Gavin Howe
When considering the use of small caps in citation law reviews, it is essential to understand the specific guidelines and conventions that govern legal writing. Small caps, which are uppercase letters set at the same height as lowercase letters, are typically employed to denote specific elements within citations, such as the names of parties in a case or the titles of statutes. The precise rules for using small caps can vary depending on the citation style being followed, such as The Bluebook: A Uniform System of Citation or the ALWD Citation Manual. Authors must carefully consult these resources to ensure compliance with the required formatting standards, as proper use of small caps not only enhances readability but also reflects professionalism and attention to detail in legal scholarship.
| Characteristics | Values |
|---|---|
| Purpose | To indicate specific legal authorities or elements within a citation, enhancing clarity and adhering to legal citation style guides. |
| Common Uses | Court names, journal titles, constitutional provisions, statutes, and other legal authorities. |
| Style Guides | The Bluebook, ALWD Citation Manual, and individual law review style guides. |
| Formatting | Use small caps for the entire term or abbreviation (e.g., U.S. CONST., CAL. PENAL CODE). |
| Exceptions | Proper nouns within the authority (e.g., Smith v. Jones) are not in small caps unless they are part of a standard abbreviation. |
| Digital Compatibility | Ensure small caps are supported in the document format (e.g., Word, LaTeX, PDF) to avoid rendering issues. |
| Consistency | Apply small caps uniformly throughout the document to maintain professional appearance. |
| Examples | U.S. CONST. amend. I, 42 U.S.C. § 1983, CAL. GOV'T CODE § 1234. |
| Updates | Refer to the latest edition of The Bluebook or relevant style guide for any changes in small caps usage. |
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What You'll Learn
Proper Names in Citations
When citing proper names in law review articles, it is essential to adhere to specific formatting conventions to maintain clarity, consistency, and professionalism. Proper names, including those of individuals, organizations, and legal entities, generally do not require small caps in citations. Instead, they should be capitalized following standard English rules. For example, in a citation, "John Doe" or "United States Supreme Court" should appear in normal case, not small caps. This rule aligns with the Bluebook, the primary authority for legal citation, which reserves small caps for specific elements like titles of judges or governmental positions when used before a name (e.g., "Justice Alito").
However, exceptions arise when proper names are part of a publication title or journal name within a citation. In such cases, the title case rules apply, where major words are capitalized, and minor words (such as articles, prepositions, and conjunctions) are lowercase. For instance, if citing an article titled "The Role of the Fourth Amendment in Modern Law," the title should be formatted accordingly, without using small caps. This distinction ensures that proper names within titles are treated consistently with other words in the title.
In law review citations, small caps are typically reserved for specific elements like court names (e.g., "Supreme Court") or statutory references (e.g., "Title 18"). Proper names, even when part of these elements, do not warrant small caps unless they are part of a formal title or position. For example, in a citation to a case, "Smith v. Johnson" would remain in normal case, while "United States v. Jones" would capitalize "United States" as part of the party name, not in small caps.
It is crucial to differentiate between proper names and terms that require small caps in legal citations. For instance, while "President Biden" would use small caps for the title "President," the name "Biden" remains in normal case. Similarly, in citations to legislative materials, the names of acts or bills (e.g., "Civil Rights Act") are capitalized but not placed in small caps. This careful distinction ensures that proper names are treated consistently and appropriately across all citations.
Finally, when in doubt, consult the Bluebook or the specific style guide of the law review for precise instructions. While proper names generally do not require small caps, the context in which they appear (e.g., within a title, as part of a court name, or in a formal position) may dictate specific formatting. Consistency in handling proper names not only enhances the readability of citations but also reinforces the credibility of the legal scholarship. By following these guidelines, authors can ensure their citations accurately and professionally reflect the names of individuals and entities involved in legal discourse.
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Statutory Titles Formatting
When formatting statutory titles in legal citations, particularly for law reviews, consistency and adherence to established style guides are paramount. The Bluebook: A Uniform System of Citation is the primary authority for legal citation in the United States, and it provides clear rules for statutory title formatting. According to the Bluebook, statutory titles should generally be rendered in small caps when cited in text or footnotes. This rule applies to both federal and state statutes, as well as to codified and uncodified laws. For example, the title of a federal statute should appear as "42 U.S.C. § 1983" or "the Civil Rights Act of 1964," with the formal title in small caps.
