Introduction... 1 Editing Checklist... 2 VLR Initial Edit & Cite Check Source Gathering Guide... 6 Virginia Law Review Conventions...

Transcription

1 Introduction... 1 Editing Checklist... 2 VLR Initial Edit & Cite Check Source Gathering Guide... 6 Virginia Law Review Conventions Changes, Additions, and Clarifications BB Rule 1.2: Introductory Signals BB Rule 1.3: Order of Signals BB Rule 1.4: Order of Authorities BB Rule 1.5: Parenthetical Information BB Rule 2: Typefaces for Law Reviews BB Rule 2.1: [Italicization in] Citations BB Rule 2.2: [Italicization in] Textual Material BB Rule 4.2b: Hereinafter BB Rule 5.3: Omissions and Ellipses in Quotations BB Rule 5.4: Quotation Paragraph Structure BB Rule 6.1: Abbreviations BB Rule 6.2: Numerals and Symbols BB Rule 8: Capitalization BB Rule 9: Names of Courts, Judges, and Professors BB Rule 10: Cases (BB p. 55) BB Rule (h): Business Firm Designations BB Rule 10.6: Parenthetical Information Regarding Cases BB Rule 10.7: Prior and Subsequent History BB Rule 10.9: Short Forms for Cases BB Rule 12.3: Statutes: Current Official and Unofficial Codes BB Rule 12.5: Statutes: Secondary Sources BB Rule 12.6: Statutes: Repeal, Amendment, and Prior History BB Rule : Internal Revenue Code BB Rule 12.9: Short Forms for Statutes BB Rule 13.5: Debates BB Rule 14: Administrative and Executive Materials BB Rule 14.2: Rules, Regulations, and Other Publications BB Rule 14.6: SEC Materials BB Rule 15.4: Edition, Publisher, and Date BB Rule 15.5: Shorter Works in Collection BB Rule : Short Forms for Shorter Works in Collection BB Rule 16: Periodical Materials BB Rule 16.3: Consecutively Paginated Journals and Magazines BB Rule 16.4: Nonconsecutively Paginated Journals and Magazines BB Rule 17.1: Unpublished Materials BB Rule 17.2: Forthcoming Publications BB Rule 18: Electronic Media and Other Nonprint Resources Some Additional Points of Style and Grammar Internal References to the Piece Grammar, Punctuation, and Word Choice Formatting Tips for Departmental Editors... 43

2 Introduction This manual (the Slatebook ) provides you with an editing checklist, a source gathering guide, and the stylistic conventions used by the Virginia Law Review. Refer to the editing and photocopying checklists to guide you through the steps of an editing assignment. This Slatebook is keyed to the 17th edition of the Bluebook, and that is the edition of the Bluebook you should use. References to the 18th edition found in the text are for your information, but you are not required to use the 18th edition. Questions about this should be directed to the Executive Editors. The main section of the Slatebook, Virginia Law Review Conventions and Explanations, contains changes and additions to Bluebook rules as well as explanations for confusing Bluebook Rules. Please apply these VLR conventions to every piece that you edit. Every member of the Review must be familiar with these stylistic conventions, as well as the entire Bluebook. The next section of the Slatebook provides guidance on grammar and style. The last section lists formatting tips for the Departmental Editors; Editorial Board members can ignore this section unless specifically instructed otherwise by a Department Editor.

3 Editing Checklist More substantive discussions of each stage of the editing process outlined below can be found in the Editorial Board Manual. Keep your DE up to date on all problems with the piece or anything you don t understand as you go through your editing assignment. (1) Read the entire piece: Critique style, structure, grammar, and spelling. (2) Gather sources: Refer to the "Source Gathering Guide" below for photocopying checklists for each type of source. (a) The overriding principle of the source gathering process is to copy everything you and your DE will need to verify both the substance (that what the author is saying is supported) and the form of the citation (making sure the citation is in correct Bluebook/Slatebook format). (b) There must be separate copies for each citation in every footnote. (c) If you are doing a Cite Check and come across copies that were not done properly during the Initial Edit, the default rule is that you must make the necessary copies, unless the DE provides otherwise. (3) Check Citation Substance. (a) Check the substance of the citation. Highlight all supporting language. If there is an assertion in the text that needs support, or if the cited source does not support the proposition in the text, make a real attempt to locate an appropriate source and provide a suggested citation to the DE. (b) Check quotations. Place a checkmark over each word and punctuation mark in the quote (in the physical photocopy or printed source) as you check it. Count the words in every quotation that might have 50 words and indicate the number of words in the quotation as an embedded note to the DE. 2

4 (c) Check whether a pincite can be added for general citations. (d) Determine whether a footnote has been unnecessarily included and recommend its deletion, or determine whether a footnote may be needed and recommend its inclusion. (4) Check Citation Form Bluebooking/Slatebooking. (a) Check: Author and editor name, volume and page numbers, title (including punctuation of title), parallel cites, pinpoint cites, dates, and so on. (b) Order of authorities. Bluebook p. 25, Slatebook p. 15. (c) Format of case names in text and citations according to the Bluebook rules (pp ). Make special note of the areas in which the Slatebook rules differ from the Bluebook. Business designations, Slatebook p. 25. Parenthetical information, Slatebook p. 15. Short forms for cases, Slatebook p. 27. (d) Proper use of the short form, both the format and when it can be used, for: Cases, BB pp and Slatebook p. 27. Statutes, BB pp and Slatebook p. 28. Books & nonperiodic materials, BB pp Periodicals, BB pp Unpublished and nonprint sources, BB p (d) Abbreviations using tables in the Bluebook: Periodical Names (table T.14, BB p. 317) (errors are extremely common). Explanatory Phrases (e.g., aff d, rev d, vacated) (table T.9, BB p. 309). Case Names (table T.6, BB p. 302). Format for a particular jurisdiction s courts or statutes: Table T.1: United States Jurisdictions (BB p. 183). Note that Bluebook state abbreviations are not identical to standard (postal) state abbreviations (table T.11, BB p. 311). Table T.2: Foreign Jurisdictions (BB p. 245). 3

