Copyright 2003, Darby Dickerson. Permission given to use for educational purposes. Notable Differences between ALWD (3d) and Bluebook (18th)... for law review members and research assistants

Tips for Using the Bluebook Use the “Quick Reference: Law Review Footnotes” inside the front cover.  Do not use the Quick Reference in the back. Use the index to find pertinent rules. Consult ALWD if you need clarification; most rules are similar.

Signals (BB 1.2; ALWD 44) The definitions of signals in ALWD and the Bluebook are very similar, but read them carefully. Under Bluebook form:  Insert a comma whenever “e.g.,” is used (ALWD does not use the comma).  When you move from one category of signal to another, insert a period (in ALWD, you would use semicolons).

Order of Authorities (BB 1.4; ALWD 45) Federal district courts: Treat as one court and put in reverse chronological order. (In ALWD, courts are first ordered alphabetically, then in reverse chronological order.) Federal courts of appeals: Treat as one court and put in reverse chronological order. (In ALWD, courts are first ordered by ordinal, then in reverse chronological order.)

Related Authority (BB 1.6; ALWD 46) Append related authority with an italicized explanatory phrase (in ALWD, related authority is included within a parenthetical and is not italicized), unless a particular primary source discusses, quotes, cites, or otherwise mentions the source, then include the information in an explanatory parenthetical like ALWD:  S TATUTE, construed in Case One  Case One (construing S TATUTE )

Typeface: Small caps (BB 2; ALWD 1) The Bluebook uses large and small capital letters for the following sources (ALWD does not use this typeface at all, but explains it in Rule 23):  Constitutions: Abbreviations (CAL. CONST.)  Statutes: Statutory abbreviation (FLA. STAT.)  Books: Author names and titles (AUTHOR, TITLE OF BOOK 55–56 (2005).  Periodicals: Periodical abbreviation (MICH. L. REV.)  Restatements: Title (RESTATEMENT (SECOND) OF TORTS)

Typeface: Cases (BB 2; ALWD 1) Bluebook:  Full case names in textual sentences: italicize  Full case names in citations: regular type; no italics (exception: procedural phrases)  Short case names in the text and citations: italicize In ALWD, case names are always italicized.

Volume numbers (BB 3.1; ALWD 22) Under the Bluebook, place the volume number for a book before the author’s name:  1 A UTHOR N AME, B OOK T ITLE 105 (2005). In ALWD, the volume appears after the book title, like other subdivisions:  Author Name, Book Title vol. 1, 105 (Publisher name 2005).

Page Spans (BB 3.1; ALWD 5) Under the Bluebook, drop repetitious digits, but always retain two digits on the right hand side:  1354–57  101–05  Note: This rule does not apply to section or paragraph numbers. ALWD gives the same option and the option to retain all digits

Internal Cross-References (BB 3.6; ALWD 10) The rules are very similar, but under the Bluebook, spell out “note” or “Part”:  BB: Infra note 45 and accompanying text.  ALWD: Infra n. 45 and accompanying text.

Id. (BB 4.1; ALWD 11.3) The rules are very similar; however, the Bluebook has a “5 id.” rule that ALWD does not.  Under the Bluebook, do not use id. or another short form unless “it can be readily found in one of the preceding five footnotes” (emphasis in original) Bluebook Rules 10.9 and 12.9 contain this “5 footnote” rule.

Quotations (BB 5; ALWD 47) The Bluebook has a stricter rule and says to block indent when fifty or more words are quoted. ALWD says to block indent when the quotation spans more than four typed lines of text or exceeds fifty words.

Abbreviations (BB 6.1; ALWD 2) The spacing rules are virtually identical. The lists of specific abbreviations in tables differ. The Bluebook sometimes uses a format that includes an apostrophe. BB examplesALWD examples  Comm’nCommn.  Dep’tDept.  Env’tEnv.  Int’lIntl.  Nat’lNatl.

Capitalization (BB 8; ALWD 3) Most capitalization rules are consistent. Two differences to watch out for:  Under the Bluebook, do not capitalize prepositions unless they are five or more letters long.  Under the Bluebook, do not capitalize “Court” when referring to a state supreme court.

Cases (BB 10; ALWD 12) Remember the typeface differences discussed earlier. Remember the differences in abbreviations for words in case names. Under the Bluebook, you may, but are not required, to note the district or department for state intermediate courts (Rule 10.4(b)).  ALWD requires the district or department to be noted.

Cases - continued Under Bluebook Rule 10.5, “[w]hen citing a case with several different decisions in the same year, include the year only with the last-cited decision in that year.”  So, if the F. Supp. decision and the F.2d decision were both 2005, include the date only with the F.2d decision. Under ALWD, include the date for each decision, even if the dates are the same.

Cases on Electronic Databases (BB ; ALWD 12.12) Under the Bluebook, include the docket number as part of the citation:  Case X, No. ABC-123, 2003 U.S. App. LEXIS 789, at *2 (3d Cir. Jan. 10, 2003). ALWD deletes the document number.

Constitutions (BB 11; ALWD 13) The forms are identical, except for typeface.  BB:U.S. C ONST. art I.  ALWD: U.S. Const. art. I.

Restatements (BB ; ALWD 27) The forms are virtually identical, except for typeface.  BB: R ESTATEMENT (T HIRD ) OF U NFAIR C OMPETITION § 3 (1995).  ALWD: Restatement (Third) of Unfair Competition § 3 (1995).

Books (BB 15; ALWD 22) Remember the typeface differences. Remember volume placement. Typically do not include the publisher in a Bluebook citation; do include publisher in ALWD citation format.

Periodicals (BB 16; ALWD 23) Remember the typeface differences. There are a few periodical abbreviations that differ; look each up to ensure accuracy.  BB: Kenneth R. Feinberg, Mediation—A Preferred Method of Dispute Resolution, 16 P EPP. L. R EV. 5, 14 n.19 (1989).  ALWD: Kenneth R. Feinberg, Mediation—A Preferred Method of Dispute Resolution, 16 Pepp. L. Rev. 5, 14 n. 19 (1989).

Periodicals - continued The form for nonconsecutively paginated periodicals differs:  BB: Jodi Wilgoren, Prosecution Lays out Case for Harsh Sentencing of B.T.K. Killer in Gory Detail, N.Y. T IMES, Aug. 18, 2005, at A14.  ALWD: Jodi Wilgoren, Prosecution Lays out Case for Harsh Sentencing of B.T.K. Killer in Gory Detail, N.Y. Times A14 (Aug. 18, 2005).

Student-Written Pieces (BB ; ALWD 23.1) The Bluebook uses terms like “Note” and “Comment” to designate student works.  BB: Author, Note, Title, 20 AAA L. R EV. 14, 37 (2003).  ALWD: Author, Student Author, Title, 20 AAA L. Rev. 14, 37 (2003).

Internet (BB 18; ALWD 40) There are slight format differences. The Bluebook has different formats for material posted only on the Web and for material reprinted on the Web (at v. available at formats). As a date option, the Bluebook uses a “last visited” format, which is similar to the ALWD “accessed” format. (And “last visited” should be used instead of “last updated” or “last modified”.)

Summary Use the index to find rules. Check forms with the “Quick Reference” inside the front cover. You may use the examples within the Bluebook as guides for law review footnotes. Consult ALWD for additional explanation if you do not understand the Bluebook rule— but keep typeface differences in mind.