Keith Mack
When writing a law review article, the general rule is to refrain from italicizing or underlining full case names. However, there are specific instances where italics are used for case names and other elements within the article. The Bluebook, a widely recognized guide for legal citation, offers detailed instructions on typeface conventions. According to the Bluebook, case names in law review articles should be in regular typeface when used as part of a citation. In contrast, when a case name is grammatically incorporated into a sentence, it is typically italicized, along with any procedural phrases. Additionally, the titles of articles, publications, or speeches, as well as words emphasized for stylistic purposes, are conventionally italicized. Understanding and adhering to these conventions are essential for ensuring consistent and clear presentation in law review articles.
| Characteristics | Values |
|---|---|
| Case names in full citations | Use ordinary plain text except for procedural phrases like "ex rel.", which are italicized |
| Case names in briefs or memos | Italicized or underlined |
| Case names in academic legal writing (law review articles) | Generally not underlined or italicized |
| Case names in law review footnotes | In regular typeface |
| Case names in the main text of a law review article | Italicized |
| Commas, semicolons, and other punctuation marks | Only italicized when they are part of the italicized material |
| Introductory signals | Italicized when they appear within citation sentences or clauses |
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What You'll Learn
Case names in law review articles are usually not italicised
When writing a law review article, it is important to follow the correct typeface conventions for case names. While there may be slight variations depending on the specific style guide or jurisdiction, it is generally recommended that case names in law review articles are not italicized.
In academic legal writing, such as law review articles, full case names are typically presented in plain text and are not italicized or underlined. This format is specifically recommended by the Bluebook, a widely used legal citation guide. The Bluebook provides comprehensive guidelines on citing cases and formatting legal documents, including law review articles. According to the Bluebook guidelines, full case names should be in ordinary typeface, while other elements, such as procedural phrases like "ex rel.," are italicized.
It is worth noting that the Bluebook also distinguishes between different types of documents, such as court documents (briefs and motions) and legal memoranda. In these types of documents, the convention may differ, and case names are usually italicized or underlined. Additionally, when a case name is part of a sentence grammatically, it should be italicized, even in a law review article. For example, "One noteworthy pre-Brown case was Shelley v. Kraemer, 334 U.S 1 (1948), which held unconstitutional state judicial enforcement of racially restrictive covenants."
While the general rule for law review articles is to use plain text for case names, there may be specific instances where italics are appropriate. Different style guides or jurisdictions may have their own variations, so it is always important to consult the relevant authority for the specific format required. However, as a general guideline, maintaining plain text for case names in law review articles ensures consistency and adheres to the conventions of academic legal writing.
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Case names in briefs, motions and legal memoranda are italicised
The Bluebook Guide, a style guide for legal citation, states that case names in court documents such as briefs, motions, and legal memoranda are typically italicized or underlined. For example, "New York Times Co. v. Tasini, 533 U.S. 483 (2001)".
The Bluebook Guide further distinguishes between brief format and law review note format, with brief format requiring italics for case names and law review footnote format using regular typeface. This is because in academic legal writing, such as law review articles, full case names are generally not underlined or italicized.
However, it's important to note that case names and the titles of publications, speeches, or articles within the main text of a law review article are usually italicized. This is because the main text of a law review article does not contain citations and primarily uses ordinary type and italics for emphasis or stylistic purposes.
Additionally, when a case name is part of a sentence grammatically, it should be italicized. For example, "One noteworthy pre-Brown case was Shelley v. Kraemer, 334 U.S 1 (1948), which held unconstitutional state judicial enforcement of racially restrictive covenants".
Therefore, while case names in briefs, motions, and legal memoranda are typically italicized, the specific formatting may vary depending on the type of document and the style guide being used.
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Case names in footnotes are not italicised
When writing a law review article, full case names are generally not underlined or italicized. Case names in footnotes are only italicized when they are grammatically part of the sentence. The main text of a law review article will not contain citations, and it uses only ordinary type and italics. Most of the text will appear in ordinary type.
