornell L. Rev. 1179, 1183 n.12 (1989).
  • The format otherwise follows standard article citation rules

🔒 Unsigned student writing

  • Begins with the designation (Recent Case, Recent Development, Note) instead of an author name
  • Example: Recent Case, 103 Harv. L. Rev. 1732 (1990).
  • No author name appears anywhere in the citation
  • Don't confuse: Named vs. unsigned—if a student's name appears, it goes first; if no name, the designation goes first.

📖 Book reviews and special formats

📕 Book review citations

The format includes:

  • Reviewer's name
  • Review title (if any, italicized)
  • Journal citation information
  • Parenthetical with "reviewing" + book author + book title (italicized) + year

Example: John M. Balkin, Nested Opposition, 99 Yale L.J. 1669 (1990) (reviewing John M. Ellis, Against Deconstruction (1989)).

📋 Unsigned book reviews

  • Begin with "Book Note" instead of a reviewer name
  • Example: Book Note, Generalizing Justice, 103 Harv. L. Rev. 1384, 1389 (1990) (reviewing Lenore E. Walker, Terrifying Love: Why Battered Women Kill and How Society Responds (1989)).

🎓 Symposia and projects

  • Begin with "Symposium" or "Project" followed by the title
  • Example: Symposium, Probability and Inference in the Law of Evidence, 66 B.U. L. Rev. 377 (1986).

🔤 Abbreviation rules for case names

📏 General abbreviation principles

Abbreviation rule: Abbreviate listed words wherever they appear in a party's name within a citation; words of eight letters or more not on the standard list may also be abbreviated if substantial space is saved and the abbreviation reasonably connotes the original word.

Key distinctions:

  • In citations: Abbreviate all listed words
  • In textual sentences: Abbreviate only starred words [*], and never at the beginning of a party's name
  • Example: "Association" is starred, so it becomes "Ass'n" in both citations and text (except when starting a name in text)

🔠 Bluebook vs. ALWD differences

AspectBluebookALWD (4th ed.)
Contraction styleUses apostrophes (Eng'r, Int'l)Now allows apostrophes as alternative (Eng'r or Engr.)
EnvironmentalEnvtl. (no apostrophe)Envtl. or Env'tl
ConsistencyNo consistent patternPreviously all periods, now flexible

🔢 Plural forms

  • Add "s" to the singular abbreviation unless the list explicitly provides a plural form
  • Examples:
    • Eng'r → Eng'rs
    • Enter. → Enters.
    • Mfr. → Mfrs.

✂️ Omission rules for case names

🚫 What to omit: Articles and parties

Principle 1: Omit "the" when it is the first word of a party name, except:

  • When part of the name of an object in an in rem proceeding
  • "The King/Queen"

Example: Horn v. N.Y. Times Co. (not "The N.Y. Times Co."), but In re The N.Y. Times Co. is correct for in rem proceedings.

Principle 2: Omit subsequent actions listed after the first one when a case consolidates several actions.

Principle 3: Omit all parties after the first one listed on each side.

🏛️ What to omit: Procedural and descriptive terms

Principle 5: Procedural phrases:

  • Omit all procedural phrases other than the first
  • Reduce phrases equivalent to "on behalf of" or "for the use of" to ex rel.
  • In adversarial proceedings, omit all procedural phrases except ex rel.
  • Reduce phrases like "In the matter of" or "Petition of" to In re

Principle 6: Omit descriptive terms like "trustee," "executor," or "administrator" that describe a named party.

Example: Smith v. Jones (not "Smith v. Jones, Executor").

🗺️ What to omit: Geographic terms

Principle 7: Omit "State of" or equivalents, except when citing decisions of that state's own courts—then keep "State" and omit the state name instead.

Example: Dukakis v. Massachusetts (in federal court), but Dukakis v. Commonwealth (in Massachusetts state court).

Principle 8: Omit "City of" or equivalents, except when the phrase begins a party name.

Example: Angelo v. Common Council of Syracuse (not "City of Syracuse"), but City of Syracuse v. Angelo is correct.

Principle 9: Omit all locational phrases except those remaining after applying the "City of" rule.

Don't confuse: The rule for omitting "State of" vs. "City of"—both are omitted in the middle of names, but "City of" is kept when it begins a name, while "State of" is replaced by "State" in home-state citations.

23

§ 3-800 . Articles and Other Law Journal Writing

§ 3-800 . Articles and Other Law Journal Writing

🧭 Overview

🧠 One-sentence thesis

This excerpt provides detailed rules for abbreviating case names, reporters, courts, and other citation elements in legal writing, with the goal of creating consistent, streamlined citations.

📌 Key points (3–5)

  • Core purpose: Simplify case names by omitting unnecessary parties, procedural phrases, and descriptive terms while preserving essential identifying information.
  • Spacing and punctuation rules: Single-letter abbreviations are not separated by spaces, but longer abbreviations are; periods generally end abbreviations except for contractions and common initialisms.
  • Italics vs. underlining: Modern legal writing uses italics (not underlining) for case names, book titles, signals, and cross-references in citations.
  • Common confusion: When to omit "State of" or "City of"—the rule depends on whether you are citing the state's own courts and whether the phrase begins the party name.
  • Context matters: Short quotations (under 50 words) use quotation marks; longer quotations (50+ words) are indented without quotation marks.

✂️ Simplifying case names

✂️ Omitting parties and actions

Principle 2: Omit subsequent actions listed after the first one (when a case consolidates several different actions).

Principle 3: Omit all parties after the first one listed on each side.

  • Only the first party on each side appears in the citation.
  • If multiple actions are consolidated, list only the first action.
  • Example: Buenz v. Frontline Transp. Co., not Buenz v. Frontline Transp. Co., China Ocean Shipping Co. Ams.

🏠 In rem cases and real estate

Principle 4: In "in rem" cases: omit all items after the first one listed; omit all words other than the common street address in "in rem" cases involving real estate.

  • In rem cases involve property or status, not just two opposing parties.
  • Keep only the street address for real estate cases.
  • Example: In re 123 Court St., not In re 123 Court St., Ithaca, New York, the Car, and other chattels.

🔄 Procedural phrases

Principle 5: Treat procedural phrases as follows: omit all procedural phrases other than the first; reduce all remaining procedural phrases that are roughly equivalent to "on behalf of" or "for the use of" to ex rel.; in adversarial proceedings omit all procedural phrases other than ex rel.; reduce all remaining procedural phrases that are roughly equivalent to "In the matter of," "Petition of," and the like to In re.

  • Simplify phrases like "on behalf of" to ex rel.
  • Simplify phrases like "In the matter of" to In re.
  • Example: Vizier ex rel. Prince v. Champion, not Vizier on behalf of Prince v. Champion.
  • Example: In re Anita, not In the matter of Anita.

🧑‍⚖️ Descriptive terms for parties

Principle 6: Omit terms like "trustee," "executor," or "administrator" that described a named party.

  • These terms describe a party's role but are not part of the case name.
  • Example: Smith v. Jones, not Smith v. Jones, Executor.

🏛️ Government and organizational names

🏛️ State and Commonwealth

Principle 7: Omit "State of" or its equivalents except: when citing decisions of the courts of the state in question, in which case omit the name of the state instead and keep "State" or the equivalent term.

ContextRuleExample
Federal or other state courtOmit "State of"Dukakis v. Massachusetts
The state's own courtKeep "State" or "Commonwealth," omit the state nameDukakis v. Commonwealth
  • Don't confuse: the rule flips depending on which court issued the decision.

🏙️ City and locational phrases

Principle 8: Omit "City of" or its equivalents except: when the phrase begins a party name.

Principle 9: Omit all locational phrases except: those left following application of the prior rule about "City of" or when the omission would leave only one word in the name.

  • "City of" is omitted unless it starts the party name.
  • Other locational phrases (e.g., "of East Lansing") are omitted unless doing so would leave only one word.
  • Example: Angelo v. Common Council of Syracuse, not Angelo v. Common Council of City of Syracuse.
  • Example: Tarson v. City of Syracuse Dept. of Pub. Works, not Tarson v. Syracuse Dept. of Pub. Works (because "City of" begins the name).

🇺🇸 United States

Principle 10: Omit "of America" after "United States".

  • Example: Ivan v. United States, not Ivan v. United States of America.

👤 Individual names and business entities

👤 First names and initials

Principle 11: Omit first and middle names or initials of individuals except: when included in the name of a business; when the party's surname is abbreviated; when the party's given name follows the surname (as is true of Chinese, Korean and Vietnamese names, for example).

  • Individuals: use last name only.
  • Exceptions:
    • Business names: keep initials (e.g., Jenny Q. Jones, Inc.).
    • Abbreviated surnames: keep initials (e.g., In re Anita Q.).
    • Surname-first cultures: keep given name (e.g., Smith v. Chun Quon).
  • Example: Smith v. Jones, not Smith v. Jenny Q. Jones.

🏢 Business designations

Principle 12: Omit "Inc.," "Ltd.," "N.A.," or "F.S.B.," and similar terms if the name also contains words like "Co.," "Corp.," "R.R.," "Bros.," or "Ass'n" that indicate a business firm.

  • If the name already signals a business (e.g., "Co."), drop redundant terms like "Inc."
  • Example: Werner v. Tarson Pools Co., not Werner v. Tarson Pools Co., Ltd.

🔤 Abbreviations and spacing

🔤 Spacing between abbreviated words

Principle 1: Successive words abbreviated with a single capital letter are normally not separated from one another with a space.

Principle 2: Longer abbreviations are separated from one another and from single letter abbreviations with a space.

Principle 3: In journal titles, successive single letters that refer to an entity are separated from other single letter abbreviations with a space.

Principle 4: Numbers, including ordinal numbers (2d, 4th), are treated as single letters.

TypeSpacingExample
Single-letter abbreviationsNo spaceNRC
Longer abbreviationsSpace betweenNat. Res. Def. Council
Journal entity initialsSpace from other lettersN.Y.U. L. Rev.
NumbersTreated as single letters2d Cir.
  • Example: Natural Res. Def. Council v. NRC (space before "Res." and "Def." but not within "NRC").

🔤 Periods in abbreviations

Principle 1: In general abbreviations should end in a period.

Principle 2: However, in abbreviations that are contractions ending with an apostrophe and the last letter of the word should not be followed by a period.

Principle 3: In addition, entities that are commonly referred to by their initials may be abbreviated using those initials without periods.

  • Most abbreviations end with a period: Inc., Rev.
  • Contractions with apostrophes do not: Soc'y (not Soc'y.)
  • Common initialisms may omit periods: NRC (not N.R.C.)

🎨 Italics and underlining

🎨 What to italicize in citations

The following citation elements should be italicized:

  • Case names (including procedural phrases)

  • Book titles

  • Titles of journal articles

  • Introductory signals used in citation sentences or clauses

  • Prior or subsequent history explanatory phrases

  • Words or phrases attributing one cited authority to another source

  • The cross reference words: "id.," "supra," and "infra"

  • Punctuation that is part of the italicized element is also italicized.

  • Punctuation separating elements from other parts of the citation is not italicized.

  • Don't confuse: italics have replaced underlining in modern legal writing (typewriters required underlining).

🎨 What to italicize in text

The following should be italicized in the text of a brief or legal memorandum:

  • References to titles or case names in the text without full citation
  • Foreign words that have not been assimilated into lawyer jargon
  • Quoted words that were italicized in the original
  • Emphasized words

🎨 What not to italicize

The following should not be italicized:

  • Constitutions
  • Statutes
  • Restatements
  • Names of reporters and services
  • Names of journals
  • Rules
  • Regulations
  • Other administrative materials

📝 Quotations and citation placement

📝 Short vs. long quotations

Principle 1: Short quotations (fewer than 50 words) are generally enclosed in quotation marks. Any quotation marks within such a quote are converted to a single mark (').

Principle 2: Longer quotations (50 words or more) and shorter quotations to which the author wishes to give special emphasis are set off from the text by being indented both right and left (without quotation marks).

Quotation lengthFormatQuotation marks?
Under 50 wordsInlineYes (double marks)
50+ wordsIndented blockNo
  • Short quotations: use double quotation marks; nested quotes use single marks.
  • Long quotations: indent left and right; no quotation marks.

📝 Citation placement

Principle 3: Both forms of quotation are followed immediately by a citation to the quoted work. (With an indented quotation the citation is not part of the indented material, but begins flush with the left margin.) When the quoted work itself includes a quotation, that quotation should if possible be attributed to the original work in a parenthetical clause. And when that quotation shows alterations or omissions that should be indicated with the parenthetical clause "(alteration in original)".

  • Citations follow immediately after the quotation.
  • For indented quotations, the citation starts at the left margin (not indented).
  • If the quoted work contains a quotation, attribute it to the original source in a parenthetical.
  • Indicate alterations or omissions in nested quotations with "(alteration in original)".

📝 Showing changes to quotations

Principle 4: Changes to a quoted work are shown with square brackets and ellipses (" . . . "). When omitted material comes at the beginning of a quotation the omission is shown by capitalizing the first letter of the first quoted word and placing that letter in brackets rather than with ellipses. Changes in emphasis and omissions of citations or footnotes are indicated by parenthetical clauses.

  • Use square brackets for changes: [T]he court held...
  • Use ellipses for omissions: "The court . . . held that . . ."
  • Beginning omissions: capitalize and bracket the first letter instead of using ellipses.
  • Emphasis changes and citation omissions: note in a parenthetical (e.g., "(emphasis added)").
24

§ 4-100 . Words in Case Names

§ 4-100 . Words in Case Names

🧭 Overview

🧠 One-sentence thesis

Short form citations allow subsequent references to previously cited authorities to be less complete, provided the reader can easily return to the full citation and the short form clearly identifies the work.

📌 Key points (3–5)

  • When to use short forms: after a full citation has been provided, subsequent references within the same discussion can be abbreviated.
  • Core requirement: the short form must clearly identify the referenced work and only be used where the reader can easily find the full citation.
  • Common confusion: do NOT use a governmental or other common litigant's name (e.g., "United States") as the short form name in case citations.
  • Context matters: use "id." for the immediately preceding authority; use "supra" for earlier authorities that are not immediately preceding.
  • Parallel citations: when the full citation includes parallel reporters, include both in the short form.

📚 General principles of short form citations

📚 What short forms are

Short form citation: a less complete citation used after a full citation has been provided, which must clearly identify the referenced work.

  • Short forms are not standalone; they depend on an earlier full citation.
  • The reader must be able to easily return to the full citation from the short form.
  • Example: After citing Brown v. Helvering, 291 U.S. 193, 203 (1934), you may later write Brown, 291 U.S. at 203.

🎯 When short forms are appropriate

  • Use them only "within the same discussion" after the full citation appears.
  • The excerpt emphasizes that short forms should only be used "where the reader will find it easy to return to the full citation."
  • Don't confuse: a short form is not a replacement for the full citation; it is a convenience tool for repeated references.