The use of small caps for statutory titles serves multiple purposes. First, it distinguishes statutory references from other legal authorities, such as case names or journal articles, which are typically italicized or underlined. Second, it enhances readability by providing a visual cue that signals to the reader the nature of the cited authority. Third, it aligns with the formal tone expected in legal writing, particularly in academic and professional contexts like law reviews. It is crucial to apply small caps consistently throughout the document to maintain uniformity and professionalism.
While small caps are the standard for statutory titles, there are exceptions and nuances to consider. For instance, when citing a popular name for a statute (e.g., "the Affordable Care Act"), the Bluebook permits the use of title case instead of small caps, as these names are not formal statutory titles. Additionally, if a statute is referred to in a less formal context, such as in a signal or introductory phrase, small caps may not be necessary. However, in formal citations within footnotes or text, adherence to the small caps rule is essential.
Another important consideration is the treatment of section or subsection references within a statutory title. When citing a specific section of a statute, the section symbol (§) should precede the section number, followed by the statutory title in small caps. For example, a citation to a specific section of the U.S. Code would appear as "§ 1983, 42 U.S.C." Note that the section symbol and section number are not in small caps, only the statutory title. This formatting ensures clarity and precision in identifying the exact provision being referenced.
Finally, when citing state statutes, the same small caps rule applies, but additional care must be taken to include the appropriate state code abbreviation. For example, a citation to a California statute would appear as "CAL. PENAL CODE § 187." The state code abbreviation should be in standard uppercase letters, followed by the statutory title in small caps. This combination of uppercase and small caps ensures that the citation is both accurate and visually consistent with federal statutory citations. By following these guidelines, legal writers can ensure that their statutory citations are formatted correctly and professionally in law review articles and other legal documents.
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Case Names Small Caps
In legal writing, particularly within law review articles, the use of small caps for case names is a widely accepted convention. This practice serves multiple purposes, including enhancing readability, maintaining consistency, and adhering to established citation formats such as The Bluebook. When citing case names in a law review, small caps are typically employed to distinguish the case name from other elements in the citation, ensuring that it stands out clearly. For example, in the citation *Smith v. Johnson*, the case name would appear as *Smith v. Johnson*, with "Smith" and "Johnson" in small caps. This formatting helps readers quickly identify the parties involved in the case.
The decision to use small caps for case names is not arbitrary but is rooted in legal citation traditions. According to The Bluebook, the authoritative guide for legal citations, case names should be stylized in small caps in both text and footnotes. This rule applies regardless of whether the case name appears in a signal (e.g., *See Smith v. Johnson*) or in a full citation. Consistency in this formatting is crucial, as it contributes to the professionalism and clarity of the legal document. Deviating from this standard may lead to confusion or detract from the credibility of the work.
It is important to note that small caps are specifically reserved for case names and should not be used for other elements in a citation. For instance, the procedural phrase (e.g., *v.* for "versus") and the court name (e.g., *U.S.* for "United States") are typically italicized or abbreviated, not placed in small caps. Additionally, when a case name includes a descriptive term or a nickname, such as *Brown v. Board of Education*, only the party names ("Brown" and "Board of Education") are rendered in small caps, while the descriptive term ("Board of Education") remains in regular font. This distinction ensures precision in citation formatting.
While The Bluebook provides the primary guidelines for small caps usage, some law reviews or journals may have their own style guides that supplement or slightly modify these rules. Authors should always consult the specific guidelines of the publication to which they are submitting their work. However, in the absence of conflicting instructions, adhering to The Bluebook's standards for small caps in case names is the safest and most widely accepted approach. This ensures uniformity across legal scholarship and facilitates ease of reference for readers.
In conclusion, the use of small caps for case names in law review citations is a fundamental aspect of legal writing. It enhances readability, maintains consistency, and aligns with established citation practices. By correctly applying small caps to case names while avoiding their use for other citation elements, authors can produce clear, professional, and authoritative legal documents. Mastery of this convention is essential for anyone engaged in legal scholarship or practice.
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Bluebook Rules for Emphasis
The Bluebook: A Uniform System of Citation provides specific guidelines for using emphasis in legal writing, including when to employ small capitals (small caps) in citations within law review articles. Small caps are a typographic style where lowercase letters are used but appear as smaller versions of capital letters. This style is reserved for particular elements in legal citations to ensure clarity and consistency.