5 (e) Usage of id., supra, infra, hereinafter (BB pp ; SB p. 19), and check jump cite references (i.e., internal cross references to other sections or footnotes in the same piece) to ensure the reference is to the correct footnote. (f) Order of sources within the footnote (BB p. 25). (g) Parentheticals: whether they are required (Slatebook, p. 14), and whether they are in the appropriate format (Slatebook p. 16). Where a parenthetical is required but absent, supply a draft parenthetical and provide a highlighted copy of the source for your DE. Note the rule for indicating concurring and dissenting opinions on Slatebook p. 26. (h) For books, editor vs. edition (BB p. 108). Ex.: Ben Angelette ed., 2d ed (i) Formatting Every footnote should end with a period. Check the location of the footnote call. See Slatebook, pp. 27. Note hyphens that should be en-dashes or em-dashes and vice versa. See Slatebook, p. 39. (j) Check font formatting in each citation (for example, only use italics where used in the original or for the word in where the source is an article in a book): Bold, underline and SMALL CAPS should not be used. See Slatebook p. 16. (5) Wrapping Up. (a) Deliver all copied sources to the source boxes. (b) Ensure that all electronic sources are uploaded to the appropriate folder on the VLR intranet (c) Write memo to DE containing the following: A list of all sources checked out or requested, broken down by: : (1) all sources that you have checked out for the edit, including whether the source was checked out to your DE s personal ID or to the carrel and the due date; (2) all 4

6 sources that you have ILL d and their due date; (3) all sources that you have requested, but not yet received via ILL and the date that you requested them; and (4) all sources that you have recalled from within the UVA library system, or any other sources you have requested, but not yet received, and the date on which you requested them. Also list any missing sources, along with a brief explanation of the steps you have taken to locate them thus far. Substantive comments about the piece as a whole, structural suggestions, and/or recurring issues (basically, anything that would be unwieldy in an embedded comment(s)). All other comments, questions, and changes should be embedded in the electronic document itself. (c) Upload electronic versions of your memo and the manuscript to the appropriate folder on the VLR intranet. N.B. ensure that you save a copy of these documents in a secure location other than your laptop and the VLR intranet e.g., Home Directory, a CD-R disc, or a flash drive. 5

7 VLR Initial Edit & Cite Check Source Gathering Guide The following checklists give Editorial Board members a quick and portable guide for source gathering. It lists only the most common types of sources. If you run into a source that seems odd and you aren't sure what to copy, contact your DE for guidance. REMEMBER: The overriding principle of the source gathering exercise is to copy or upload everything you and your DE will need to verify both the substance (checking that what the author is saying is supported) and the form (making sure the citation is in correct Bluebook/Slatebook format) of the citation. Make sure you copy or upload all that is required to do these two things, even if this list seems to suggest otherwise. The Bluebook indicates which form of a source should be copied, and we require that source if available (ex. for Supreme Court cases, cite to the U.S. Reporter ( U.S. ) if available). The overriding principle of uploading to the VLR intranet is to only upload PDF files, unless otherwise noted, of the complete source such that the DE can verify the substance and the form of the citation. If a source is cited multiple times, it only needs to be in the appropriate folder on the VLR intranet once. For Cite Checks: Please also remember that if you are doing a Cite Check and come across copies that were not done properly during the Initial Edit, the default rule is that you make the necessary copies and/or uploads, unless your DE provides otherwise. When copying and printing, please help VLR save money by USING DOUBLE-SIDED, TWO PAGES-PER-PAGE COPYING OR PRINTING whenever possible! Photocopying/Print Rules Are Organized Below as Follows: I. Finding Sources Generally II. The Constitution III. Statutes IV. Cases V. Law Review Articles VI. Books/Treaties VII. Newspaper/Magazine Articles 6

8 VIII. Legislative History IX. Administrative and Executive Materials X. Treaties and Other International Materials XI. Internet Sources XII. Material That Quotes or Cites to Other Sources and Parallel Citations XIII. Supras & Infras to Other Parts of the Article Itself XIV. Anything Else I. Finding Sources Generally (for sources not on Internet) Use VIRGO. The law library catalog is pretty useful, although not user-friendly. If you know the exact title, use the "First words" or "Exact" search options. Use WorldCat. If you get sick of Virgo, a much better tool is WorldCat (a link is available from VIRGO go to "Reference Sources" under the "Databases" category, then click "W," and click "WorldCat (Web)"). This allows you to search not only the UVA catalog, but the catalogs of other schools. You should look here before you make an ILL request, to (a) make sure that UVA does not actually have the book, and (b) get more information about the source. Use the Law Library web page. The Law Library web page details the major collections (including U.S. government documents, international materials, and microforms) and how to find sources within those collections. Ask a reference librarian. The reference librarians are very helpful, but it is best if you go to them after having made your best effort at finding the source yourself. Kent Olson is the librarian assigned to the Law Review, but you may ask any librarian who is available. II. Constitutions Federal: The official language of the U.S. Constitution should be copied from the first volume of the U.S. Code (1 U.S.C.). State: Look first in the first volume of the official code of each state. Copy the entire section or amendment, as applicable (do not copy just the particular clause cited). III. Statutes 7

