CHAPTER 10 Validating Your Research: Using Shepard’s and Other Citators

The Bluebook Rule 1.2 – Signals Showing Support No signal: Indicates the cited authority No signal: Indicates the cited authority E.g.: Cited material states the proposition presented in the sentence; other materials also states the same proposition, but a cite is not helpful or necessary E.g.: Cited material states the proposition presented in the sentence; other materials also states the same proposition, but a cite is not helpful or necessary

The Bluebook Rule 1.2 – Signals Showing Support See: Used instead of “no signal” when proposition stated is not exactly stated by the authority cited but clearly follows it See: Used instead of “no signal” when proposition stated is not exactly stated by the authority cited but clearly follows it See also: Cited authority is additional support for the proposition presented See also: Cited authority is additional support for the proposition presented

The Bluebook Rule 1.2 – Signals Showing Support Cf.: Indicates that the cited authority provides material similar to the proposition Cf.: Indicates that the cited authority provides material similar to the proposition Compare: Shows that comparison of the authorities provides support of the proposition presented Compare: Shows that comparison of the authorities provides support of the proposition presented

The Bluebook Rule 1.2 – Signals Showing Contradiction Contra: Cited authority is contrary to the proposition Contra: Cited authority is contrary to the proposition But see: Cited authority supports a position contrary to the proposition But see: Cited authority supports a position contrary to the proposition

The Bluebook Rule 1.2 – Signals Showing Background Material See generally: Cited authority offers background material related to the proposition See generally: Cited authority offers background material related to the proposition

Shepard’s Citations Information provided for case citations: Information provided for case citations: Parallel cites Parallel cites Cites to same case if subject of published opinions of other courts Cites to same case if subject of published opinions of other courts Cites to all cases discussing your case Cites to all cases discussing your case Description of how other cases have considered your case citation Description of how other cases have considered your case citation Cites to certain secondary sources discussing your citation Cites to certain secondary sources discussing your citation

Shepard’s Citations Information provided for statute citations: Information provided for statute citations: Whether statute has been amended or repealed Whether statute has been amended or repealed Cites to case law discussing statute Cites to case law discussing statute Description of how case law has considered the statute Description of how case law has considered the statute Cites to certain secondary sources discussing the statute Cites to certain secondary sources discussing the statute

Shepard’s Citators in Print Shepard’s United States Citations Shepard’s United States Citations Shepardizes U.S. Supreme Court cases Shepardizes U.S. Supreme Court cases Shepard’s Federal Citations Shepard’s Federal Citations Shepardizes federal district court and appellate court decisions Shepardizes federal district court and appellate court decisions Federal Supplement Federal Supplement Federal Reporters Federal Reporters

Shepard’s Citators in Print (continued) Citators for each of the regional reporters Citators for each of the regional reporters Citators for state case reporters Citators for state case reporters

Shepard’s Citations Information Provided About Cases Whether a cases has been overruled by a subsequent case Whether a cases has been overruled by a subsequent case Whether a cases has been criticized by a subsequent case Whether a cases has been criticized by a subsequent case Whether a cases has been approved by a subsequent case Whether a cases has been approved by a subsequent case Whether a cases has been questioned by a subsequent case Whether a cases has been questioned by a subsequent case Whether a cases has been cited in dissent of a subsequent case Whether a cases has been cited in dissent of a subsequent case

Shepard’s Citations Abbreviations Shepard’s relies very heavily on abbreviations See Figure 10-4 on page 261 and Figure 10-5 on page 262 for case history and case treatment abbreviations

Shepard’s Citators Updates to Main Volumes Cumulative Supplement (Red paperback) Cumulative Supplement (Red paperback) Annual and Semi-annual Supplement (Gold paperback) Annual and Semi-annual Supplement (Gold paperback) Advance Sheets (White pamphlets) Advance Sheets (White pamphlets) A daily update service is available via fax, the Internet or by telephone A daily update service is available via fax, the Internet or by telephone

Shepard’s Citations Online Available Through LEXIS Information is current so updates are unnecessary Information is current so updates are unnecessary Citing information can be displayed selectively Citing information can be displayed selectively Negative information is highlighted at the beginning Negative information is highlighted at the beginning Normal terminology is used rather than abbreviations Normal terminology is used rather than abbreviations Hyperlinks to authorities are provided Hyperlinks to authorities are provided

Shepard’s Statutory Citators Coverage Constitutions Constitutions Statutes Statutes Codes Codes Administrative Regulations Administrative Regulations Administrative Rules Administrative Rules

Shepard’s Statutory Citators Provides information closely resembling case citations Provides information closely resembling case citations See Figure 10-9 on page 268 of the text for an extensive list of the abbreviations used See Figure 10-9 on page 268 of the text for an extensive list of the abbreviations used Available in print and on-line Available in print and on-line

KeyCite On-line citator available through Westlaw On-line citator available through Westlaw Provides similar information as Shepard’s but includes “depth of treatment stars” Provides similar information as Shepard’s but includes “depth of treatment stars” The amount of stars indicates whether the case was merely mentioned or analysed in depth The amount of stars indicates whether the case was merely mentioned or analysed in depth

Other Electronic Citators Auto-Cite Found on LEXIS Found on LEXIS Provides parallel cites Provides parallel cites Provides history Provides history Provides negative treatment Provides negative treatment DOES NOT list all cited authority DOES NOT list all cited authority

Other Electronic Citators Lexcite Found on LEXIS Found on LEXIS Searches LEXIS database for all case citations Searches LEXIS database for all case citations DOES NOT provide comment or evaluation DOES NOT provide comment or evaluation

Cite Checking Always Verify Citation format Citation format Citation accuracy Citation accuracy Validity of authorities Validity of authorities Accuracy of authorities Accuracy of authorities Use of most up-to-date cases and authorities Use of most up-to-date cases and authorities Citation of quotations Citation of quotations Accuracy of quotations Accuracy of quotations