Rule 8 of the Bluebook addresses the use of small caps in citations. It states that certain words and abbreviations should be set in small caps to distinguish them from the rest of the citation. This rule is particularly important in law review citations, where precision and adherence to style conventions are crucial. For instance, when citing a case, the court name and the word "Court" should be in small caps, e.g., *Brown v. Board of Education, 347 U.S. 483 (1954)*. This rule ensures that the court's authority is clearly identified.
In addition to court names, Rule 8.3 specifies that certain standard abbreviations and phrases should also be in small caps. These include "Id." (for "Ibid."), "Supp." (for "Supplement"), and "Stat." (for "Statutes at Large"). For example, when referring to a subsequent citation from the same source, one would use "Id. at 490" in small caps. This practice helps readers quickly identify these elements within the citation.
Another important application of small caps is in Rule 10, which covers the citation of journals and law reviews. When citing a law review article, the title of the journal should be in small caps, followed by the volume number, the abbreviation of the journal title (if applicable), and the page number. For example: *123 Yale L.J. 1457 (2014)*. This format ensures that the journal title stands out and is easily recognizable.
It is essential to note that the Bluebook emphasizes consistency and precision in the use of small caps. Rule 1.2 highlights that small caps should only be used for the specific elements outlined in the rules and not for general emphasis or stylistic preference. Overuse of small caps can detract from the readability of a citation and may lead to confusion. Therefore, writers must carefully apply these rules to maintain the integrity and clarity of their citations in law review articles.
In summary, the Bluebook's rules for emphasis, particularly the use of small caps, are designed to enhance the readability and accuracy of legal citations. By following these guidelines, law review authors can ensure that their citations are both compliant with established standards and easily navigable for readers. Adherence to these rules is a hallmark of professional legal writing and scholarship.
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Exceptions to Small Caps Use
When using small caps in legal citations within law reviews, there are specific exceptions to the general rule that authors and editors should be aware of. One notable exception arises when citing court rules or procedural rules. In these instances, the names of the rules themselves are typically not rendered in small caps. For example, references to the "Federal Rules of Civil Procedure" or the "California Code of Civil Procedure" should appear in standard uppercase and lowercase, rather than small caps. This exception ensures clarity and consistency, as these titles are treated as proper names of legal frameworks rather than case names or statutory citations.
Another exception to small caps usage occurs when citing constitutional provisions. While the name of the constitution itself, such as the "United States Constitution," may be in small caps, specific article or amendment numbers and section references are not. For instance, "Article III, Section 2" or "First Amendment" should be written in standard font. This distinction helps differentiate between the overarching document and its specific components, maintaining readability and adherence to citation conventions.
Additionally, small caps are not used when referencing secondary sources, such as law review articles, books, or treatises. Titles of these works should be italicized or enclosed in quotation marks, depending on the style guide being followed, but they are never set in small caps. For example, a citation to a law review article would appear as *"The Bluebook: A Uniform System of Citation"* or "The Evolution of Legal Citation Practices," without any use of small caps. This exception underscores the difference between primary legal authorities and scholarly commentary.
A further exception applies to the citation of administrative regulations. While the name of the regulatory code, such as the "Code of Federal Regulations," may be in small caps, specific part or section numbers are not. For example, "21 C.F.R. § 101.9" should be written with the "21 C.F.R." in small caps but the section reference in standard font. This approach ensures that the hierarchical structure of the regulation is clear and that the citation remains consistent with established legal citation practices.
Lastly, when citing foreign legal materials, small caps usage may vary depending on the jurisdiction and the specific rules of the law review. In some cases, foreign case names or statutory citations may not follow the small caps convention, particularly if the original language or citation style does not employ this formatting. Authors should consult the relevant style guide or journal guidelines to determine the appropriate treatment of foreign legal citations. This exception acknowledges the diversity of legal citation practices across different legal systems and ensures accuracy in international legal scholarship.
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Frequently asked questions
Small caps are used in law review citations to distinguish specific elements, such as party names in case citations, to enhance readability and adhere to Bluebook or other citation style guidelines.
Use small caps for party names in case citations when following the Bluebook or other citation styles that require it, typically in full case names but not in short form citations or signals.
No, small caps are not required for all citations. They are primarily used for party names in case citations and occasionally for other specific elements as dictated by the citation style guide.
While regular capitalization may be acceptable in some informal contexts, using small caps is strongly recommended in law review citations to comply with established legal citation standards.
In most word processors, select the text and apply the "Small Caps" formatting option. Ensure the font supports small caps, as some fonts may not display them correctly.
