Notable alwd bluebook differences third ed

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Transcript of Notable alwd bluebook differences third ed

  • 1. Notable Differences between ALWD (3d) and Bluebook (18th) . . . for law review members and research assistants Copyright 2003, 2006. Darby Dickerson. Permission given to use for educational purposes.
  • 2. Tips for Using the Bluebook
    • Use the Quick Reference: Law Review Footnotes inside the front cover.
      • Do not use the Quick Reference in the back .
    • Use the index to find pertinent rules.
    • Consult ALWD if you need clarification; most rules are similar.
  • 3. Signals (BB 1.2; ALWD 44)
    • The definitions of signals in ALWD and the Bluebook are very similar, but read them carefully.
    • Under Bluebook form:
      • Insert a comma whenever e.g., is used (ALWD does not use the comma).
      • When you move from one category of signal to another, insert a period (in ALWD, you would use semicolons).
  • 4. Order of Authorities (BB 1.4; ALWD 45)
    • Federal district courts: Treat as one court and put in reverse chronological order. (In ALWD, courts are first ordered alphabetically, then in reverse chronological order.)
    • Federal courts of appeals: Treat as one court and put in reverse chronological order. (In ALWD, courts are first ordered by ordinal, then in reverse chronological order.)
  • 5. Related Authority (BB 1.6; ALWD 46)
    • Append related authority with an italicized explanatory phrase (in ALWD, related authority is included within a parenthetical and is not italicized), unless a particular primary source discusses, quotes, cites, or otherwise mentions the source, then include the information in an explanatory parenthetical like ALWD:
      • S TATUTE , construed in Case One
      • Case One ( construing S TATUTE )
  • 6. Typeface: Small caps (BB 2; ALWD 1)
    • The Bluebook uses large and small capital letters for the following sources (ALWD does not use this typeface at all, but explains it in Rule 23):
      • Constitutions: Abbreviations (CAL. CONST.)
      • Statutes: Statutory abbreviation (FLA. STAT.)
      • Books: Author names and titles (AUTHOR, TITLE OF BOOK 55 56 (2005).
      • Periodicals: Periodical abbreviation (MICH. L. REV.)
      • Restatements: Title (RESTATEMENT (SECOND) OF TORTS)
  • 7. Typeface: Cases (BB 2; ALWD 1)
    • Bluebook:
      • Full case names in textual sentences: italicize
      • Full case names in citations: regular type; no italics (exception: procedural phrases)
      • Short case names in the text and citations: italicize
    • In ALWD, case names are always italicized.
  • 8. Volume numbers (BB 3.1; ALWD 22)
    • Under the Bluebook, place the volume number for a book before the authors name:
      • 1 A UTHOR N AME , B OOK T ITLE 105 (2005).
    • In ALWD, the volume appears after the book title, like other subdivisions:
      • Author Name, Book Title vol. 1, 105 (Publisher name 2005).
  • 9. Page Spans (BB 3.1; ALWD 5)
    • Under the Bluebook, drop repetitious digits, but always retain two digits on the right hand side:
      • 1354 57
      • 101 05
      • Note: This rule does not apply to section or paragraph numbers.
    • ALWD gives the same option and the option to retain all digits
  • 10. Internal Cross-References (BB 3.6; ALWD 10)
    • The rules are very similar, but under the Bluebook, spell out note or Part:
      • BB: Infra note 45 and accompanying text.
      • ALWD: Infra n. 45 and accompanying text.
  • 11. Id. (BB 4.1; ALWD 11.3)
    • The rules are very similar; however, the Bluebook has a 5 id . rule that ALWD does not.
      • Under the Bluebook, do not use id. or another short form unless it can be readily found in one of the preceding five footnotes (emphasis in original)
    • Bluebook Rules 10.9 and 12.9 contain this 5 footnote rule.
  • 12. Quotations (BB 5; ALWD 47)
    • The Bluebook has a stricter rule and says to block indent when fifty or more words are quoted.
    • ALWD says to block indent when the quotation spans more than four typed lines of text or exceeds fifty words .
  • 13. Abbreviations (BB 6.1; ALWD 2)
    • The spacing rules are virtually identical.
    • The lists of specific abbreviations in tables differ. The Bluebook sometimes uses a format that includes an apostrophe.
    • BB examples ALWD examples
      • Commn Commn.
      • Dept Dept.
      • Envt Env.
      • Intl Intl.
      • Natl Natl.
  • 14. Capitalization (BB 8; ALWD 3)
    • Most capitalization rules are consistent.
    • Two differences to watch out for:
      • Under the Bluebook, do not capitalize prepositions unless they are five or more letters long .
      • Under the Bluebook, do not capitalize Court when referring to a state supreme court.
  • 15. Cases (BB 10; ALWD 12)
    • Remember the typeface differences discussed earlier.
    • Remember the differences in abbreviations for words in case names.
    • Under the Bluebook, you may, but are not required, to note the district or department for state intermediate courts (Rule 10.4(b)).
      • ALWD requires the district or department to be noted.
  • 16. Cases - continued
    • Under Bluebook Rule 10.5, [w]hen citing a case with several different decisions in the same year, include the year only with the last-cited decision in that year.
      • So, if the F. Supp. decision and the F.2d decision were both 2005, include the date only with the F.2d decision.
    • Under ALWD, include the date for each decision, even if the dates are the same.
  • 17. Cases on Electronic Databases (BB 18.1.1; ALWD 12.12)
    • Under the Bluebook, include the docket number as part of the citation:
      • Case X, No. ABC-123, 2003 U.S. App. LEXIS 789, at *2 (3d Cir. Jan. 10, 2003).
    • ALWD deletes the document number.
  • 18. Constitutions (BB 11; ALWD 13)
    • The forms are identical, except for typeface.
      • BB: U.S. C ONST . art I.
      • ALWD: U.S. Const. art. I.
  • 19. Restatements (BB 12.8.5; ALWD 27)
    • The forms are virtually identical, except for typeface.
      • ALWD: Restatement (Third) of Unfair Competition 3 (1995).
  • 20. Books (BB 15; ALWD 22)