The Case for Teaching The Bluebook: A Uniform System of Citation >Ally Howell

Citation of sources or authorities is the sine qua non of academic and legal writing and avoiding charges of plagarism. Unfortunately, there is no single uniform system or style of citation.

When I was in high school there was the ubiquitous MLA Style Sheet
[1] published by the Modern Language Association back when it was, as I recall, a sheet and not a booklet or pamphlet. MLA is still around but seems to have been replaced by the APA[2] (which is advertised for use in used in psychology, business, criminology, economics, education, sociology). As an aside, it amazes me that we defer to psychologists on the citation format in so many areas’ academic papers of various disciplines. Because I am a lawyer and adjunct professor in Kaplan University’s School of Legal Studies, I would normally use Bluebook citation format, but in deference to the publisher will use APA format throughout this paper.

Some disciplines, however, have not deferred to the psychologists or to the MLA, but have instead developed their own citation guides. The ones that I have been able discover are:
  • AAA (American Anthropological Association)[3]
  • ACS (American Chemical Society)[4]
  • AIP (American Institute of Physics)[5]
  • AMA (American Medical Association)[6]
  • AP (Associated Press) (used in journalism and public relations)[7]
  • APSA (American Political Science Association)[8]
  • ASA (American Sociological Association)[9]
  • Bluebook (properly known as The Bluebook: A Uniform System of Citation) which I have written in small caps because that is what the Bluebook instructs)
  • Chicago (University of Chicago)[10]
  • CSE (Council of Science Editors)[11]
  • LSA (Linguistic Society of America)[12]
  • Turabian [13] (used in many disciplines in humanities, social sciences and natural sciences, and often selected when people do not know which style to use) It is a variation of the Chicago Manual of Style.
Why does it matter what citation style is used by legal studies and paralegal students?

The Bluebook style should be taught to legal studies and paralegal students because it matters to those to whom their “real world”work product is directed. It will matter because lawyers for whom they will work are expected to know and use Bluebook format. The following states have by rule prescribed the use of Bluebook format:


Most states that have not adopted a formal rule regarding citation format have nevertheless stated, sometimes emphatically, in the published opinions of their appellate courts that they expect attorneys and even pro se litigants to use Bluebook format. The following is a list of those states:


A number of federal courts have by rule also prescribed the use of Bluebook. These include the following U.S. District Courts:

  • U.S. District Court for the District of New Hampshire[41]
  • U.S. District Court for the District of Montana[42]
  • U.S. District Court for the Middle District of North Carolina[43]
  • U.S. Court of Appeals for the 11th Circuit[44]
Most federal courts have not adopted a formal rule regarding citation format. Nevertheless they have stated, sometimes emphatically, in the published opinions of their appellate courts that they expect attorneys and even pro se litigants to use Bluebook format. The following is a list of those courts:

  • U.S. District Court for the District of Alaska[45]
  • U.S. District Court for the District of Arizona[46]
  • U.S. District Court for the Northern and Southern Districts of California[47]
  • U.S. District Court for the District of Colorado[48]
  • U.S. District Court for the District of Connecticut[49]
  • U.S. District Court for the District of the District of Columbia[50]
  • U.S. District Court for the Middle District of Florida[51]
  • U.S. District Court for the Southern District of Georgia[52]
  • U.S. District Court for the Northern District of llinois[53]
  • U.S. District Court for the District of Kansas[54]
  • U.S. District Court for the District of Massachusetts[55]
  • U.S. District Court for the Western District of Michigan[56]
  • U.S. District Court for the District of Minnesota[57]
  • U.S. District Court for the District of Nebraska[58]
  • U.S. District Court for the District of New Jersey[59]
  • U.S. District Court for the Southern District of New York[60]
  • U.S. District Court for the Eastern District of North Carolina[61]
  • U.S. District Court for the Middle District of Pennsylvania[62]
  • U.S. District Court for the Eastern District of Tennessee[63]
  • U.S. District Court for the Northern District of Texas[64]
  • U.S. District Court for the District of Utah[65]
  • U.S. District Court for the Eastern and Western Districts of Virginia[66]
  • U.S. District Court for the District of West Virginia[67]
  • U.S. Air Force Court of Criminal Appeals[68]
  • U.S. Court of Appeals for the 2nd Circuit[69]
  • U.S. Court of Appeals for the 3rd Circuit[70]
  • U.S. Court of Appeals for the 5th Circuit[71]
  • U.S. Court of Appeals for the 7th Circuit[72]
  • U.S. Court of Appeals for the 8th Circuit[73]
  • U.S. Court of Appeals for the 9th Circuit[74]
  • U.S. Navy-Marine Corps Court of Criminal Appeals[75]

