ABLJ/JLSE Joint Bluebooking Boot Camp ALSB Annual 2016 Conference San Juan, Puerto Rico

20 th Edition If your Bluebook is more than a few years old, get a new one Generally, don’t rely on Westlaw for proper citation form

Rule 1.2: Introductory Signals [no signal]: Cited authority (i) directly states the proposition, (ii) identifies the source of a quotation, or (iii) identifies an authority referred to in the text See is used instead of “[no signal]” when the proposition is not directly stated by the cited authority but obviously follows from it; there is an inferential step between the authority cited and the proposition it supports

Rule 1.2: Introductory Signals See also is commonly used to cite an authority supporting a proposition when authorities that state or directly support the proposition already have been cited or discussed ◦ The use of a parenthetical explanation of the source’s relevance following a citation introduced by “see also” is encouraged See generally: Cited authority presents helpful background material related to the proposition ◦ The use of a parenthetical explanation of the source’s relevance following a citation introduced by “see generally” is encouraged ◦ We generally do not expect a pincite associated with a see generally signal

Structure of Citations Rule 1.3: Order of signals Rule 1.4: Order of authorities within signals Rule 1.5: Order of multiple parentheticals (date) [hereinafter short name] (en banc) (Lastname, J., concurring) (plurality opinion) (per curiam) (alteration in original) (emphasis added) (footnote omitted) (citations omitted) (quoting another source) (citing another source), (explanatory parenthetical), prior or subsequent history

Explanatory Parenthetical Parenthetical information is recommended when the relevance of a cited authority might not otherwise be clear to the reader Explanatory information takes the form of a present participial phrase, a quoted sentence, or a short statement that is appropriate in context

Short Citation Forms Rule 4.1: Never start a footnote with Id. if the previous footnote contains more than one citation ◦ (Don’t count parenthetical citations) ◦ Ok to use Id. inside a footnote to refer to the immediately preceding authority Rule 4.2(a): Never use Supra to refer to a case or statute

The Real Rule of 5 Myth: ◦ After using Id. five times in a row, re-cite the authority in full Reality: ◦ Use the short form citation to a case or statute if it has been cited in any way within the previous five footnotes  Including a short form or parenthetical citation As a general rule, you should avoid multiple consecutive Id.-only footnotes

Short Citation Forms Rule 4.2(b): Use “hereinafter” to create a short-form name when it would be cumbersome to cite the authority with the usual “supra” form or for which the regular shortened form may confuse the reader ◦ Generally, use “hereinafter” when citing multiple articles by the same author (or exact same combination of authors) in the same footnote—if you are later going to cite again with supra

Rule 5: Quotations Block any quote with 50 or more words ◦ If block begins with the beginning of an original paragraph, indent first line ◦ Do not block a quote within a footnote parenthetical (even if contains 50+ words) Rule 5.2(d) ◦ Do not indicate the omission of a citation or footnote call number that follows the last word quoted ◦ Do not indicate that emphasis in the quotation appears in the original

Rule 5.2(f): Internal Quotation Marks You can omit internal quotation marks if they begin and end within the quoted material ◦ e.g., The dispositive question is whether “‘the agency’s answer is based on a permissible construction of the statute.’”  Omit the single quote marks (and add an “internal quotation marks omitted” parenthetical) However, do not omit internal quotation marks in a block quote

Rule 5.3: Omissions Never begin a quoted passage with an ellipsis (...) Don’t use an ellipsis when ◦ Individual words are merely altered ◦ Only a portion of the material is quoted as a phrase Use an ellipsis when ◦ Matter within a quote is being omitted, and ◦ The end of a quoted sentence is being omitted

Rule 5.3: Omissions If your footnote explanatory parenthetical begins with unquoted material and then transitions into quoted material, do not end the quoted material with a period ◦ If the original quoted material begins with a capital letter, lower-case it within brackets