9 Copy the entire section (not just the particular subsection) from the United States Code or the entire act if cited to the Public Law (i.e. in Statutes at Large). If more information than the Title and Section are mentioned in the citation or the text (i.e. Subtitle, Chapter, etc.) be sure to photocopy the relevant pages to make it easy to verify that information. If a statute has been repealed or has been amended, the fact and date of repeal or amendment must be indicated in the citation. IV. Cases General Rules: (1) All cases must be copied as they appear in the relevant official reporter; only PDFs or actual photocopies are sufficient. Non-PDF print-outs from Lexis or Westlaw are not sufficient, unless otherwise noted; (2) if volume/year info is not available on the case itself, copy the title page of the volume. Rules for First Time the Case is Cited in the Piece and Subsequent Citations Thereafter: o First Time in the Piece: Upload the PDF to the intranet folder if the PDF is available. If the first citation includes a pincite, print out the necessary pages and follow the rules for Subsequent Pincite below. If the first citation is properly a general citation, the entire document should be printed out in addition to uploading the document. If the PDF is not available, make a photocopy of the actual case. o Subsequent General Citation: (a) Make best efforts to find a pincite that would work, and then follow rules for Subsequent Pincite below (Tip: pincites can be found most easily by pulling the case up on Westlaw or Lexis, and searching for key terms or quotes); or (b) if cite remains a general cite, print/copy out the first page of the case only. o Subsequent Pincite: (a) Print/copy first page of the case; (b) print/copy first page of dissent/concurrence, if applicable; and (c) print/copy pincited page(s) and ONE page before and after. Supreme Court Cases: (a) PDF versions of the U.S. Reports are available on HeinOnline; or (b) if S. Ct. or some other reporter is cited, use Lexis or Westlaw to locate the parallel cite in the U.S. Reports, and photocopy from the bound volumes in the library. 8

10 o Pre-1875 Supreme Court Cases: copy spine of reporter if the reporter s actual name is used (i.e. 1 Wall. or 1 Dall.). Non-Supreme Court Cases: (a) Make copies from the official reporter, and (b) title page if necessary to get all citation information. Shepardizing/Key Citing: You do not have to print out a Shepard's or Key Cite report for every case, unless the case is being cited for a current proposition of law (i.e. "The law in Kansas on contributory negligence is... "). (You can copy the report into a Word document and upload that document.) V. Law Review Articles Locating: Always check HeinOnline first. The first time the article is cited in the piece: (a) Upload the entire article, including information from the title page and table of contents, to the intranet folder. PDFs from HeinOnline (or other PDF source) are required if available; otherwise upload the Lexis or Westlaw versions. If article is uploaded from Lexis or Westlaw, or if the PDF does not have the title page and/or table of contents, copy the title page and table of contents of the actual law review volume to indicate the year and volume in which the article appears; (b) if article is not in PDF form, copy from the actual law review the first page of the article, the page(s) cited plus ONE page before and after; (c) if article is from HeinOline (of other PDF source), print out the page(s) cited plus ONE page before and after. NOTE: If the front page of the Law Review indicates a year span (ex ), the year span IS NOT SUFFICIENT. Print/copy the page showing the exact year of publication. Every subsequent citation: o General citations: (a) Make best efforts to find a pincite that would work, and then follow rules for subsequent pincite citation below (Tip: pincites can be found most easily by pulling the article up on Westlaw or Lexis, and searching for key terms or quotes); or (b) (i) Copy/print the front page of the law review volume, if necessary to establish the volume in which the article appears; and (ii) Copy/print the entire introduction for the law review article (or the first 15 pages, if the introduction is cursory) [this is most easily done from HeinOnline when the source is available there]. 9

11 o Pincite: (a) Copy/print the front page of the law review volume, if necessary to establish the volume in which the article appears (if you cannot locate the title page on the intranet, you must print out a hard copy from the bound volumes); and (b) Copy the page(s) cited, plus ONE page before and after [this is most easily done from HeinOnline when the source is available there]. VI. Books/Treatises First, check books out to the appropriate carrel. (This is only possible with Law Library books; for books from other UVA libraries, check them out to your DE s student identification number.) Copy the title page and anything else with publication information. Copy the cited page(s) or sections, plus ONE page before and ONE page after. If it is a general citation to the book that you are unable to turn into a pincite, copy the table of contents, introduction or first chapter, plus any other pages that might be necessary to establish substantive support. If the book is on reserve at another library and cannot be brought to the carrel, copy the entire chapter in which the pincite appears. VII. Newspaper/Magazine Articles The Law Library has the Washington Post and the New York Times on microfilm. Many other newspapers and magazines are on microfilm at Alderman Library and their availability is listed on VIRGO. Copy the full article and make sure that all citation information is indicated; otherwise, copy the cover page (or other appropriate page) to capture all of the needed citation information. If no library has the newspaper or magazine that you need, use the ILL service to request a photocopy of the pages you need. Make sure you are very clear as to the exact citation information (i.e. double-check the citation on Lexis or Westlaw). As a last resort, print out the most obscure periodicals from electronic databases, such as Lexis and Westlaw. Be careful, because both these databases contain multiple editions of the same day's paper. VLR has a strong preference AGAINST internet citations to newspapers and magazines. 10

