15.12.2012 Views

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

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

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

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

what turns out <strong>to</strong> have been a short-lived branding strategy of Reed Elsevier (the corporate<br />

parent of LexisNexis) would have citations <strong>to</strong> "Burns" (and U.S.C.S. plus many more)<br />

attributed <strong>to</strong> "Lexis." Currently, however, the online versions of "Burns" show the parent<br />

brand "LexisNexis" prominently and indicate that copyright is held by Matthew Bender &<br />

Company, "a member of the LexisNexis Group." Meanwhile, Thomson Reuters has returned<br />

<strong>to</strong> placing the brand "West" on its legal publications and services that, for a time, gave greater<br />

prominence <strong>to</strong> the Thomson name. Finally, the ALWD <strong>Citation</strong> Manual includes the publisher<br />

"Lexis" in citations <strong>to</strong> the Alaska Statutes ("Alaska Stat. § x (Lexis year)"), but The Bluebook<br />

does not ("Alaska Stat. § x (year)") since that compilation is official.<br />

§ 2-335(2) Examples<br />

– Mich. Comp. Laws § x (year through ___). [More complete "current through" date<br />

in place of year of "publication."]<br />

– Ind. Code § x (year through ___). [More complete "current through" date in place<br />

of year of "publication."]<br />

Point 2: It is the practice in the U.S. Supreme Court, the U.S. Courts of Appeals, and a<br />

majority of state courts <strong>to</strong> omit currency information from statute citations al<strong>to</strong>gether unless<br />

the provisions have been or are likely <strong>to</strong> be subject <strong>to</strong> amendment. Further, as already noted in<br />

§ 2-320, methods of indicating the currency of a cited statu<strong>to</strong>ry compilation are in flux.<br />

Traditional practice, based on the updating frequency of print compilations, called only for the<br />

year of the compilation cited. Regularly updated electronic versions of state statutes generally<br />

provide information on their cu<strong>to</strong>ff or currency date with greater precision. Often this is<br />

specified not as a date, per se, but in terms of a "legislative event" – the last included<br />

enactment or the end of a session. The AALL Universal <strong>Citation</strong> Guide argues that the<br />

addition of this more exact currency information <strong>to</strong> the year is a more effective measure than<br />

year of publication or compilation alone in alerting the reader <strong>to</strong> the risk that the version of<br />

the statute he or she consults may be different, by virtue of legislative change, from that<br />

referenced by the citation. However, this recommendation has yet <strong>to</strong> be widely adopted.<br />

§ 2-335(3) Examples<br />

– AS x. [Per Alaska Supreme Court citation practice when citing <strong>to</strong> Alaska Statutes.]<br />

– KRS x. [Per Kentucky Supreme Court citation practice when citing <strong>to</strong> Kentucky<br />

Revised Statutes.]<br />

– R.C. x. [Per Ohio Supreme Court citation practice when citing <strong>to</strong> Ohio Revised<br />

Code.]<br />

Point 3: One area of citation practice on which there is widespread state variation is the<br />

abbreviation of the state's own code. The abbreviations used on the examples in this<br />

introduction (§ 3-320), like the two dominant national citation references, are full enough <strong>to</strong><br />

distinguish unambiguously between a citation <strong>to</strong> a provision of the Alaska Statutes and a<br />

section of the codes of Alabama, Arizona and Arkansas. Indeed, a standard and recurring<br />

component of state statute and regulation citations is an abbreviation of the state name. When<br />

context leaves little or no doubt about which state's statutes are being cited, including<br />

importantly briefs submitted <strong>to</strong> and decisions rendered by the courts of a particular state,<br />

significant citation space can saved with little or no loss by having the state name supplied by<br />

28

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!