Professional Documents
Culture Documents
2015-2016
TABLE OF CONTENTS
I.
II.
III.
IV.
V.
BLUEBOOKING ......................................................................................................................................... 11
VI.
I.
(i)
For example: Elizabeth McNichol & Iris J. Lav, New Fiscal Year Brings No
Relief from Unprecedented State Budget Problems, CENTER ON BUDGET &
POL'Y PRIORITIES 1 (Sept. 3, 2009), http://www.cbpp.org/9-8-08sfp.pdf.
c. Online Books Some books are published online in PDF format. Cite to these using Rule
15 with a parallel cite to the Internet.
i. For example: INTL ENERGY AGENCY, WORLD ENERGY OUTLOOK 2009, at 128
(2009), available at
http://www.iea.org/publications/freepublications/publication/weo2009.pdf.
d. Special Rules for Newspapers
i. Some newspapers publish online versions. If you are unable to locate a paper copy of an
article, but can locate its online version, cite using the special rule for Internet and online
newspapers, Rule 16.6(f).
e. Additional Resources
i. University of Wisconsin Resources
(i)
UW Law Library: http://library.law.wisc.edu
UW Library: http://www.library.wisc.edu
(ii)
database search: http://www.library.wisc.edu/#databases
(iii)
law database: http://xerxes.library.wisconsin.edu/wisc/databases/subject/law
(iv)
journal search: http://www.library.wisc.edu/#journals
(v)
catalog search: http://search.library.wisc.edu
(vi)
article search: http://www.library.wisc.edu/#articles
(vii) Newspaper database: http://researchguides.library.wisc.edu/newspapers
(viii) MadCat: http://madcat.library.wisc.edu or
http://www.library.wisc.edu/find/madcat/
(ix)
WorldCat: http://www.library.wisc.edu/#worldcat
(x)
Ask a librarian: http://www.library.wisc.edu/help/ask/
ii. United Nations Resources
(i)
homepage http://www.un.org/english/
(ii)
documents http://www.un.org/en/documents/
(iii)
Security Council http://www.un.org/docs/sc/
(iv)
General Assembly http://www.un.org/ga/
(v)
UN Charter http://www.un.org/aboutun/charter/
(vi)
International Law Commission http://www.un.org/law/ilc/index.htm
(vii) ILC Conventions and Other Texts http://www.un.org/law/ilc/convents.htm
(viii) ICTY homepage http://www.un.org/icty/
(ix)
UN Information Center http://www.unic.org.in/
(x)
UN News Center http://www.un.org/News/
iii. International Court of Justice Resources
(i)
ICJ homepage http://www.icj-cij.org/
iv. International Criminal Court Resources
(i)
ICC homepage http://www.icc-cpi.int/php/show.php?id=home
(ii)
Coalition of International Criminal Court http://www.iccnow.org/
v. Miscellaneous Resources
(i)
AMICC http://amicc.org/
(ii)
University of Chicago page on international law resources
http://www.lib.uchicago.edu/~llou/forintlaw.html
(iii)
Federal News Service http://www.fnsg.com/
(iv)
Asian Human Rights Commission, Religious Groups for Human Rights
http://www.rghr.net
E. Locating Pinpoint citations:
a. In some cases, authors do not include a pinpoint cite. This is only acceptable in the final
publication when the author is citing an entire document for a general proposition. Even then, if
the material cited is specific but appears over many pages, use of passim might be better. See
Bluebook Rule 3.2(a).
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b. If there is no pinpoint and the material is not cited for a general proposition, you MUST find the
pinpoint. This can seem a daunting task if faced with a 200+ page book. Here are some tips:
i. Look for an electronic version that you can search for words and phrases. (See the tips
under Section II.B. above.)
ii. If you can get an electronic version, search for key words, then copy and highlight the
hard copy.
iii. If no electronic version is available, first look at the table of contents or index.
iv. Look for key words in the text that reference the source. This should allow you to narrow
it down to a chapter then skim for key words in subsections.
v. Google Books can be helpful for locating a pinpoint cite if the books index or table of
contents are not helpful.
c. If you have exhausted all efforts but find that the authors assertion isnt substantiated anywhere,
talk to your ME as soon as possible.
e. ***MEs and SMEs will return cite packages with missing pinpoints.