12 VIII. Legislative History A good resource for finding official texts of recent (generally from 1994 onwards) legislative history on the web is the General Printing Office website at As long as you find PDF files created from scans of the original, official texts, you can upload this source to the intranet folder and print the necessary pages for any pincite (including the first page/title page and one page before AND after the pincite). The Congressional Record and Senate and House Reports are available in bound form and on microfiche at the Law Library; these are not particularly easy to figure out, so get a reference librarian to give you a lay of the land. o Note that whenever possible you are to give parallel citation to the permanent edition of the United States Code Congressional and Administrative News (U.S.C.C.A.N.). You must make a photocopy of this citation. Copy enough to make it clear that the form and substance are correct. (For example, if the main text says that a particular statement in the Senate was made on a certain date by a certain Senator, make sure that enough pages are copied and cited to make clear both the date and the name of the Senator). IX. Administrative and Executive Materials Pages of the Bluebook detail the various sources of administrative and executive materials. The vast majority of these sources are available in bound form in the Law Library. A number of recent executive branch materials (including the Code of Federal Regulations, the Federal Register, Executive Orders, and other Presidential papers) are available at As long as you find PDF files created from scans of the original, official texts, you can upload this source to the intranet folder and print the sufficient pages for any pincite (including the first page/title page and one page before AND after the pincite) to verify the substance and the form of the citation. X. Treaties and other International Materials Treaties: Look at the Bluebook to determine what citation information is required. For instance, multilateral treaties where the U.S. is a party require citation to both an official U.S. source and an international source. 11

13 o U.S. Sources: After ratification, U.S. treaties appear as Senate Treaty Documents if they have been submitted to the Senate for its advice or consent. Five to six years later, U.S. treaties appear in "slip" form in Treaties and Other International Acts Series (TIAS). Three or so years after that, they finally appear in United States Treaties and Other International Agreements (UST). UST is preferred over TIAS, and TIAS is preferred over Senate Treaty Documents. o International Sources: The United Nations Treaty Series (UNTS) continues the League of Nations Treaty Series (LNTS), and is generally the best intergovernmental source for international treaties. Other International Sources: Generally, you should look to the Bluebook for guidance as to the citation information that is required. A good resource is the Law Library's international reference librarian, Xinh Luu, but it is best to go to her with some idea of what you are looking for. XI. Internet Sources VLR has a strong preference against internet citations. Many times, an author has simply Googled a news item and listed the first available internet citation. For news items, make your best efforts to locate a credible newspaper article (see Newspaper/Magazine Articles above). To locate articles, try the New York Times or Westlaw. If the webpage is the only available source, print out the webpage(s) with the relevant material, and mark on the copies what date the site was visited. But note: when a hard copy is reasonably available, internet citations are not acceptable (ex. if a U.N. document is cited to a webpage, find the actual U.N. document, and copy that instead). XII. Material That Quotes or Cites to Other Sources and Parallel Citations Sources Citing Sources: When a citation cites one source quoting or citing to another source, you must copy BOTH sources and follow the appropriate copying rules for the second source (ex. Case A quoting Case B copy both cases). Parallel Citations: When the Bluebook requires parallel citations (this occurs occasionally for international sources), both sources must be copied. 12

14 XIII. Supras & Infras to Other Parts of the Article Itself If supra/infra cite is not to the piece itself, but to a source previously cited in the piece, follow the citation rules to that source (ex. see Angelette, supra note 14, at 12), follow the law review copying rules, and do not follow this section. If supra/infra cite is to the piece itself (ex. see supra note 9 and accompanying text), leave a blank piece of paper in the document box as a placeholder, with the fn. # in the corner, and indicate what part of the piece is being referenced (i.e. supra note 9 and accompanying text ). Do not copy the portion of the article being cited, but verify that the citation is correct. XIV. Anything Else Look at the Bluebook/Slatebook for citation form. This will tell you what source to pull. Copy enough to make it clear to yourself and other editors that the form and substance of the citation information are correct. 13

15 Virginia Law Review Conventions: In general, the Virginia Law Review follows the conventions outlined in the 17th edition of the Bluebook. This Section outlines where VLR conventions and Bluebook conventions differ and provides clarifications of some of the more obscure Bluebook rules. Where the Slatebook addresses a subject, the Slatebook governs. If a topic is not covered in the Slatebook, follow the Bluebook. Occasionally the Execs will clarify particularly troublesome rules via . The Slatebook conventions are organized by the Bluebook rule to which they correspond (with parenthetical indications of the page where each rule appears in the Bluebook). Refer to the quick reference guide on the back cover, or the table of contents on the inside front cover, to locate the Bluebook and Slatebook Rules. The end of the Slatebook also has an index, much like that in the Bluebook. Because the Slatebook is designed principally to point out where VLR conventions differ from those of the Bluebook, it is essential to look at the Bluebook in all areas. In other words, you should: 1. Look up the Bluebook rule for every citation when editing and proofreading. Citations often fool you into thinking that look like they are correct, but you won t be sure until you look it up! 2. Check the Slatebook for VLR Conventions changing the rule. Changes, Additions, and Clarifications This section includes all the rules where the VLR convention changes or adds to the Bluebook. The rules in this section always supersede the Bluebook. This section also provides elaboration or additional examples for confusing or often misapplied Bluebook rules. Bluebook Rule 1.2: Introductory Signals (BB p. 22) Parentheticals after signals: Unlike the Bluebook, VLR convention requires parenthetical explanations after the following signals: cf. 14

