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2007-08 S ENIOR B OARD

2007-08 S ENIOR B OARD. E RIC J. W EISS Editor-In-Chief. A NDY N. D E C LERCQ Senior Managing Editor. N OEL S PENCER Senior Articles Editor. R EBECCA K ENNEDY H AMRIN Senior Managing Editor. C HRIS T HOMPSON Senior Administrative Editor.

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2007-08 S ENIOR B OARD

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  1. 2007-08 SENIOR BOARD ERIC J. WEISSEditor-In-Chief ANDY N. DECLERCQSenior Managing Editor NOEL SPENCERSenior Articles Editor REBECCA KENNEDY HAMRINSenior Managing Editor CHRIS THOMPSONSenior Administrative Editor LAURA DOMBOURIANBRITTA LINDBERGSymposium Editors WENDY RICHARDSSenior Note & Comment Editor

  2. Bluebook Seminar SENIOR MANAGING EDITORS Andy N. DeClercq: andeclercq@wisc.edu Rebecca Kennedy Hamrin: rakennedy@wisc.edu Co-Starring...

  3. 1. Citation to p. 935 of Gilbert v. Homar Rule 10 (p.79):

  4. 1. Citation to p. 935 of Gilbert v. Homar Gilbert v. Homar, Rule 10 (p.79): A full U.S. Supreme Court case citation includes: • The parties

  5. 1. Citation to p. 935 of Gilbert v. Homar Gilbert v. Homar, 520 U.S. Rule 10 (p.79): A full U.S. Supreme Court case citation includes: • The parties • The reporter number and abbreviation

  6. 1. Citation to p. 935 of Gilbert v. Homar Gilbert v. Homar, 520 U.S. 924, 935 Rule 10 (p.79): A full U.S. Supreme Court case citation includes: • The parties • The reporter number and abbreviation • The page that the case appears on, and the specific page cited if necessary (the pinpoint).

  7. 1. Citation to p. 935 of Gilbert v. Homar Gilbert v. Homar, 520 U.S. 924, 935 (1997). Rule 10 (p.79): A full U.S. Supreme Court case citation includes: • The parties • The reporter number and abbreviation • The page that the case appears on, and the specific page cited if necessary (the pinpoint). • The year of the decision

  8. 1. Citation to p. 935 of Gilbert v. Homar Gilbert v. Homar, 520 U.S. 924, 935 (1997). Rule 10 (p.79): The full citation appears above.

  9. 2. Correction of a Federal Court of Appeals Case Citation in a Law Review Footnote Citation Given: Mayo Foundation v. Surface Transportation Board, 472 F. 3d 545 (8th Cir 2006). Correct Form: Rule 10 (p. 79):

  10. 2. Correction of a Federal Court of Appeals Case Citation in a Law Review Footnote Citation Given: Mayo Foundation v. Surface Transportation Board, 472 F. 3d 545 (8th Cir 2006). Correct Form: Rule 10.2 (p. 79): • We start with rule 10.2 which refers us to two additional rules: • rule 10.2.2 for case names in citations • rule 2 for italicization

  11. 2. Correction of a Federal Court of Appeals Case Citation in a Law Review Footnote Citation Given: Mayo Foundation v. Surface Transportation Board, 472 F. 3d 545 (8th Cir 2006). Correct Form: Mayo Found. v. Surface Transp. Bd., Rule 10.2.2 (p. 86): Rule 10.2.2 instructs us to abbreviate the case name according to table T.6 (p. 335). By looking up each word in the case name in table T.6, we arrive at the case name highlighted above.

  12. 2. Correction of a Federal Court of Appeals Case Citation in a Law Review Footnote Citation Given: Mayo Foundation v. Surface Transportation Board, 472 F. 3d 545 (8th Cir 2006). Correct Form: Mayo Found. v. Surface Transp. Bd., Rule 2.1(a) (p. 55): Rule 2.1(a) tells us that full case names in law review citations appear in ordinary roman type.

  13. 2. Correction of a Federal Court of Appeals Case Citation in a Law Review Footnote Citation Given: Mayo Foundation v. Surface Transportation Board, 472 F. 3d 545 (8th Cir 2006). Correct Form: Mayo Found. v. Surface Transp. Bd., 472 F.3d 545 Rule 10.3.2 (p. 87), table T.1 (p. 193): Rule 10.3.2 directs us to table T.1 to find the correct citation form for the federal reporter. Table T.1 shows that we must remove the space between “F.” and “3d.”