F. Supra and Infra.
a. Supra means the article in the footnote was cited in a previous footnote. Bluebook Rule
4.2(a). You should be able to find the full citation earlier in the article -- if not, this is a
mistake that needs to be fixed!
i. When you have a supra, you must make sure that the typeface for the supra reference is
correct, EVEN if the source footnote uses the wrong typeface. For example, if the author
completed notes 6 and 137 as follows:
6
CLAUDE BLUMANN, LEurope des citoyens, 34 REVUE DU MARCH COMMUN 283 (1991) (Fr.);
BLUMANN, supra note 6, at 279.
137
If note 137 was assigned to you in your citation packet, you would need to correct the typeface of
Blumann to ordinary roman typeface, because note 6 should have used the ordinary roman
typeface in order to conform with Bluebook Rule 16.
b. For each footnote in your packet, use find (Ctrl F / Command F) to see if the author cited that
source earlier in the article. If so, your source should be a supra, rather than a full citation.
c. Sometimes authors will cite themselves (i.e. Supra Part II.B or Infra Part IV). In these
situations, verify that the authors cite is correct by reviewing the relevant sections of the
article.
d. Supra is usually not used in case citations; cases have their own short forms. See the introduction
to Bluebook Rule 4.2..
e. Always check that the authors supra reference is to the correct numbered footnote.
G. Unavailable Sources (UAS) While trying to track down sources, youre bound to come across
some that are problem sources or some that are not available in Madison or in an acceptable form
online.
a. Problem Sources You have a Problem Source on your hands if youve Googled the title,
authors name, institutions, etc, and used all the library resources, including reference
librarians, to no avail.
b. InterLibrary Loans (ILLs) When sources are not available in UW-Madison and a valid PDF
cannot be found online, but a copy exists in WorldCat, we will need to submit an InterLibrary
Loan (ILL) request.
c. Fill out a UAS form by the due date (one week after the packet is assigned, unless otherwise
stated), upload it to the appropriate folder in on the Lexis web course, and notify your ME via
email.
i. Do NOT order ILL sources. Those sources become the responsibility of the AME.
6
d. Please note that if you incorrectly submit a UAS i.e. the source is available at UW-Madison
or in an acceptable format online, you may be placed on probation. Please do not burden the
MEs and AMEs with unnecessary work.
e. You must still check the Bluebook format for ILL or Problem Sources when
completing your Corrections & Problems form.
H. Report Problems by E-mail. Clear communication between Staff members and MEs working on an
article makes everyones job easier. For example, if the author's name is misspelled in a footnote that
is later cited as a supra, send a quick message to your ME or directly to other Staff members with
the correct name, so that others can correct their portion of the article. The simple rule is that if it
affects other citations not within your packet, e-mail about it.
III.
SUBSTANTIATION GENERALLY
A. Before scanning the document, carefully read the text, the footnote, and the source to make sure that the
source supports the author's claim. By checking substantiation before scanning, you will avoid having
to go back to the original source if there is a problem. Do not always trust that the pages an author cites
will all need to be scanned; check first, then scan the relevant pages. Document substantiation problems
on the C&P sheet. Substantiation must be done independently NOT with your partner!
a. Substantiation: If the source doesn't substantiate the author's assertion, try to figure out why. It
could be that the author has cited the wrong part of the material (in which case you should find
the correct pinpoint) or that the footnote was put in the wrong place (read the neighboring
sentences would it make sense to move this footnote?)
b. Simple Substantiation vs. Complex Substantiation:
i. With simple substantiation, the authors citation includes little or no explanatory
information.
1. Example text: Even looked at from this angle however, scholars are just as divided
in their opinions as were the judges of the Supreme Court; all nine Justices gave
separate opinions, totaling 240 pages.