Rule 5.3: Omissions Indicate omission of a footnote or a citation within the quoted material with the parenthetical phrase “(footnote(s) omitted)” or “(citation(s) omitted)” immediately following the citation to the quoted source ◦ Do not insert an ellipsis for an omitted footnote or citation

Rule 6.1: Abbreviations N.W.; S.D.N.Y. D.  Mass.; S.  Ct. Geo.  L.J. B.U.  L.  Rev. ◦ No J.L. F.3d; F.  Supp.  2d; F.  App’x NLRB; AARP; FCC  = space

Rule 6.2: Numerals & Symbols Spell out numbers less than 100 ◦ Including percentages ◦ Ok to spell out round numbers such as “hundreds” or “thousands” Do not insert a comma separating thousands for numbers less than 10,000 ◦ e.g., 9999, not 9,999 Use numbers if you have decimals $5 million ok

Rule 6.2: Numerals & Symbols When a series includes numbers both less than 100 and greater than or equal to 100, numerals should be used for the entire series Where material repeatedly refers to percentages or dollar amounts, numerals should be used for those percentages or amounts When a range of pages and footnotes (in a cross-reference), separate with an en-dash (– ), not a dash (-)

Rule 7 Don’t italicize common Latin phrases such as certiorari, habeas corpus, mens rea, prima facie, quid pro quo, and res judicata ◦ Note, however, that cert. denied is italicized under Rule 10.7 and Table 8

Rule 8: Capitalization Headings and titles: ◦ Capitalize words in a heading or title, including the initial word and any word that immediately follows a colon ◦ Do not capitalize articles, conjunctions, or prepositions when they are four or fewer letters, unless they begin the heading or title, or immediately follow a colon ◦ Do this regardless of how original is capitalized (or not) Capitalize specific courts ◦ U.S. Supreme Court ◦ First Circuit Court of Appeals

Rule 10: Cases Always include the case number and full date when citing to an unreported decision Court filings: Brief of Petitioner-Appellant at 48, United States v. Al-Marri, No (7th Cir. Nov. 12, 2003) Use Rule 10.2 for case names ◦ Never use et al. Use Rule 10.9 for case short forms ◦ Never supra

Rule 12: Statutes Cite to U.S.C. not U.S.C.A. At present, use 2012 as statute date unless the specific section cited has been amended or added since ◦ Begin using 2016 as official published volumes are released Never use et seq. ◦ Cite the range of sections  Separated by an en-dash (–), not a dash (-)

Rule 12.10: Statute Short Forms Ok to use Id. ◦ Alone if immediately preceding footnote contains only the same section (and subsection) ◦ Can use Id. § [section #] if immediately preceding footnote contains only a citation to the same title Can omit date if at least the same section was cited within the past 5 footnotes

Rule 16: Periodical Materials Use et al. after the first author’s name if there are more than two authors ◦ Separate two authors with an & (not an “and”) Indicate whether the article is a student Note or Comment If the periodical has no volume number (or uses the publication date instead) but is nonetheless consecutively paginated throughout each volume, use the year of publication as the volume number and omit the parenthetical reference to the year

Rule 16: Periodical Materials Know the difference between different citation forms for consecutively and nonconsecutively paginated journals: ◦ Consecutively paginated: Liz Emens, Integrating Accommodation, 156 U. P A. L. R EV. 839 (2008). ◦ Nonconsecutively paginated: Ben Wittes, Without Precedent, A TLANTIC M ONTHLY, Sept. 2005, at 39, 40.

Rule 18: Internet Sources In general, an internet source is cited very similarly to a journal article Author Name, Title of Piece, D OMAIN [e.g., N.Y. T IMES ] (Date[, Time]), URL Do not use available at for any internet reference Do not use “last visited” unless the piece is undated ◦ Use “last modified” or “last updated” and date if so indicated on web page

Rule 18: Internet Sources If citing to a pdf report available online, use Rule 15 (for Reports) and add the URL at the end (but before explanatory phrase)