Cecily Zamora
When writing a law review article, it is important to understand the different types of sources that can be cited. Law review articles are considered secondary sources as they involve analysing and interpreting the law. Primary sources in law include statutes and case documents. When citing law reviews, journals, newspapers, and other periodic materials, it is important to refer to the specific rules outlined in guides such as The Bluebook. These rules cover various aspects, including typeface, volume numbers, abbreviations, and the presentation of titles and authors' names. Online sources and non-print sources, such as films, are also covered by specific rules. For example, when citing an online source, it is necessary to include the URL, but links to library databases or subscription services that are not accessible to the reader should be omitted.
| Characteristics | Values |
|---|---|
| Typeface | Small caps for book titles |
| Authors | List all authors for two authors, for three or more authors, use 'et al.' or list all authors |
| Title | Italicize the title of the periodical article |
| Volume Number | Use the year as the volume number if the journal does not indicate it |
| Page Numbers | Include the first page of the article and the specific pages cited |
| Date | Include the publication date |
| URL | Include the URL if the article was retrieved online |
| Case Name | Case names should appear in ordinary Roman type in the citation |
| Online Sources | Rule 18 covers how to cite online sources |
| Law Reviews vs Briefs | Insert citations as footnotes, not in the text |
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What You'll Learn
Citing law reviews and journals
Understanding Law Reviews and Journals
Law reviews and journals are scholarly articles about legal issues and topics. Law reviews are typically published by law schools or legal organisations, while legal journals may be published by academic institutions or specialised legal publishers. These publications provide a platform for legal scholars, practitioners, and students to contribute to ongoing legal discourse.
Bluebook Rules for Citation
The Bluebook offers specific guidelines for citing law reviews and journals, which are classified as periodical sources. Rule 16 of The Bluebook covers the citation format for these sources. Here are some key points to consider:
- Author: Begin the citation with the author's last name, followed by a comma, and then their first name and middle initial (if available). For example: "Smith, John D."
- Article Title: The title of the article should be in sentence case and enclosed in quotation marks. Italicise the title and capitalise it according to Bluebook rules. For instance: "The Freedom of Speech-Conduct."
- Journal Title: The title of the journal should be in italics. Use the full name of the journal, even if it is commonly abbreviated. For example: "Kentucky Law Journal."
- Volume and Issue Information: Provide the volume number of the journal in Arabic numerals, followed by the issue number in parentheses. If the journal uses continuous pagination across issues without designated volume numbers, use the year as the volume number. For example: "volume 109(1)."
- Page Numbers: Include the page numbers on which the article appears. For specific sections or pages cited within the article, list those page numbers after the initial page range. For example: "pages 81-126, specifically 105-107."
- Date of Publication: Indicate the year of publication in parentheses after the page numbers. For example: "(2020)."
- Online Access: If you accessed the article online, provide the URL at the end of the citation. If there is a Digital Object Identifier (DOI) available, include that instead of the URL. For example: "https://heinonline-org.libproxy.highpoint.edu/HOL/P1."
Multiple Authors and Special Cases
When citing a law review or journal article with multiple authors, list all authors for up to two authors. For three or more authors, you may use "et al." after the first author's name or list all authors, separating their names with commas, except for the final name, which should be followed by an ampersand without a comma.
In the case of non-consecutively paginated periodicals, such as some magazines and newspapers, the citation format may vary slightly. Always refer to The Bluebook for specific instructions on handling different source types and special cases.
Footnotes and Briefs
When writing a law review article, it is common to insert citations as footnotes rather than in the text. The Bluebook provides specific formats for law review footnotes, briefs, court documents, and legal memos. Consult the inside front cover and coloured pages of The Bluebook for quick reference to these formats.
Additionally, when citing online sources or items with unique characteristics (e.g., PDFs), refer to Rule 18 of The Bluebook for guidance on proper citation format.
Examples
- Dan L. Burk & Julie E. Cohen, "Fair Use Infrastructure for Rights Management Systems," Harvard Journal of Law and Technology, 15, 1258-1267 (2016).