⚖️ Short form citations for cases

⚖️ Basic case short forms

The excerpt provides three acceptable short forms after a full case citation:

Full CitationShort Form Options
Brown v. Helvering, 291 U.S. 193, 203 (1934)Brown, 291 U.S. at 203
291 U.S. at 203
Id. at 203
  • The short form should include "an identifiable portion of the case name" unless the name appears in the text or the citation immediately follows the full citation (making "id." appropriate).

🚫 Avoid common litigant names

  • Key rule: Do NOT use the name of a governmental or other common litigant as the short form name.
  • Example from the excerpt:
    • Full citation: United States v. Wilson, 503 U.S. 329 (1992).
    • Correct short form: Wilson, 503 U.S. at 334-36.
    • Incorrect: United States, 503 U.S. at 334-36.
  • Why: "United States" (or similar common parties) does not clearly identify which case you mean, since many cases involve the same party.

📖 Parallel citations in short forms

When the full citation includes parallel reporters (e.g., state cases with both official and regional reporters), include both in the short form:

  • Full citation: Hansen v. Ohio Cas. Ins. Co., 239 Conn. 549, 687 A.2d 1262 (1995).
  • Short forms:
    • Hansen, 239 Conn. at 551, 687 A.2d at 1269.
    • 239 Conn. at 551, 687 A.2d at 1269.
    • Id. at 551, 687 A.2d at 1269.

📜 Short forms for other authorities

📜 Constitutions and statutes

  • Constitutions: typically use "id." for subsequent references.
    • Full: U.S. Const. art. III, § 2, cl. 2.
    • Short: Id.
  • Statutes: may use the section number alone, the act name with section, or the section with the Statutes at Large citation.
    • Full: 42 U.S.C. § 405(c)(2)(C) (2013).
    • Short forms: 42 U.S.C. § 405(c)(2)(C) or § 405(c)(2)(C).
  • Session laws: use the bill number.
    • Full: H.R. 3957, 101st Cong., 2d Sess. 2 (1990).
    • Short: H.R. 3957.

📜 Regulations

  • Full: 46 C.F.R. § 292 (2012).
  • Short forms: 46 C.F.R. § 292 or § 292.
  • For Federal Register citations, use the title and register citation.

📚 Books and journal articles

  • Books: use "id." if the authority is the immediately preceding one; use "supra" if not.
    • Full: E. Allen Farnsworth, Contracts § 9.3 (1982).
    • Short forms: Id. or Id. § 9.4 (if referring to a different section).
    • If not immediately preceding: Farnsworth, supra or Farnsworth, supra at [page].
  • Journal articles: same rule—use "id." for immediately preceding, "supra" otherwise.
    • Full: Stephen J. Legatzke, Note, The Equitable Recoupment Doctrine in United States v. Dalm: Where's the Equity, 10 Va. Tax Rev. 861 (1991).
    • Short forms: Id., Id. at 862, Legatzke, supra, or Legatzke, supra at 862.

🔄 Choosing between "id." and "supra"

🔄 When to use "id."

  • Use "id." (Latin for "the same") when referring to the immediately preceding authority.
  • Example: If your last citation was Brown, 291 U.S. at 203, and you cite it again right after, use Id. at [new page].

🔄 When to use "supra"

  • Use "supra" (Latin for "above") when referring to an authority that is not the immediately preceding one.
  • Example: If you cited Farnsworth's book earlier, then cited another source, and now want to cite Farnsworth again, use Farnsworth, supra.
  • Don't confuse: "supra" does not mean "any earlier citation"; it means "an earlier citation that is not the one right before this."
25

§ 4-200 . Case Histories

§ 4-200 . Case Histories

🧭 Overview

🧠 One-sentence thesis

These case excerpts illustrate how courts distinguish public fora from non-public spaces, balance First Amendment rights against government interests, and interpret statutory authority in regulatory contexts.

📌 Key points (3–5)

  • Public forum doctrine: Not all publicly accessible spaces are public fora; location, historical use, and purpose matter in determining whether First Amendment protections apply.
  • Common confusion: Rail terminals vs. air terminals—rail stations historically served as community meeting places because they were centrally located, but airports are geographically isolated and do not function the same way.
  • Content-neutral regulations: Even in public fora, governments may impose reasonable, narrowly tailored restrictions that serve significant interests and leave alternative communication channels open.
  • Victim compensation statutes: Laws like section 632-a serve multiple purposes beyond compensation—they preserve victims' equitable rights to assets earned from crimes and prioritize victim claims over criminal profits.
  • Statutory interpretation: Interim regulatory authority depends on the existence of plenary (complete) authority; when statutes divide authority between branches, implied powers cannot be assumed.

🏛️ Public forum analysis

🚉 Why airports are not public fora

The excerpt explains that Port Authority air terminals do not qualify as public fora for several reasons:

  • Geographic isolation: Unlike rail terminals in city centers, airports are not "a sidewalk's width away" from the rest of the community.
  • Functional difference: People meet at Grand Central Terminal "under the golden clock" regardless of travel plans; no one arranges to meet at an airport without intending to fly.
  • Historical context: Even rail terminals' status as public fora is questionable—they were privately owned, and any solicitation occurred "at the pleasure of the private entities."

The excerpt emphasizes that alleged historical roles of rail terminals are irrelevant because the physical and social context of airports is fundamentally different.

🚫 Common confusion: Location matters

Don't confuse publicly accessible spaces with public fora:

FeatureRail terminals (historical)Air terminals
LocationCity centerGeographically isolated
Community functionMeeting place for daily businessOnly for travelers
Access contextIntegrated into urban fabricSeparate from community

Example: Two people in Midtown Manhattan might meet at Grand Central without taking a train, but would never meet at an airport without flight plans.

⚖️ First Amendment regulation

📋 Content-neutral restrictions

Even in public fora, the government may regulate First Amendment activity if restrictions are:

  1. Content-neutral (not based on message)
  2. Reasonable
  3. Narrowly tailored to serve significant governmental interests
  4. Leave open ample alternative channels of communication

The Port Authority's restriction of solicitation and literature distribution to sidewalks adjacent to terminal buildings satisfies this test.

🚶 Disruption concerns

The excerpt notes that literature distribution affects pedestrian flow:

  • Air passengers must alter their path to avoid distributors
  • They may pause to take literature, stop to read it, or find a wastebin
  • Plaintiffs themselves concede that "literature distribution . . . might well be as disruptive to a traveller 'hurrying to catch a plane or to arrange ground transportation' as a request for a voluntary donation"

🔄 Multiplier effect

"The inquiry must not only involve ISKCON, but all other organizations that would be entitled to distribute, sell or solicit if the . . . rule may not be enforced with respect to ISKCON."

If one organization gains the right to engage in such activity, all others would have the same right, compounding the disruption.

💰 Victim compensation law

🎯 Multiple purposes of section 632-a

The excerpt explains that section 632-a serves more than just compensation:

Primary purposes:

  • Compensate victims
  • Preserve victims' equitable right to assets earned by criminals from the victimization
  • Ensure victims and the state (which aids victims) have first claim to criminal profits before the criminal benefits

🔍 When the statute applies

The statute has a built-in limitation:

"If there is no victim a necessary requirement for implementation of the statute is lacking, section 632-a does not apply and the criminal may discuss the crime without restraint."

Examples from the excerpt:

  • Does not apply: Prostitution (victimless crime), securities fraud based on leaking market information
  • Does apply: Cases with identifiable victims (Simon & Schuster v. Fischetti, McCann v. Scaduto)

⚖️ Priority principle

When criminals profit from reenactment or depiction of crimes:

  1. Victims who were injured should be compensated first
  2. The State, which rendered aid to victims, has a claim
  3. The criminal should not benefit before victims are made whole

Don't confuse this with censorship: the statute only applies when there are victims and the criminal profits from the crime narrative.

🏢 Regulatory authority interpretation

📜 Plenary vs. divided authority

The excerpt distinguishes two statutory schemes:

Natural Gas ActFlood Control Act of 1944 § 5
Vests plenary (complete) ratemaking authority in one body (Federal Power Commission)Divides rate authority between two separate branches of government
Interim authority follows naturally under "necessary and proper" clauseNo plenary authority exists; interim authority cannot be implied

❌ Flawed reasoning

The government's argument fails because:

"Such a holding necessarily depends upon the existence of a plenary authority. In this case the rate developer has none."

The government "assumes the validity of their conclusion even before the process of deduction has begun"—it presumes the Secretary has interim authority without establishing the prerequisite plenary authority.

🧩 Key principle

Interim regulatory authority is an implied power that flows from plenary authority; when a statute deliberately divides authority, courts cannot infer powers that would reunify what Congress separated.

Example: Tennessee Gas established that interim authority follows from plenary authority, but that precedent does not apply when the statute itself splits authority between branches.

26

§ 4-300. Omissions in Case Names

§ 4-300 . Omissions in Case Names

🧭 Overview

🧠 One-sentence thesis

This section provides cross-references to The Bluebook rules governing which words should be omitted when citing case names, ensuring proper abbreviation and formatting in legal citations.

📌 Key points (3–5)

  • Purpose: directs users to the specific Bluebook rules that explain what words to leave out of case names in citations.
  • Primary rules: points to Rule 10.2.1 (general rules for case names) and Rule 10.2.2 (additional rules for citations).
  • Reference tables: includes Table 6 (case names and institutional authors) and Table 10 (geographical terms).
  • Common confusion: omission rules differ from abbreviation rules—some words are dropped entirely, while others are shortened; both sets of rules must be consulted together.

📚 Cross-reference structure

📚 What this section contains

  • This is a cross-reference table entry, not a substantive rule itself.
  • It maps the topic "Words Omitted in Case Names" (§ 4-300) to the corresponding sections in The Bluebook, 19th edition.
  • Users working from this introductory guide can locate the detailed treatment in The Bluebook by following these pointers.

🔗 The referenced Bluebook sections

The excerpt directs readers to:

Bluebook sectionWhat it covers
Rule 10General case citation format
Rule 10.2.1General rules for case names
Rule 10.2.2Additional rules for case names in citations
Table 6 (T6)Case names and institutional authors in citations
Table 10 (T10)Geographic terms
  • Rule 10.2.1 provides baseline guidance on how to format party names.
  • Rule 10.2.2 adds citation-specific rules, including which words to omit.
  • Table 6 lists institutional author names and standard abbreviations.
  • Table 10 covers geographical term abbreviations and omissions.

🧩 How omission rules fit into case citation

🧩 Omission vs abbreviation

  • Omission: certain words are dropped entirely from the case name.
  • Abbreviation: other words are shortened (covered in § 4-100, which cross-references Rule 10.2.1, 10.2.2, T6, and T10).
  • Don't confuse: both processes apply to the same case name—first omit unnecessary words, then abbreviate what remains.

📖 Example scenario

Example: A case name in full might be "The State of California Department of Transportation v. John Doe and Jane Roe." Citation rules would:

  1. Omit words like "The" and "and Jane Roe" (per omission rules).
  2. Abbreviate remaining words like "Department" → "Dep't" and "Transportation" → "Transp." (per abbreviation rules).
  3. Result: California Dep't of Transp. v. Doe.

(Note: this example uses generic placeholders; the excerpt does not provide specific case names.)

🗂️ Context within the larger guide

🗂️ Part of a cross-reference system

  • The excerpt is from § 7-300, a comprehensive cross-reference table linking this introductory guide to The Bluebook.
  • § 4-300 is one entry in a series covering case name formatting:
    • § 4-100: Words abbreviated in case names
    • § 4-200: Words used in case histories
    • § 4-300: Words omitted in case names
  • This structure allows users to look up a specific citation issue and find the authoritative Bluebook rule quickly.

🧭 Related sections

  • § 2-210 (Case Citations – Most Common Form) also cross-references Rule 10 and its subsections, covering the full citation format.
  • § 4-400 through § 4-700 provide additional cross-references for reporters, courts, territorial abbreviations, months, and journals.
  • Together, these entries form a roadmap for practitioners and students moving from basic citation principles to detailed Bluebook rules.
27

§ 4-400 . Reporters and Courts

§ 4-400 . Reporters and Courts

🧭 Overview

🧠 One-sentence thesis

This section provides cross-references between the topics covered in "Introduction to Basic Legal Citation" and their corresponding treatment in the ALWD Citation Manual.

📌 Key points (3–5)

  • Purpose: The section is a navigational tool linking citation principles in this introductory work to detailed coverage in the ALWD Citation Manual.
  • Structure: It mirrors § 7-300's approach but references ALWD instead of The Bluebook.
  • Scope: Covers all major categories of legal materials—cases, statutes, constitutions, regulations, agency materials, and electronic sources.
  • Common confusion: This is not substantive instruction on citation rules; it is a reference table for finding where each topic is explained in ALWD.

📚 What this section does

📚 Cross-reference function

This section furnishes point-by-point cross-references to the ALWD Citation Manual for each citation principle or category of material covered in "Introduction to Basic Legal Citation."

  • The section does not teach citation rules itself.
  • Instead, it directs users to the relevant pages or rules in ALWD where each topic is explained in detail.
  • Example: If you are learning about case citations in this introductory work (§ 2-210), this table tells you where to find the corresponding ALWD treatment.

🗺️ Companion to § 7-300

  • § 7-300 provides cross-references to The Bluebook.
  • § 7-400 provides cross-references to the ALWD Citation Manual.
  • Users can choose whichever citation manual they are working from and find the relevant detailed treatment.

🧩 Coverage of legal materials

🧩 Primary law sources

The cross-reference table addresses the most frequently cited categories:

CategoryExample sections referenced
Cases§ 2-210 (most common form), § 2-220 (variants), § 2-230 (medium-neutral citations), § 2-240 (conditional items)
Statutes§ 2-320 (most common form), § 2-340 (variants and special cases)
Constitutions§ 2-310
Regulations§ 2-410 (most common form), § 2-420 (variants)
  • Each of these sections in the introductory work has a corresponding entry in the ALWD Manual.
  • The table enables users to move seamlessly from the beginner-friendly overview to the authoritative detailed guide.

🧩 Secondary and specialized sources

The table also covers:

  • Electronic sources (§ 2-110): Internet, commercial databases, CD-ROM, and other electronic storage media.
  • Local ordinances (§ 2-350).
  • Treaties (§ 2-360).
  • Agency materials: adjudications (§ 2-450), reports (§ 2-470), executive orders and proclamations (§ 2-480), attorney general opinions (§ 2-490).

🧩 Don't confuse with substantive rules

  • This section does not explain how to cite a case or statute.
  • It only tells you where to look in ALWD for those explanations.
  • Example: § 2-210 in the introductory work covers "Case Citations – Most Common Form"; the cross-reference table points you to the ALWD rules that elaborate on that topic.