16 compare/with but cf. VLR does not require a parenthetical after one of these signals if the author is referencing the same piece (that is, supra and infra cites to other parts of the same work). Parentheticals are optional with all other signals. Signals as verbs. Spell out signals when they are used as verbs. For example, cf. becomes compare and e.g. becomes for example. When used in this way, information that would normally be included as a parenthetical should be made part of the sentence itself. Ex. For a more in-depth discussion of this issue, see, for example, David Reid, Why My GPA Is Better Than Yours, 70 Harv. L. Rev. 223 (2000). Bluebook Rule 1.3: Order of Signals (BB p. 24) Signals of the same basic type: String these together in one citation sentence, separated by semicolons. Signals of different types: Separate by periods (that is, placed in separate citation sentences). Also be sure that the signals are in the correct order within footnotes, as per the Bluebook rule. Bluebook Rule 1.4: Order of Authorities (BB p. 25) Make sure authorities in footnotes are properly ordered this is a very common mistake. Do not assume there is a substantive reason for an unusual order; if there is, the DE will let you know. Bluebook Rule 1.5: Parenthetical Information (BB p. 28) Unless exceptional circumstances dictate, all parentheticals must conform to one of the following formats: (1) A clause beginning with a participle (providing a paraphrased explanation of the source s meaning); Ex. Cf. Monifa Wright, How I Learned to Stop Worrying and Love the Bluebook 543 (1995) (discussing the relative merits of the Bluebook s 17th and 18th edition rules for the use of see ). 15

17 (2) A noun or noun phrase (generally appropriate only when the source s general relevance has already been explained); Ex. The Notes Department typically becomes famous for their ability to create complex bell curves and statistical models. See, e.g., Mike Nemelka, Complex Methods in Editorial Board Selection, 18 J.L. Soc y 223 (1985) (bell curves); Brad Ervin, Why Aren t There More Ones on My Grade Chart?, 25 Yale L.J. 164 (1989) (models). (3) A quoted sentence from the source (note that the final punctuation from the quoted sentence is included in the parenthetical). Ex. Cf. Kate Stanley, Marriage in Ten or Fifteen Years, reprinted in Selected Stories 74, 74 (Catherine Cockerham trans., Penguin Books 1960) (1885) ( Everything in this world improves: Swedish matches, operettas, locomotives, French wines, and human relations. ). (4) The word same or similar if the source is part of a string cite and the first source after the signal has a full parenthetical. Ex. See, e.g., Chad Bell, Overcommitment for Dummies, 90 Harv. L. Rev. 627 (1988) (arguing that one can easily run peer advising, be on Law Review, plan the Libel Show, and realistically participate in about seventeen other different law school organizations); Ann Robinson, Bring it on, 92 Yale L.J. 573 (1999) (same). Bluebook Rule 2: Typefaces for Law Reviews (a.k.a. VLR Italicization Conventions) (BB p. 30) The Virginia Law Review does not follow the elaborate typeface conventions of the Bluebook. Notwithstanding the use of typeface in the Slatebook, in the VLR itself the following rules apply: LARGE AND SMALL CAPITALS are used only for headings for Parts. Bold face and underlining are never used. Italicization is used only in the circumstances described below. Note that italics are used differently in citations and textual material. The difference between citations and textual material: 16

18 A citation is any reference in a footnote that has a signal (or no signal, according to Bluebook rule 1.2) followed by a source. Textual material is anything that is not a citation, whether it is in the footnotes or in the main text. Thus, case names that are themselves part of sentences are considered text, even in footnotes. Parentheticals are also text. This rule is confusing to explain, so we hope the following examples (and those throughout the Slatebook) will clarify. Ex. 1 Kendrick v. Six Authors in Search of a Journal, 87 F.3d 372 (4th Cir. 1996) (distinguishing the case from Bress v. Yale Law Journal, 85 F.3d 275 (4th Cir. 1995)). 6 The Fourth Circuit Court of Appeals affirmed the district court s decision in Nerd Herd v. Sexual Chocolate, 95 F.3d 973 (4th Cir. 1998). Bluebook Rule 2.1: [Italicization in] Citations (BB p. 30) The following italicization rules apply exclusively to citations in footnotes. (Textual material in footnotes and the main text is governed by the next section.) If it s not on this list, and it s in a citation, it should not be italicized. Case Names: The italicization of case names is governed by the following principles: (1) Never italicize case names when they are part of a full citation. Ex. 1 See, e.g., Doffermyre v. Michigan Law Review, 98 F.3d 473 (4th Cir. 1998). (2) Always italicize case names when used in a short citation. Ex. 8 Doffermyre, 98 F.3d at 478 (Attrep, J., concurring in part) (noting that VLR publishes on time and is a light-edit journal). Other items that must be italicized in citations include: (1) The phrase in. Common examples include reprinted in, quoted in, and cited in. 17

19 Ex. 8 Robert Lyman, The Inchoate Losses Utilized by the Callipygian Jurisprudentialists, in Christine Kim, Words You Probably Don t Understand and Neither Does Your Reader 486 (1999). (2) The word to when citing to a preface, foreword, introduction, or epilogue by someone other than the authors according to rule 15.6; Ex. 9 See Andrew Gelfand, Introduction to Patricia Freshwater, From Air Force to North Grounds: An Unauthorized Biography of Brad Barlow 17 (2002). (3) Words or phrases in the title of a book or an article that are italicized in the original. Ex. 10 See Adam Steinbauer & A.J. Stephens, Larry Franklin s Chinese Corporate Finance Debunked 46 (1998). Bluebook Rule 2.2: [Italicization in] Textual Material (BB p. 32) Only the following should be italicized in textual material: (1) All case names. Ex. This situation is governed by Nelson v. Dallas Cowboys, 16 which denied recovery for damages due to emotional distress The court in Nelson transformed the face of tort jurisprudence. (2) The names of books, journals, movies, plays, paintings, and continuing television series (but not the name of particular episodes of TV shows or song names). Ex. Professor Diem Tran verified that Friends The One With the Prom Video, accurately represents the mating behavior of lobsters. Ex. Professor James Tysse required his small section to purchase his textbook, Surviving Law School on Slim Jims and String Cheese. 18

