Gavin Howe
Citing a concurrence in a law journal requires precision and adherence to established legal citation formats, such as The Bluebook or the ALWD Guide to Legal Citation. A concurrence, a separate opinion written by a judge who agrees with the majority decision but for different reasons, is a valuable source for legal analysis. To cite it, begin with the judge’s name, followed by a comma and the word concurring. Next, include the case name, volume number, reporter abbreviation, page number, and year in parentheses, formatted as per the chosen citation style. For example, in The Bluebook, a citation might appear as: *Smith v. Jones, 456 U.S. 123, 145 (1982) (Rehnquist, J., concurring)*. Proper citation ensures clarity, credibility, and accessibility for readers while acknowledging the unique contribution of the concurring opinion to legal discourse.
| Characteristics | Values |
|---|---|
| Citation Format | Follows the Bluebook or the journal's specific style guide. |
| Author(s) of Concurrence | Include the name(s) of the judge(s) who wrote the concurrence. |
| Case Name | Provide the full name of the case in italics. |
| Volume and Reporter | Include the volume number and abbreviated reporter name. |
| Page Number | Specify the starting page of the concurrence. |
| Court and Year | Mention the court and the year of the decision. |
| Pinpoint Citation | Add the specific page number(s) within the concurrence if referencing a particular passage. |
| Concurrence Identifier | Use "concurring" or "concurring opinion" in parentheses after the judge's name. |
| Example Citation | Smith v. Jones, 45 U.S. 123, 145 (2023) (Justice Doe, concurring). |
| Multiple Concurrences | If multiple concurrences exist, cite each separately with respective authors. |
| Online Sources | Include the URL or database name (e.g., Westlaw, LexisNexis) if citing electronically. |
| Parallel Citations | Provide additional reporter citations if available (e.g., 123 S. Ct. 456). |
| Short Form Citations | Use "id." or "supra" for subsequent references to the same concurrence. |
| Footnote or Text Placement | Place the citation in a footnote or within the text, depending on the journal's rules. |
| Consistency | Ensure consistency with the journal's citation style throughout the article. |
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What You'll Learn
- Identify Key Elements: Author, case name, court, year, and pinpoint citation for the concurrence
- Bluebook Format: Follow Rule 10 for citing concurrences in law journals accurately
- Parenthetical Placement: Include concurring or concurring in part in the citation signal
- Multiple Concurrences: Distinguish between concurrences by adding judge’s name or concurring op
- Online Sources: Cite concurrences from electronic databases with proper access date and URL
Identify Key Elements: Author, case name, court, year, and pinpoint citation for the concurrence
When citing a concurrence in a law journal, it is essential to identify key elements that provide clear and precise information about the source. The first critical element is the author of the concurrence, typically the judge who wrote the opinion. This is crucial because the concurrence represents the individual judge’s perspective, which may differ from the majority opinion. Always include the judge’s full name, as this ensures proper attribution and allows readers to understand the origin of the legal reasoning. For example, if Judge John Doe wrote a concurrence, his name should be prominently featured in the citation.
The case name is the next vital component. This is the official title of the legal dispute, often presented in the format of *Plaintiff v. Defendant*. The case name provides context and identifies the specific litigation from which the concurrence arises. It is important to italicize the case name in legal citations to distinguish it from other elements. For instance, in *Smith v. Johnson*, the case name clearly indicates the parties involved, making it easier for readers to locate the case in legal databases or reporters.
The court that issued the decision is another key element. This includes the full name of the court, such as the United States Supreme Court or the California Court of Appeal, as well as the jurisdiction. Specifying the court is essential because it indicates the authority and precedential value of the concurrence. For example, a concurrence from the U.S. Supreme Court carries significant weight compared to one from a lower state court. Always provide the complete court name to avoid ambiguity.
The year of the decision is critical for establishing the temporal context of the concurrence. Legal research often requires understanding the evolution of case law, and the year helps readers gauge the relevance and currency of the cited opinion. Place the year in parentheses immediately after the case name. For example, *Smith v. Johnson (2020)* indicates that the case, including the concurrence, was decided in 2020. This element ensures that the citation is both accurate and informative.
