Lawyering Skills I
Professor David E. Sorkin

Citation Guide

CONTENTS
Introduction
      The Bluebook
      Typefaces
Basic Citation Forms
      Cases
      Statutes
Citation Sentences and Clauses
      Within a textual sentence
      Citation sentence
      Citation clause
Parenthetical Information
      Explanatory parentheticals
      Other uses of parentheticals
Case History
Short Citation Forms
      id.
      Short forms for cases
      Illegal short forms
      Short forms for statutes
      Short forms for books and law review articles
Signals
      Supporting signals
            [no signal], e.g., accord, see, see also, cf.
      Comparison signal
            compare ... with
      Contradictory signals
            contra, but see, but cf.
      Background signal
            see generally


Introduction

The Bluebook

There are many different sets of citation rules. Legal periodicals, including law reviews, often have their own internal citation rules. Publishers of case reporters and other legal materials typically have their own citation guidelines. Some courts have special citation rules for appellate briefs and court opinions. The citation rules set forth in The Bluebook: A Uniform System of Citation (16th ed. 1996) are probably used more widely than any other system, and are the rules you will be expected to follow in Lawyering Skills I.

The Bluebook has three main sections:

These three additional features can help you to use The Bluebook efficiently:

This Citation Guide isn't intended to be a substitute for The Bluebook; you'll need to consult The Bluebook frequently as you learn its citation rules, and you'll probably continue to use it as a reference afterwards. But this Guide should help you learn some of the tricker aspects of The Bluebook, including those that will be most important in Lawyering Skills I.

Typefaces

One thing to keep in mind is that The Bluebook was designed for law reviews, not for briefs or legal memoranda. The typefaces in most of the examples in the book are those that law reviews use, which are different from those used in typed legal memoranda. To see the difference, compare the examples on the inside front cover of The Bluebook with those on the inside back cover. In the memoranda that you write for this class, the only typefaces that you should use are ordinary type and underlined type.


Basic Citation Forms

The Bluebook provides examples of typical legal citations in section I.4 (pp. 5-9). The inside back cover of The Bluebook is a better source of examples, since it uses the typefaces that you will use for the legal memoranda that you write for Lawyering Skills I.

Cases

Bluebook Rule 10 (pp. 55-71) explains the components of a case citation. In general, a complete citation to a case usually includes the following items:

After a case has already been cited to once, a short form citation is used thereafter instead of the full citation.

Statutes

Rule 12 of The Bluebook (pp. 73-87) provides the citation rules for statutes. Citations to statutes are generally shorter than case citations, but they can be more difficult because the format varies from jurisdiction to jurisdiction. A citation to a federal statute, for example, looks like this:

22 U.S.C. § 2567 (1996).
A citation to an California state statute looks like this:
Cal. Civ. Code § 1550 (West 1982).
A citation to an Illinois state statute looks like this:
720 Ill. Comp. Stat. 5/19-1 (West 1996).

You can consult Table T.1 of The Bluebook (pp. 165-228) to find the correct format for a particular jurisdiction.


Citation Sentences and Clauses

Citations can appear either within a textual sentence or in a citation clause or sentence.

Within a textual sentence:

The Supreme Court of Montana held in State v. Caryl, 543 P.2d 389 (Mont. 1975), that the burden of proving an insanity defense rests with the defendant.

In International Research & Development Corp. v. American Manufacturers Ass'n, 386 U.S. 120 (1967), the Supreme Court adopted a three-part test for personal jurisdiction over an unincorporated association.

Citation sentence:

The burden of proving an insanity defense rests with the defendant.  State v. Caryl, 543 P.2d 389 (Mont. 1975).

Personal jurisdiction over an unincorporated association depends on three factors.  International Research & Dev. Corp. v. American Mfrs. Ass'n, 386 U.S. 120 (1967).

When the cited authority supports only part of a sentence, use a citation clause, set off by commas, rather than a citation sentence.

Citation clause:

The defendant has the burden of proving both the insanity defense, State v. Caryl, 543 P.2d 389 (Mont. 1975), and self-defense, State v. Blackburn, 591 P.2d 1007 (Mont. 1978).

Personal jurisdiction over an unincorporated association depends on three factors, International Research & Dev. Corp. v. American Mfrs. Ass'n, 386 U.S. 120 (1967), but the threshold test is whether the association has any members who reside in the jurisdiction, IBM Corp. v. American Auto. Ass'n, 412 U.S. 378 (1971).