If this widespread formal or de jure and de facto adoption of Bluebook citation format is not sufficient to convince one of the need to have Bluebook format taught to Kaplan University’s legal studies and paralegal students and strictly enforced, then perhaps the following statements by various courts will help.

  • Court will not consider improperly cited authority” [emphasis added][76]
  • Counsel’s “blatant failure to follow proper citation format is inexcusable” [emphasis added][77]
  • “In addition to innumerable spelling and grammatical errors, the document demonstrates counsel's considerable misunderstanding of the proper rules of citation as set forth by the Bluebook.” [emphasis added][78]
  • “Absolutely no reference or citation accompanies this paragraph. The court is regrettably aware of the modern trend in which lawyers usurp or assume other's work or ideas within their pleadings. However, attempting to pass off this court's own language as its own in a presentation to this very court demonstrates on the part of plaintiffs' counsel inexcusable carelessness bordering on outright disrespect for the court's integrity and attention to detail. The court would remind counsel that it strongly disapproves of this practice and encourages counsel to learn the established rules for legal citation. See generally The Bluebook: A Uniform System of Citation (Columbia Law Review Ass'n et al. eds., 17th ed.2000).” [emphasis added][79]
Should we not equip our students with all of the skills that they will be expected to possess? What will it say about Kaplan University if an employing attorney discovers that one of our graduates does not possess the ability to prepare a first draft of a trial or appellate brief with Bluebook compliant citations or does not possess the knowledge to proof read a brief (which in most law offices includes checking the accuracy and proper formatting of citations according to the Bluebook?

