Washington & Lee Law Review Writing Guidelines

Notes: All footnotes should begin with a full citation and should include an introductory signal and a parenthetical unless there is a quote, statistic, or... It is not necessary to use

Law Review Writing Guidelines

Washington & Lee Law Review Writing Guidelines

Last Updated: Fall 2006

Keyed to Bluebook, 18th ed.

Rory Gray, Diana Grimes & Skylar Rosenbloom, Managing Editors

Law Review Writing Guidelines

I General Information 4

A "Notes" v "Articles" 4

B Citation Sentences 4

C Sources 4

II Citation 4

A When to Footnote 4

B Elements of a Footnote 4

1 Notes 5

2 Articles 5

3 Introductory Signals 5

4 Pinpoint Citations 6

5 Parentheticals 6

C Short Cites 9

1 Id 9

2 Cases 10

3 Other Sources; supra, infra, and hereinafter 11

D Footnotes when Sources Appear in Text 12

E Internet Citations 14

III Punctuation and Abbreviation 15

A Commas 15

B Quotation Marks 16

C Colons 17

D Possessives 17

E Capitalization 17

F Abbreviation 18

G Blanks 18

H Dashes and Hyphens 18

I Ellipses 19

J Foreign Words 20

K Hypothetical Parties 20

L Decades 20

M The Letter "L" 20

N Numbers 20

O Versus 20

P Paragraph Symbol 20

Q Percentages 21

R Section/Rule 21

IV Formatting 22

A Font 22

B Table of Contents 22

Law Review Writing Guidelines

C Headings in the Text 23

D Paragraphs 23

E Italics 23

F Block Quotes 24

G Charts and Graphs 24

V Grammar and Writing Style 24

A Active Voice 24

B Linking Verbs 24

C Short and Simple 24

D Pronouns 25

E Split Infinitives 25

F Since and Because 25

G While 25

H Dangling Modifiers 25

I Split Verb Phrases 26

J "That" 26

K Parallelism 26

L Where, When, or in Which 26

I General Information

Law Review Writing Guidelines

A "Notes" v "Articles": For internal Law Review purposes, remember that "Note" means

a student-written Law Review piece, whereas "Article" refers to a piece written by a professor or practitioner

B Citation Sentences: In general, the Law Review uses citation sentences Between

citation sentences, leave two spaces just as with any other kind of sentence

C Sources: The source materials we use are, in descending order of authority:

1 The Writing Guidelines for the WASHINGTON AND LEE LAW REVIEW

2 The Bluebook: A Uniform System of Citation: (18th ed.) The WASHINGTON

AND LEE LAW REVIEW adheres to The Bluebook on all questions of citation, form, and grammar, unless otherwise specified Remember that The Writing Guidelines trump The Bluebook.

3 Texas Manual on Usage & Style: (10th ed.) (TMS) Unless otherwise indicated,

the WASHINGTON AND LEE LAW REVIEW relies on the TMS as a supplement to The Bluebook and as persuasive authority on questions of grammar and style When a TMS rule conflicts with a Bluebook rule, we defer to The Bluebook.

4 When Still in Doubt: Keep in mind that our primary goal is to provide clear text

and citations that will help the reader understand the author’s meaning and locate the cited source as easily as possible Final decisions regarding citation, form, grammar and style will be made by the Managing Editors in conjunction with the Editor in Chief

II Citation

1 Notes: Footnote all sentences in a Note except for transition sentences and

sentences containing ideas that are completely your own This rule also applies

to sentences within footnotes

2 Articles or Essays: Footnote sentences in an Article or an Essay that contain

statistics, quotations, or other material clearly drawn from the work of another person Otherwise, defer to the author’s wishes

B Elements of a Footnote:

1 Notes: All footnotes should begin with a full citation and should include an

introductory signal and a parenthetical unless there is a quote, statistic, or

Law Review Writing Guidelines

purely factual information in the text Footnotes may contain incidental

comments only after the initial citation

Example:

Restorative justice has been shown to deter crime more efficiently than the regular criminal justice system 1 "Restorative justice places emphasis on repairing harm, empowering a victim-driven process, and transforming the community’s role in addressing crime." 2

1. See BRAITHWAITE, supra note 45, at 121 ("Virtuous circles of restorative justice deter more than vicious circles of punitive justice.").

2. C Quince Hopkins et al., Applying Restorative Justice to Ongoing Intimate Violence: Problems and Possibilities, 23 ST LOUIS U PUB L REV 289, 294 (2004).