🔗 Relationship to the broader citation guide

🔗 Part of § 7-000 Cross Reference Tables

  • § 7-000 introduces the cross-reference tables as a whole.
  • § 7-100 explains that the introductory work's principles are elaborated in two widely used citation manuals: The Bluebook and ALWD.
  • § 7-200 tracks significant changes in recent editions of The Bluebook.
  • § 7-300 provides Bluebook cross-references.
  • § 7-400 provides ALWD cross-references (this section).
  • § 7-500 offers state-by-state citation examples and notes divergences from national guides.

🔗 Why two manuals are referenced

  • U.S. law schools and practitioners use both The Bluebook and the ALWD Citation Manual.
  • The introductory work is designed to be compatible with either.
  • By providing parallel cross-reference tables, users can work with whichever manual their institution or jurisdiction prefers.

🔗 State-specific variations

  • § 7-500 complements this section by noting where individual states diverge from the "national" citation guides.
  • Example: A state may have its own preferred format for citing cases, statutes, or regulations that differs from ALWD or Bluebook norms.
  • Don't confuse: § 7-400 points to ALWD's general rules; § 7-500 highlights state-specific exceptions.

🎯 How to use this section

🎯 Step-by-step navigation

  1. Identify the citation topic you are working on (e.g., case citations, statute citations).
  2. Find the corresponding section number in the introductory work (e.g., § 2-210 for case citations).
  3. Look up that section number in the § 7-400 cross-reference table.
  4. The table will direct you to the relevant ALWD rule or page.
  5. Consult the ALWD Manual for detailed instructions.

🎯 Example scenario

  • You are learning how to cite a federal regulation.
  • The introductory work covers this in § 2-410 ("Regulation Citations – Most Common Form").
  • You consult § 7-400 and find the ALWD cross-reference for § 2-410.
  • You then turn to the specified ALWD rule for comprehensive guidance on federal regulation citations.

🎯 Don't confuse with learning the rules

  • This section is a map, not a lesson.
  • It does not replace reading the ALWD Manual; it helps you find the right place in it.
  • For substantive instruction, you must consult the ALWD Manual itself or the introductory work's explanatory sections.
28

§ 4-500 . States

§ 4-500 . States

🧭 Overview

🧠 One-sentence thesis

The excerpt provides cross-reference information directing users to The Bluebook's Table 10 for territorial abbreviations used in legal citations.

📌 Key points (3–5)

  • What this section does: it maps a topic from Introduction to Basic Legal Citation to the corresponding section in The Bluebook.
  • The topic covered: territorial abbreviations (§ 4-500).
  • Where to find it in The Bluebook: Table 10 (Geographic Terms).
  • Common confusion: this is a cross-reference table entry, not a substantive explanation of how to abbreviate states or territories.

📚 Purpose of the cross-reference

📚 What this excerpt is

The excerpt is part of a larger cross-reference table (§ 7-300) that helps users of Introduction to Basic Legal Citation locate the same topics in The Bluebook: A Uniform System of Citation (19th edition).

  • It does not teach citation rules directly.
  • It serves as a navigation aid between two citation manuals.

🗺️ The specific mapping

The entry states:

§ 4-500. Territorial Abbreviations
o The Bluebook: T10 Geographic Terms

  • § 4-500 is the section number in Introduction to Basic Legal Citation.
  • T10 Geographic Terms is the corresponding table in The Bluebook.
  • "Territorial Abbreviations" refers to standardized short forms for states, territories, and other geographic entities used in legal citations.

🔍 Context from the surrounding material

🔍 Other related cross-references

The excerpt shows that § 4-500 is one entry in a series of cross-references for abbreviation and formatting topics:

Topic in Introduction to Basic Legal CitationCorresponding Bluebook reference
§ 4-100. Words Abbreviated in Case NamesRule 10, 10.2.1, 10.2.2, T6, T10
§ 4-200. Words Used in Case HistoriesT8 Explanatory Phrases
§ 4-300. Words Omitted in Case NamesRule 10, 10.2.1, 10.2.2, T6
§ 4-400. Reporters and CourtsT1 United States Jurisdictions
§ 4-500. Territorial AbbreviationsT10 Geographic Terms
§ 4-600. MonthsT12
  • All of these fall under a broader category of abbreviation and formatting conventions.
  • § 4-500 specifically deals with geographic abbreviations, not case names or dates.

📖 What The Bluebook Table 10 contains

Although the excerpt does not describe the contents of T10, it identifies it as "Geographic Terms."

  • This table provides standardized abbreviations for states, territories, countries, and other geographic entities.
  • Example use case: when citing a court or jurisdiction, you need to abbreviate the state name according to The Bluebook conventions.

⚠️ What this excerpt does NOT provide

⚠️ No substantive citation rules

  • The excerpt does not explain how to abbreviate states or territories.
  • It does not list the abbreviations themselves.
  • It only tells you where to look in The Bluebook for that information.

⚠️ Don't confuse with other abbreviation topics

  • § 4-100 covers abbreviations within case names (e.g., "Corp." for "Corporation").
  • § 4-500 covers abbreviations for geographic locations (e.g., "Cal." for "California").
  • These are distinct categories with different tables in The Bluebook.
29

§ 4-600 . Months

§ 4-600 . Months

🧭 Overview

🧠 One-sentence thesis

This section provides the standard abbreviations for months used in legal citations, as governed by The Bluebook Table 12.

📌 Key points (3–5)

  • What this section covers: abbreviations for the names of months in legal citation format.
  • Where the rules come from: The Bluebook, specifically Table 12 (T12).
  • Purpose: ensures consistency in how dates are abbreviated in citations across legal documents.
  • Common confusion: this is a reference table section, not a substantive rule—it points to the authoritative abbreviation list rather than explaining citation logic.

📚 Reference structure

📚 What § 4-600 provides

  • This section is part of a larger citation manual (likely ALWD or a similar guide).
  • It cross-references The Bluebook: T12 for the actual abbreviation standards.
  • The section number (§ 4-600) places it in a series of reference tables:
    • § 4-100 through § 4-500 cover other abbreviation topics (case names, court names, territorial abbreviations).
    • § 4-600 specifically addresses months.

🔗 Cross-reference to The Bluebook

The Bluebook: T12

  • T12 is a table in The Bluebook that lists month abbreviations.
  • The excerpt does not reproduce the abbreviations themselves; it only directs the user to consult T12.
  • Example use case: when citing a document dated "January 15, 2020," the writer must abbreviate "January" according to T12 standards.

🗓️ Context and use

🗓️ When month abbreviations matter

  • Legal citations often include dates (e.g., case decisions, statute enactments, document filings).
  • Consistency in abbreviation format is required for professional legal writing.
  • This section ensures that all months follow the same abbreviation rules, avoiding variations like "Jan." vs. "Jan" vs. "Janu."

🧭 How this fits into the manual

  • The excerpt shows § 4-600 is part of a comprehensive citation guide covering:
    • Electronic sources (§ 2-110)
    • Case citations (§ 2-210, § 2-220, § 2-230, § 2-240)
    • Statutes, regulations, and administrative materials (§ 2-310 through § 2-490)
    • Books and journal articles (§ 2-710 through § 2-820)
    • Abbreviation tables (§ 4-100 through § 4-600)
  • § 4-600 is a reference table, not a rule section—it supports the citation rules by standardizing abbreviations.

⚠️ What this section does NOT contain

⚠️ No substantive content in the excerpt

  • The excerpt provides only the section title and the Bluebook cross-reference.
  • It does not list the actual month abbreviations (e.g., Jan., Feb., Mar.).
  • It does not explain when to abbreviate months vs. spell them out in full.
  • To use this section, the reader must look up The Bluebook Table 12 separately.

🔍 Don't confuse with other abbreviation sections

  • § 4-100: abbreviations for words in case names (e.g., "Association" → "Ass'n").
  • § 4-200: abbreviations for case history phrases (e.g., "affirmed" → "aff'd").
  • § 4-500: abbreviations for territorial names (e.g., states, countries).
  • § 4-600: abbreviations specifically for months only.
30

§ 4-700 . Journals

§ 4-700 . Journals

🧭 Overview

🧠 One-sentence thesis

The excerpt does not contain substantive content about journals; it consists only of unrelated legal case excerpts and a reference to cross-reference tables for citation manuals.

📌 Key points (3–5)

  • The title "§ 4-700 . Journals" suggests the section should address legal journal citation, but no such content appears in the excerpt.
  • The excerpt includes three unrelated legal case discussions: crime victim compensation, federal ratemaking authority, and tribal trust duties.
  • The only citation-related material is a brief mention of cross-reference tables to The Bluebook and ALWD Citation Manual at the end.
  • Common confusion: the title and content are mismatched—readers expecting journal citation rules will not find them here.

📄 What the excerpt actually contains

📄 Legal case excerpts (not about journals)

The bulk of the excerpt consists of three separate legal arguments:

  • Crime victim compensation: discusses whether criminals who profit from depicting their crimes should compensate victims before keeping proceeds.
  • Federal ratemaking authority: argues that interim rate authority requires plenary (full) authority vested in one body, which the Flood Control Act does not provide because it divides authority between two branches.
  • Tribal self-determination and trust duties: counters a government argument that federal policy favoring tribal self-determination weakens federal trust obligations to tribes.

Don't confuse: these excerpts are sample legal arguments or adapted briefs, not instructional content about how to cite journals.

📚 Cross-reference tables mention

The final paragraph (§ 7-100) states:

This concluding segment contains a set of point by point cross-references to those books. Tables set out in subsequent sections have been designed to enable users of this introduction to find the relevant treatment of each citation principle or category of material covered here in either The Bluebook (§ 7-300) or the ALWD Citation Manual (§ 7-400).

  • This indicates the excerpt is from a larger work on legal citation.
  • The cross-reference tables are mentioned but not shown in the excerpt.
  • No specific guidance on journal citation appears.

🚫 Missing content

🚫 No journal citation rules

Despite the section title "§ 4-700 . Journals," the excerpt provides:

  • No definitions of what constitutes a legal journal or law review.
  • No formatting rules for journal citations (author names, article titles, volume numbers, page numbers, dates).
  • No examples of properly formatted journal citations.
  • No guidance on distinguishing journals from other periodicals or how to handle special cases (student notes, symposia, online journals).

Why this matters: readers seeking to learn how to cite journals in legal writing will need to consult the actual § 4-700 section or the referenced citation manuals (The Bluebook or ALWD Citation Manual), as this excerpt does not fulfill the section's apparent purpose.

31

§ 4-800 . Spacing and Periods

§ 4-800 . Spacing and Periods

🧭 Overview

🧠 One-sentence thesis

The excerpt does not contain substantive content about spacing and periods in legal citation; it consists only of unrelated legal case excerpts and a cross-reference table introduction.

📌 Key points (3–5)

  • The excerpt's title suggests it should address spacing and periods in citation formatting, but no such content appears.
  • The text includes three unrelated legal case excerpts discussing crime victim compensation, federal ratemaking authority, and tribal trust duties.
  • The only citation-related content is a brief introduction to cross-reference tables pointing to The Bluebook and ALWD Citation Manual.
  • Common confusion: the title does not match the content—readers expecting formatting rules will find only case law excerpts and a table-of-contents fragment.

📄 Content analysis

📄 What the excerpt contains

The source material includes:

  • Legal case excerpts: three adapted passages from court opinions and briefs discussing substantive legal issues (victim compensation statutes, federal power commission authority, and tribal self-determination).
  • Cross-reference introduction: a short paragraph (§ 7-100) explaining that citation principles are detailed in two widely-used legal citation manuals.
  • No formatting rules: despite the title "Spacing and Periods," the excerpt provides no guidance on how to use spaces or periods in legal citations.

⚠️ Missing expected content

  • The title § 4-800 implies this section should teach specific formatting conventions (e.g., spacing after periods, abbreviation punctuation, or spacing in case names).
  • None of the three case excerpts address citation formatting.
  • The cross-reference note mentions that principles are "elaborated in far greater specificity" elsewhere but does not describe any spacing or period rules itself.

🔍 Cross-reference note

🔍 What § 7-100 states

"The principles and practices described in this Introduction to Basic Legal Citation are elaborated in far greater specificity (and with differences noted throughout this work) in two citation references widely used in U.S. law schools."

  • The excerpt identifies two authoritative citation manuals: The Bluebook (§ 7-300) and the ALWD Citation Manual (§ 7-400).
  • It indicates that subsequent sections contain "point by point cross-references" to enable users to find relevant treatment in either manual.
  • This is a navigational aid, not a substantive explanation of spacing or period usage.

🗺️ Purpose of cross-reference tables

  • The tables are designed to help users locate the same citation principle in different manuals.
  • Example: a reader learning a rule in this introduction can use the tables to find the corresponding section in The Bluebook or ALWD.
  • The excerpt does not provide the actual tables or any specific cross-references for spacing and periods.

📋 Summary

📋 Substantive gap

  • Expected: rules for spacing (e.g., between case name elements, after abbreviations) and period usage (e.g., in abbreviations, at the end of citations).
  • Provided: unrelated case law excerpts and a brief note about where to find detailed citation rules.
  • Readers seeking formatting guidance must consult the referenced manuals; this excerpt does not fulfill the promise of its title.
32

§ 4-900 . Documents from Earlier Stages of a Case

§ 4-900 . Documents from Earlier Stages of a Case

🧭 Overview

🧠 One-sentence thesis

The excerpt does not contain substantive content about documents from earlier stages of a case; instead, it presents three unrelated legal arguments and a cross-reference introduction to citation manuals.

📌 Key points (3–5)

  • Excerpt structure: the text includes three separate legal arguments (crime victim compensation, federal ratemaking authority, and tribal trust duties) followed by a brief introduction to citation cross-reference tables.
  • No thematic connection: none of the arguments or the citation introduction relate to the stated title about documents from earlier case stages.
  • Common confusion: the title suggests procedural rules about using prior case documents, but the excerpt contains substantive legal arguments on unrelated topics.
  • Citation manual reference: the final paragraph introduces cross-reference tables to The Bluebook and ALWD Citation Manual for detailed citation rules.

📄 Crime victim compensation argument

💰 Core claim

The argument distinguishes between victimless crimes (where criminals may discuss the crime freely) and crimes with victims (where victims and the state should have first claim to any profits the criminal makes from depicting the crime).

🔍 Victimless vs victim crimes

  • Victimless crimes: prostitution and certain securities fraud cases are cited as examples where criminals may discuss the crime without restraint.
  • Crimes with victims: if victims exist and the criminal profits from reenacting or depicting the crime, victims who were injured and the state that aided them should be compensated before the criminal.
  • Example: a criminal writes a book about a violent crime—victims should receive compensation from the book profits before the criminal keeps any money.

📚 Source and context

  • The argument is adapted from McCann v. Scaduto, 71 N.Y.2d 164, 182-183 (1987).
  • It compares multiple cases to illustrate the victimless/victim distinction.

⚡ Federal ratemaking authority argument

🏛️ Plenary vs divided authority

Plenary ratemaking authority: full and complete power to set rates, vested in one body.