  14. 2. Correction of a Federal Court of Appeals Case Citation in a Law Review Footnote Citation Given: Mayo Foundation v. Surface Transportation Board, 472 F. 3d 545 (8th Cir 2006). Correct Form: Mayo Found. v. Surface Transp. Bd., 472 F.3d 545 (8th Cir. Rule 10.4 (p. 89), table T.1 (p. 193), rule 6.2(b) (p. 74): • Rule 10.4 tells us to include the name of the court that decided our case. We use table T.1 to find the correct form. • While there is no specific example for the eighth circuit, by following other examples we notice that superscript is improper (which rule 6.2(b) confirms) and that our given citation is missing a period.

  15. 2. Correction of a Federal Court of Appeals Case Citation in a Law Review Footnote Citation Given: Mayo Foundation v. Surface Transportation Board, 472 F. 3d 545 (8th Cir 2006). Correct Form: Mayo Found. v. Surface Transp. Bd., 472 F.3d 545 (8th Cir. 2006). Rule 10.5 (p. 90): Finally, rule 10.5 instructs us to include the date of the decision after the name of the deciding court. Notice that we do not separate the court name and the date with a comma.

  16. 2. Correction of a Federal Court of Appeals Case Citation in a Law Review Footnote Citation Given: Mayo Foundation v. Surface Transportation Board, 472 F. 3d 545 (8th Cir 2006). Correct Form: Mayo Found. v. Surface Transp. Bd., 472 F.3d 545 (8th Cir. 2006). Rule 10 (pp. 79-99): The fully corrected citation appears above.

  17. 3. Full Citation to People v. Williams Rule 10 (p. 79):

  18. 3. Full Citation to People v. Williams People v. Williams, Rule 2.1(a) (p. 55), rule 10.2.2 (p. 86), table T.6 (p. 193): • Rule 10.2.2 tells us to abbreviate according to table T.6 • Here, we do not have to make any abbreviations because none of the words are in the table • Looking at the examples, we can see that the case name is supposed to appear in ordinary roman text • We can confirm this by referencing rule 2, which covers typefaces for law reviews

  19. 3. Full Citation to People v. Williams People v. Williams, 148 P.3d 47 Rule 10.3.2 (p. 87), table T.1 (p. 200): • Rule 10.3.2 tells us to include: • The reporter volume number (rule 3.1) • The abbreviated name of the reporter • This can be found in the California section of table T.1 • The number of the first page on which the case appears (rule 3.2)

  20. 3. Full Citation to People v. Williams People v. Williams, 148 P.3d 47 (Cal. Rule 10.4(b) (p. 90), table T.10 (p. 342), table T.1 (p. 200): • According to rule 10.4(b), we indicate both the name of the state and the court of decision. • However, rule 10.4(b) also tells us that when we are citing a decision from the highest court of the state, we do not include the name of the court. Thus, because this is a decision by the highest court in California (Supreme Court of California), we include only the state name, abbreviated according to table T.10. • We can double check our conclusion by referencing the California section of table T.1. This last step is important because not every state uses the name “supreme court” to designate its highest court. For example, the highest court in New York is the New York Court of Appeals.

  21. 3. Full Citation to People v. Williams People v. Williams, 148 P.3d 47 (Cal. 2006). Rule 10.5 (p. 90): Finally, rule 10.5(a) instructs us to include the year of the decision.

  22. 3. Full Citation to People v. Williams People v. Williams, 148 P.3d 47 (Cal. 2006). Rule 10 (pp. 79-99): The full citation appears above.

  23. 4. Short Citation to p. 53 of People v. Williams Full Citation: People v. Williams, 148 P.3d 47 (Cal. 2006). Short Forms: Rule 10.9 (p. 97):

  24. 4. Short Citation to p. 53 of People v. Williams Full Citation: People v. Williams, 148 P.3d 47 (Cal. 2006). Short Forms: Rule 10.9 (p. 97) and rule 4: Rule 10.9 covers short forms for cases. Rule 4 is the general rule regarding short forms. Notice that rule 10.9(a) provides a specific explanation regarding when it is appropriate to use the short form in a law review footnote. We will cover several possible short forms for this case.

  25. 4. Short Citation to p. 53 of People v. Williams Full Citation: People v. Williams, 148 P.3d 47 (Cal. 2006). Short Forms: • Williams, Rule 10.9(a)(i) (p. 98): To begin, we choose one party’s name (or a readily identifiable shorter version of one party’s name). Here we use “Williams” because using “People” would not distinguish the case as well. Note that in the short form, the party name is italicized, but the comma following it is not.