20 (3) Equations (e=mc 2 ). (4) Individual letters, when used to represent the names of hypothetical parties or places; Ex. A formed a contract with B to purchase Blackacre, which is located in state X. (5) Words in quotations or titles that are italicized in the original (note, though, that words italicized in the original and italicized under one of the other Slatebook conventions should be in Roman, because the two italicizations cancel each other out). Ex. Steinbauer and Stephens s Larry Franklin s Chinese Corporate Finance Debunked overturns traditional thinking (6) Words the author wants to emphasize (Editorial Board members should mark these for the Departmental Editor s reference). (7) Certain foreign words. If the word is on the following list or is a variation of one of the words therein, it should be in ordinary roman type and NOT italicized. Common foreign phrases: a fortiori, a posteriori, a priori, amicus curiae, certiorari, de facto, de jure, dictum, ex ante, ex post, mens rea, prima facie, res ipsa loquitur, stare decisis. If the word is not on the above list or a variation of a word on the above list, leave it (italicized or not) as the author put it, and the Execs will make a final decision. Bluebook Rule 4.2b: Hereinafter. (BB p. 43) Hereinafter is generally only used when the same author is cited multiple times in the same footnote or when the shortened form would be confusing. VLR also allows use of hereinafter when multiple pieces by the same author are cited extensively throughout the text, even if the original citations are in different footnotes. 19

21 Note that the shortened form should appear in the same typeface used in the full citation. Ex. Proposed Amendments to the Slatebook: Hearings Before the Virginia Law Review Subcommittee on Citation Management, 108th Cong (2002) [hereinafter Hearings]. Ex: Kendra Robins, The Secret Ceremonies of Commissioners (2002); Kendra Robins, The Life of an Editor-in-Chief: Finding Time for Four Hours of Sleep (2d ed. 2002) [hereinafter Editor-in-Chief]. Bluebook Rule 5.3: Omissions and Ellipses in Quotations (BB p. 44) Please pay extra attention to ellipses. The Bluebook rules are complicated and it is very important that ellipses are done correctly at the initial edit and cite check stages. If you are not sure, please come by the Executive Editors office for help. Read the Bluebook rules carefully, then follow this process. The Bluebook rules in parentheses contains an example of each. 1. Look at the quote in the piece. Is it used as a phrase or a full sentence? a. Phrase The omitted material should be represented with an ellipsis (three periods). Punctuation within the omitted material is not indicated, although there may be a comma immediately before or after the omitted material that may be indicated. There should be no 4-period ellipses when the quote is used as a phrase. (BB 5.3(a)) b. Full Sentence Compare the original source and the quote in the piece to determine where the material is omitted from. The material will be omitted from one of five places: i. Beginning of the sentence (BB 5.3(b)(i)) Never use ellipses. If the first word is not capitalized in the original, capitalize it and put it in brackets. ii. Middle of a single sentence (BB 5.3(b)(ii)) Use a 3-period ellipsis. iii. End of the sentence (BB 5.3(b)(iii)) 20

22 This is when the material immediately preceding the final punctuation is omitted. Put a space after the final quoted word, followed by a 3-period ellipsis, and then the final punctuation. iv. After the end of the sentence (BB 5.3(b)(iv)) If the last word quoted is the last word of the sentence, include the final punctuation, but no ellipses. If a sentence ends, but there is more quoted material after the end of the sentence, include the final punctuation and then the ellipses. v. At the end of the sentence and after the sentence (BB 5.3(b)(v)) Use a 4-period ellipsis. Bluebook Rule 5.4: Quotation Paragraph Structure (BB p. 47) Follow the rules for the use of paragraph structure as outlined in this Bluebook rule. Do not assume that you already know the rules. Most importantly, when you have a block quote, check to see if the start of the block quote is the start of a paragraph in the original. If it is, indent it. If it is not, do not indent it. When the block quotation is placed in a textual paragraph in the footnotes, it should set off from the rest of the text in block quote format. If a quotation appearing in the footnotes is within a parenthetical, the quotation is enclosed in quotation marks and not otherwise set off from the rest of the text, regardless of its length. Bluebook Rule 6.1: Abbreviations (BB p. 47) Format: Always use quotation marks within parentheses to identify an abbreviation on its first reference in the piece. Ex. Food and Drug Administration ( FDA ) First Appearance: If the term is first used in a footnote that precedes the first reference in the main text, introduce the abbreviation again at the first main text reference. 21

23 Organizational Names: Note the Bluebook rule provides that organizational names may be abbreviated without periods only when the entities are commonly referred to in spoken language by their initials rather than their full names. Thus, CIA and NASA are acceptable without periods, but the Western District of Virginia must be abbreviated W.D. Va. Political Entities (e.g., United States ): Use periods when abbreviating the names of all political entities (for example, the U.S., U.N., the E.U., and N.Y.). Such abbreviations may only be used as adjectives; the abbreviations cannot be used as nouns. United States may not be abbreviated in a case name. Ex. The European Union announced a new trade agreement on Thursday. The E.U. trade agreement provides.... Bluebook Rule 6.2: Numerals and Symbols (BB p. 49) Numerals: Follow the Bluebook rules for deciding whether a number should be spelled out or written as a numeral (rule 6.2(a), BB p. 49), and for the use of dollar and percent symbols (rule 6.2(c), BB p. 50). Ex. Robert Prince embezzled $9 million from the Virginia Law Review Association. Jen Attrep collected the nine dollars in copyrights owed to the Virginia Law Review Association. As stated in Bluebook Rule 6.2(a)(v), when percentages or dollar amounts are repeatedly referred to within a Section, numerals should be used for those percentages or amounts (see Slatebook p. 38 for the definition of a Section). Exception: When indicating the number of votes a court s opinion received, use the numerals separated by a hyphen. ( In Brown, the Court surprisingly voted 9-0 to desegregate public schools. ) Symbols: VLR convention differs slightly from the Bluebook in its treatment of section ( ) and paragraph ( ) symbols. (BB p. 50) 22