  • The Natural Gas Act vests plenary ratemaking authority in the Federal Power Commission.
  • The Supreme Court in Tennessee Gas held that interim rate authority follows naturally from plenary authority under a "necessary and proper" clause.

🚫 Why interim authority fails here

  • Key distinction: the Flood Control Act of 1944, section 5, divides rate authority and vests it in two separate branches of government.
  • The government's argument assumes the Secretary has plenary authority, but the statute does not grant it.
  • Don't confuse: interim authority is valid only when there is underlying plenary authority; divided authority schemes do not support interim powers.

📊 Case comparisons

CaseHoldingReason
Tennessee GasInterim authority validPlenary authority existed under Natural Gas Act
Montana Power and Pacific PowerAdopted government's approachCriticized in this argument
Colorado River EnergyCorrectly relied on Tennessee GasSection 9(c) of Reclamation Project Act gave Secretary plenary authority

📝 Source

  • Adapted from Respondent's Brief in United States v. Navajo Nation, No. 01-1375 (Oct. 9, 2002).

🪶 Tribal trust duties argument

🎯 Central claim

The federal policy favoring tribal self-determination does not dilute or compromise the government's trust duties to tribes.

🔄 Government's shifting characterization

  • The government's brief transforms tribal self-determination from a "focus" of the Indian Mineral Leasing Act (IMLA) to its "central aim" within 20 pages.
  • The excerpt contrasts this with Kerr-McGee, 471 U.S. at 200, which does not support that characterization.

🛡️ Federal approval requirement

  • The government repeatedly claims (without citation) that federal approval of Indian land transactions provides only "backstop protection."
  • The excerpt contrasts this with Tuscarora, 362 U.S. at 118-19, and Sunderland, 266 U.S. at 234, which do not support the "backstop" characterization.

📜 Rejected argument

  • The government unsuccessfully asserted in Mitchell II that the federal policy favoring Indian self-determination compromises trust duties.
  • The argument states this claim "has gained no force in the intervening 20 years."

📚 Citation manual cross-reference

📖 Purpose

The final paragraph introduces a concluding segment containing point-by-point cross-references to two widely used citation manuals in U.S. law schools.

🔗 Referenced manuals

  • The Bluebook (cross-references in § 7-300)
  • ALWD Citation Manual (cross-references in § 7-400)

🗺️ Function

Tables in subsequent sections enable users of the introduction to find relevant treatment of each citation principle or category of material in either manual.

33

§ 5-100 . In Citations

§ 5-100 . In Citations

🧭 Overview

🧠 One-sentence thesis

This excerpt provides illustrative legal arguments and case citations but does not present a unified substantive rule or conclusion—it consists of disconnected passages adapted from different briefs and opinions.

📌 Key points (3–5)

  • Victim compensation principle: When a criminal profits from depicting their crime, victims and the state should have first claim to that money before the criminal.
  • Interim rate authority distinction: An interim ratemaking authority naturally follows from a plenary (full) authority, but cannot be inferred when rate authority is divided between two branches.
  • Tribal self-determination vs. trust duties: Federal policy favoring tribal self-determination does not dilute or compromise the government's trust duties to tribes.
  • Common confusion: The excerpt is not a single coherent legal rule—it is a collection of adapted arguments from different cases on unrelated topics.

💰 Victim compensation from criminal profits

💰 The basic principle

When there are victims and the criminal profits from reenactment or depiction of the crime, the victims who have been injured by the criminal act, and the State, which has been called upon to render aid to those victims, should have the first claim to that money.

  • The rule applies only when:
    • The crime has victims (not victimless crimes like prostitution or certain securities fraud).
    • The criminal profits specifically from reenacting or depicting the crime.
  • Victims should be compensated before the criminal receives any proceeds.

🔍 When the rule does not apply

  • Victimless crimes: The criminal may discuss the crime without restraint.
  • Examples cited:
    • Prostitution was treated as a victimless crime in one case.
    • Securities fraud based on leaking market information was also treated as victimless in another case.
  • Don't confuse: The restriction is not on all speech about crime, only on profits from depicting crimes with victims.

⚡ Interim rate authority in ratemaking

⚡ The core reasoning

  • Most modern ratemaking statutes vest plenary (full) ratemaking authority in one body.
  • An interim rate authority follows naturally from plenary authority under a "necessary and proper" clause (as held in Tennessee Gas).
  • Key distinction: This inference depends on the existence of a plenary authority in a single body.

🚫 Why the government's argument fails

  • In the case discussed, the Flood Control Act of 1944 divides rate authority and vests it in two separate branches of government.
  • The rate developer has no plenary authority.
  • The government's approach assumes the conclusion before the deduction begins—it treats divided authority as if it were plenary.

📋 Comparison table

SituationAuthority structureInterim authority?
Tennessee Gas (hydroelectric under Reclamation Project Act § 9(c))Plenary authority in one body (Secretary)Yes—naturally follows
Flood Control Act § 5 caseDivided authority between two branchesNo—cannot be inferred

🏛️ Tribal self-determination and trust duties

🏛️ The government's flawed argument

  • The government's brief tried to transform tribal self-determination from a "focus" to the "central aim" of the Indian Mineral Leasing Act (IMLA).
  • It claimed that federal approval of Indian land transactions is merely "backstop protection" (never citing authority).
  • The government asserted that the federal policy favoring tribal self-determination compromises trust duties.

🛡️ Why trust duties remain undiminished

  • The Supreme Court rejected this argument in Mitchell II.
  • The historic requirement of federal approval of Indian land transactions reflects strong trust duties, not weak "backstop" protection.
  • Don't confuse: Self-determination is a policy goal, but it does not dilute the government's fiduciary obligations to tribes.
  • The argument "has gained no force in the intervening 20 years" since Mitchell II.

📚 Cross-reference context

📚 What this section introduces

  • The excerpt ends with a note that § 7-000 contains cross-reference tables to two widely used U.S. legal citation manuals:
    • The Bluebook (§ 7-300)
    • ALWD Citation Manual (§ 7-400)
  • These tables help users find detailed treatment of citation principles in those reference works.
  • Note: The substantive legal arguments in the first three parts of the excerpt are unrelated to the citation cross-reference purpose of § 7-000.
34

§ 5-200 . In Text

§ 5-200 . In Text

🧭 Overview

🧠 One-sentence thesis

The excerpt illustrates legal reasoning about rate-making authority, victim compensation priority, and trust duties toward tribes, emphasizing that interim authority depends on plenary authority and that self-determination policy does not dilute federal trust obligations.

📌 Key points (3–5)

  • Victim compensation priority: when a criminal profits from depicting a crime with victims, those victims and the state should be compensated before the criminal.
  • Interim vs. plenary rate authority: interim rate-setting power flows from plenary (full) authority, but cannot exist where rate authority is divided between separate government branches.
  • Tribal trust duties: the federal policy favoring tribal self-determination does not weaken the historic trust duties owed to tribes.
  • Common confusion: do not assume interim authority exists simply because it seems convenient—it requires an underlying plenary authority in one body.

💰 Victim compensation and criminal profit

💰 The priority rule

When there are victims and the criminal profits from reenactment or depiction of the crime, the victims who have been injured by the criminal act, and the State, which has been called upon to render aid to those victims, should have the first claim to that money.

  • The criminal may discuss the crime freely if it is victimless (e.g., prostitution, certain securities fraud).
  • But when victims exist, compensation to victims and the state takes priority over the criminal's profit.
  • Example: if a criminal writes a book about a crime that harmed specific people, those victims should be paid before the criminal keeps any proceeds.

🚫 Victimless crimes exception

  • The excerpt contrasts victimless crimes (prostitution, leaking market information) with crimes that have identifiable victims.
  • In victimless cases, the criminal may discuss the crime without restraint.
  • Don't confuse: the distinction turns on whether there are actual victims, not on the severity or type of crime.

⚖️ Rate-making authority and interim powers

⚖️ Plenary authority as the foundation

An interim authority follows naturally from a plenary authority under the usual "necessary and proper" clause.

  • Plenary authority: full, comprehensive rate-making power vested in one body.
  • The Supreme Court held in Tennessee Gas that interim (temporary) rate authority is a natural extension of plenary authority.
  • The key: interim power depends on the existence of plenary power in a single entity.

🔀 Divided authority blocks interim power

  • The Flood Control Act of 1944 (section 5) divides rate authority between two separate branches of government.
  • Because no single body holds plenary authority, there is no basis for interim rate authority.
  • The government's argument assumes the conclusion (that interim authority exists) before proving the premise (that plenary authority exists).
  • Example: if Agency A sets some rates and Agency B sets others, neither can claim interim power because neither has full authority.

🧩 Why the distinction matters

ScenarioAuthority structureInterim power?
Plenary authority in one bodySingle entity (e.g., Federal Power Commission)Yes—follows naturally
Divided authoritySplit between branchesNo—no plenary base
  • Don't confuse: the Tennessee Gas holding applies only when plenary authority exists; it cannot be imported into divided-authority schemes.

🏛️ Tribal self-determination and trust duties

🏛️ Self-determination does not dilute trust

  • The federal policy favoring tribal self-determination is a modern goal, but it does not weaken historic trust duties.
  • The government argued that self-determination compromises trust obligations, but this argument was rejected in Mitchell II and has not gained force since.

📜 Historic trust requirements remain

  • Federal approval of Indian land transactions is not merely "backstop protection" (a vague term the government offers without citation).
  • The requirement reflects substantive trust duties established in cases like Tuscarora and Sunderland.
  • Example: even if a tribe manages its own affairs, the federal government still owes fiduciary duties when approving land deals.

🚨 Common confusion

  • Don't confuse the policy goal of self-determination with a reduction in federal responsibility.
  • The excerpt emphasizes that the government repeatedly offers unsupported claims (e.g., "backstop protection") without authority.
  • Self-determination empowers tribes but does not erase the government's trust obligations.

📚 Cross-reference context

📚 Purpose of the section

  • The excerpt concludes with a note that § 7-000 contains cross-reference tables to The Bluebook and the ALWD Citation Manual.
  • This segment is designed to help users find detailed citation principles in those reference works.
  • No substantive legal content is provided in this final paragraph—it is purely navigational.
35

Citation Items Not Italicized

§ 5-300 . Citation Items Not Italicized

🧭 Overview

🧠 One-sentence thesis

This section provides cross-reference tables mapping citation principles from the Introduction to Basic Legal Citation to corresponding rules in The Bluebook (19th edition), enabling users to locate detailed treatment of each citation category in the national guide.

📌 Key points (3–5)

  • Purpose: the table enables users to find where each citation principle covered in the Introduction is treated in The Bluebook.
  • Scope: covers all major citation categories—cases, statutes, regulations, books, journals, court documents, and formatting rules.
  • Organization: entries are organized by section number of the Introduction, with each pointing to the relevant Bluebook rule(s) and table(s).
  • Common confusion: this is a cross-reference tool, not a substantive citation guide; it assumes the user is working from the Introduction and needs to find the corresponding Bluebook rule.
  • Companion table: a parallel table for the ALWD Citation Manual appears in § 7-400.

📚 Structure and coverage

📚 What the table includes

The cross-reference table (§ 7-300) maps every major topic in the Introduction to Basic Legal Citation to The Bluebook.

  • Each entry begins with a section number from the Introduction (e.g., § 2-210, § 4-100).
  • Below each section number, the table lists the corresponding Bluebook rule(s), table(s), and page references.
  • Example: for case citations (§ 2-210), the table points to Bluebook B4, Rule 10, and Tables T1, T6, T7, T10.

🗂️ Categories covered

The table covers:

CategoryExample sectionsBluebook references
Cases§ 2-210, § 2-220, § 2-230Rule 10, Tables T1, T6, T7
Statutes§ 2-320, § 2-340Rule 12, Table T1
Regulations§ 2-410, § 2-420Rule 14, Table T1
Books§ 2-710, § 2-720Rule 15, Rule 19
Journals§ 2-810, § 2-820Rule 16, Table T13
Formatting§ 4-810, § 4-820, § 5-000Rule 6, B1

🔍 How to use the table

  • Start with the section of the Introduction you are working from.
  • Locate that section number in the table.
  • The table tells you which Bluebook rule(s) and table(s) provide detailed treatment.
  • Example: if you are citing a case and working from § 2-210, the table directs you to Bluebook B4, Rule 10, and Tables T1, T6, T7, T10.

Don't confuse: this table does not teach citation rules; it only points to where the rules are found in The Bluebook.

🧩 Major citation categories

🧩 Electronic sources

  • Introduction section: § 2-110
  • Bluebook references: B10, 18.2 (The Internet), 18.3 (Commercial Electronic Databases), 18.4 (CD-ROM and Other Electronic Storage Media)
  • These rules govern how to cite material obtained from online sources, commercial databases, and other electronic media.

⚖️ Cases

  • Introduction sections: § 2-210 (most common form), § 2-220 (variants), § 2-230 (medium-neutral citations), § 2-240 (conditional items)
  • Bluebook references: B4, Rule 10 (comprehensive case citation rules), Tables T1 (jurisdictions), T6 (case names), T7 (court names), T8 (explanatory phrases), T10 (geographical terms)
  • Rule 10 covers case names, reporters, court and jurisdiction, date, parenthetical information, and prior/subsequent history.
  • Example: for medium-neutral citations (§ 2-230), see Bluebook Rule 10.3.3 (Public Domain Format).

📜 Constitutions and statutes

  • Introduction sections: § 2-310 (constitutions), § 2-320 (statutes—most common form), § 2-340 (statutes—variants), § 2-350 (local ordinances)
  • Bluebook references: Rule 11 (constitutions), Rule 12 (statutes), Table T1 (United States Jurisdictions)
  • Rule 12 covers choosing the proper citation form, current official and unofficial codes, session laws, and special citation forms.
  • Example: for local ordinances (§ 2-350), see Bluebook Rule 12.9.2.

📋 Regulations and administrative materials

  • Introduction sections: § 2-410 (regulations—most common form), § 2-420 (regulations—variants), § 2-450 (agency adjudications), § 2-470 (agency reports), § 2-480 (executive orders), § 2-490 (advisory opinions)
  • Bluebook references: B5, Rule 14 (comprehensive administrative materials), Table T1
  • Rule 14 covers rules, regulations, publications, administrative adjudications, and arbitrations.
  • Example: for executive orders (§ 2-480), see Bluebook Rule 14.2.

📖 Books and secondary sources

  • Introduction sections: § 2-710 (books—most common form), § 2-720 (institutional authors, services, Restatements, annotations)
  • Bluebook references: B8, Rule 15 (books), Rule 19 (services), Rule 12.9.5 (Restatements), Rule 16.7.6 (annotations), Table T15 (services)
  • Rule 15 covers author, editor/translator, title, edition, publisher, and date.
  • Example: for Restatements (§ 2-720(3)), see Bluebook Rule 12.9.5.