Finally, the pinpoint citation for the concurrence is indispensable. This directs the reader to the exact page or paragraph where the concurrence begins within the reporter or legal database. Pinpoint citations are typically formatted with a comma after the case name, followed by the volume and reporter, and then the specific page number. For example, *Smith v. Johnson, 456 U.S. 789, 800 (2020)* would indicate that the concurrence starts on page 800 of the cited volume. Including the pinpoint citation ensures that readers can quickly locate the relevant portion of the opinion, enhancing the usability of the citation in academic and professional legal writing.
In summary, citing a concurrence in a law journal requires careful attention to the author, case name, court, year, and pinpoint citation. Each of these elements plays a distinct role in providing a complete and accurate reference. By meticulously including these details, legal scholars and practitioners can ensure their citations are both authoritative and accessible, facilitating clear communication and robust legal analysis.
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Bluebook Format: Follow Rule 10 for citing concurrences in law journals accurately
When citing a concurrence in a law journal using the Bluebook format, it is essential to adhere to Rule 10, which specifically addresses the citation of judicial opinions, including concurring opinions. This rule ensures clarity, precision, and consistency in legal citations. To cite a concurrence accurately, begin by identifying the core elements of the citation: the author of the concurrence (typically the judge’s name), the case name, the procedural phrase, the court and year, and the pinpoint cite to the concurrence itself. For example, if citing a concurrence by Justice Ginsburg in *Smith v. Jones*, the citation would start with "Ginsburg, J., concurring." This introductory signal clearly indicates that the citation refers to a concurring opinion rather than the majority opinion.
Following the introductory signal, include the case name in italics, followed by the procedural phrase, which typically includes the court and the year of the decision. For instance, "*Smith v. Jones*, 543 U.S. 123 (2020)." If the concurrence is published in an official reporter, such as the United States Reports, cite to that reporter first. If it is unpublished or only available in a regional reporter, follow the hierarchy of sources outlined in the Bluebook. After the procedural phrase, add the pinpoint cite to the specific page or paragraph where the concurrence begins. For example, "543 U.S. at 130 (Ginsburg, J., concurring)." This ensures that readers can locate the exact portion of the opinion being referenced.
In addition to the basic citation format, Rule 10 also provides guidance on how to handle multiple concurrences or concurrences joined by other judges. If multiple judges write separate concurring opinions, cite each concurrence individually, using the respective judge’s name in the introductory signal. For example, "Sotomayor, J., concurring" and "Kagan, J., concurring." If a judge joins another judge’s concurrence, indicate this by adding "joined by [Judge’s Name]" after the introductory signal. For instance, "Breyer, J., concurring, joined by Sotomayor, J." This ensures that the citation accurately reflects the composition and alignment of the concurring opinions.
When citing a concurrence in a law journal, it is also important to consider the context in which the citation appears. If the concurrence is being quoted or discussed in detail, include a parenthetical explanation to provide additional context or to highlight a specific point. For example, "(emphasizing the importance of statutory interpretation)." This practice enhances the clarity of the citation and helps readers understand its relevance to the argument being made. Additionally, if the concurrence is available in an online database, such as Westlaw or LexisNexis, include the database name and the date of last access in accordance with Bluebook Rule 18.
Finally, consistency and attention to detail are key when applying Bluebook Rule 10 to cite concurrences in law journals. Double-check the accuracy of the judge’s name, the case name, the procedural phrase, and the pinpoint cite to avoid errors. While the Bluebook provides a strict framework, it also allows for flexibility in certain situations, such as when a concurrence is unpublished or when additional information is necessary for clarity. By following these guidelines, legal scholars and practitioners can ensure that their citations are both accurate and compliant with the Bluebook’s standards, thereby enhancing the credibility and professionalism of their work.