Notes
[1] The MLA Style Sheet is based upon the MLA Handbook for Writers of Research Papers 7th ed. (2009).
[2] Publication Manual of the American Psychological Association 6th ed. ( 2009).
[3] The AAA used in Anthropology and is based on the Chicago Manual of Style
[4] The ACS Style Guide Effective Communication of Scientific Information (rd ed.) ( 2006).
[5] AIP Style Manual, 4th ed. (1990) with a 1997 addendum.
[6] American Medical Association Manual of Style 9th ed. (1998)
[7] The Associated Press Stylebook and Briefing on Media Law (2006)
[8] Style Manual for Political Science (2001).
[9] American Sociological Association Style Guide 3rd ed. (2007).
[10] Chicago Manual of Style 15th ed.(2003).
[11] Scientific Style and Format: The CSE Manual for Authors, Editors, and Publishers 7th ed. (2006)
[12] The LSA is used only for the Journal of the Linguistic Society of America
[13] Kate Turabian, A Manual for Writers of Term Papers, Theses and Dissertations 7th ed. ( 2007).
[14] Ala. R. App. P Rule 28(a)(10) (also acceptable are cites complying with the ALWD [Association of Legal Writing Directors] Citation Manual: A Professional System of Citation)
[15] Cal. Rules of Court, Rule 1.200 as to appellate briefs and Cal. Rules of Court, Rule 3.1113 (as to memoranda in support of motions) (also acceptable as to both are cites complying with the California Style Manual) Rule cited in Patterson v. Nestle Waters North America, Inc., 2009 WL 1398476, 3 n. 2 (Cal.App. 4th Dist. 2009)
[16] Del. Sup. Ct. Rules, Rule 14(g), and Del. Superior Court R. Civ. P., Rule 107(c)(4)
[17] Fla. R. App. P. Rule 9.800(o)
[18] Ind. R. App. Proc., Rule 22. Directing counsel to follow the Rule, Webb v. Schleutker, 891 N.E.2d 1144, 1155 n. 7 (Ind.App. 2008) (There are many other cases citing this rule and chastising counsel for not following it going back as far as 2001.)
[19] Mich. Judicial Conference Rules Uniform System of Citation (but conform citations to Michigan citation style)
[20] N. M. R. Ann, Rule 23-112.B. and H.
[21] Tex. Ct. App. Rules, 4th Dist., Rule 8 (2008 Electronic Pocket Part Update) (also to conform to Tex. L. Rev., Texas Rules Of Form (the “Greenbook”)
[22] Wash. General Rules, App. Gen. R., Rule 14
[23] State v. McKinney, 185 Ariz. 567, 588, 917 P.2d 1214, 1235 (1996) (definition and proper use of c.f. also known as cf. when used before citation)
[24] Preston v. Board of Adjustment of New Castle County, 2000 WL 1610716, 4 n. 30 (Del. Super. Ct. 2000) (citation of cases)
[25] Givens v. U.S., 644 A.2d 1373, 1376 n. 5 (D.C. 1994) (definition and proper use of c.f. also known as cf. when used before citation)
[26] Convergys Corp. v. Keener, 276 Ga. 808, 812 n. 4, 582 S.E.2d 84, 87 n. 4 (2003) (proper use of “see” before a citation)
[27] O'Casek v. Children's Home and Aid Soc. of Ill., 229 Ill.2d 421, 892 N.E.2d 994, 1009 n.3, 323 Ill.Dec. 2, 17 n. 3 (2008) (use of italics in case citations); and In re Marriage of Schwieger, 379 Ill.App.3d 687, 693, 883 N.E.2d 556, 562 (2008) (definition and proper use of c.f. also known as cf. when used before citation)
[28] Ledet v. Seasafe, Inc., 783 So.2d 611, 616 (La.App. 2001) (placement of citations in-line or in footnotes) (several other cases in 2001 which were apparently decided at the same time have the same discussion)
[29] Alexander v. Corcoran, 110 Md.App. 62, 76 n. 9, 675 A.2d 1068, 1075 n. 9 (Md. Ct. Spec. App. 1996) (definition and proper use of c.f. also known as cf. when used before citation); and Wilson v. State, 370 Md. 191, 209 n. 8, 803 A.2d 1034, 1044 n. 8 (2002) (improper citation of law review student comment)