📰 Journal articles

  • Introduction sections: § 2-810 (most common form), § 2-820 (variants)
  • Bluebook references: B9, Rule 16, Table T13 (Periodicals)
  • Rule 16 covers author, title, consecutively paginated journals, and nonconsecutively paginated journals/magazines.

📄 Court documents

  • Introduction section: § 2-900
  • Bluebook references: B7, BT1 (Court Documents)
  • Covers citation of briefs, motions, transcripts, and other documents from earlier stages of a case.

🔤 Abbreviations and formatting

🔤 Abbreviation rules

The table maps abbreviation topics to Bluebook rules:

TopicIntroduction sectionBluebook reference
Words abbreviated in case names§ 4-100Rule 10.2, Table T6, T10
Words used in case histories§ 4-200Table T8
Words omitted in case names§ 4-300Rule 10.2, Table T6
Reporters and courts§ 4-400Table T1
Territorial abbreviations§ 4-500Table T10
Months§ 4-600Table T12
Frequently cited journals§ 4-700Table T13

✍️ Spacing and periods

  • Spacing between abbreviated words (§ 4-810): Bluebook Rule 6.1(a)
  • Periods in abbreviations (§ 4-820): Bluebook Rule 6.1(b)
  • These rules govern technical formatting details like whether to use spaces between initials and whether to include periods.

🖋️ Underlining and italics

  • Introduction section: § 5-000
  • Bluebook reference: B1
  • Governs when to italicize or underline case names, book titles, signals, and other citation elements.
  • Don't confuse: the title of this section ("Citation Items Not Italicized") refers to the Introduction section number, not the rule itself; the Bluebook rule at B1 explains what to italicize.

📝 Quotations and citation placement

📝 Quoting

  • Introduction section: § 6-100
  • Bluebook references: B12, Rule 5 (comprehensive quotation rules)
  • Rule 5 covers formatting of quotations, alterations, quotations within quotations, and omissions.

📍 Citations and related text

  • Introduction section: § 6-200
  • Bluebook reference: B2
  • Governs where to place citations in relation to the text they support (e.g., citation sentences vs. citation clauses).

🚦 Signals

  • Introduction section: § 6-300
  • Bluebook references: B3, Rule 1.2 (Introductory Signals)
  • Signals (e.g., see, cf., but see) indicate the relationship between the cited authority and the proposition it supports.

🔢 Order of authorities

  • Introduction section: § 6-400
  • Bluebook references: B3.5, Rule 1.3 (Order of Signals), Rule 1.4 (Order of Authorities Within Each Signal)
  • Governs the sequence in which multiple citations should appear.

⚡ Short forms

  • Introduction section: § 6-500
  • Bluebook reference: B4.2
  • Covers abbreviated citation forms used after a source has been cited in full (e.g., id., short case names).
36

§ 6-100 . Quoting

§ 6-100 . Quoting

🧭 Overview

🧠 One-sentence thesis

This section cross-references The Bluebook rules that govern how to format quotations, handle alterations and nested quotations, and manage omissions in legal citations.

📌 Key points (3–5)

  • What this section covers: formatting of quotations, alterations, quotations within quotations, and omissions.
  • Where to find the rules: The Bluebook B12, Rule 5, with subsections 5.1, 5.2, and 5.3.
  • Three main aspects: how to format (5.1), how to alter or nest quotes (5.2), and how to show omissions (5.3).
  • Common confusion: this is a cross-reference section, not a substantive explanation—it points to The Bluebook for the actual rules.

📚 What the section addresses

📚 Scope of quoting rules

  • The excerpt identifies three core topics under "Quoting":
    • Formatting of quotations
    • Alterations and quotations within quotations
    • Omissions
  • These are technical citation mechanics, not substantive legal analysis.

🔗 Cross-reference structure

  • The section title is "§ 6-100. Quoting."
  • It directs readers to The Bluebook: B12, Rule 5 and its subsections.
  • This is part of a larger reference guide that maps topics to Bluebook rules.

🛠️ The three subsections of Rule 5

🛠️ 5.1 Formatting of Quotations

  • Covers how to present quoted text in legal writing.
  • Example: block quotations vs. inline quotations, punctuation placement.

✏️ 5.2 Alterations & Quotations Within Quotations

  • Deals with changes made to quoted material (e.g., brackets, ellipses for clarity).
  • Also addresses how to handle a quote that itself contains a quote (nested quotations).
  • Don't confuse: alterations (changing the original text for clarity) vs. omissions (removing parts of the text).

✂️ 5.3 Omissions

  • Explains how to indicate that part of the original quoted text has been left out.
  • Typically involves ellipses or other notation to show gaps.

🗂️ Context within the larger guide

🗂️ Placement in the reference system

  • This section appears under a broader numbering scheme (§ 6-100) that organizes citation topics.
  • Adjacent sections include:
    • § 6-200: Citations and Related Text
    • § 6-300: Signals
    • § 6-400: Order
    • § 6-500: Short Forms
  • All are cross-referenced to corresponding Bluebook rules.

📖 Purpose of the cross-reference

  • The excerpt is part of a reference table that helps users locate Bluebook rules by topic.
  • It does not reproduce the rules themselves; it only points to where they are found.
  • Example: A user looking for how to format a quotation would consult B12 and Rule 5 in The Bluebook based on this cross-reference.
37

§ 6-200. Citations and Related Text

§ 6-200 . Citations and Related Text

🧭 Overview

🧠 One-sentence thesis

This section cross-references how The Bluebook Rule B2 governs the formatting and placement of citations in relation to the text they support.

📌 Key points (3–5)

  • What this section covers: the relationship between citations and the text they accompany.
  • Primary authority: The Bluebook Rule B2.
  • Context within the manual: part of a larger chapter (§ 6-000 series) covering citation mechanics, including quoting, signals, order, and short forms.
  • Common confusion: this is distinct from "signals" (§ 6-300) which introduce citations, and "order" (§ 6-400) which arranges multiple authorities—§ 6-200 focuses on how citations relate to and are formatted with the accompanying text.

📚 What this section addresses

📚 Citations and their textual context

Citations and Related Text: the formatting and placement rules for citations in relation to the text they support.

  • This section does not define substantive citation content (case names, reporter abbreviations, etc.).
  • Instead, it addresses how citations are positioned and formatted alongside the sentences or paragraphs they cite.
  • The excerpt points to The Bluebook Rule B2 as the governing authority.

🔗 Relationship to surrounding sections

The § 6-000 series forms a coherent group of citation mechanics:

SectionTopicBluebook Rule
§ 6-100QuotingB12, Rule 5
§ 6-200Citations and Related TextB2
§ 6-300SignalsB3, Rule 1.2
§ 6-400OrderB3.5, Rule 1.3–1.4
§ 6-500Short FormsB4.2
  • Don't confuse: § 6-200 (how citations sit with text) vs. § 6-300 (introductory signals like see, cf.) vs. § 6-400 (which citation comes first when you have multiple sources).

🗂️ Broader manual structure

🗂️ Where § 6-200 fits

The excerpt shows § 6-200 is part of a comprehensive citation manual that includes:

  • § 2-000 series: specific document types (cases, statutes, books, journals, arbitrations, court rules).
  • § 4-000 series: abbreviations (case names, reporters, courts, territories, months, journals, spacing, periods).
  • § 5-000 series: formatting conventions (underlining and italics).
  • § 6-000 series: citation mechanics (quoting, citations and text, signals, order, short forms).
  • § 7-000 series: cross-references to other citation manuals (e.g., ALWD Citation Manual).

🧭 Purpose of cross-references

  • The manual consistently references The Bluebook rules and tables (e.g., T1, T6, T8, T10, T12, T13, BT1).
  • For § 6-200 specifically, the sole reference is The Bluebook Rule B2, indicating that rule is the authoritative source for how citations and related text should be formatted together.
38

§ 6-300 . Signals

§ 6-300 . Signals

🧭 Overview

🧠 One-sentence thesis

This section cross-references how to use introductory signals in legal citations, directing readers to the relevant rules in The Bluebook.

📌 Key points (3–5)

  • What this section covers: guidance on using introductory signals in legal citations.
  • Primary reference: The Bluebook rules B3 and Rule 1, section 1.2 (Introductory Signals).
  • Context within the manual: part of a broader citation guide (§ 6-000 series) that includes quoting, citation text, order, and short forms.
  • Common confusion: this is a cross-reference section, not a substantive explanation—it points to external resources rather than teaching the rules directly.

📚 What this section is

📚 Cross-reference structure

This section (§ 6-300) serves as a pointer to external citation manuals rather than a standalone instructional text.

  • The excerpt shows § 6-300 titled "Signals" with a direct reference to The Bluebook.
  • It does not contain the actual rules or explanations; it tells the reader where to look.
  • Example: A student consulting this manual for signal usage would be directed to The Bluebook B3, Rule 1, 1.2.

🗂️ Position in the manual

The excerpt places § 6-300 within a sequence of citation-related sections:

SectionTopicBluebook Reference
§ 6-100QuotingB12, Rule 5
§ 6-200Citations and Related TextB2
§ 6-300SignalsB3, Rule 1, 1.2
§ 6-400OrderB3.5, Rule 1, 1.3, 1.4
§ 6-500Short FormsB4.2
  • All sections in the 6-000 series appear to address citation mechanics.
  • Don't confuse: § 6-300 is about introductory signals (words like "see," "cf.," "but see"), not traffic or communication signals.

🔗 External references provided

🔗 The Bluebook citations

The section directs readers to three specific locations in The Bluebook:

  • B3: a rule or section labeled B3 (likely a "Bluepages" or basic rule section).
  • Rule 1: the first major rule in The Bluebook.
  • 1.2 Introductory Signals: a subsection specifically about signals.

📖 What "introductory signals" likely means

  • Based on the title and reference structure, introductory signals are words or phrases that introduce a citation and indicate its relationship to the text.
  • Example: "See [case]" might mean the cited case supports the proposition; "But see [case]" might indicate contrary authority.
  • The excerpt does not define these signals—it only points to where the definitions and rules are found.

🧩 Relationship to surrounding sections

🧩 Broader citation framework

The excerpt shows § 6-300 is part of a comprehensive citation guide covering:

  • Before signals: how to quote (§ 6-100) and format citation text (§ 6-200).
  • After signals: how to order citations (§ 6-400) and use short forms (§ 6-500).
  • This suggests signals are one step in a multi-part citation process.

🧩 Parallel structure with ALWD

The excerpt also shows a § 7-400 cross-reference table for the ALWD Citation Manual, indicating this manual provides dual references to both major legal citation systems.

  • Don't confuse: The Bluebook and ALWD are separate citation manuals; this document cross-references both but does not reproduce their content.
39

§ 6-400 . Order

§ 6-400 . Order

🧭 Overview

🧠 One-sentence thesis

This section cross-references how The Bluebook governs the ordering of signals and authorities within legal citations.

📌 Key points (3–5)

  • What this section covers: the rules for arranging signals and authorities in legal citations.
  • Where to find the rules: The Bluebook B3.5, Rule 1, sections 1.3 and 1.4.
  • Two ordering questions: (1) the order of signals themselves, and (2) the order of authorities within each signal.
  • Common confusion: ordering signals vs. ordering authorities—these are two separate steps governed by different subsections of Rule 1.

📚 Cross-reference structure

📖 What the excerpt provides

  • The excerpt is a reference index entry, not substantive instruction.
  • It maps section § 6-400 ("Order") to corresponding sections in The Bluebook.
  • No definitions, explanations, or examples are given in the excerpt itself.

🔗 The Bluebook references

The excerpt points to three specific locations:

Bluebook locationWhat it covers
B3.5Order rules (brief format context)
Rule 1, 1.3Order of Signals
Rule 1, 1.4Order of Authorities Within Each Signal

🧩 Two ordering tasks

🔢 Order of signals (Rule 1.3)

  • What it means: when multiple signals appear in a citation string, they must follow a prescribed sequence.
  • Example: if you use both "see" and "cf." in the same citation cluster, The Bluebook specifies which signal comes first.
  • The excerpt does not state the actual order; it only references where to find it.

📑 Order of authorities within each signal (Rule 1.4)

  • What it means: after grouping authorities under a signal, you must arrange those authorities in a specific order.
  • Example: if three cases follow "see," the order of those cases is governed by Rule 1.4.
  • Don't confuse: this is within a signal, not between signals.

🗂️ Context in the larger guide

🧭 Placement in the manual

  • § 6-400 sits between § 6-300 (Signals) and § 6-500 (Short Forms).
  • The "6-" series appears to address citation mechanics: quoting (§ 6-100), citation text (§ 6-200), signals (§ 6-300), order (§ 6-400), and short forms (§ 6-500).

📘 Purpose of the cross-reference

  • The excerpt is part of a cross-reference table linking the manual's own section numbers to The Bluebook rules.
  • It does not teach the ordering rules; it directs the reader to the authoritative source.
40

§ 6-500 . Short Form Citations

§ 6-500 . Short Form Citations

🧭 Overview

🧠 One-sentence thesis

This excerpt does not contain substantive content about short form citations; it consists only of unrelated legal case excerpts and a brief reference to cross-reference tables for citation manuals.

📌 Key points (3–5)

  • The excerpt titled "Short Form Citations" does not actually explain short form citation rules or principles.
  • The bulk of the text comprises three unrelated legal case excerpts discussing crime victim compensation, federal ratemaking authority, and tribal trust duties.
  • The only citation-related content is a brief introduction to cross-reference tables pointing to The Bluebook and the ALWD Citation Manual.
  • Common confusion: the title suggests instruction on short form citations, but the excerpt provides no such instruction.
  • The excerpt appears to be a placeholder or formatting artifact rather than a complete section.

📄 What the excerpt contains

📄 Legal case excerpts (unrelated to citations)

The excerpt includes three adapted legal arguments:

  • Crime victim compensation: discusses whether criminals who profit from depicting their crimes should compensate victims before keeping proceeds.
  • Federal ratemaking authority: argues that interim rate authority requires plenary (full) authority vested in one body, which the Flood Control Act does not provide.
  • Tribal self-determination and trust duties: contends that federal policy favoring tribal self-determination does not weaken the government's trust obligations to tribes.

Don't confuse: these excerpts are not examples of citation formats; they are substantive legal arguments that happen to contain citations.

🗂️ Cross-reference tables introduction

The only citation-related content appears at the end:

"This concluding segment contains a set of point by point cross-references to those books."

  • Refers to two widely used citation manuals: The Bluebook and the ALWD Citation Manual.
  • Mentions that subsequent sections (§ 7-300 and § 7-400) will provide cross-references to these manuals.
  • Does not explain what short form citations are or how to use them.

⚠️ Missing content

⚠️ No instruction on short form citations

Despite the title "Short Form Citations," the excerpt does not cover:

  • What short form citations are.
  • When to use short forms versus full citations.
  • Rules or formats for creating short form citations.
  • Examples of proper short form citation usage.