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Parenthetical Placement: Include concurring or concurring in part in the citation signal
When citing a concurrence in a law journal, proper parenthetical placement is crucial to clearly indicate the nature of the opinion being referenced. The phrase "concurring" or "concurring in part" should be included directly in the citation signal to distinguish the concurrence from the majority opinion. This practice ensures that readers can immediately identify the type of judicial opinion being cited without needing to consult the full citation. For example, if you are referencing a judge’s concurrence, the parenthetical should explicitly state this, such as "(concurring)" or "(concurring in part and dissenting in part)." This clarity is essential in legal writing, where precision and specificity are paramount.
The placement of "concurring" or "concurring in part" within the citation signal typically follows the judge’s name or immediately precedes the pinpoint cite. For instance, if citing a specific passage from a concurrence, the format might look like this: *Smith v. Johnson*, 456 U.S. 123, 145 (1982) (Justice Stevens, concurring). Here, the parenthetical clearly identifies Justice Stevens as the author of the concurrence and directs the reader to the relevant page. If the judge both concurs and dissents, the signal should reflect this nuance, such as "(Justice Stevens, concurring in part and dissenting in part)." This approach aligns with the Bluebook and other legal citation guides, ensuring consistency and professionalism.
In cases where multiple judges join a concurrence, the parenthetical should also reflect this. For example, if Justice A writes a concurrence and Justice B joins, the citation might read: *Doe v. Roe*, 789 F.3d 456, 478 (2015) (Justice A, with whom Justice B joins, concurring). This format not only credits the author of the concurrence but also acknowledges the support of the joining judge. Including this detail is important because it provides a fuller context of the judicial alignment in the case, which can be relevant to the argument being made in the law journal article.
When a judge concurs in part and dissents in part, the parenthetical must accurately capture this duality. For instance, the citation could appear as: *Brown v. Green*, 321 U.S. 678, 690 (1944) (Justice Murphy, concurring in part and dissenting in part). This precise language ensures that the reader understands the judge’s position is not uniformly aligned with either the majority or the dissent. Such specificity is critical in legal scholarship, where the nuances of judicial opinions often form the basis of analysis or argumentation.
Finally, consistency in parenthetical placement across all citations in a law journal article reinforces the author’s credibility and adherence to legal writing standards. Whether citing a full concurrence, a partial concurrence, or a concurrence with a dissent, the parenthetical should always be clear, concise, and placed appropriately within the citation signal. By following these guidelines, authors ensure that their citations are not only technically correct but also serve their intended purpose of guiding readers through complex legal arguments with ease and precision.
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Multiple Concurrences: Distinguish between concurrences by adding judge’s name or concurring op
When citing multiple concurrences in a law journal, it is essential to clearly distinguish between them to avoid confusion and ensure precision. One effective method is to include the judge’s name or refer to the concurring opinion by a distinguishing identifier. This approach is particularly useful when multiple judges have written separate concurring opinions in the same case. For example, if Judges A, B, and C each wrote a concurrence, you would cite them individually by name or by specifying their respective concurring opinions. This practice aligns with the Bluebook and other legal citation guides, which emphasize clarity and specificity in referencing judicial opinions.
To implement this, begin by identifying the judge’s name in the citation. For instance, if Judge A wrote a concurrence, you would cite it as *Case Name, Volume Source Page (Court Year) (Judge A, concurring)*. If Judge B also wrote a concurrence, it would be cited as *(Judge B, concurring)*. This method ensures that the reader can easily differentiate between the opinions. Alternatively, if the concurring opinions are not attributed to specific judges in the source, you can use phrases like “concurring op.” followed by a distinguishing feature, such as a key issue addressed in the concurrence. For example, *Case Name, Volume Source Page (Court Year) (concurring op. discussing standing)*.
In cases where multiple concurrences are cited in a single sentence or paragraph, consistency is key. Always pair the judge’s name or a distinguishing identifier with the respective concurrence. For example, “Judge A’s concurrence focused on the constitutional issue, while Judge B’s concurrence addressed statutory interpretation.” This not only distinguishes between the opinions but also provides context for the reader. If the concurrences are lengthy or complex, consider including a signal or parenthetical to highlight the specific point being referenced, such as *(Judge A, concurring, at 10)*, where “at 10” refers to the page number within the concurrence.