- John Fee, "The Freedom of Speech-Conduct," Kentucky Law Journal, 109(1), 81-126 (2020).
- Pamela Samuelson, "Functionality and Expression in Computer Programs: Refining the Tests for Software Copyright Infringement," Berkeley Tech Law Journal, 31, 1215, 1258-1267 (2016).
By following these guidelines and referring to The Bluebook, you can ensure that your citations for law reviews and journals are accurate and conform to the standardised legal citation format.
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Citing online sources
When citing online sources in a law review, it is important to follow the specific guidelines outlined by the publication or institution. Here are some detailed instructions and tips for citing online sources:
Bluebook Style Guide
The Bluebook is a widely used legal citation guide that provides comprehensive rules for citing various sources, including online materials. Rule 18 of the Bluebook covers how to cite online sources and other non-print media, such as films. It is important to refer to Rule 18 carefully, as the citation formats for online sources can vary significantly.
Journal Articles
When citing a journal article from an online source, the Bluebook recommends including the following elements: author, title, volume number, abbreviation of the periodical name, first page of the article, specific pages cited, and publication year. For example:
> Samuelson, Pamela, Functionality and Expression in Computer Programs: Refining the Tests for Software Copyright Infringement, 31 Berkeley Tech L.J. 1215, 1258–67 (2016).
Note that the journal name ("Berkeley Tech L.J.") is abbreviated and in small caps typeface. Also, the volume number is in Arabic numerals, and the issue number is not included, as per Bluebook standards.
Law Reviews
When citing a law review article, the structure is similar to citing a journal article. However, law reviews often have specific formatting requirements. The citation structure for a law review article is as follows:
> Author(s). "Article Title: Subtitle of Article." Journal Title in Italics, volume number(issue number), page numbers, URL (if accessed online).
For example:
> Fee, John. "The Freedom of Speech-Conduct." Kentucky Law Journal 109, no. 1 (2020): 81-126. Accessed June 28, 2021. https://heinonline-org.libproxy.highpoint.edu/HOL/P...
Note that the journal title is in italics, and the URL is included since it was accessed online.
Other Online Sources
In addition to journal articles and law reviews, there are specific rules for citing other online sources, such as websites, databases, and documents. Rule 12.5 of the Bluebook, for example, describes how to cite statutes on Westlaw and Lexis. Always refer to the specific rules and examples provided in the Bluebook for the type of online source you are citing.
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Citing books
When citing books in a law review, it is essential to adhere to the specific guidelines outlined in the Bluebook, a widely recognized authority on legal citation. Rule 15 of The Bluebook covers how to cite books, reports, and other non-periodic materials, such as encyclopedias.
- A basic citation to a book includes six elements, as outlined in Rule 15:
- Author
- Title (in small caps, rather than underlined)
- Publisher
- Year of publication
- Number of editions (if applicable)
- Page numbers or section references
For example: John Doe, "The Legal Handbook" (ABC Publishing 2022) 34.
- When citing a book with multiple authors, include both names in the order they appear, separated by an ampersand. For instance: Neal Feigenson & Christina Spiesel, "Law on Display" (2010).
- For more than two authors, provide the first name followed by "et al.": Russell L. Weaver, et al., "Inside Constitutional Law" (2009).
- If the book has an editor instead of an author, the citation format differs slightly, as per Rule 15.2.
- When citing a work published by the same publisher in multiple editions, include the edition and publication year in parentheses. Example: Lawrence Lessig, "Code: Version 2.0" (2nd ed. 2006).
- If the edition is from a different publisher than the original, note the publisher: John C.H. Wu, "The Golden Age of Zen" (Image Books 1996) (1975).
- Abbreviations and short forms: After providing a full citation, subsequent references to the same book can be abbreviated. Use "Id." to cite a shorter work within a collection if it was cited in the same or immediately preceding footnote. Use "supra" to refer to the entire work or a shorter work if it has been previously cited and "Id." is not appropriate. For example: Sanford Levinson, "Wrestling with Diversity" 25 (2003). Roger K. Newman, "Hugo Black: A Biography" 33 (1994).