24 In the main text, spell out and capitalize the words Section and Paragraph when referring to a specific part of a code or statute. Ex. The case was filed under Section In footnote text and citations, the or symbols should always be used, except at the beginning of sentences (where the word must be spelled out). Ex. 1 The case was filed under U.S.C provides a cause of action in similar circumstances. 3 Section 1983 claims have increased over the years. Remember to make sure there is a non-breaking space after either symbol. Bluebook Rule 8: Capitalization (BB p. 51) The VLR follows all of the capitalization rules in this section of the Bluebook. Particularly note the treatment of Commonwealth, State, Federal, and the President (as used to refer to the office); mistakes are frequently made with these words. Below are a few additional capitalization rules, which supplement those given in the Bluebook. (1) The terms Article, Essay, Book Review, Note, and so on (as well as subdivisions such as Part and Section) should be capitalized when used to refer to the piece itself. The terms should not be capitalized when used to refer to another work or subdivisions of another work. Ex. The third Part of this Article will discuss Paul Rugani s seminal tract on the metaphors implicit in Superman: For Tomorrow. Stacie Boothe discusses the reasons why she enjoys page proofing so much in the third part of her latest article. (2) Do not capitalize constitutional, governmental, congressional, presidential, and similar adjectives. 23

25 (3) Do not capitalize government : While State and Commonwealth are capitalized when used to refer to litigants in a suit, government should not be. (4) Do capitalize references to foreign political units that are capitalized in the native language. For example, several German Lander, should be capitalized as in the native language. (5) Capitalization of words in the titles of books, articles, and similar materials should follow the original, to the extent that the original provides such capitalization information. If the original is unclear (if, for example, the Lexis/Westlaw version is in all caps), follow the VLR default rule: Always capitalize the first letter of the first word of any title, and the first letter of the first word after a colon. Capitalize the first letter of every word in the title as well, except for prepositions, articles, and conjunctions of four letters or fewer (which should begin with lowercase letters). Bluebook Rule 9: Names of Courts, Judges, and Professors (BB p. 53) Judges and Justices: The Bluebook rule requires use of the titles Judge, Justice, Chief Judge, and Chief Justice. Ed. Board members should add the appropriate title whenever a judge or justice is mentioned in the text. Professors: Student authors should always use the honorific title Professor when referring to professors work in their Notes or Comments. Other authors are encouraged to use it; Editorial Board members should insert the honorific title if the biographic material for the source s author indicates that is appropriate. Most importantly, be sure that this title is used consistently (either give all professors a title, or don t use the title at all). Previous Jobs/Positions: Indicate, by reference to the former title, when a justice, judge, or other person is mentioned in regard to his or her previous position. 24

26 Ex. As then-judge Ruth Bader Ginsburg wrote.... Courts: Give the full name of a court the first time that court is mentioned in the text. Ex. The United States District Court for the Southern District of New York awarded Brege $2 million in damages for being forced to work in a termite-infested office. The United States Court of Appeals for the Second Circuit reversed. Subsequent mentions of the same court may be shortened so as to avoid ambiguity. (For these purposes, the first mention of any one circuit court or district court is considered to be the first reference for all subsequent circuit courts or district courts; that is, following a first reference to the Fourth Circuit Court of Appeals, it would be acceptable to say the Third Circuit the first time that court is mentioned.) If the first textual reference to a court occurs in the footnotes before the first reference in the main text, use the full name in both instances. Bluebook Rule 10: Cases (BB p. 55) The rules in the Bluebook govern. Note that the 18th edition of the Bluebook s T.6 has an expanded list of abbreviations for case names in citations. The Bluebook also requires the abbreviation of the first word of case names in citations. Please remember that the words in T.6 are not abbreviated in textual material including parentheticals but the abbreviations are used in citations. Ex. See Litland v. Univ. of Va., 102 F. Supp. 2d 226 (2004) (finding that under Philpott v. University of Virginia, 101 F. Supp. 2d 420 (2003), utter ignorance of flex exam procedures is not a valid excuse for failing to take an exam). Bluebook Rule (h): Business Firm Designations (BB p. 61) As the Bluebook rule states, omit Inc., Ltd., N.A., F.S.B., and similar terms if the name of a party also contains 25