When using the “concurring op.” method, ensure that the distinguishing feature is clear and relevant. For instance, if one concurrence discusses due process and another focuses on equal protection, cite them as *(concurring op. discussing due process)* and *(concurring op. discussing equal protection)*. This approach is particularly useful when the judges’ names are not provided or when the focus is on the content rather than the author. However, always prioritize including the judge’s name if it is available, as it provides the most direct and authoritative reference.
Finally, remember to follow the formatting rules of the citation manual you are using, such as italics for case names and proper punctuation. For example, in Bluebook style, the citation would appear as *Smith v. Jones, 456 U.S. 123 (1982) (Judge A, concurring)*. Consistency in formatting and clarity in distinguishing between concurrences will enhance the readability and professionalism of your law journal article. By carefully identifying each concurrence through the judge’s name or a specific identifier, you ensure that your citations are both accurate and informative.
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Online Sources: Cite concurrences from electronic databases with proper access date and URL
When citing a concurrence from an electronic database in a law journal, it is essential to provide accurate and detailed information to ensure the source is easily locatable and verifiable. Begin by identifying the key elements of the citation, including the author of the concurrence (typically the judge), the case name, the court, the year of the decision, and the specific database or platform where the concurrence was accessed. For online sources, the access date and URL are crucial components, as they allow readers to trace the citation back to its origin.
The general format for citing a concurrence from an electronic database follows the structure of a standard case citation but includes additional details for online access. Start with the judge’s name, followed by a comma and the phrase "concurring" in parentheses. Next, include the case name in italics, the volume and reporter numbers, the page number, and the year of the decision in parentheses. After the standard case citation, add the database name in italics, followed by the access date and the URL. For example: *Smith v. Johnson*, 456 U.S. 789 (2020) (Justice Doe, concurring), *Westlaw*, accessed October 15, 2023, https://www.westlaw.com/case/1234567.
It is important to ensure that the URL provided is stable and directly links to the specific concurrence. Many legal databases offer permalinks or stable URLs for this purpose. If the database does not provide a stable URL, use the most direct link available and verify its functionality. The access date should be formatted as "Month Day, Year" and placed immediately after the database name. This date indicates when the source was retrieved and is particularly important for online resources, which may be updated or removed over time.
When using databases like Westlaw, LexisNexis, or HeinOnline, include the database name in italics and follow the platform’s specific citation guidelines if available. For instance, Westlaw citations often include the database name followed by the document number or citation service. If the concurrence is part of a larger case document, ensure the citation clearly identifies the concurring opinion. Consistency with the law journal’s preferred citation style (e.g., Bluebook) is critical, so consult the journal’s guidelines for any specific requirements.
Finally, double-check the accuracy of all citation elements, including the judge’s name, case details, and online access information. Errors in the URL or access date can render the citation unusable. By meticulously following these steps, you ensure that your citation of a concurrence from an electronic database is both precise and professional, adhering to the standards of legal scholarship.
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Frequently asked questions
A concurrence is a separate opinion written by a judge who agrees with the outcome of a court decision but differs in reasoning or analysis. Citing a concurrence is important because it highlights alternative legal arguments, clarifies nuances in the law, and provides additional insights into judicial interpretation.
In Bluebook format, cite a concurrence as follows: *Case Name*, *Volume Source Page* (Court Year) (Justice, concurring). For example: *Roe v. Wade*, 410 U.S. 113 (1973) (Rehnquist, J., concurring).
Yes, including the judge’s name is standard practice when citing a concurrence, as it identifies the author of the opinion. Use the judge’s last name followed by ", J." (for Justice) or ", C.J." (for Chief Justice).
While a concurrence is not binding precedent, it can be cited as persuasive authority to support arguments or illustrate differing legal perspectives. However, it should not replace the majority opinion as primary authority.
In your citation, use "(concurring)" for a concurrence and "(dissenting)" for a dissent. For example: *Case Name*, *Volume Source Page* (Court Year) (Justice, concurring) vs. *Case Name*, *Volume Source Page* (Court Year) (Justice, dissenting).