[30] Admiral Metals Servicenter Co., Inc. v. Micromatic Products Co., Inc., 5 Mass.L.Rptr. 489 n. 5, 2009 WL 1873783, 3 n. 5 (Mass.Super. 2009) (proper use of “see” before a citation)
[31] Chapman v. Ward, 3 So.3d 790, 796 (Miss.App. 2008)
[32] In re Estate of Bourassa, 157 N.H. 356, 360, 949 A.2d 704 (2008) (definition and proper use of c.f. also known as cf. when used before citation)
[33] Mifflinburg Area Educ. Ass'n ex rel. Ulrich v. Mifflinburg Area School Dist., 555 Pa. 326, 339 n. 5, 724 A.2d 339, 346 n. 5 (1999) (proper use of “see generally” before a cite); and Commonwealth v. Woomer, 2009 WL 2489263, 8 Pa. D. & C. 5th 178 (Pa. Ct. Common Pleas 2009) (definition and proper use of c.f. also known as cf. when used before citation)
[34] State v. Oltmanns, 519 N.W.2d 602, 606 (S.D. 1994) (Henderson, J., concurring) (proper use of “compare” before a cite)
[35] State v. Schiefelbein, 230 S.W.3d 88, 97 n. 2 (Tenn.Crim.App. 2007); and State v. Campbell, 2006 WL 3371126, 6 n. 2 (Tenn.Crim.App. 2007) (Bluebook described in both as “definitive style guide for legal citation in the United States” and discussing proper code citation)
[36] Walder v. State, 85 S.W.3d 824, 828 (Tex.App. 2002) (advising use of Bluebook)
[37] Alf v. State Farm Fire and Cas. Co., 850 P.2d 1272, 1276 n. 25 (Utah 1993) (proper use of “see e.g. before cite)
[38] Williams & Connolly, L.L.P. v. People for Ethical Treatment of Animals, 273 Va. 498, 525, 643 S.E.2d 136 (2007) (proper use of “see generally” before citation); and Farah v. Farah, 16 Va.App. 329, 332 n. 1, 429 S.E.2d 626, 328 n. 1 (1993) (on English law)
[39] Connell v. Francisco, 127 Wash.2d 339, 354, 898 P.2d 831, 838 (1995) (definition and proper use of c.f. also known as cf. when used before citation)
[40] Livingston v. Livingston, 306 Wis.2d 852 ¶ 3, 743 N.W.2d 168 (Table) (Wis.App. 2007) (failure to use pinpoint citations as required by Bluebook, and Wis. Stat. Ann. Appellate Rule 809.19(1)(e) (which is based on Wis. Sup. Ct. Rule 80.02(1)(a)(3))
[41] D. N.H., Local Rule 5.3(c) , and Bankr. D. N.H., Local Rule 1050-1(a)
[42] D. Mont., Rule 10.3(a) (also acceptable are cites complying with the ALWD [Association of Legal Writing Directors] Citation Manual: A Professional System of Citation)
[43] M.D. N.C., Local Rule 7.2(b)
[44] 11th Cir. Rule 28-1(k) (also acceptable are cites complying with the ALWD [Association of Legal Writing Directors] Citation Manual: A Professional System of Citation)
[45] Manser v. Barnhart, 2005 WL 629206, 1 n. 1 (D. Alaska 2005) (directing that “fundamental mistakes in [plaintiff’s] counsel’s case citations should not be perpetuated”)
[46] In re TASER Intern. Shareholder Derivative Litigation, 2006 WL 687033, 1 n. 1 (D. Ariz. 2006) (stating that plaintiffs’ future submissions will be stricken if they do not comply with Bluebook) ; and Rodriguez v. Chen, 985 F.Supp. 1189, 1195-1196 (D. Ariz. 1996) (court found that state Medicaid program’s notices denying and terminating benefits failed to include “accurate citation to legal authority” which the court noted “is easily remedied by converting the cites to ‘Bluebook’ format”) (note: “Bluebook” should be in small caps but it is copied as written by court)
[47] Computer Cache Coherency Corp. v. Via Technologies, Inc., 2009 WL 1766675, 2 (N.D. Cal. 2009) (proper use of “see” before a citation); and Ilaian v. U.S. Dept. of Agriculture, 87 F.Supp.2d 1047, 1048 (S.D. Cal. 2000) (directing compliance with Bluebook format)
