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Bluebooking Through the Cold

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on 12 February 2014

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Transcript of Bluebooking Through the Cold

Bluebook Through the Cold
Cases, Statutes, and the Constitution
Bluebook for the Day
Rule 10: Cases
The Basics:

General Formula: <
Party 1> v. <Party 2>
, <Vol. #> <Reporter> <Page>, <Pincite> (<Court> <Date of Year>).
Things to Remember:
Rule 10.2.1(a)-(k) are pretty useful in determining how to cite specific cases. Look through pages 89-93
Court and Jurisdiction --> Look to Rule 10.4
For Federal Courts
If citing to the Supreme Court, for the Reporter cite to U.S., or, if U.S. is not available, then cite to S. Ct., L. Ed., or U.S.L.W. in that order. Table T1, pg 215
For other Federal Courts, the Court section should incidate the number of the circuit: 5th Cir. or 3d. Cir.
Common areas of mistake:
not citing to the correct parties, Rule 10.2.1(a);
the comma after the parties is *not* italicized;
Incorrect or missing abbreviations
The Court is incorrectly cited
Cases: Abbreviations
According to the Rule 10.2.2:
"ALWAYS abbreviate
word listed in
Table T6
, even if the word is the first word in a party's name"
T6?! Of course, that's titled "Case Names and Institutional Authors in Citations."
Protip: "It is permissible to abbreviate other words of eight letters or more if
substantial space
is thereby saved and the result is unambiguous in context." Translation: Don't do it unless you really need to
states, countries, and other geographical units
described in
Table T10

the geographical unit is the entire name of the party (as opposed to just a part thereof)."
T10 has the complicated title of "Geographical Terms."
Unreported or Unpublished Opinions
Protip: you found an awesome case, directly on point to what you want to discuss, but its unreported. First, high five on finding it. Second, you need to check the court rules of the district you are writing to to see whether there are specific rules in the jurisdiction on whether an unreported case can be used as valid law.
Example: Google "second circuit rules citing unpublished opinions"
Rule 10.8 states that you need to provide: <
case name
>, <docket number>, <database identifier>, at *<page number> (<court name> <full date of most recent disposition>). Well that's confusing. Behold:
Albrecht v. Stranzcek
, No. 87 C 9535, 1991 U.S. Dist. Lexis 5088, at *1 (N.D. Ill. Apr. 15, 1991).
Rule 10.9(i) is really informative. It says: "Use of only one party's name ... in a short form citation is permissible if that reference is unambiguous." That party's name should be italicized.
Acceptable short forms for
Zimmerman v. Jenkins
, 165 F.3d 1026, 1027 (5th Cir. 1999);
Islam v. Awesome
, 154 F.3d ... .
, 165 F.3d at 1027.
165 F.3d at 1027.
at 1027.
Nicknames: Rule 10.2.1(k) allows you to cite a case by a different name then what appears as long as the two parties are fully cited earlier in the opinion.
Youngstown Sheet Co. v. Sawyer
Steel Seizure
), 343 U.S. 579, 585 (1952).
Steel Seizure
, 343 U.S. at 585.
Rule 11: Constitutions
Rule 11 is detailed
If citing to federal consitution, citation should start with <U.S. Const.> in small caps. For states, abbreviate the state name using Table T10, followed by <Const.>, both state name and abbreviation of constitution should be in small caps.
Abbreviate the subdivisions of the constitution being cited to, like article or clause, using Table T16.
Rule 12 looks to Statute citations, generally. Can get complicated.
General formula for federal legislation: <Title> <U.S.C.> <§> <Section> (Date). Rule 12.3.1(a) allows you to include the official or popular name of a statute if the statute is commonly known by the name or inclusion of the name is helpful.
Clean Water Act, 33 U.S.C. § 1314(a)(1)(2006).
Rule 12.2.1(a) states that "cite statutes currently in force to the current official code or its supplement. Otherwise, cite a current unofficial code or its supplement, the official session laws..." or other sources.
Rule 12.3 states: Cite to the Official United States Code (U.S.C.) whenever possible. Or cite to the United States Code Annotated (U.S.C.A.) and the United States Code Service (U.S.C.S.).
Rule 12.3.1(b) states: :if a code is divided into separately sectioned or volumes then the title, chapter, or volume number should be indicated. When citing the federal code, give the title number before the name of the code:
42 U.S.C. § 1983 (2006).
State codes are cited according to Table T1.3.
Remember: According to Rule 12.3.1(d), unless the code is compiled by the federal government or state officials, must give the name of compiler or author in the parenthetical phrase containing the year of the code.
42 U.S.C.A. § 300a (West 2001).
There are a number of provisions to take note of:

Secondary Sources
: Rules 15, 16, 17, 18 (Interwebs!)
Trying to save space?? Hit the professor with
: Rule 1.2 and Rule 1.3
What's a signal without some
: Rule 1.5. So Important!
Quotations are sometimes not your friends. Remember, you need to
block a quote
if the quotation is
fifty words or more
. Rule 5.1.
We will be focusing on the following rules:
Rule 10 -- Cases
Rule 11 -- Constitutions
Rule 12 -- Statutes
Full transcript