  26. 4. Short Citation to p. 53 of People v. Williams Full Citation: People v. Williams, 148 P.3d 47, 53 (Cal. 2006). Short Forms: • Williams, 148 P.3d at 53. Rule 10.9(a)(i) (p. 98): Next, we add the pinpoint citation by following the example in rule 10.9(a)(i).

  27. 4. Short Citation to p. 53 of People v. Williams Full Citation: People v. Williams, 148 P.3d 47, 53 (Cal. 2006). Short Forms: • Williams, 148 P.3d at 53. • 148 P.3d at 53. • Id. at 53. • Id. Rule 10.9 (pp. 97-99) and rule 4 (pp. 64-67): • Notice that rule 10.9 also allows several other short citation forms: • If the case being cited is apparent, we may omit the name (yellow). • following rules 4.1 and 10.9(b), we may be able to use “id.” Depending on the circumstance either with (red) or without (green) a pinpoint.

  28. 4. Short Citation to p. 53 of People v. Williams Full Citation: People v. Williams, 148 P.3d 47, 53 (Cal. 2006). Short Forms: • Williams, 148 P.3d at 53. • 148 P.3d at 53. • Id. at 53. • Id. Rule 10.9 (pp. 97-99) and rule 4 (pp. 64-67): The list of potentially proper short forms appears above.

  29. 5. Correction of a State Statute Citation Citation Given: Wis Stat 133.01 (2005-2006). Correct Form: Rule 12 (p. 101) and table T.1 (239):

  30. 5. Correction of a State Statute Citation Citation Given: Wis Stat 133.01 (2005-2006). Correct Form: Rule 12 (p. 101) and table T.1 (239): Rule 12 deals with statutes generally. However, for a specific state statutory citation table T.1 may be more helpful because it provides specific examples of the proper form for each state.

  31. 5. Correction of a State Statute Citation Citation Given: Wis Stat 133.01 (2005-2006). Correct Form: WIS. STAT. Table T.1 (239): • Table T.1 instructs us to: • Add a period after “Wis” and “Stat”

  32. 5. Correction of a State Statute Citation Citation Given: Wis Stat 133.01 (2005-2006). Correct Form: WIS. STAT. Table T.1 (239): • Table T.1 instructs us to: • Add a period after “Wis” and “Stat” • Change the font to small caps

  33. 5. Correction of a State Statute Citation Citation Given: Wis Stat 133.01 (2005-06). Correct Form: WIS. STAT. § 133.01 Table T.1 (239): • Table T.1 instructs us to: • Add a period after “Wis” and “Stat” • Change the font to small caps • Add a section symbol before the statute number

  34. 5. Correction of a State Statute Citation Citation Given: Wis Stat 133.01 (2005-06). Correct Form: WIS. STAT. § 133.01 (2005–2006). Table T.1 (239), rule 12.3.2 (p. 105): • Finally, we have to review the year of the statute. Table T.1 indicates that we should include the “year.” However, rule 12.3.2 instructs that when there are multiple years for the statute, we must include all the years covered. • Unfortunately, rule 12.3.2 does not mention how to record multiple years. The index also fails to provide an answer. However, if we scan the pages surrounding rule 12.3.2, we find a pertinent example under rule 12.3.1(c). Using this as a model, we include both full years separated by a dash.

  35. 5. Correction of a State Statute Citation Citation Given: Wis Stat 133.01 (2005-06). Correct Form: WIS. STAT. § 133.01 (2005–2006). Rule 12 (pp. 101-13) and table T.1 (239): The fully corrected citation appears above.

  36. 6. Full Citation to a Law Review Article Rule 16 (p. 138): A full periodical citation includes:

  37. 6. Full Citation to a Law Review Article H. S. Richards, Rule 16 (p. 138): A full periodical citation includes: • The author (rule 16.1) in ordinary roman type

  38. 6. Full Citation to a Law Review Article H. S. Richards, The Uniform Partnership Act Rule 16 (p. 138): A full periodical citation includes: • The author (rule 16.1) in ordinary roman type • The title (rule 16.2) in italics, capitalized according to rule 8 (“The” is capitalized because it begins the title)

  39. 6. Full Citation to a Law Review Article H. S. Richards, The Uniform Partnership Act, 1 WIS. L. REV. 5 (1920). Rule 16 (p. 138): A full periodical citation includes: • The author (rule 16.1) in ordinary roman type • The title (rule 16.2) in italics, capitalized according to rule 8 (“The” is capitalized because it begins the title) • The volume number, periodical title (in small caps as listed in table T.13), and year enclosed in parentheses (rule 16.3)

  40. 6. Full Citation to a Law Review Article H. S. Richards, The Uniform Partnership Act, 1 WIS. L. REV. 5 (1920). Rule 16 (p. 138-47): The full citation appears above.