27 words such as Ass n, Bros., Co., Corp., Ry., and R.R. that clearly indicate that the party is a business firm. Additionally, omit Inc. and Ltd. even where they are the only business designations, whenever the name of the party itself clearly indicates that it is a business. Ex. United Van Lines v. Brooks Bros. Not: United Van Lines, Inc. v. Brooks Bros., Ltd. Inc. and Ltd. are always retained with one-word business firm names, because, in theory, the one word might be a party s last name. Ex. Microsoft Corp. v. Albertson s, Inc. Not: Microsoft Corp. v. Albertson s Ass n, Bros., Co., Corp., R.R., and Ry. are retained in all circumstances. Bluebook Rule 10.6: Parenthetical Information Regarding Cases (BB p. 67) Follow the Bluebook rule, with the following additions regarding the treatment of concurrences and dissents. When an id. refers to the same case and to the same opinion cited in the preceding citation, no parenthetical is necessary. But when the id. refers to a different opinion (i.e., concurring or dissenting), the fact must be indicated parenthetically, even if the second opinion cited is the majority opinion. A series of footnotes might read: Ex. 1 Yuengling Lager v. Samuel Adams, 580 U.S. 201, 204 (1996). 2 Id. at 250, 253 (Hansel, J., concurring in part, dissenting in part, and concurring in the judgment). 3 See id. 4 See id. at 204 (majority opinion). 5 Id. at 280 (Kier, J., dissenting). 6 Id. at 206 (majority opinion). Judges Joining an opinion: VLR generally only includes the name of the judge or justice who wrote the dissenting or concurring 26

28 opinion, but in some cases the names of those who joined the opinion are particularly important to the author s point. In that case, the author of the opinion should be first; the order of those who joined the opinion should follow that used in the case: Ex. 8 Yuengling, 580 U.S. at 240 (Mahler, Schaffer, & Reid, J.J., concurring in part, dissenting in part, and concurring in the judgment). When the text of the opinion itself does not say whether the opinion is a concurrence or a dissent, use the same format cited above but retain the description used in the opinion. These alternate descriptions are most likely to appear in citations to foreign courts. Ex. 9 Public Service v. Private Profit, 501 U.S. 23, 68 (1994) (Short, J., separate opinion). 10 Broadway v. Dinner Theatre, 480 U.S. 142, 170 (1994) (Allen, J., statement). Bluebook Rule 10.7: Prior and Subsequent History (BB p. 68) Do not italicize phrases dealing with subsequent and prior histories. In all other respects, the Bluebook rule governs. Bluebook Rule 10.9: Short Forms for Cases (BB p. 71) Bookman, 480 U.S. at 170: Although the Bluebook offers a choice of short forms, the one we use is: Bookman, 480 U.S. at 170. Id., of course, must be used where applicable under Bluebook rule 4.1 (BB p. 40). When case names first appear in the main text, we require a footnote call immediately after the first sentence in which the case is mentioned. If, in the same textual sentence, there appears a quotation or other proposition for which the case is cited, be sure to include pinpoint citation information as well. Ex. In Robins v. Virginia Law Review Association the Supreme Court of Virginia held that the managing board could, as a matter of law, be held liable for the mono epidemic S.E.2d 587, 597 (Va. 1997). 27

29 Exception: When more than one case is introduced in the same textual sentence, use call cites after the case names to provide the basic citation information for the individual cases. Ex: Chief Justice Marshall gained notoriety with his majority opinions in Marbury v. Madison 1 and McCulloch v. Maryland U.S. (1 Cranch) 137 (1803) U.S. (4 Wheat.) 316 (1819). Exception: When the sentence asserts the author s argument rather than the holding of the case, use a footnote call immediately after the case name. Ex: The doctrine of judicial review pursuant to Marbury v. Madison 1 is long-established, but I believe that the case was wrongly decided. 1 5 U.S. (1 Cranch) 137 (1803). In the main text, use a case s shortened name (generally, the name of one of the parties) only when the case has already been named in full in the same textual discussion (which we consider to consist of the main text of the Part ). Ex. II. The Supreme Court s Approach The Court in Robins v. Trammell attempted to resolve the conflict among the various circuits A. Criticisms and Commentators Many scholars have questioned the Court s reasons for granting certiorari in Robins. III. New Directions It is uncertain whether the Robins v. Trammell approach will be followed in the future. 24 In footnotes, do not use a shortened name or a short form citation unless the case has been either: (1) named or cited in the last five footnotes, or (2) previously named in the same textual discussion (that is, the main text of the Part) to which the footnote is appended. 28

30 Exceptions: All case names that appear anywhere in the main text may be short-cited in the conclusion, and cases that are the focus of the piece should be short-cited throughout, after the first main text reference. Bluebook Rule 12.3: Statutes: Current Official and Unofficial Codes (BB p. 78) As the Bluebook states, Cite to the official code whenever possible. For federal laws cite to the U.S.C. unless the law is too recent to have been codified there. For state laws, cite to the state code in the law library (though this code often is not the official code). Always be sure to check the code s supplement. (For citations to the U.S.C., check the U.S.C.A. and its supplement, since the U.S.C., which was last updated in 2000, does not have a supplement.) Legislators have joined in a dark, cabalistic conspiracy to amend and repeal laws on a regular basis. Your law may be next. Bluebook Rule 12.5: Statutes: Secondary Sources (BB p. 83) Be aware that U.S.C.C.A.N., which is mentioned in this rule and in rules 13.4 and 14.7(b), was, in an earlier incarnation, the U.S. Congressional Service. Make sure that you check the volume s spine carefully to ensure that the citation is to the correct name. Otherwise, follow the rule. Bluebook Rule 12.6: Statutes: Repeal, Amendment, and Prior History (BB p. 84) When the author cites an early version of a law that has later been amended or repealed, this later history should be included in the citation. This means that most citations to statutes must be checked for subsequent history. Because this is a pain, laws passed before 1900 (most notably the Judiciary Act of 1789) are exempt from this rule unless the subsequent history is relevant to the author s point. Bluebook Rule : Internal Revenue Code (BB p. 85) The Bluebook suggests that in citations to the Internal Revenue Code, one may replace 26 U.S.C. with I.R.C. In recognition of the fact that the IRS itself is not exactly known for its leniency, VLR convention says one must use I.R.C. instead. 29