[48] June v. Union Carbide Corp., 2007 WL 4224228, 2 n. 2 (D. Colo. 2007) (court changed cites in quoted material to comport with Bluebook); and Ruiz v. City of Brush, 2006 WL 1816454, 4 n. 5 (D. Colo. 2006) (proper use of Id.)
[49] Northern Tankers (Cyprus) Ltd. v. Backstrom, 967 F.Supp. 1391, 1401 n. 8 (D. Conn. 1997) ((definition and proper use of c.f. also known as cf. when used before citation)
[50] Lee v. Reno, 15 F.Supp.2d 26, 41 n. 22 (D. D.C. 1998) (definition and proper use of c.f. also known as cf. when used before citation)
[51] U.S. ex rel. Crenshaw v. Degayner, 622 F.Supp.2d 1258, 1264 n. 5 (M.D. Fla. 2008) (chastising counsel for writing style including “misunderstanding” of Bluebook rules); and Estate of Miller v. Thrifty Rent-A-Car System, Inc., 609 F.Supp.2d 1235, 1251 (M.D. Fla. 2009)
[52] Peery v. CSB Behavioral Health Systems, 2008 WL 4935598, 1 (S.D. Ga. 2008) (proper use of “see” before a citation)
[53] Threatt v. Jackson, 2008 WL 1774986, n. 3 (N.D. Ill. 2008) (“specific reference means including proper Bluebook citations”) (a number of other cases from that district have that same or very similar statement going back as early as 2000); In re Raymond Professional Group, Inc., 386 B.R. 678, 49 Bankr.Ct.Dec. 285 (Bkr.N.D. Ill. 2008) (proper method to cite statute); and Garrett v. Miller, 2003 WL 1790954, 1 n. 2 (N.D. Ill. 2003) (counsel’s “blatant failure to follow proper citation format is inexcusable”)
[54] Grogan v. O’Neil, 307 F.Supp.2d 1181, 1189 n. 14 (D. Kan. 2004) (directing the use of pinpoint cites as provided in Bluebook); and Ratts v. Board of County Com'rs, Harvey County, 141 F.Supp.2d 1289, 1314 (D. Kan. 2001) (warning counsel that a lack of a proper citation amounts to an attempt to pass off a court’s “own language as its own” which “demonstrates on the part of plaintiffs’ counsel inexcusable carelessness bordering on outright disrespect for the court’s integrity and attention to detail”)
[55] U.S. v. Salemme, 91 F.Supp.2d 141, 395 (D. Mass. 1999) (proper use of “compare” before case cite)
[56] Goldman v. Healthcare Management Systems, Inc., 559 F.Supp.2d 853, 864 (W.D. Mich. 2008) (proper use of “accord” before citation)
[57] Northbrook Digital, LLC v. Vendio Services, Inc., 625 F.Supp.2d 728, 733 n.2 (D. Minn. 2008) (chastising counsel for not following Bluebook rules for spacing in citations in order to get around word count limit for briefs in D. Minn. Local Rule 72.2 (for those not familiar with word count rules, the U.S. Courts of Appeals had to go to word count limitations on the length of briefs when counsel began fudging on page counts by using slightly smaller fonts, margins, and then later using footnotes, where font is 10 point versus 12 point in the body of the brief – see Fed. R. App. P., Rule (a)(7)(B)(i), which imposes a 14,000 word limit))
[58] Hansen v. Polikov, 2008 WL 731747, 1 (D. Neb. 2008) (proper method to cite statute)
[59] Goodman v. Goodman, 2007 WL 748445, 2 n. 4 (D. N.J. 2007) (defendant’s counsel failed to use Bluebook format)
[60] Bassomb v. Volunteers of America - Greater New York, 2007 WL 760407, 2 n. 1 (S.D. N.Y. 2007) (“italicizing non-English words”); and In re Adelphia Communications Corp., 324 B.R. 492, 501-502 (Bkr. S.D. N.Y. 2005) (proper use of parenthetical clause)
[61] Fate v. Dixon, 649 F.Supp. 551, 555 n. 2 (E.D. N.C. 1986) (improper to leave out part of quoted sentence without use of ellipsis)
[62] Kerstetter v. Pennsylvania Dept. of Corrections SCI-Coal Tp., Slip Copy, 2009 WL 1256908, 5 n. 2 (M.D. Pa. 2009) (directing plaintiff to use Bluebook format); and U.S. v. Bell, 217 F.R.D. 335, 339 n.2 (M.D. Pa. 2003) (use of Bluebook formatted cites “strongly suggest the assistance of a legally trained person who is ghostwriting Mr. Bell's legal arguments”)