Tip: If you feel that a signal and parenthetical would be repetitive, use a quote

in the text

2 Articles: Footnotes need not begin with a citation unless the footnoted sentence

contains statistics, quotations, or other material clearly drawn from the work of another person

3 Introductory Signals:

a Italicize all parts of an introductory signal, including periods and

commas, except the second comma in see, e.g., the only signal

immediately followed by a comma

b Refer to Bluebook Rule 1.2 for a description of each introductory signal

c Refer to Bluebook Rules 1.2 and 1.3 for a list of signals and their proper

order Group all signals of the same basic type (positive, comparative, negative) with a semi-colon in the same citation sentence

Example:

1 See Colton, supra note 7, at 443 (stating that inherent agency powers

"include all powers that a third party would reasonably suppose the agent to

have"); Gray, supra note 21, at 5 (explaining his agency power as managing editor); see also Dormire, supra note 6, at 248 (citing case law suggesting that

"the third party needed to show only that he acted reasonably" to establish

inherent agency) But see EISENBERG, supra note 7, at 13 (defining

reasonableness from a principal’s viewpoint)

d In Notes, use the introductory signal "see generally" sparingly and only

when needed to provide background material In Articles, give deference

to the author’s use of the signal

Law Review Writing Guidelines

e When only two sources are used in a compare citation, no comma is

placed after the first source Commas must be placed after each source if

more than two sources are included in a compare citation Refer to

f For a list of the order of signals within each type of citation sentence

(positive, comparative, or negative), refer to Bluebook Rule 1.4 Within

each citation sentence, Rule 1.4(d) requires that the most recent cases by

a court be cited first and that cases from higher courts be cited before cases from lower courts

4 Pinpoint Citations: All citations in footnotes except those beginning with "see

generally" should contain a pinpoint A pinpoint is a citation to the specific page

number in a case, article, or treatise that supports a point If a quotation is used

in

a substantive parenthetical, the pinpoint should refer specifically to the page or pages on which that quote is found

Tip: When citechecking or editing, if the author has not included a pinpoint

where one is necessary, first make a reasonable attempt to locate the citation If the reasonable attempt does not yield the appropriate pinpoint citation, we need

to contact the author to obtain the pinpoint

5 Parentheticals: Except as noted below, use a parenthetical after every

source preceded by a signal.

a It is not necessary to use a parenthetical (a) following see generally or (b)

if the signal is used as a verb within a textual sentence in the footnote Ifthe signal is used as a verb, it is not italicized

R EV 410 (2006) For another example of a disgruntled editor complaining

about Donald Houser’s laissez-faire management style, see Aaron Lockwood,

Law Review Writing Guidelines

Why Do I Do This For Only One Credit?, 63 WASH & L EE L R EV 516, 530 (2006)

b You may use a parenthetical when quoting (i.e when a source is not

preceded by a signal) if so desired

Example:

Curious as to why Columbia, Harvard, the University of Pennsylvania, and Yale did not consult the Washington and Lee Law Review before making its

recent revisions to the Bluebook, the Law Review Board vowed to "reform

the system of legal citation." 6

6. Donald Houser et al., How to Rid Citations of Argy Bargy , 64 WASH

& LEE L REV 1, 5 (2006) (describing Washington and Lee’s Writing Guidelines

as clearer and more entertaining than the Bluebook).

c Begin parentheticals with a gerund ("-ing" verb) (e.g., stating,

determining, proposing, mandating, finding, holding, etc.) unless the parenthetical consists entirely of a quoted sentence Do not place a

period inside the parenthetical if the parenthetical begins with an "-ing" verb

Examples:

Correct: (finding that Law Review editing can be tedious work) Incorrect: (Law Review editing can be tedious work)

d Quotations in substantive parentheticals may consist of more

than one sentence Substantive parentheticals beginning with an "-ing" verb should contain only one sentence If further explanation is required,begin a new sentence outside of the parenthetical and provide a separatecitation to the source of this information

e Use the word "holding" or "held" in text or footnotes only when the court

uses that word The word "hold" is a term of art A court’s mere

restatement of a rule is not a holding.

f Quoted Material in a Parenthetical: When a parenthetical includes only a

quoted sentence, the sentence should begin with a capital letter, and a

period should be included inside the parenthetical (and outside the

parenthetical if it is the last citation in the footnote) However, if the parenthetical does not begin with a quotation, the parenthetical should begin with an "-ing" verb and should not include a period inside the parenthetical

Examples:

Law Review Writing Guidelines Incorrect: ("only law review nerds care about blue booking

conventions") Correct: ("[O]nly law review nerds care about blue booking

conventions.").

Correct: ("Intentional force against another’s person or property is

virtually never employed to commit this offense.")

Incorrect: (Skylar Rosenbloom stated that "his first love is editing.") Correct: (quoting Skylar Rosenbloom as stating that "his first love is

editing").

g Use "(same)" for a parenthetical only when the two cases’, articles’, or

statutes’ holdings, conclusions, propositions, etc are identical The

"(same)" parenthetical should be used sparingly

Example:

52.See Smith v Johnson, 100 F.2d 103, 104 (1st Cir 1980) (holding that a

person may assert an estoppel defense in a conversion action); Jones v Johnson, 99 F.2d 100, 108 (1st Cir 1979) (same); Black v Johnson, 98 F.2d

100, 109 (1st Cir 1979) (defining the elements of conversion action).

h Order of Parenthetical Material: Please refer to the following lists and

insert parentheticals as needed "Substantive" refers to a normal

parenthetical beginning with a gerund or containing a quote

time.") (emphasis added) (citing Gray v Houser, 468 U.S 902, 908 (2004)),

overruled by Abernathy v Carpenter, 582 N.W.2d 617 (Iowa 2006).