2. Footnote: Vishneski, supra note 9, at 373.
3. In this example, direct support for the propositions that (1) scholars are just as
divided as were judges of the Supreme Court, (2) all nine Justices gave separate
opinions, and (3) the opinions totaled 240 pages, should be found on page 373 of
the Vishneski article.
ii. With complex substantiation, the author cites to a source and then uses the source to cite
to inferences made in the footnote. Then the author uses her own inferences in the
footnote to support her main text.
1. Example text: Recently, in Gerardo Ruiz Zambrano v. Office national de lemploi
the ECJ has once again pushed the boundaries of EU citizenship.
2. Footnote: The Court held that Art. 20 TFEU grants a right of residence to a minor
child on the territory of the Member State of which that child is a national,
irrespective (emphasis added) of the previous exercise by him of his right of free
movement in the territory of the Member States as well as, in the same
circumstances, of a derived right of residence, to an ascendant relative, a third
country national, upon whom the minor child is dependent. Case C-34/09,
Zambrano v. Office national de lemploi, [] (Mar. 8, 2011).
3. In this example, the staffer must do two levels of substantiation. First, the staffer
must verify that Case C-34/09 supports the courts holding regarding Article 20.
7
Second, the staffer must check that the footnote text supports the proposition that
the ECJ has once again pushed the boundaries of EU citizenship.
c. Quotations: Verify that quotes from the original source are accurate, word for word. Also, if an
author omits language from a quote, an ellipses should be used (a . . . car).
d. Shepardize / update key sources: For U.S. and State Statutes, check for
supplements/pocket parts.
e. Document substantiation problems on the C&P sheet. If the source doesnt substantiate the
article, the SMEs will have to work with the author to correct the problem. If there are any
problems with substantiation, you must describe the problem in the notes section of your C&P
form. In these situations, your comments are incredibly helpful.
i. If the cited material can be construed to support the authors claim, you may consider
the authors text substantiated. Explain this in the comments.
ii. If you do not think the material supports the authors claim, do not simply indicate No
in the substantiation box; describe the problem in the comments.
iii. If a change to the pincite will substantiate the authors text, indicate with Yes, if and
provide details.
f. See, Cf., and citing directly. Bluebook Rule 1.2 lists an array of introductory signals that
may make the difference between substantiated text and unsubstantiated text.
i. Use no introductory signal if the cited authority directly states the authors
proposition.
ii. Use See if the proposition is not directly stated by the cited authority, but obviously
follows from it. In this case, there will be an inferential step between the authority
cited and the proposition it supports.
iii. Use Cf. if the cited authority supports a proposition different from the authors
proposition, but is sufficiently analogous to lend some support. Cf. usually requires
additional explanatory text in the footnote.
B. In the following examples, assume the cited-to authority is a U.S. Supreme Court opinion which
reads, The Edwards rule questioning must cease if the suspect asks for a lawyer provides a
bright line that can be applied by officers in the real world of investigation and interrogation without
unduly hampering the gathering of information. But if we were to require [officers] questioning to
cease if a suspect makes a statement that might be a request for an attorney, this clarity and ease of
application would be lost.
Text
Direct The Edwards rule provides a bright
Citation line tool which officers may use during
interrogations.
Rulings like Edwards reduced the
See
amount of subjective discretion
officers must use during
interrogations.
Footnote
Davis, 512 U.S. at 461.
Cf.
IV.
C.
D.
E.
F.
G.
5. Periodicals
a. Title page with date
b. Table of contents
c. Name of source
d. Pin-cite page
v. Save each scan in the following format:
ArticleAuthor_SourceAuthor_SourceTitle_ScanDescription_(footnote numbers)
1. Examples: Muoz_Smith_WealthOfNations_TitlePage_(2, 5, 73);
Muoz_Smith_WealthOfNations_TableOfContents_(2, 5, 73).
vi. Save all of the individuals scans for each hard source in a sub-folder of the main article
sources folder in the following format:
ArticleAuthor_SourceAuthor_SourceTitle_(Footnote numbers).