However, case names, including the "v." and procedural phrases, and titles of articles, publications, or speeches, will be italicized. For example, in the sentence "One noteworthy pre-Brown case was Shelley v. Kraemer, 334 U.S. 1 (1948), which held unconstitutional state judicial enforcement of racially restrictive covenants," the case name is italicized because it is part of the sentence grammatically.
On the other hand, if the case name is not part of the sentence grammatically but is used as a citation embedded in the footnote text, then follow the typeface convention for citations. In court documents (briefs, motions) and legal memoranda, a full case name is usually italicized or underlined.
It's important to note that the Bluebook, a widely used legal citation guide, provides specific rules and guidelines for citing cases and using typefaces. These rules may vary depending on the specific jurisdiction and publication.
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Case names as part of a sentence are italicised
When writing a law review article, it is important to follow the correct typeface conventions. The Bluebook Guide, a style guide for legal citations, provides rules for typeface usage. According to this guide, the main body text of a law review article should generally be in ordinary typeface.
However, case names that are part of a sentence are treated differently and should be italicised. For example, "One noteworthy pre-Brown case was *Shelley v. Kraemer*, *334 U.S 1* (*1948*), which held unconstitutional state judicial enforcement of racially restrictive covenants". Here, the case name "Shelley v. Kraemer" and the subsequent case information are all part of the sentence and are therefore italicised.
This italicisation of case names within sentences applies even when the case name is not the first word of the sentence. For instance, "The case of *Alderson v. Fatlan*, *898 N.E.2d 595 (Ill. 2008)* illustrates this point well". Here, the case name is not the first word of the sentence but is still italicised as it is part of the sentence grammatically.
It is worth noting that this italicisation rule for case names applies specifically to academic legal writing, such as law review articles. In contrast, court documents (briefs, motions) and legal memoranda typically follow different formatting rules, with case names being italicised or underlined.
Additionally, when case names appear in footnotes, they should be italicised when they are grammatically part of the sentence. However, if the case name is used as a citation embedded in the footnote text but is not part of the sentence grammatically, then it should follow the typeface convention for citations.
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Procedural phrases are italicised
When writing law review articles, it is important to adhere to specific formatting guidelines, such as those outlined in the Bluebook. While the main body text of a law review article is typically in ordinary typeface, certain elements, including case names and procedural phrases, are italicized.
Procedural phrases, such as "ex rel.," are an integral part of legal citations and are used to describe the procedural history or specific actions taken within a legal case. By italicizing these phrases, writers can provide clear signals to their readers and ensure that important information is highlighted within the text.
The Bluebook, a widely accepted guide for legal citation, provides specific instructions for typeface conventions in law review articles. According to the Bluebook, procedural phrases should be italicized in full citations. For example, in the citation "Shelley ex rel. v. Kraemer," the procedural phrase "ex rel." would be italicized, providing a visual distinction from the surrounding text.
Additionally, when a case name is grammatically part of a sentence in the main text or footnote of a law review article, it should be italicized. For example, consider the sentence, "The case of Shelley v. Kraemer is a notable example." Here, the case name "Shelley v. Kraemer" is part of the sentence and should be italicized. On the other hand, if the case name is used as a citation within a footnote but is not grammatically part of the sentence, it would follow the standard typeface convention for citations.
It is worth noting that while italics are used for emphasis or stylistic purposes in other forms of writing, their use in law review articles is primarily dictated by citation guidelines. By following these conventions, writers can ensure consistency and clarity in their legal writing, facilitating a better understanding of the content for their readers.
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Frequently asked questions
Yes, case names should be italicized in the main text of a law review article. However, case names in footnotes should not be italicized.
In court documents, such as briefs and motions, full case names are typically italicized or underlined.
Yes, when a case name is not part of a sentence grammatically but is used as a citation embedded in a footnote, you should follow the typeface convention for citations.
Yes, the main text of a law review article uses ordinary type and italics. Most of the text will appear in ordinary type, while case names, article titles, publication titles, and speeches will be italicized.
Case name abbreviations should follow the abbreviations listed in Table 6 of the Bluebook, such as America[n] = Am.