⚠️ Likely incomplete section

The excerpt appears to be:

  • A fragment from a larger work on legal citation.
  • Missing the actual instructional content that should follow the title.
  • Possibly a table of contents entry or section header without its body text.

Example: A complete section would explain that after a full citation, subsequent references can use shortened forms like "Id." or abbreviated case names—but this excerpt provides none of that information.

41

§ 6-600 Context Examples

§ 6-600 . Context Examples

🧭 Overview

🧠 One-sentence thesis

These examples illustrate how legal arguments distinguish between cases with plenary versus divided authority, how victim compensation claims are prioritized over criminal profits, and how trust duties are not diluted by self-determination policies.

📌 Key points (3–5)

  • Victim compensation priority: when a criminal profits from depicting their crime and victims exist, victims and the state have first claim to that money before the criminal.
  • Plenary vs. divided authority: interim rate authority flows naturally from plenary (complete) ratemaking power vested in one body, but not when authority is divided between two branches.
  • Trust duties and self-determination: the federal policy favoring tribal self-determination does not weaken or compromise the government's trust duties to tribes.
  • Common confusion: do not assume that interim authority exists simply because plenary authority exists elsewhere—the logic depends on whether the statute grants unified or split authority.

💰 Victim compensation and criminal profits

💰 When victims have priority

If there are victims and the criminal profits from reenactment or depiction of the crime, then the victims who have been injured by the criminal act, and the State, which has been called upon to render aid to those victims, should have the first claim to that money.

  • The principle: victims should be compensated before the criminal receives any profit.
  • This applies when:
    • The crime has identifiable victims (not victimless crimes).
    • The criminal earns money by retelling or depicting the crime.
  • Example: A criminal writes a book about their crime and earns royalties—victims injured by that crime have first claim to the proceeds.

🚫 Victimless crimes exception

  • The excerpt contrasts cases:
    • Prostitution and securities fraud based on leaking information were treated as victimless crimes.
    • Other crimes with clear victims trigger the compensation priority rule.
  • Don't confuse: the criminal may discuss the crime freely in victimless cases; the restriction applies only when victims exist and the criminal profits.

⚖️ Plenary versus divided ratemaking authority

⚖️ What plenary authority means

The Natural Gas Act, like most modern ratemaking statutes, provides for a plenary ratemaking authority and vests in it one body, there, the Federal Power Commission.

  • Plenary authority: complete, unified power to set rates, given to a single entity.
  • The Supreme Court held in Tennessee Gas that interim rate authority follows naturally from plenary authority under a "necessary and proper" clause.
  • Key mechanism: if one body has full power, it logically has the power to set temporary rates while working on final rates.

🔀 When authority is divided

  • The Flood Control Act of 1944, section 5, divides rate authority and vests it in two separate branches of government.
  • The government's argument failed because it assumed interim authority exists even without plenary authority in one body.
  • The excerpt criticizes this as circular reasoning: "assumes the validity of their conclusion even before the process of deduction has begun."

🧩 Why the distinction matters

Authority typeStructureInterim authority?
PlenaryOne body holds complete powerYes, flows naturally
DividedTwo branches share authorityNo, cannot be assumed
  • Example: An agency with plenary power over electricity rates can set interim rates while studying long-term rates. But if Congress splits rate-setting between the Secretary and another body, the Secretary cannot unilaterally claim interim authority.
  • Don't confuse: the existence of plenary authority elsewhere (in other statutes) does not prove it exists in a statute that explicitly divides authority.

🏛️ Tribal self-determination and trust duties

🏛️ The government's failed argument

  • The government's brief tried to argue that the federal policy favoring tribal self-determination weakens or "dilutes" trust duties.
  • The excerpt states this argument "has gained no force" over 20 years since it was rejected in Mitchell II.

🛡️ Trust duties remain intact

The historic requirement of federal approval of Indian land transactions is [not] merely to give "backstop protection" to the tribes.

  • The government offered no citation to support the claim that approval requirements are only "backstop protection."
  • The excerpt cites contrary authority (Tuscarora, Sunderland) showing that approval requirements reflect substantive trust duties.
  • Key point: self-determination as a policy goal does not reduce the government's legal obligations to tribes.

🔍 What self-determination actually is

  • The government's brief escalated the description from a "focus" to the "central aim" of the Indian Mineral Leasing Act (IMLA) without support.
  • The excerpt contrasts this with Kerr-McGee, which does not support such a broad characterization.
  • Don't confuse: promoting tribal self-determination (allowing tribes more control) is not the same as reducing federal responsibility or oversight duties.
42

§ 7-100 . Introduction

§ 7-100 . Introduction

🧭 Overview

🧠 One-sentence thesis

This introduction provides cross-reference tables that map the citation principles covered in this work to their corresponding treatments in The Bluebook and the ALWD Citation Manual, enabling users to find detailed guidance in whichever reference they are using.

📌 Key points (3–5)

  • Purpose: to connect each citation principle in this introduction to its detailed treatment in two widely-used law school citation guides.
  • Structure: subsequent sections contain tables for The Bluebook (§ 7-300), ALWD Citation Manual (§ 7-400), and significant changes in Bluebook editions (§ 7-200).
  • State-specific coverage: a concluding table (§ 7-500) provides state-by-state citation examples for cases, statutes, and regulations, noting where state norms diverge from national guides.
  • Common confusion: this is not a standalone citation guide but a bridge—users must still consult the full Bluebook or ALWD for complete rules.

📚 What this segment contains

📚 Cross-reference tables

  • The principles and practices described in this Introduction to Basic Legal Citation are elaborated in far greater detail in two citation references widely used in U.S. law schools.
  • Tables in subsequent sections enable users to find the relevant treatment of each citation principle or category of material in either reference work.

🗂️ Organization of tables

SectionContent
§ 7-200Inventory of significant changes in recent Bluebook editions
§ 7-300Point-by-point cross-references to The Bluebook
§ 7-400Point-by-point cross-references to ALWD Citation Manual
§ 7-500State-by-state citation examples for cases, statutes, and regulations

📖 The two main citation references

📖 The Bluebook

  • Currently in its nineteenth edition (the latest in a long succession of editions).
  • This segment offers an inventory of more recent changes of significance across editions.
  • Users working from The Bluebook can find the relevant treatment of each citation principle covered in this introduction.

📖 ALWD Citation Manual

  • The second widely-used citation reference in U.S. law schools.
  • Differences between The Bluebook and ALWD are noted throughout this work.
  • A separate table (§ 7-400) provides cross-references to ALWD treatments.

🗺️ State-specific guidance

🗺️ The concluding table (§ 7-500)

  • Furnishes state-by-state access to citation examples for the three most frequently cited categories of primary law material:
    • Cases
    • Statutes
    • Regulations
  • Notes points where each state's norms and practice diverge from the prescriptions of the "national" guides.
  • Example: A user citing a California statute can check § 7-500 to see if California follows the national format or has its own conventions.

🔍 Why state variations matter

  • Citation practice is not uniform across all U.S. jurisdictions.
  • State courts and practitioners may follow local rules that differ from The Bluebook or ALWD.
  • Don't confuse: "national" guides provide general rules, but individual states may require different formats.
43

Significant Changes in The Bluebook

§ 7-200 . Significant Changes in The Bluebook

🧭 Overview

🧠 One-sentence thesis

The Bluebook's recent editions (17th through 19th) have progressively expanded coverage of electronic sources and foreign materials while making relatively few substantive changes to core citation rules, with the 18th edition notably elevating practitioner guidance and the 19th making minimal alterations.

📌 Key points (3–5)

  • 19th edition: Made even fewer significant changes than its predecessor; expanded "Bluepages" and tables (especially foreign jurisdiction coverage in T2) by nearly 40%.
  • 18th edition: Expanded practitioner material from 19 pages to a full introductory section; rationalized Internet citation into two categories (direct online-only citations vs. parallel citations for print material).
  • 17th edition: Reversed 16th edition signal changes, restored "e.g." and "contra"; introduced vendor- and medium-neutral case citation recognition; created new Rule 18 for electronic media.
  • Electronic sources evolution: Each edition progressively acknowledged the Internet's displacement of print, culminating in the 19th edition's permission to cite reliable online sources "as if they were the original print" without URLs.
  • Common confusion: The treatment of electronic sources changed significantly across editions—what required special handling in the 17th became increasingly normalized by the 19th.

📚 19th Edition Changes

📖 Bluepages expansion

  • The "Bluepages" (introductory material for practitioners) grew from 43 to 51 pages.
  • This was the sole title given to the introductory material introduced in the 18th edition.
  • Expansion occurred throughout the volume, not just in practitioner sections.

🌍 Table growth

  • Tables comprise over half the volume and grew by nearly 40%.
  • Most growth concentrated in T2's coverage of foreign jurisdictions.
  • Coverage spans from the Argentine Republic to the Republic of Zambia.

🌐 Electronic media breakthrough

The Bluebook now sanctions citation to electronic documents obtained from reliable online sources "as if they were the original print," permitting the omission of URL information in such cases.

  • This represents final acknowledgment that the Internet has supplanted print distribution for many legal materials.
  • Marks a major shift from earlier editions that treated electronic sources as secondary or requiring special notation.
  • Example: A case available from a reliable online database can now be cited without adding a URL, treating it like the print version.

📝 18th Edition Changes

🎯 Practitioner focus shift

  • Previously relegated practitioner notes (19 pages) expanded into a full first section.
  • New section titled "An Introduction to Basic Legal Citation" (matching this work's title since 1993).
  • Accompanied by new tables referencing local (jurisdiction-specific) citation rules and style guides.
  • This information had been included in the ALWD Citation Manual from its start.

💻 Internet citation rationalization

The 18th edition significantly expanded and rationalized coverage of Internet-based material:

17th Edition18th Edition
Three categories of Internet citationsTwo categories
More complex classificationSimplified: (1) direct citations of online-only material; (2) parallel citations for print material not widely available
  • Don't confuse: The reduction from three to two categories was a simplification, not a restriction—it made the system easier to apply.

📊 Format and scope changes

  • Book's format was revised throughout.
  • Numerous rules were clarified (not fundamentally changed).
  • Treatment of foreign and international materials was expanded.
  • Tables were both added to and extended.
  • The Bluebook continued to deal predominantly with law journal writing needs and norms.

⚖️ 17th Edition Changes

🚦 Introductory signals reversal

  • The 16th edition's signal rule changes were reversed in the 17th.
  • Rule 1.2 now provides as it did prior to 1996.
  • "E.g." is back as a separate signal (it had been removed or modified in the 16th).
  • "Contra" is restored to its previous status.
  • Example: A writer citing supporting authority could again use "e.g." as a distinct introductory signal rather than combining it with other signals.

✂️ Case name abbreviation expansion

Rule 10.2.2 no longer spares the first or only word of a party name from abbreviation:

  • Previously: The first word of a party name was protected from abbreviation even if it appeared in the abbreviation table.
  • 17th edition change: If the word is in the table of abbreviated words (T.6), it must be abbreviated even if it's the first or only word.
  • The abbreviation table (T.6) was also expanded.
  • Example: "Association v. Smith" might now become "Ass'n v. Smith" even though "Association" is the first word.

🔗 Vendor- and medium-neutral citations

Rule 10.3.3 acknowledges court-adopted vendor- and medium-neutral citation systems:

Requires the use of such a system where the jurisdiction has adopted one.

  • Rule 10.3.1(b) requires adding a parallel citation to a regional reporter even if the jurisdiction's vendor/medium-neutral citation rule does not require it.
  • This recognized the "spreading phenomenon" of court-adopted citation systems independent of commercial publishers.
  • Example: A jurisdiction might assign cases citations like "2005 XYZ 123" (year, court, number) rather than relying solely on "123 Reporter 456."

👥 Author listing flexibility

Previously rigid rule loosened:

Before 17th Edition17th Edition Rule 15.1.1
Must use "et al." for books with more than two authorsMay use full list "when the names of the authors are relevant"
  • Gives writers discretion based on context.
  • Example: A foundational work by three prominent scholars might now list all three names rather than "First Author et al."

💾 Electronic media reorganization

  • Electronic and other nonprint resources broken out of Rule 17.
  • New Rule 18 created specifically for electronic media.
  • Covers: commercial online systems, public and commercial internet sites, CD-ROM, microform, and more.
  • Rule 17 now deals only with unpublished and forthcoming sources.
  • Former Rules 18, 19, and 20 were renumbered accordingly.
  • Don't confuse: This was a reorganization for clarity, not a change in how to cite electronic sources—it simply gave them their own dedicated rule.

🔄 Cross-Edition Patterns

📈 Progressive electronic integration

Each edition shows increasing acceptance of electronic sources:

  • 17th: Created separate rule for electronic media (Rule 18).
  • 18th: Rationalized Internet citations from three to two categories; expanded coverage significantly.
  • 19th: Permitted citation to reliable online sources "as if they were the original print" without URLs.

This progression reflects the legal profession's shift from print-primary to digital-primary research.

🌐 Expanding international coverage

  • 18th edition: Expanded treatment of foreign and international materials.
  • 19th edition: T2 (foreign jurisdictions table) grew substantially, accounting for much of the 40% table expansion.
  • Reflects increasing globalization of legal practice and research.

⚖️ Practitioner vs. academic balance

  • The Bluebook "continues to deal predominantly with the citation needs and norms of law journal writing."
  • However, practitioner material grew from 19 pages (pre-18th) to a full introductory section (18th) to 51 pages of "Bluepages" (19th).
  • This shows gradual recognition that practitioners, not just academics, are major users of the manual.

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44

§ 7-300 . Cross Reference Table: The Bluebook

§ 7-300 . Cross Reference Table: The Bluebook

🧭 Overview

🧠 One-sentence thesis

This cross-reference table maps topics from a legal citation guide to their corresponding sections in The Bluebook (19th edition), enabling users to locate specific citation rules for cases, statutes, regulations, books, journals, and other legal materials.

📌 Key points (3–5)

  • Purpose of the table: provides a systematic mapping between the guide's internal section numbers and The Bluebook rules, pages, and tables.
  • Scope of coverage: includes citations for cases, statutes, constitutions, regulations, agency materials, books, journal articles, court documents, and abbreviation conventions.
  • Recent Bluebook changes: the 17th and 18th editions introduced significant revisions to electronic media rules, introductory signals, case name abbreviations, and vendor-neutral citations.
  • Common confusion: the guide distinguishes "most common form" sections from "variants and special cases" sections for major citation types (cases, statutes, regulations).
  • How to use: each bullet point lists a section number from the guide followed by the corresponding Bluebook rule numbers, page references, and table identifiers.

📚 Major Bluebook revisions described

📡 Electronic media coverage

  • The 18th edition significantly expanded and rationalized Internet-based material rules.
  • The 17th edition reduced Internet citation categories from three to two:
    • Direct citations of material accessible only online.
    • Parallel citations to facilitate access to material distributed in print but not widely available in that form.
  • Electronic and nonprint resources were broken out of Rule 17 and placed in a new Rule 18 in a recent edition.
  • Rule 18 now covers commercial online systems, public and commercial internet sites, CD-ROM, microform, and more.