Parenthetical Information

Explanatory parentheticals:

Explanatory parentheticals are used to add information that describes a cited authority. Explanatory parentheticals ordinarily begin with a present participle. (See Bluebook Rule 1.5.)

AFL-CIO v. Kahn, 618 F.2d 784 (D.C. Cir. 1979) (finding executive authority to set wage and price standards for government contractors).

Shelton v. Tucker, 364 U.S. 479, 486, 488 (1960) (describing "strict scrutiny" test).

Salinas v. Chicago Park Dist., 545 N.E.2d 187, 189 (Ill. App. Ct. 1989) (citing Alop v. Edgewood Valley Community Ass'n, 507 N.E.2d 19 (Ill. App. Ct. 1987)).

State v. Rawland, 199 N.W.2d 774, 776 (Minn. 1972) (factfinder must "take account of the entire man and his mind as a whole").

United States v. Herbert, 698 F.2d 981, 985 (9th Cir. 1983) ("Congress did not intend that this statute be so draconian.").

Other uses of parentheticals:


Case History

Include the entire subsequent history in a full citation to a case. Include prior history only if it is relevant. (See Bluebook Rule 10.7, pp. 66-68.)

If the case is less than two years old and the U.S. Supreme Court has denied a petition for certiorari, indicate that fact as follows:

United States v. Route, 104 F.3d 59 (5th Cir.), cert. denied, 117 S. Ct. 2491 (1997).

Zeran v. America Online, Inc., 129 F.3d 327 (4th Cir. 1997), cert. denied, 118 S. Ct. 2341 (1998).

  • Note that if certiorari was denied in the same year that the case was decided, the year is included only once, as in the Route example above. This rule applies to other types of subsequent history as well.

Also indicate other subsequent history of the case in the same or higher courts:

Stanford v. Kuwait Airways Corp., 892 F. Supp. 95 (S.D.N.Y. 1995), rev'd, 89 F.3d 117 (2d Cir. 1996).

ProCD, Inc. v. Zeidenberg, 908 F. Supp. 640 (W.D. Wis.), rev'd, 86 F.3d 1447 (7th Cir. 1996).

Fact Concerts, Inc. v. City of Newport, 626 F.2d 1060 (1st Cir. 1980) (first amendment protects right to produce a jazz concert, and city attempting to bar such a program must show prevailing public welfare interest), rev'd on other grounds, 453 U.S. 247 (1981).

  • Note the placement of the explanatory parenthetical in the above example -- immediately after the citation to the case that it explains, and before the subsequent history.

For a list of case history abbreviations, see Table T.9 (p. 272). Note that some of the abbreviations are followed by a comma and others are not.


Short Citation Forms

The first time you cite to a particular case or other authority, you must provide a full citation. In subsequent citations to the same authority, you should normally use a short form. You should use a short form when:

  1. it will be clear to the reader from the short form what is being referenced;
  2. the earlier full citation falls in the same general discussion; and
  3. the reader will have little trouble locating the full citation quickly.

id.

Id. is used to refer to the immediately preceding authority. If the page number differs, use id. at [page number]. If you are referring to the same page, use just id.

In Gertz v. Robert Welch, Inc., the Supreme Court held that injury to reputation is required for an award of compensatory damages.  418 U.S. 323, 339 (1974).  Punitive damages are available where actual malice can be shown.  Id. at 347.

Some courts find strict liability inappropriate in cases involving an omission to act.  Wayne R. LaFave & Austin W. Scott, Jr., Criminal Law 207 (2d ed. 1986).  Normally, however, strict liability is unlikely to attach based upon a statutory duty of which the actor was unaware.  Id. at 208.

  • If the previous citation includes more than one authority, you can't use id., because it would be ambiguous to the reader which authority you meant to refer to. Also, id. cannot refer to an authority that is contained in parentheses.

Short forms for cases

Full citation:

State v. Aulick, 605 P.2d 465 (Ariz. 1979).
      or
State v. Aulick, 605 P.2d 465, 467 (Ariz. 1979).

Short forms:

Aulick, 605 P.2d at 471.
      or
605 P.2d at 471.

Illegal short forms

You may notice citations in cases and other materials that don't seem to comply with Bluebook rules. Often this occurs because courts and legal publishers use different sets of citation rules. Even law reviews that claim to follow The Bluebook make mistakes from time to time. Be careful -- you can't rely on citations in published materials for examples of correct Bluebook forms.

Here are two common mistakes that students make in short form case citations: omitting the volume number and reporter abbreviation, and using "supra."

NEVER USE THIS FORM TO CITE TO A CASE:
Aulick at 471.