1. Example: Muoz_Smith_WealthOfNations_(2, 5, 73)
Fill out the UAS/ILL Form
a. Discuss what sources are unavailable with your partner to fill out the completed UAS/ILL form
as directed.
b. Save the UAS as: Author_UAS_YourName_FNX_FNY.doc.
i. Example: Klug_UAS_Smith_109_148.doc.
c. Upload the UAS/ILL form to the proper folder in the Lexis web course.
Share all your sources with your partner at the same time as UAS/ILL form is due
a. On your computer, create a zip folder for your sources folder
i. To create a zip folder on a Mac, right click/double tap the folder, click compress.
ii. To create a zip folder ion a PC, open the File Explorer, click on the folder you want to
zip, click on Share in the menu bar, click Zip.
b. Be sure the name of the folder complies with Section A of this outline.
c. Trade your zip drive with your partner
d. Email your individual ME let them know you traded your sources with your partner and turned
in the UAS form.
Identify the substantiation
a. Highlight all the relevant author, article, source information:
i. Author(s)
ii. Title
iii. Page Number
iv. Volume
v. Year
vi. Etc. (Anything that is in the Bluebook citation for that footnote)
b. At the top of the first page of each source, create a text box and write the footnote numbers that
can be found in that source.
c. Locate each portion of the document that the author is using to substantiate the proposition and
highlight it with your computer program's highlight function.
d. Create a text box next to the portion of the text that corresponds to the author's footnote and
write the footnote number.
e. Save the file in the folder you created.
Complete the C&P form
a. Save the form in the following format:
Author'sLastName_C&P_YourLastName_YourFirstFootnote_YourLastFootnote
i. Example: Muoz_C&P_Baudhuin_1_72
1. Note: This should not be saved in your sources folder.
Upload the completed C&P form to the WILJ Lexis web course.
a. Under cite checking assignments, locate your MEs individual folder
b. Click on the folder UAS/ILL form for that packet
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BLUEBOOKING
A. All Bluebook changes should be noted on your C&P Template, as well as any comments that will
help your ME understand the changes you made. Be sure to list the rules you used to verify or
correct the citation form. Bluebooking must be done independently NOT with your partner!
B. Keep track of which rules you use! This is EXTREMELY important for your ME and SME to be
able to follow your thought process. Be as specific as possible; if you are using a supra, list Rule
4.2(b), not just Rule 4. This is especially important for sources which are difficult to Bluebook.
Doing so will reduce the chances that you have to re-do your work.
a. List every applicable Bluebook rule, and be as specific as possible.
b. If the citation is correct, write no change. Do not just leave it blank.
c. HIGHLIGHT your changes in your C&P If you delete something, highlight the space.
C. Follow all instructions on the C&P template.
a. If a footnote is an ILL/UAS source, indicate this on the C&P form. Dont just leave the item
blank. Check the Bluebook citation format even if the source was reported as an ILL or
Problem Source.
D. Footnote with Multiple Parts. If a footnote has multiple parts, make sure you separate it into different
parts and label them. For example, if footnote 27 lists 4 sources, you should break it up into 27a, 27b,
27c, and 27d.
11
E. En Dash vs. Hyphen. We follow the Chicago Manual of Styles formatting guidelines. That means that
an en dash is used to designated to for numbers and sections, rather than a hyphen.
a. Correct: Id. at 68591.
b. Incorrect: Id. at 685-91.
c. To create an en dash on Mac OS, use [option key] + [-]
d. To create an en dash on MS Windows, use [ctrl] + [-]
F. One Space Between Sentences
a. Following the Chicago Manual of Style (CM), WILJ has one space between sentences,
including sentences in footnotes. Please check for this and make the necessary changes
as you are checking footnotes.