- If the author of a work is an institution, provide its complete name: 4 Rocky Mountain Mineral Law Foundation, "The American Law of Mining" 98 (2d ed. 1984).
These guidelines ensure consistent and accurate citations of books in law reviews, facilitating proper attribution and enabling readers to locate the cited sources effortlessly.
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Citing periodical articles
> Author, Title, Volume number, Abbreviation of periodical name, First page of the article, Specific pages cited (if any), and Year.
For example:
> Pamela Samuelson, Functionality and Expression in Computer Programs: Refining the Tests for Software Copyright Infringement, 31 Berkeley Tech L.J. 1215, 1258–67 (2016).
Note that volume numbers should always be given as Arabic numerals, even if the original source uses Roman numerals. If a journal does not indicate the volume number but has continuous pagination across issues, use the year as the volume number.
If an article has two authors, list both authors in the order they appear in the original source, connected by an ampersand:
> Yuval Karniel & Stephen Bates, Copyright in Second Life, 20 Alb. J.L. Sci. & Tech. 433 (2010).
If an article has three or more authors, it is permissible to either give the first author's name followed by "et al." or list all authors as they appear. Always cite an author's full name when first citing their work (first name, then last name).
For non-consecutively paginated periodical articles (including most newspapers and magazines), the Bluebook citation is structured as follows:
> Author, Title of work (in italics), Periodical name (in small caps), Date of issue as it is on the cover, the word "at", First page of the work.
For example:
> Adam Satariano, Law Bolsters Copyrights in Europe, N.Y. Times, Mar. 27, 2019, at B1.
If there is no author, begin the citation with the title.
In terms of formatting, law review typeface guidelines dictate that "id." and "supra" should be in italics. Use "id." when the work is cited immediately previously, either in the same footnote or as the only authority in a previous footnote.
Additionally, do not abbreviate or omit words in an article title. Capitalize all words in a title, including those that begin a title or immediately follow a colon. However, do not capitalize articles, conjunctions, and prepositions when they are four or fewer letters unless they begin the title or immediately follow a colon.
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Citing internet sources
When citing internet sources in a law review, it's important to follow the guidelines provided by The Bluebook: A Uniform System of Citation. The Bluebook contains comprehensive rules for citing legal documents, including online sources.
Rule 18 of The Bluebook covers how to cite internet and electronic sources. It provides three general formats for structuring citations:
- Cite as you would a hard copy print material.
- Combine the print citation with the electronic citation.
- Cite directly to the electronic version.
When citing online sources, it's generally recommended to follow the citation rules for their print counterparts if they share similar characteristics. For example, if you're citing a law review article available as a PDF with page numbers, you can cite it as if it were the print version. However, for sources from commercial databases like Westlaw, which don't preserve original pagination, you should follow Rule 18.3.
If an online source doesn't fit the standard citation formats, you can cite it directly as an electronic source. For example, when citing a webpage within a website, use the title bar or page-identifying heading. Include the main page title, abbreviating it according to Tables 10 and 13, and use large and small cap font.
Additionally, provide clear dates that correspond to the cited material. For blogs and news articles, include the time-date stamp. Otherwise, use the last updated or last modified date. If none of these dates are available, use the last visited date. Include the URL unless it's excessively long or complicated; in such cases, provide the root URL with an appropriate appendix.
It's worth noting that The Bluebook also provides rules for citing specific types of online sources, such as Rule 12.5 for citing statutes on Westlaw and Lexis. Therefore, it's essential to consult Rule 18 carefully to ensure accurate citations for internet sources in a law review.
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Frequently asked questions
A law review article is a scholarly article about a legal issue or topic. They are considered secondary sources as they analyse and interpret the law.
The Bluebook provides rules for how to cite law reviews and journals. The citation should include the author, title, volume number, abbreviation of the periodical name, first page of the article, specific pages cited (if any), and the year.
The Bluebook is a guide to legal citation. It covers how to cite different types of sources, including law reviews and journals, books, and online sources.
Rule 18 of the Bluebook covers how to cite online sources. For items on the web with print characteristics (such as a PDF), you can cite using Rule 18.2.1b2 and append the URL.
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