  41. 7. Short Citation to “The Commissioners on . . .” in The Uniform Partnership Act (Note 5) Full Citation: 5 H. S. Richards, The Uniform Partnership Act, 1 WIS. L. REV. 5, 5 (1920). Short Form: 10 Rule 16.7 (p. 146):

  42. 7. Short Citation to “The Commissioners on . . .” in The Uniform Partnership Act (Note 5) Full Citation: 5 H. S. Richards, The Uniform Partnership Act, 1 WIS. L. REV. 5, 5 (1920). Short Form: 10 Rule 16.7 (p. 146): • According to rule 16.7, we can use either id. or supra for our short form. In this case, id. is not appropriate because we are not citing the immediately preceding authority. While rule 16.7 does not provide a cross reference, rule 4.2 also covers the use of supra. • Notice that the pinpoint citation is to the first page of the article. According to rule 3.2, when pinciting the first page of a source, the citation should repeat the page number.

  43. 7. Short Citation to “The Commissioners on . . .” in The Uniform Partnership Act (Note 5) Full Citation: 5 H. S. Richards, The Uniform Partnership Act, 1 WIS. L. REV. 5, 5 (1920). Short Form: 10 Richards, Rule 16.7 (p. 146), rule 4.2 (66): • A Correct Supra Cite Includes: • The author’s last name

  44. 7. Short Citation to “The Commissioners on . . .” in The Uniform Partnership Act (Note 5) Full Citation: 5 H. S. Richards, The Uniform Partnership Act, 1 WIS. L. REV. 5, 5 (1920). Short Form: 10 Richards, supra note 5, Rule 16.7 (p. 146), rule 4.2 (66): • A Correct Supra Cite Includes: • The author’s last name • “Supra” followed by the footnote in which the original full citation appears

  45. 7. Short Citation to “The Commissioners on . . .” in The Uniform Partnership Act (Note 5) Full Citation: 5 H. S. Richards, The Uniform Partnership Act, 1 WIS. L. REV. 5, 5 (1920). Short Form: 10 Richards, supra note 5, at 5. Rule 16.7 (p. 146), rule 4.2 (66): • A Correct Supra Cite Includes: • The author’s last name • “Supra” followed by the footnote in which the original full citation appears • The pincite page number, preceded by “at”

  46. 7. Short Citation to “The Commissioners on . . .” in The Uniform Partnership Act (Note 5) Full Citation: 5 H. S. Richards, The Uniform Partnership Act, 1 WIS. L. REV. 5, 5 (1920). Short Form: 10 Richards, supra note 5, at 5. Rule 16.7 (p. 146), rule 4.2 (66): The correct short form citation appears above.

  47. 8. Correction of a Citation to a Book in a Law Review Footnote Citation Given: Timothy B. Tyson, Blood Done Sign My Name, 133 (2004). Correct Form: Rule 15 (p. 129):

  48. 8. Correction of a Citation to a Book in a Law Review Footnote Citation Given: Timothy B. Tyson, Blood Done Sign My Name, 133 (2004). Correct Form: TIMOTHY B. TYSON, Rule 15.1 (p. 130): Rule 15.1 shows us that the author’s name should appear in small caps.

  49. 8. Correction of a Citation to a Book in a Law Review Footnote Citation Given: Timothy B. Tyson, Blood Done Sign My Name, 133 (2004). Correct Form: TIMOTHY B. TYSON, BLOOD DONE SIGN MY NAME Rule 15.3 (p. 132): Rule 15.3 explains that the title should also appear in small caps without italics.

  50. 8. Correction of a Citation to a Book in a Law Review Footnote Citation Given: Timothy B. Tyson, Blood Done Sign My Name, 133 (2004). Correct Form: TIMOTHY B. TYSON, BLOOD DONE SIGN MY NAME 133 Rule 15 (p. 132), rule 3.2 (p. 59): Rule 15 does not explicitly cover pincites for book citations. However, we can simply follow the example at the beginning of the section (p. 129). We can also double check our work by referencing the general rule regarding pincites (rule 3.2). Referencing these sources, we find that the pincite is correctly placed before the date parenthetical, but we need to remove the comma that follows the title.

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