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Introduction to Basic Legal Citation - access-to-law home

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While the formats and other details vary slightly, several other jurisdictions have implemented<br />

case citation schemes employing the same basic structure – case name, year, court, sequential<br />

number, and (within the opinion) paragraph number or numbers. In addition <strong>to</strong> North Dakota<br />

these include Colorado, Maine, Montana, New Mexico, Oklahoma, South Dakota, Utah,<br />

Vermont, Wisconsin, and Wyoming. In 2009 Arkansas began <strong>to</strong> designate its appellate<br />

decisions in this way, while retaining page numbers within the court-released pdf file as the<br />

means for pinpoint cites. Four other states, Louisiana, Mississippi, Ohio, and, most recently,<br />

Illinois, have adopted medium-neutral citation systems, but along significantly different lines.<br />

At the federal level, the progress has, <strong>to</strong> date, been minimal. The U.S. Court of Appeals for<br />

the Sixth Circuit began <strong>to</strong> apply medium-neutral citations <strong>to</strong> its own decisions in 1994, but it<br />

has never directed at<strong>to</strong>rneys <strong>to</strong> use them or employed them itself in referring <strong>to</strong> prior decisions<br />

once they have appeared in the Federal Reporter series. Among district courts, the District of<br />

South Dakota appears <strong>to</strong> stand alone. Since 1996, some, although not all, of its judges have<br />

applied paragraph numbers and case designations in the format "2008 DSD 6" <strong>to</strong> their<br />

decisions and used the system in citations <strong>to</strong> them. (See § 2-230.)<br />

Given their quite different structure codified statutes and regulations lend themselves <strong>to</strong><br />

vendor- and medium-neutral citation. Evolving professional practice, influenced by the<br />

prevalence of electronic media, is reducing the hold that certain preferred print editions once<br />

held on statute and regulation citations. (See §§ 2-335, 2-410.)<br />

§ 1-600. Who Sets <strong>Citation</strong> Norms<br />

Contents | Index | Help | < | ><br />

There is no national citation standard-setting authority, and despite the tendency of citation<br />

manuals <strong>to</strong> attach the word "rule" <strong>to</strong> specific citation practices, their authoritative reach is, at<br />

best, limited <strong>to</strong> a specific sec<strong>to</strong>r – those writing for particular journals, editing material for one<br />

or another commercial publisher, submitting briefs <strong>to</strong> a particular court. For most <strong>law</strong> writing,<br />

the relevant citations norms are set by widely accepted professional usage.<br />

The citation manual created by the edi<strong>to</strong>rs of four <strong>law</strong> journals, the Columbia Law Review, the<br />

Harvard Law Review, the University of Pennsylvania Law Review, and The Yale Law Journal,<br />

invariably referred <strong>to</strong> as The Bluebook, was for decades the most widely used codification of<br />

national citation norms. Now in its nineteenth edition, The Bluebook governs the citation<br />

practices of the majority of U.S. student-edited <strong>law</strong> journals and has, through its successive<br />

editions, shaped the citation education and resulting citation habits of most U.S. <strong>law</strong>yers.<br />

The new ALWD <strong>Citation</strong> Manual: A Professional System of <strong>Citation</strong> (4th ed. 2010) has<br />

quickly gained a wide following in U.S. <strong>law</strong> schools, and since it aims <strong>to</strong> reflect current<br />

usage, it is highly consistent with The Bluebook.<br />

An earlier competing academic project, The University of Chicago Manual of <strong>Legal</strong> <strong>Citation</strong>,<br />

which called itself the "Maroon Book," offered a distinctly different and less rigid set of rules.<br />

First published in 1989, it failed <strong>to</strong> win a significant following or affect professional practice<br />

except insofar as it recognized the importance of leaving "a fair amount of discretion <strong>to</strong><br />

practitioners, authors, and edi<strong>to</strong>rs." Id. at 9.<br />

In some states, the norms set out in national manuals are supplemented or overridden by court<br />

rules about the content, composition, and format of legal memoranda and briefs. Most often<br />

8

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