[63] Harris v. Aerospace Testing Alliance, 2008 WL 111979, 3 n. 1 (E.D. Tenn. 2008) (“Court will not consider improperly cited authority” [emphasis added]); and Saint Paul Fire & Marine Ins. Co. v. U.S., 28 F.Supp.2d 472, 476 n. 7 (E.D. Tenn. 1998) (definition and proper use of c.f. also known as cf. when used before citation)
[64] Stephens v. Bell Helicopter Textron, Inc., 2003 WL 22961254 (N.D. Tex. 2003) (directing that briefs follow Bluebook and have pinpoint cites (which this court calls “jump” cites)
In re Gonzalez, 372 B.R. 837 (Bkr. W.D. Tex. 2007) (failure to use pinpoint cites); and Michael v.
Metromedia Restaurant Services, Inc., 1999 WL 588291, 1 n. 2 (N.D. Tex. 1999) (noting tht “the Court was constantly confused by Plaintiff’s briefing” which included failure to follow Bluebook rules)
[65] Wade v. Gaither, 623 F.Supp.2d 1277, 1280 n. 2 (D. Utah 2009) (defendant “strongly encouraged to adhere” to Bluebook)
[66] Andrews v. Newman, 2008 WL 2169681, 4 n. 7 (W.D. Va. 2008) (directing plaintiffs to follow Bluebook format); and Billing v. City of Norfolk, 848 F.Supp. 630, 635-636 (E.D. Va. 1994) (definition and proper use of c.f. also known as cf. when used before citation)
[67] Pigg v. U.S., 2006 WL 470608, 1 n. 1 (S.D. W.Va. 2006) (In criticizing plaintiff’s brief, the court said “the document demonstrates counsel’s considerable misunderstanding of the proper rules of citation”)
[68] U.S. v. Sills, 57 M.J. 606, 607 (A.F. Ct.Crim. App. 2002) (proper use of “but see” before a citation)
[69] Matthew Bender & Co., Inc. v. West Pub. Co., 158 F.3d 693, 696-697 (2nd Cir. 1998) (in copyright litigation, noting that Bluebook “recommends-and some courts require-citation to the West version of federal appellate and trial court decisions and New York State court decisions” and thus Bender’s use of those cites did not violate West’s copyrights); and U.S. v. Westcott, 159 F.3d 107, 114 (2nd Cir. 1998) (distinction between and proper use of “see” and c.f. also known as cf. when used before citation)
[70] U.S. v. Milan, 304 F.3d 273, 299 n. 2 (3rd Cir. 2002) (proper use of “see” before a citation)
[71] Pickett v. Petroleum Helicopters, Inc., 266 F.3d 366, 368 (5th Cir. 2001) (proper citation of authority)
[72] Rivera v. U.S., 101 F.3d 704, 3 (Table) (7th Cir. 1996) (calls case without Bluebook cite “a phantom conjured up by Rivera”); and Koval v. Gonzales, 418 F.3d 798, 805 n. 2 (7th Cir. 2005) (definition and proper use of c.f. also known as cf. when used before citation)
[73] Willett v. Lockhart, 37 F.3d 1265, 1268 n. 3 (8th Cir. 1994) (definition and proper use of c.f. also known as cf. when used before citation)
[74] Lopez-Rodriguez v. Holder, 560 F.3d 1098, 1104 n. 12 (9th Cir. 2009) (definition and proper use of c.f. also known as cf. when used before citation)
[75] U.S. v. Daniels, 57 M.J. 560, 562 n. 1 (N-M. Ct.Crim. App. 2002) (proper use of “see” before a citation)
[76] Harris v. Aerospace Testing Alliance, 2008 WL 111979, 3 n. 1 (E.D. Tenn. 2008)
[77] Garrett v. Miller, 2003 WL 1790954, 1 n. 2 (N.D. Ill. 2003)
[78] Pigg v. U.S., 2006 WL 470608, 1 n. 1 (S.D W.Va. 2006)
[79] Ratts v. Board of County Com'rs, Harvey County, 141 F.Supp.2d 1289, 1314 (D. Kan. 2001)

Did you know...
Ally likes to read history books on 20th century subjects?

Ally is a part-time instructor in the School of Legal Studies.

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