🔄 Introductory signals

  • The 17th edition reversed signal rule changes made by the 16th edition.
  • Rule 1.2 now provides as it did prior to 1996.
  • "E.g." is back as a separate signal.
  • "Contra" is restored.
  • Don't confuse: these signals had been changed in the 16th edition but were reverted in the 17th.

✂️ Case name abbreviations

  • Rule 10.2.2 no longer spares the first or only word of a party name from abbreviation if it appears in the table of abbreviated words (T.6).
  • The table of abbreviated words (T.6) has been expanded.
  • Example: Previously, the first word of a party name might have been protected from abbreviation; now it must be abbreviated if it appears in T.6.

🌐 Vendor- and medium-neutral citations

  • Rule 10.3.3 acknowledges the spreading phenomenon of court-adopted vendor- and medium-neutral citation systems.
  • The rule requires the use of such a system where the jurisdiction has adopted one.
  • Rule 10.3.1(b) requires the addition of a parallel citation to a regional reporter even though the rule establishing a vendor, medium-neutral citation system may not require it.

👥 Listing of authors

  • Previously, The Bluebook insisted on using "et al." rather than a full listing of author names when a book had more than two authors.
  • Revised Rule 15.1.1 loosens this restriction to permit a full list when "the names of the authors are relevant."

🗂️ Cross-reference structure

🗂️ Organization by citation type

The table organizes references by the type of legal material being cited:

Citation TypeGuide Section PrefixExample Bluebook References
Electronic sources§ 2-110B10, 18.2–18.4
Cases§ 2-210, § 2-220, § 2-230, § 2-240B4, Rule 10, T1, T6, T7, T10
Constitutions§ 2-310B6, Rule 11, T1
Statutes§ 2-320, § 2-340B5, Rule 12, T1
Regulations§ 2-410, § 2-420B5, Rule 14, T1
Books§ 2-710B8, Rule 15
Journal articles§ 2-810, § 2-820B9, Rule 16, T13

🔢 Section numbering pattern

  • The guide uses a hierarchical numbering system (e.g., § 2-210, § 2-220).
  • Sections ending in "10" typically cover "Most Common Form."
  • Sections ending in "20" typically cover "Variants and Special Cases."
  • Example: § 2-210 covers case citations in most common form, while § 2-220 covers variants and special cases.

📋 Specific citation categories mapped

⚖️ Case citations

  • Most common form (§ 2-210): maps to B4, Rule 10, including case names (10.2), reporters (10.3), court and jurisdiction (10.4), date (10.5), and tables T1, T6, T7, T10.
  • Variants and special cases (§ 2-220): maps to Rule 10 and 10.8 Special Citation Forms.
  • Medium-neutral citations (§ 2-230): maps to Rule 10, 10.3.3 Public Domain Format.
  • Conditional items (§ 2-240): maps to Rule 10, 10.6 Parenthetical Information, 10.7 Prior and Subsequent History, T8 Explanatory Phrases.

📜 Statutory and constitutional materials

  • Constitution citations (§ 2-310): maps to B6, Rule 11, T1 United States Jurisdictions.
  • Statute citations – most common form (§ 2-320): maps to B5, Rule 12, 12.2 Choosing the Proper Citation Form, 12.3 Current Official and Unofficial Codes, T1.
  • Statute citations – variants (§ 2-340): maps to Rule 12, 12.4 Session Laws, 12.9 Special Citation Forms, T1.
  • Local ordinance citations (§ 2-350): maps to Rule 12, 12.9.2 Ordinances.
  • Treaty citations (§ 2-360): maps to Rule 21, 21.4 Treaties and Other International Agreements.

🏛️ Administrative and agency materials

The table provides mappings for multiple types of agency materials:

  • Regulation citations – most common form (§ 2-410): B5, Rule 14, 14.2 Rules, Regulations, and Other Publications, T1.
  • Regulation citations – variants (§ 2-420): Rule 14, 14.2, T1.
  • Agency adjudication citations (§ 2-450): Rule 14, 14.3 Administrative Adjudications and Arbitrations, T1.
  • Agency report citations (§ 2-470): Rule 14, 14.2, T1.
  • Executive orders and proclamations (§ 2-480): Rule 14, 14.2, T1.
  • Attorney general and other advisory opinions (§ 2-490): Rule 14, 14.2, T1.
  • Arbitrations (§ 2-500): Rule 14, 14.3, T1.

📖 Secondary sources

  • Book citations – most common form (§ 2-710): maps to B8, Rule 15, covering author (15.1), editor or translator (15.2), title (15.3), edition, publisher, and date (15.4).
  • Works by institutional authors (§ 2-720(1)): Rule 15, 15.1(c) Institutional authors.
  • Services (§ 2-720(2)): Rule 19, 19.1 Citation Form for Services, T15 Services.
  • Restatements (§ 2-720(3)): Rule 12, 12.9.5 Model Codes, Restatements, Standards, and Sentencing Guidelines.
  • Annotations (§ 2-720(4)): Rule 16, 16.7.6 Annotations.
  • Journal article citations – most common form (§ 2-810): B9, Rule 16, covering author (16.2), title (16.3), consecutively paginated journals (16.4), nonconsecutively paginated journals and magazines (16.5), T13 Periodicals.
  • Journal article citations – variants (§ 2-820): Rule 16, same subsections as § 2-810.

🔧 Technical citation mechanics

🔤 Abbreviation conventions

The table maps several sections to abbreviation rules:

  • Words abbreviated in case names (§ 4-100): Rule 10, 10.2.1 General Rules, 10.2.2 Additional Rules, T6 Case Names, T10 Geographical Terms.
  • Words used in case histories (§ 4-200): T8 Explanatory Phrases.
  • Words omitted in case names (§ 4-300): Rule 10, 10.2.1, 10.2.2, T6.
  • Reporters and courts (§ 4-400): T1 United States Jurisdictions.
  • Territorial abbreviations (§ 4-500): T10 Geographic Terms.
  • Months (§ 4-600): T12 Months.
  • Frequently cited journals (§ 4-700): T13 Periodicals.

⚙️ Formatting rules

  • Spacing between abbreviated words (§ 4-810): Rule 6, 6.1(a) Spacing.
  • Periods in abbreviations (§ 4-820): Rule 6, 6.1(b) Periods.
  • Underlining and italics (§ 5-000): B1.

📝 Citation context and usage

  • Quoting (§ 6-100): B12, Rule 5, covering formatting of quotations (5.1), alterations and quotations within quotations (5.2), omissions (5.3).
  • Citations and related text (§ 6-200): B2.
  • Signals (§ 6-300): B3, Rule 1, 1.2 Introductory Signals.
  • Order (§ 6-400): B3.5, Rule 1, 1.3 Order of Signals, 1.4 Order of Authorities Within Each Signal.
  • Short forms (§ 6-500): B4.2.

📄 Court documents

  • Documents from earlier stages of a case (§ 2-900): maps to B7, BT1 Court Documents.
  • Court rules (§ 2-600): maps to Rule 12, 12.9.3 Rules of Evidence and Procedure.
45

§ 7-400 . Cross Reference Table: ALWD Manual

§ 7-400 . Cross Reference Table: ALWD Manual

🧭 Overview

🧠 One-sentence thesis

This section provides a comprehensive cross-reference mapping between topics covered in a legal citation guide and their corresponding treatments in the ALWD Citation Manual (4th ed. 2010).

📌 Key points (3–5)

  • What the table does: maps each section of the source work to specific rules, sections, and appendices in the ALWD Citation Manual.
  • Coverage scope: includes citations for cases, statutes, regulations, administrative materials, books, journals, quotations, signals, abbreviations, and formatting conventions.
  • How to use it: locate a topic by its section number (e.g., § 2-210 for case citations) and find the corresponding ALWD Manual reference.
  • Common confusion: this is a reference table, not substantive instruction—it points you to where ALWD covers each topic, but does not explain the rules themselves.
  • Why it matters: allows users familiar with one citation system to quickly locate equivalent guidance in the ALWD Manual.

📚 Structure and organization

📚 How the table is organized

  • Each entry begins with a section number and title from the source work (e.g., "§ 2-210. Case Citations – Most Common Form").
  • Immediately below, the table lists the corresponding ALWD Citation Manual section(s) (e.g., "12.0 Cases").
  • The references use the ALWD Manual's numbering system: whole numbers for major sections (e.g., "12.0"), decimals for subsections (e.g., "12.12"), and "App." for appendices (e.g., "App. 3 General Abbreviations").

🗂️ Topic categories covered

The table organizes references into several broad categories:

CategoryExample topicsALWD references
FundamentalsWhat and why citation matterspp. 3-8
Primary sourcesCases, statutes, constitutions, regulationsSections 12.0–21.0
Secondary sourcesBooks, journals, annotations, RestatementsSections 22.0–28.0
AbbreviationsCase names, courts, reporters, monthsSection 2.0, Appendices 3–5
FormattingQuotations, signals, order, italicsSections 1.0, 43.0–49.0
Electronic sourcesWestlaw, LexisNexis, websites, emailSections 38.0–42.0

🏛️ Primary legal sources

⚖️ Case citations

§ 2-210. Case Citations – Most Common Form → ALWD Citation Manual: 12.0 Cases

  • The most common form of case citation is covered in ALWD section 12.0.
  • Variants and special situations are addressed in multiple subsections:
    • Cases published only on electronic databases: 12.12
    • Unreported cases: 12.13
    • Table cases and Federal Appendix cases: 12.14
    • Internet-only cases: 12.15
    • Looseleaf service cases: 12.17

Don't confuse: "Most common form" (§ 2-210) vs. "Variants and special cases" (§ 2-220)—the first covers standard published cases, while the second addresses non-standard publication formats and platforms.

⚖️ Medium-neutral citations

§ 2-230. Medium-Neutral Case Citations → ALWD Citation Manual: 12.6 Neutral Citations

  • Medium-neutral (or "public domain") citations are covered in ALWD subsection 12.6.
  • These citations do not depend on a particular commercial reporter.
  • Example context: some jurisdictions require or permit neutral citations that work across print and electronic formats.

📜 Statutes and constitutions

  • Constitutions (§ 2-310) → ALWD 13.0 Constitutions
  • Statutes – most common form (§ 2-320) → ALWD 14.0 Statutory Codes, Session Laws, and Slip Laws
  • Statute variants (§ 2-340) → also ALWD 14.0
  • Local ordinances (§ 2-350) → ALWD 18.0 Local Ordinances
  • Treaties (§ 2-360) → ALWD 21.0 Treaties and Conventions

The table shows that ALWD section 14.0 covers both standard and variant statute citations, while specialized legal instruments (ordinances, treaties) have dedicated sections.

🏢 Administrative and executive materials

  • Regulations – most common form (§ 2-410) → ALWD 19.0 (federal) and 20.0 (state)
  • Regulation variants (§ 2-420) → same sections (19.0 and 20.0)
  • Agency adjudications (§ 2-450) → ALWD 19.5 (federal agency decisions) and 20.5 (state agency decisions)
  • Agency reports (§ 2-470) → ALWD 19.14 and 20.10 (other administrative materials)
  • Executive orders and proclamations (§ 2-480) → ALWD 19.9 (federal) and 20.9 (state)
  • Attorney General opinions (§ 2-490) → ALWD 19.7 (federal) and 20.7 (state)

Pattern to notice: ALWD consistently uses section 19.0 for federal administrative materials and section 20.0 for state administrative materials, with decimal subsections for specific document types.

⚖️ Court rules and arbitrations

  • Court rules (§ 2-600) → ALWD 17.0 Court Rules, Ethics Rules and Opinions, and Jury Instructions
  • Arbitrations (§ 2-500) → [Not covered] in ALWD Manual

Important gap: The table explicitly notes that arbitration citations are not covered in the ALWD Manual—users must look elsewhere for guidance on this topic.

📖 Secondary sources and practice materials

📚 Books and treatises

§ 2-710. Book Citations – Most Common Form → ALWD Citation Manual: 22.0 Books, Treatises, and Other Nonperiodic Materials

  • Standard book citations are in ALWD section 22.0.
  • Related specialized materials have their own sections:
    • Institutional authors (§ 2-720(1)) → ALWD 22.0, plus 25.0 (legal dictionaries) and 26.0 (legal encyclopedias)
    • Looseleaf services (§ 2-720(2)) → ALWD 28.0
    • Restatements (§ 2-720(3)) → ALWD 27.0 (also covers Model Codes, Uniform Laws, and Sentencing Guidelines)
    • A.L.R. Annotations (§ 2-720(4)) → ALWD 24.0

📰 Journal articles

  • Most common form (§ 2-810) → ALWD 23.0 Legal and Other Periodicals
  • Variants and special cases (§ 2-820) → also ALWD 23.0

Both standard and variant journal citations are covered in the same ALWD section (23.0).

📄 Court documents and records

§ 2-900. Documents from Earlier Stages of a Case → ALWD Citation Manual: 29.0 Practitioner and Court Documents, Transcripts, and Appellate Records

  • Covers briefs, motions, transcripts, and other litigation documents.
  • These are distinct from published opinions and require different citation formats.

🔤 Abbreviations and formatting

🔤 Abbreviation rules

The table maps several abbreviation topics to ALWD section 2.0 and its appendices:

TopicSection referenceALWD location
Words in case names§ 4-1002.0, 12.2, App. 3
Case history words§ 4-20012.8
Words omitted in case names§ 4-30012.2
Reporters and courts§ 4-4002.0, 12.4, 12.6, App. 4
Territorial abbreviations§ 4-5002.0, App. 3
Months§ 4-6002.0, App. 3
Journal abbreviations§ 4-7002.0, App. 5

✏️ Spacing and periods

  • Spacing between abbreviated words (§ 4-810) → ALWD 2.2 Spacing for Abbreviations
  • Periods in abbreviations (§ 4-820) → ALWD 2.0 Abbreviations, App. 3

Example: these rules determine whether to write "U.S." or "US" and whether to use spaces in "N.Y." or "N. Y."

🖋️ Typeface conventions

§ 5-000. Underlining and Italics → ALWD Citation Manual: 1.0 Typeface for Citations

  • Covers when to use italics, underlining, or plain text in citations.
  • This is a fundamental formatting rule that affects how case names, book titles, and signals appear.

💬 Quotations and citation placement

💬 Quoting rules

§ 6-100. Quoting → ALWD Citation Manual: 47.0 Quotations, 48.0 Altering Quoted Material, 49.0 Omissions within Quoted Material

  • ALWD divides quotation guidance into three sections:
    • 47.0: basic quotation formatting
    • 48.0: how to indicate alterations (brackets, emphasis added, etc.)
    • 49.0: how to show omissions (ellipses)
  • These rules govern block quotes, quotation marks, and modifications to quoted text.

