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Notable Differences Between ALWD (2d) and Bluebook (17th). . . . for law review members and research assistants. Tips for Using the Bluebook. Use the “Quick Reference: Law Review Footnotes” at the very front. Do not use the Quick Reference in the back .
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Notable Differences Between ALWD (2d) and Bluebook (17th) . . . for law review members and research assistants
Tips for Using the Bluebook • Use the “Quick Reference: Law Review Footnotes” at the very front. • Do not use the Quick Reference in the back. • Use the index to find pertinent rules. • Consult ALWD if you need clarification; most rules are similar.
Signals (BB 1.2; ALWD 44) • The definitions of signals in ALWD and the Bluebook are very similar, but read them carefully. • Under Bluebook form: • Insert a comma whenever “e.g.,” is used (ALWD does not use the comma). • When you move from one category of signal to another, insert a period (in ALWD, you would use semicolons).
Order of Authorities (BB 1.4; ALWD 45) • Federal district courts: Treat as one court and put in reverse chronological order. (In ALWD, courts are first ordered alphabetically, then in reverse chronological order.) • Federal courts of appeals: Treat as one court and put in reverse chronological order. (In ALWD, courts are first ordered by ordinal, then in reverse chronological order.)
Related Authority (BB 1.6; ALWD 46) • Append related authority with an italicized explanatory phrase (in ALWD, related authority is included within a parenthetical and is not italicized): Case One, quoting TREATISE THREE
Typeface: Small caps (BB 2; ALWD 1) • The Bluebook uses large and small capital letters for the following sources (ALWD does not use this typeface at all): • Constitutions:Abbreviations (CAL. CONST.) • Statutes:Statutory abbreviation (FLA. STAT.) • Books:Author names and titles (AUTHOR, TITLE OF BOOK 55-56 (2003). • Periodicals:Periodical abbreviation (MICH. L. REV.) • Restatements: Title (RESTATEMENT OF AGENCY)
Typeface: Cases (BB 2; ALWD 1) • Bluebook: • Full case names in textual sentences: italicize • Full case names in citations: regular type; no italics • Short case names in the text and citations: italicize • In ALWD, case names are always italicized.
Volume numbers (BB 3.1; ALWD 22) • Under the Bluebook, place the volume number for a book before the author’s name: • 1 AUTHOR NAME, BOOK TITLE 105 (2003). • In ALWD, the volume appears after the book title, like other subdivisions: • Author Name, Book Title vol. 1, 105 (Publisher name 2003).
Page Spans (BB 3.3; ALWD 5) • Under the Bluebook, drop repetitious digits, but always retain two digits on the right hand side: • 1354-57 • 101-05 • Note: This rule does not apply to section or paragraph numbers. • ALWD gives the same option and the option to retain all digits
Internal Cross-References (BB 3.6; ALWD 10) • The rules are very similar, but under the Bluebook, spell out “note”: • BB: Infra note 45 and accompanying text. • ALWD: Infra n. 45 and accompanying text.
Id. (BB 4.1; ALWD 11.3) • The rules are very similar; however, the Bluebook has a “5 id.” rule that ALWD does not. • Under the Bluebook, do not use id. or another short form unless “it can be readily found in one of the preceding five footnotes” (emphasis in original) • Bluebook Rules 10.9 and 12.9 contain this “5 footnote” rule.
Quotations (BB 5; ALWD 47) • The Bluebook has a stricter rule and says to block indent when more than forty-nine words are quoted. • ALWD says to block indent when the quotation spans more than four typed lines of text or exceeds fifty words.
Abbreviations (BB 6.1; ALWD 2) • The spacing rules are virtually identical. • The lists of specific abbreviations in tables differ. The Bluebook sometimes uses a format that includes an apostrophe. • BB examples ALWD examples • Ass’n Assn. • Dep’t Dept. • Gov’t Govt. • Int’l Intl.
Capitalization (BB 8; ALWD 3) • Most capitalization rules are consistent. • Two differences to watch out for: • Under the Bluebook, do not capitalize prepositions unless they are five or more letters long. • Under the Bluebook, do not capitalize “Court” when referring to a state supreme court.
Cases (BB 10; ALWD 12) • Remember the typeface differences discussed earlier. • Remember the differences in abbreviations for words in case names. • Under the Bluebook, you may, but are not required, to note the district or department for state intermediate courts (Rule 10.4). • ALWD requires the district or department to be noted.
Cases - continued • Under Bluebook Rule 10.5, “[w]hen citing a case with several different decisions in the same year, include the year only with the last-cited decision in that year.” • So, if the F. Supp. decision and the F.2d decision were both 2001, include the date only with the F.2d decision. • Under ALWD, include the date for each decision, even if the dates are the same.
Cases on Electronic Databases (BB 10.8.1; ALWD 12.12) • Under the Bluebook, include the docket number as part of the citation: • Case X, No. ABC-123, 2003 U.S. App. LEXIS 789, at *2 (3d Cir. Jan. 10, 2003). • ALWD deletes the document number.
Constitutions (BB 11; ALWD 13) • The forms are identical, except for typeface. • BB: U.S. CONST. art I. • ALWD: U.S. Const. art. I.
Restatements (BB 12.8.5; ALWD 27) • The forms are virtually identical, except for typeface. • BB: RESTATEMENT (THIRD) OF UNFAIR COMPETITION§ 3 (1995). • ALWD: Restatement (Third) of Unfair Competition§ 3 (1995).
Books (BB 15; ALWD 22) • Remember the typeface differences. • Remember volume placement. • Typically do not include the publisher in a Bluebook citation.
Periodicals (BB 16; ALWD 23) • Remember the typeface differences. • There are a few periodical abbreviations that differ; look each up to ensure accuracy. • BB: Kenneth R. Feinberg, Mediation---A Preferred Method of Dispute Resolution, 16 PEPP. L. REV. 5, 14 n.19 (1989). • ALWD: Kenneth R. Feinberg, Mediation---A Preferred Method of Dispute Resolution, 16 Pepp. L. Rev. 5, 14 n. 19 (1989).
Periodicals - continued • The form for nonconsecutively paginated periodicals differs: • BB: Robert J. Samuelson, A Slow Fix for Banks, NEWSWEEK, Feb. 18, 1991, at 55. • ALWD: Robert J. Samuelson, A Slow Fix for Banks, Newsweek 55 (Feb. 18, 1991).
Student-Written Pieces (BB 16.6.2; ALWD 23.1) • The Bluebook uses terms like “Note” and “Comment” to designate student works. • BB: Author, Note, Title, 20 AAA L. REV. 14, 37 (2003). • ALWD: Author, Student Author, Title, 20 AAA L. Rev. 14, 37 (2003).
Internet (BB 18; ALWD 40) • There are slight format differences. • The Bluebook has different formats for material posted only on the Web and for material reprinted on the Web (at v. available at formats). • As a date option, the Bluebook uses a “last visited” format, which is similar to the ALWD “accessed” format.
Summary • Use the index to find rules. • Check forms with the “Quick Reference” in the front. • You may use the examples within the Bluebook as guides for law review footnotes. • Consult ALWD for additional explanation if you do not understand the Bluebook rule --- but keep typeface differences in mind.