DON'T USE supra IN CASE CITATIONS.

Short forms for statutes

Short form citations for statutes can be complicated, but only because the full citation form for statutes varies from jurisdiction to jurisdiction. Often the appropriate short form will be extremely brief -- for example, "§ 1701." See Rule 12.9 in The Bluebook (pp. 86-87) for a discussion of short form citations for statutes.

Short forms for books and law review articles

Full citation (book):

Laurie G. Kirszner & Stephen R. Mandell, The Holt Handbook 548 (3d ed. 1992).

Short form:

Kirszner & Mandell, supra, at 547.

Full citation (law review article):

David Millon, Redefining Corporate Law, 24 Ind. L. Rev. 223, 263 n.146 (1991).

Short form:

Millon, supra, at 271-73.


Signals

Signals are discussed near the beginning of The Bluebook (Rules 1.2 and 1.3, pp. 22-24), but they can be very confusing. A signal introduces a citation to legal authority. It tells the reader how the authority supports your statement.

  • Since most of the authorities cited in an objective legal memorandum should provide direct support for the propositions for which they are cited, signals may not even be necessary in such a memorandum.

There are four types of signals:

Supporting signals [no signal]
accord
see
see also
cf.
Comparison signal compare ... with    
Contradictory signals     but see
but cf.
Background signal see generally

Signals should appear in the order that they are listed in the table above. E.g. may be combined with another signal to indicate that you are merely giving represenatative examples, as in See, e.g., .... All signals of a single type (supporting, comparison, etc.) that you use should appear within a single citation sentence. For an example, see page 24 of The Bluebook.

Supporting signals

Use a supporting signal when the authority supports the proposition you have stated.

[no signal]

There are only two instances in which The Bluebook permits you to cite an authority without a signal:

  1. When you are giving a citation for a direct quotation.

    "[S]egregation of children in public schools solely on the basis of race . . . deprive[s] the children of the minority group of equal educational opportunities."  Brown v. Board of Educ., 347 U.S. 483, 493 (1954).

  2. When you refer to an authority within a sentence.

    In Brown v. Board of Education, 347 U.S. 483 (1954), the Supreme Court struck down racial segregation in public schools as a violation of the Fourteenth Amendment.

  • The 15th and earlier editions of The Bluebook provided for a third instance in which no signal was to be used: when the authority states the same proposition -- in other words, when you have merely paraphrased. Many people are continuing to follow this rule despite the change introduced in the 16th edition.

accord

Accord is not used very often. If you use a direct quotation and give its source without a signal (see above) then want to list other authorities that also state the same proposition but do so in different words, introduce them with accord.

see

Use see when the authority supports the proposition, but doesn't state it explicitly -- for example, when a proposition can be inferred from the authority.

The Fourteenth Amendment guarantees children equal educational opportunities.  See Brown, 347 U.S. at 493, 495.

see also

If you cite to an authority without using a signal, you can add supporting authorities to the citation by introducing them with see also.

Racial segregation in public schools deprives minority children of equal educational opportunities.  Brown, 347 U.S. at 493; see also Swann, 402 U.S. at 11.

cf.

Cf. means "compare." Use it with authorities that support your proposition by analogy or demonstrate a related point. Include an explanatory parenthetical.

Racial segregation in public schools violates the Fourteenth Amendment. Brown v. Board of Educ., 347 U.S. 483 (1954); cf. Bolling v. Sharpe, 347 U.S. 497 (1954) (holding that segregation in District of Columbia schools violates Fifth Amendment).

Comparison signal

Use the comparison signal compare ... with to suggest that the reader can compare two or more authorities with one another to understand the proposition you have stated. Include explanatory parentheticals.

Contradictory signals

Use contradictory signals to introduce citations to authorities that disprove or oppose your proposition. The first contradictory signal in a sentence begins with "But"; if you use both but see and but cf. in the same citation sentence, omit the second but. The contradictory signals are analogous to the supporting signals: Use but see for an authority that states or supports a contrary proposition, and but cf. if it supports a contrary proposition merely by analogy.

  • In an objective legal memorandum, it's usually advisable to discuss contradictory authorities, rather then just citing to them with a contradictory signal. For this reason, contradictory signals are rather unusual, except in scholarly writing.

Background signal

The background signal see generally introduces authorities (often secondary authorities such as law review articles) that present background material without necessarily proving or opposing the proposition. Like the contradictory signals, it is used more often in scholarly legal writing than in memoranda and briefs.


Copyright © 1992-1999 David E. Sorkin 1999/01/14