G. Bluebook Cheat Sheet (Nineteenth Edition)
a. This cheats sheet is obviously not the complete Bluebook. The purpose is provide a few
shortcuts for some of the rules that you will use most often, while also listing some of the rules
you will only use once in a while. Rather than solely relying on this cheat sheet, please be sure
to consult the actual Bluebook rule for more description and examples.
b. Rule 1: Structure and Use of Citations
i. Parenthetical phrases should begin with a present participle (e.g. arguing, explaining,
etc.) and should never begin with a capital letter
ii. 1.1 Citation Sentences and Clauses in Law Reviews
1. text:
a. generally: footnote call numbers are placed after punctuation
b. exception: footnote call numbers precede dashes and colons
2. footnotes:
a. if footnote text contains an assertion that requires support, then there
must be an appropriate citation after every assertion.
iii. 1.2 Introductory Signals
1. Always italicize an introductory signal (see, e.g., etc.)
2. Exception: do not italicize signals when used as a verb
iv. 1.3 Order of Signals
v. 1.4 Order of Authorities Within Each Signal
1. When multiple sources are listed, generally list them in the order in which they
are the most helpful or authoritative
2. Otherwise, see Rule 1.4 for the list of types of authority and the specific order in
which they need to appear
vi. 1.5 Parenthetical Information
1. substantive information
a. explanatory (not quoting):
i. Generally: first word must be in the present participle format
1. Example: (arguing ) or (illustrating)
ii. Exception: when there is enough context very short explanatory
parentheticals
b. quoting:
i. a quote that is a full sentence should begin with a capital letter
ii. See Rule 5.2 for guidance on changes or omissions to quotes
2. order of parentheticals: multiple parentheticals should be in the following order:
a. (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) (internal
12
iv.
v.
vi.
vii.
viii.
ix.
x.
ii.
iii.
iv.
v.
ii. 2) list all of the authors names with commas in between, except
that the last two authors names are separated by an ampersand
instead of a comma
15.2 Editor or Translator
1. indicated in the year parenthetical, immediately preceding the year and separate
by a comma
2. Typeface: Ordinary Roman type
3. Abbreviation:
a. Human author(s): none
b. Institutional author: T6 and T10
15.3 Title
1. Typeface: Small caps
2. Abbreviations: none
3. Comma: only if no comma between the title and the pincite would cause
confusion
15.4 Edition, Publisher, and Date
1. Typeface: Ordinary Romany type
2. Editions:
a. Only one edition published or citing a first edition: just indicate the
publication year in a parenthetical
i. Include the year in a parenthetical even if the year is incorporated
in the title
b. Multiple editions published:
i. Same publisher as first edition:
1. Include the edition number before the year (in the same
parenthetical, and no comma in between)
2. See T14 for publishing abbreviations
3. Example: (2d ed. 2014)
ii. Different publisher:
1. Include the publisher of that edition (abbreviating it the
same way as the institutional author) in the year
parenthetical
2. Include a second parenthetical that states the year of the
original publication
3. Example: (Oxford Univ. Press 2014) (2012)
15.5 Shorter Works in Collection
1. Author
a. For collections with pieces by various authors:
i. Typeface: Ordinary Roman type
ii. Comma: after author
b. For collections with pieces by the same author
i. Typeface: Small caps
ii. Comma: after author
2. Title of the authors piece
a. Typeface: Italics
b. Comma: after title (comma not italicized)
c. After the comma: include the italicized word in
3. Title of the collection
a. Typeface: Small caps
b. Comma: only include a comma if no comma between the title and start
page would cause confusion
4. Page: include the start page for the piece; add a comma after the start page if
including a pincite
5. Year parenthetical:
17
vi.
vii.
viii.
ix.
x.
i.
ii.
iii.
iv.
v.
The manner in which the Bluebook lays out Rule 18.2.2 for Direct Citations to the
Internet can be a bit confusing. You can use these rules to get you through most
internet cites (but Rule 18 has more detailed requirements to which you should also
pay attention.) These rules are NOT for cites which list an internet URL as a
parallel available at citation (See Bluebook Rule 18.2.3). Basically, direct
citations to the internet have five components:
1. Author
a. Only include an author if:
i. There is a human author for the article (e.g., Eric Posner)
ii. There is an institutional author for the article that is different from the
domain owner
iii. The domain owner IS the institutional author for the article, but
domain ownership is NOT clear from the Main Page Title.
1. For example, the Main Page for
http://www.adb.org/about/overview is http://www.adb.org/.
