1. Shepard for a Day Pablo Arredondo MAALL 2015

3. Brown v. Dawkes Cro. E. 11 The words “thou art a pillory knave” held actionable. Contradicted by Smith's case Cro. El. 31

5. Susan Nevelow Mart Aaron Kirchenfeld

6. “The lesson to be learned is that, even with online technology and the rigorous taxonomy employed by citation editors... the citation systems are based upon the subjective judgments of human beings. [Citation analysis] is subjective and consequently open to review, criticism, and interpretation.” Paul D. Callister, The "Science" of Citation Analysis?, 91 Ill. B.J. 473, 472-73 (2003)

7. how

12. Exercise Read relevant portion of a case Analyze how that case ‘treats’ a specific cited decision Create a citator entry for the treatment, including a category (e.g. Positive, Distinguishing) and concise explanation/description

13. Implementation Hub and Spoke Variation (each student analyzes unique treatment) One Ultra-Nuanced Relationship (all students analyze one especially rich treatment) WeCite Platform (each student analysis multiple treatments)

14. “The feedback from the students was all positive. I asked if they found the experience to be useful/interesting, and they all agreed it was both.” “…students obviously found [the assignment] thought provoking… [the exercise] had considerable pedagogical value.” “[t]he assignment was a fabulous learning experience for my students because it gave them a better understanding of how to interpret authority (and that authority is, to some extent, made and not found).” Feedback

17. "I rejoice that there are gentlemen of the Bar who are willing to devote their leisure to the correction and ministration of the noble science of the law..."

18. "... I think you would do well to give public notice of your being engaged in this undertaking, as other gentlemen may otherwise engage in the same project."

19. Let’s crowdsource a citator

20. WeCite Project

24. WeCites so far… Launch in September 2015 Over 700 law students participating to date 99 schools represented

25. WeCites so far… Over 70,000 All outgoing cites from Supreme Court majority opinions in last 20 years Currently doing last ten years of outgoing cites from federal appellate

26. Positive — When the citing case (a) explicitly approves the reasoning of the earlier case, (b) states that it’s directly on point, or (c) extends the holding. References — When the citing case simply relies on the earlier case for a point of law without further comment. Distinguishes — When the citing case decides the earlier holding or reasoning doesn't apply because the facts are different. Negative — When the citing case explicitly or implicitly (a) overrules, vacates, abrogates, or reverses the cited decision, in whole or in part, (b) narrows the holding, (c) calls into question whether the earlier decision is good law, (d) explicitly states that it does not find the reasoning to be persuasive.

30. Get Excited EVERYONE’S

33. questions

34. Patti Ogden, "Mastering the Lawless Science of Our Law": A Story of Legal Citation Indexes (1993) 85 Law Libr. J. 1, 18 Laura C. Dabney, “Citators: Past, Present, and Future”, Legal Reference Services Quarterly, Vol. 27(2-3) 2008 Pablo Arredondo, “Shepard for a Day: A Novel Class Exercise for Teahing Citators”, Legal Reference Services Quarterly, 34:239–244, 2015

35. thank you pablo@casetext.com