📍 Citation placement and signals

  • Citations and related text (§ 6-200) → ALWD 43.0 Citation Placement and Use
  • Signals (§ 6-300) → ALWD 44.0 Signals
  • Order of authorities (§ 6-400) → ALWD 45.0 Order of Cited Authorities

How these work together:

  • Section 43.0 tells you where to put citations (in-text vs. footnotes, sentence placement).
  • Section 44.0 explains signals like "see," "cf.," "but see" that indicate the relationship between your text and the cited authority.
  • Section 45.0 governs the sequence when you cite multiple authorities in one citation string.

🔗 Short forms

§ 6-500. Short Forms → ALWD Citation Manual: 11.0 Introduction to Full and Short Citation Formats

  • Short forms are abbreviated citations used after the first full citation (e.g., "Id." or case name only).
  • ALWD section 11.0 introduces the distinction between full and short citation formats.
  • This is a foundational concept that applies across all citation types.

💻 Electronic sources

💻 Core elements for electronic citations

§ 2-110. Electronic Sources – Core Elements → ALWD Citation Manual: 38.0 General Information about Online and Electronic Citation Formats, 39.0 Westlaw and LexisNexis, 40.0 World Wide Web Sites, 41.0 Electronic Mail and Messages, 42.0 CD-ROMs and E-Readers

  • ALWD dedicates five sections (38.0–42.0) to electronic sources.
  • 38.0 provides general principles applicable to all online citations.
  • 39.0 covers the two major legal databases (Westlaw and LexisNexis).
  • 40.0 addresses general websites.
  • 41.0 covers email and electronic messages.
  • 42.0 addresses physical electronic media (CD-ROMs) and e-readers.

Why this matters: electronic sources often lack traditional page numbers and publication dates, requiring special citation conventions like pinpoint citations to paragraphs or screen numbers.

🗺️ How to use this table

🗺️ Practical workflow

  1. Identify your topic in the source work by section number (e.g., you need to cite a federal regulation).
  2. Find the corresponding entry in the table (§ 2-410 for regulation citations).
  3. Note the ALWD reference (19.0 Federal Administrative and Executive Materials).
  4. Consult the ALWD Manual at that section for detailed rules and examples.

🗺️ When the table shows multiple references

  • Some entries list several ALWD sections because the topic spans multiple rules.
  • Example: § 2-720(1) (works by institutional authors) points to ALWD 22.0 (general books), 25.0 (dictionaries), and 26.0 (encyclopedias).
  • What to do: check all listed sections to find the one matching your specific source type.

🗺️ Limitations of the table

  • The table is a finding aid, not a substitute for the ALWD Manual itself.
  • It does not reproduce the actual citation rules, examples, or explanations.
  • One topic (arbitrations, § 2-500) is explicitly marked "[Not covered]" in ALWD—users must consult other sources for that citation format.
46

§ 7-500. Table of State-Specific Norms and Practices

§ 7-500 . Table of State-Specific Norms and Practices

🧭 Overview

🧠 One-sentence thesis

This section provides a comprehensive directory linking to citation forms, examples, and explicit rules for cases, statutes, and regulations across all fifty U.S. states and the District of Columbia, enabling practitioners to locate jurisdiction-specific citation requirements.

📌 Key points (3–5)

  • What the section contains: Links to citation forms for cases, statutes, and regulations in each jurisdiction, plus examples drawn from that jurisdiction's highest court and any explicit citation rules.
  • Structure: Organized alphabetically by state; each entry includes four categories: Cases, Statutes, Regulations, and Examples and Rules.
  • Common confusion: The excerpt itself is a table of contents and navigation page—it does not contain substantive citation rules, only pointers to where those rules may be found.
  • Why it matters: Practitioners must comply with jurisdiction-specific citation conventions; this section serves as a central index to those conventions.

📂 Structure and organization

📂 What the table provides

Table of State-Specific Citation Norms and Practices: A directory that "provides links to the citation forms for cases, statutes, and regulations in all fifty states and the District of Columbia."

  • Each state entry includes four linked categories:
    • Cases: Citation format for judicial opinions.
    • Statutes: Citation format for codified law.
    • Regulations: Citation format for administrative rules.
    • Examples and Rules: Sample citations from the state's highest court and any explicit citation rules governing briefs and memoranda.
  • The excerpt lists all fifty states and D.C. in alphabetical order, with hyperlinks to detailed subsections.
  • Example: "Alabama [ Cases ] [ Statutes ] [ Regulations ] [ Examples and Rules ]"

🗂️ How to use the table

  • The table is a navigation tool, not a substantive rule.
  • A practitioner researching citation requirements for a particular state would:
    1. Locate the state in the alphabetical list.
    2. Click the relevant category (Cases, Statutes, Regulations, or Examples and Rules).
    3. Review the detailed citation forms and examples in the linked subsection.
  • Don't confuse: The table itself does not teach citation rules; it points to where those rules are documented.

📋 Examples of state-specific citation content

The excerpt includes detailed examples for several states. Below are summaries of the types of information provided.

📋 Alabama

  • Supreme Court citation practice: Examples drawn from White-Spunner Constr., Inc. v. Constr. Completion Co., LLC, 103 So. 3d 781 (Ala. 2012).
  • Citation rule: Alabama Rule of Appellate Procedure 28 requires citations to comply with either The Bluebook or ALWD Citation Manual, or to follow the style used in Alabama Supreme Court opinions.
  • Example citation: "As required by § 39-1-1(a), Ala. Code 1975, White-Spunner subsequently obtained two payment bonds..."
  • Regulations cited as: "COMAR 14.03.01.04."

📋 Alaska

  • Supreme Court citation practice: Examples from State v. Dupier, 118 P.3d 1039 (Alaska 2005).
  • Citation rule: Alaska Rule of Appellate Procedure 212(c) requires full and complete citations; Georgia citations must include volume and page of official Georgia reporters.
  • Example: "The State charged the fishers with possessing commercially taken fish in state waters without having a valid interim-use permit, in violation of 20 AAC 05.110."
  • Statutes cited as: "AS 16.43.210(a)."
  • Regulations cited as: "Ga. Comp. R. & Regs. r. 480-1 et seq."

📋 Arizona

  • Supreme Court citation practice: Examples from Ry-Tan Constr., Inc. v. Wash. Elem. Sch. Dist. No. 6, 210 Ariz. 419, 111 P.3d 1019 (2005).
  • Citation rule: Arizona Rule of Civil Appellate Procedure 13(a) requires citation to both official and regional reporters for Arizona cases; foreign cases may cite regional reporters only.
  • Example: "Section 27 of the Restatement (Second) of Contracts provides that: Manifestations of assent..."
  • Regulations cited as: "A.A.C. R7-2-1002.A."

📋 Arkansas

  • Supreme Court citation practice: Examples from Hinojosa v. State, 2009 Ark. 301.
  • Citation rule: Arkansas Supreme Court Rule 4-2(a) requires citation to official reports; after July 1, 2009, public-domain citation (year, court abbreviation, sequential number) is mandatory.
  • Example: "Hinojosa filed a motion to suppress, contending that his statements and the physical evidence were illegally seized..."
  • Statutes cited as: "Ark. Code Ann. § 27-14-716."
  • Regulations cited as: "89 Ill. Adm. Code § 102.200."

📋 California

  • Supreme Court citation practice: Examples from Zuckerman v. Bd. of Chiropractic Exam'rs, 29 Cal. 4th 32, 53 P.3d 119, 124 Cal. Rptr. 2d 701 (2002).
  • Citation rule: California Court Rule 1.200 allows citation in either California Style Manual or Bluebook style, but the same style must be used consistently throughout the document.
  • Example: "Under California law, the State Board of Chiropractic Examiners (Board) may discipline any chiropractor who engages in professional misconduct."
  • Statutes cited as: "Cal. Code Regs., tit. 16, § 317.5."

📋 Colorado

  • Supreme Court citation practice: Examples from Colo. Oil & Gas Conservation Comm'n v. Grand Valley Citizens' Alliance, 2012 CO 52, 279 P.3d 646.
  • Citation rule: Colorado Chief Justice Directive 12-01 establishes a public-domain citation format (year, court designator, sequential number) with numbered paragraphs; parallel citation to Pacific Reporter is required.
  • Example: "¶1 Grand Valley Citizens' Alliance, along with Cary Weldon, Ruth Weldon, Wesley Kent, Marcia Kent, and Western Colorado Congress (collectively, 'GVC') filled a complaint..."
  • Regulations cited as: "2 Colo. Code Regs. § 404-1:303.a."

📋 Connecticut

  • Supreme Court citation practice: Examples from Ruffin v. Dep't of Pub. Works, 50 Conn. Supp. 98, 914 A.2d 617 (2006).
  • Citation rule: Connecticut Rule of Appellate Procedure 67-11 requires citation to official reporter first (if available), followed by regional reporter; in argument, cite official reporter only.
  • Example: "The failure to place the plaintiff's name on the reemployment list for those laid off and to have hired her from it cannot be considered in excess of statutory authority..."
  • Statutes cited as: "General Statutes § 5-241(a)."
  • Regulations cited as: "Regs., Conn. State Agencies § 5-241-2."

📋 Delaware

  • Supreme Court citation practice: Examples from Del. Bd. of Nursing v. Gillespie, 41 A.3d 423 (Del. 2012).
  • Citation rule: Delaware Supreme Court Rule 14(g) requires citation in Bluebook form, with no parallel citations; unreported opinions cited by LEXIS, Westlaw, or Delaware citation form.
  • Example: "Any physician, and any other person in the healing arts including any person licensed to render services in medicine, osteopathy, dentistry..."
  • Statutes cited as: "Del.Code Ann. tit. 16, § 903."
  • Regulations cited as: "24 Del. Admin. Code § 1900-10.4.1."

📋 District of Columbia

  • Supreme Court citation practice: Examples from Dorsey v. District of Columbia, 917 A.2d 639 (D.C. 2007).
  • Citation rule: D.C. Court of Appeals Rule 28(g) permits citation of published opinions; unpublished opinions may be cited only in limited circumstances (law of the case, res judicata, etc.).
  • Example: "D.C. Code § 50-2303.03 (b) (2001 & 2006 Supp.) requires that '[a] duplicate of each notice of infraction shall be served on the person to whom it is issued'..."
  • Regulations cited as: "18 DCMR §3000.7."

📋 Florida

  • Supreme Court citation practice: Examples from North Lauderdale v. SMM Properties, Inc., 825 So. 2d 343 (Fla. 2002).
  • Citation rule: Florida Rule of Appellate Procedure 9.800 prescribes a uniform citation system; citations to Florida cases must include official reporter (if available) or Florida Law Weekly if not yet published.
  • Example: "Pursuant to Florida law, 'first response medical aid' is considered one of the routine duties of a firefighter..."
  • Statutes cited as: "§§ 401.435(1), 633.35(2), Fla. Stat."
  • Regulations cited as: "Fla. Admin. Code R. 4A-37.055(21)."

🔍 Common features across jurisdictions

🔍 Parallel citations

  • Many states require or encourage parallel citation to both official and regional reporters.
  • Example: Arizona requires citation to both official and regional reporters for Arizona cases.
  • Example: California requires citation to official reporter first, followed by regional reporter.
  • Don't confuse: Some states (e.g., Delaware) prohibit parallel citations; others (e.g., Colorado) require them.

🔍 Public-domain citations

  • Several states have adopted public-domain (media-neutral) citation formats, typically consisting of year, court abbreviation, and sequential number.
  • Example: Colorado uses "2012 CO 52" for the 52nd published opinion of 2012.
  • Example: Arkansas uses "2009 Ark. 301" for the 301st opinion of 2009.
  • These formats support electronic research and reduce reliance on commercial publishers.

🔍 Paragraph numbering

  • States with public-domain citation often number paragraphs consecutively throughout the opinion.
  • Example: Colorado Directive 12-01 requires paragraph numbering beginning with "¶1."
  • Example: Arkansas Rule 4-2(a) requires pinpoint citations to paragraph numbers.
  • Paragraph numbers enable precise pinpoint citations without reference to page numbers.

🔍 Unpublished opinions

  • Many states restrict or prohibit citation of unpublished opinions.
  • Example: D.C. Court of Appeals Rule 28(g) permits citation of unpublished opinions only in limited circumstances (law of the case, res judicata, etc.).
  • Example: Florida Rule of Appellate Procedure 9.800 does not address unpublished opinions in the excerpt.
  • Don't confuse: Rules vary widely; some states permit citation with restrictions, others prohibit it entirely.

🔍 Statutes and regulations

  • Citation forms for statutes and regulations vary by state.
  • Example: Alabama statutes cited as "§ 39-1-1(a), Ala. Code 1975."
  • Example: Alaska statutes cited as "AS 16.43.210(a)."
  • Example: Arizona regulations cited as "A.A.C. R7-2-1002.A."
  • Example: Arkansas regulations cited as "89 Ill. Adm. Code § 102.200."
  • Practitioners must consult the relevant state's citation rules to ensure compliance.

📖 How to interpret the examples

📖 Examples from highest court opinions

  • Each state entry includes examples drawn from a decision of the state's highest court.
  • These examples illustrate the citation style used by the court itself.
  • Example: Alabama's example is from White-Spunner Constr., Inc. v. Constr. Completion Co., LLC, 103 So. 3d 781 (Ala. 2012).
  • Example: Alaska's example is from State v. Dupier, 118 P.3d 1039 (Alaska 2005).
  • The examples show how the court cites statutes, regulations, and prior cases.

📖 Explicit citation rules

  • Each state entry includes a link to any explicit citation rules governing briefs and memoranda.
  • Example: Alabama Rule of Appellate Procedure 28 requires citations to comply with The Bluebook or ALWD Citation Manual.
  • Example: Arizona Rule of Civil Appellate Procedure 13(a) requires citation to both official and regional reporters.
  • Example: Arkansas Supreme Court Rule 4-2(a) requires citation to official reports and public-domain citation after July 1, 2009.
  • These rules are binding on practitioners filing documents in the relevant jurisdiction.

📖 Relationship between examples and rules

  • The examples illustrate how the court applies its own citation rules.
  • Practitioners should follow the explicit rules, using the examples as models.
  • Don't confuse: The examples are illustrative, not prescriptive; the rules are prescriptive.

⚠️ Limitations of the excerpt

⚠️ What the excerpt does not contain

  • The excerpt is a table of contents and navigation page.
  • It does not contain the full text of citation rules for any state.
  • It does not provide detailed guidance on how to apply citation rules in specific contexts.
  • It does not address citation of secondary sources (e.g., treatises, law review articles) in state courts.

⚠️ What practitioners must do

  • Practitioners must follow the links to the detailed subsections for each state.
  • Practitioners must consult the explicit citation rules for the relevant jurisdiction.
  • Practitioners must review examples from the state's highest court to understand how the rules are applied.
  • Practitioners must ensure that their citations comply with the jurisdiction's requirements.