The Main Page Title is Asian Development Bank. Because
Asian Development Bank is also the domain owner (and the
institutional author), you should omit Asian Development
Bank from the Author portion of the citation.
b. Abbreviation - If author is an institutional author (or the domain owner), then
abbreviate the authors name using Bluebook Tables T6 and T10.
c. Typeface - Ordinary Roman Type
d. Capitalization - Use original capitalization
e. Comma End the authors name with a comma
Webpage Title This is the title of the page cited either. Usually this will be taken
from the title bar at the top of the browser or from any clearly announced heading
identifying the page. This may also be the title of the article cited to.
a. For example, the Webpage Title for http://www.adb.org/about/overview is
Overview
b. Abbreviation Use original abbreviations
c. Typeface Italics
d. Capitalization Capitalize according to Bluebook Rule 8
e. Comma - End the webpage title with a comma
Main Page Title This is the title of the main page. Usually this will be the same as
the domain owner.
a. For example, the Main Page Title for http://www.adb.org/about/overview is
ASIAN DEVELOPMENT BANK
b. Abbreviation Abbreviate the Main Page Title according to Bluebook Table
T13 (and T10). (i.e., ASIAN DEV. BANK)
c. Typeface Small Caps
d. Capitalization Use original capitalization
e. Comma For comma usage, see date component
Date
a. If the website provides a date (and time) that clearly refers to the material
cited (i.e., NOT a copyright date) then use that date and time, and enclose in
parenthesis
i. For example, (Feb. 26, 2009, 9:40 AM)
ii. Comma place a comma after the date; omit the comma after the Main
Page Title
b. If the website does NOT provide a date, then use a last modified or last
visited date
i. For example, (last visited Dec. 15, 2004)
ii. Move this date to the END of the cite (after the URL)
20
vi.
iii. Comma the date gets no comma; include a comma after the Main Page
Title
c. Abbreviation Abbreviate the month using Bluebook Table T12
d. Typeface Ordinary Roman Type
e. Capitalization n/a
URL
a. Enter the entire URL (including the http://) just as it appears in the address
bar.
WILJ ASSIGNMENTS
A. Turning Assignments In
a. One Week From Packet Release
i. UAS Form Submission: Title the UAS form using the following format:
Author_UAS_YourName_FNX_FNY.doc (For example,
Klug_UAS_Smith_109_148.doc). You will upload the completed UAS form to the
WILJ Lexis Web Course. After signing in to the WILJ Lexis Web Course, click Cite
Checking Assignments located on the left-hand column of the home screen. Submit
your completed UAS form to the UAS assignment folder by the appropriate deadline.
ii. Trade Blank Sources With Your Partner: You and your partner are encouraged to
split up your assigned sources when the packet is released. You are required to find
PDFs of your share of your teams assigned sources one week after the packet is
released and share them with your partner. You may share PDFs using Dropbox,
Google Drive, or over e-mail. Its up to you . Remember, while you may split up
finding your assigned sources, you and your partner may not split up the
substantiation of those sources. Each partner will substantiate each source on their
own.
b. Two weeks form packet release:
i. C&P Form Submission: Title the C&P form using the following format:
Author_C&P_YourName_FNX_FNY.doc (For example,
Klug_C&P_Smith_109_148.doc). You will upload the completed C&P form to the
WILJ Lexis Web Course. After signing in to the WILJ Lexis Web Course, click Cite
Checking Assignments located on the left-hand column of the home screen.. Submit
your completed C&P form to the C&P assignment folder by the appropriate deadline.
ii. Substantiated Source Submission: Submit the zip folder (explained supra IV. D)
containing your substantiated sources to the Lexis Web Course. After signing in to the
WILJ Lexis Web Course, click Cite Checking Assignments located on the left-hand
column of the home screen. Submit your zip folder to the substantiated sources folder
by the appropriate deadline.
c. Upload the UAS form (if you have any unavailable sources) to the appropriate folder in the
Lexis web course and notify your ME via email by the deadline. By this deadline, you should
also upload a zip folder of blank PDFs of your sources so your partner can access them.
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Time
1 hour
.5 hour
5 hours
4 hours
3.5 hours
3 hours
26
.5 hours
1 hour
18.5 hours