Law Review Writing Guidelines

many crappy articles) (on file with the Washington and Lee Law Review).

C Short Cites: Refer to Bluebook Rule 4 for a list of rules on short citation forms

1 Id.: Refer to Bluebook Rule 4.1 Use id when citing to the immediately

preceding authority within the same footnote or within the immediately

preceding footnote when the preceding footnote contains only one authority

a There is no comma between id and "at."

Example:

b When using id., include pinpoint citations when necessary to indicate any

particular instance in which the subsequent citation varies from the former Note that "at" is used only when the pinpoint refers to a page number or numbers

c Within footnotes, a short cite containing id is treated as a sentence,

therefore two spaces should precede and follow it

Example:

Law Review Writing Guidelines

1 Harlow v Fitzgerald, 457 U.S 800, 818 (1982) The issue in

d Bluebook Rule 4.1 indicates that "[s]ources identified in explanatory

parentheticals, explanatory phrases, or prior/subsequent history are

ignored" when using id to cite to the immediately preceding authority

within the same footnote or within the immediately preceding footnote when the preceding footnote contains only one source

Example:

1 Haddon View Inv Co v Coopers & Lybrand, 436 N.E.2d 212, 217

(Ohio 1982), overruled by Smith v Jones, 782 N.E.2d 923 (Ohio 1985).

e When using id., parentheticals indicating the weight of authority (e.g.,

dissenting, concurring) must be repeated even if the immediately preceding footnote includes an appropriate parenthetical indicating weight of authority

Example:

1 Nunnally v Seiner, 607 U.S 1081, 1084 (1994).

2. Id at 1097 (Scalia, J., dissenting).

3. Id (Scalia, J., dissenting).

f For the use of id with supra and infra, see page 12

2 Cases: Cite all cases in full in footnotes, with the following exceptions:

a Use a short cite if the case already appears in the same footnote

b Use a short cite if the case appears in the same general textual discussion

When you extensively discuss a case in text, you may use the short form for the case in a footnote even though the case does not appear in the same footnote or does not appear prominently within five preceding footnotes

c Use a short cite if the full citation prominently appears within five

preceding footnotes

Law Review Writing Guidelines Examples:

1 Haddon View Inv Co v Coopers & Lybrand, 436 N.E.2d 212, 217

(Ohio 1982), overruled by Smith v Jones, 782 N.E.2d 923

d For a full citation to appear prominently, the prior footnote must contain

no more than four sources including all sources found in parenthetical

information For example, the following footnote contains five sources but only three citations

Examples:

1 Haskell v Ragland, 34 So 2d 87, 96 (La 1987) (citing Robert A

McCormick, Interference on Both Sides: The Case Against the NFL-NFLPA Contract, 53 WASH & L EE L R EV 397, 399 (1996)); see generally Cravens v Redding, 823 P.2d 874, 889 (N.M 1992); Louis Loss, The Conflict of Laws and the Blue Sky Laws, 71 HARV L REV 209 (1957), reprinted in LOUIS LOSS

& EDWARD M COWETT, BLUE SKY LAW 180 (1958).

3 Other Sources; supra , infra and hereinafter:

a Supra refers to citations or discussions appearing previously Infra refers

to citations or discussions that will appear later Refer to Bluebook Rule

3.5.

b Supra may be used to short cite to any source that is not a case.

Example: BRAITHWAITE, supra note 45, at 121.

c Do not use id to refer to portions of a Note or Article Supra or infra

should be repeated instead You may use id to short cite to a single

source A footnote is not a source

Examples:

Law Review Writing Guidelines

1. Supra notes 200–12 and accompanying text.

2. Supra notes 200–12 and accompanying text.

3. Barnett, supra note 150, at 202.

D Footnotes When Sources Appear in Text:

1 You must fully identify any case or statute that is mentioned in the text for the

first time

a Place a footnote immediately following the source; this footnote should

begin with a signal, contain the full source name, a full citation, and a parenthetical describing the holding of a case or the purpose of a statute Examples:

In Lemon v Kurtzman,1 the Supreme Court developed an Establishment Clause test 2

1. See Lemon v Kurtzman, 403 U.S 602, 612–13 (1971) (establishing

a three prong test to determine whether a government action violates the First Amendment’s Establishment Clause).

Chapter 11 of NAFTA 3 requires that countries provide rights to foreign investors 4

3. See North American Free Trade Agreement, U.S.-Can.-Mex., art

1103, Dec 17, 1992, 32 I.L.M 289 (1993) (establishing free trade among Canada, the United States, and Mexico).

b If the source name appears in the middle of a sentence, you must footnote

the source immediately You may then id to this citation in the footnote

at the end of the sentence

1. See Regents of Univ of Cal v Bakke, 438 U.S 265, 320 (1978)

(finding the University of California Medical School’s admissions plan unconstitutional)

2 See id at 320 ("The fatal flaw in petitioner’s preferential program is

its

disregard of individual rights as guaranteed by the Fourteenth Amendment.").

c For Notes only, a mini-case comment may accompany any case

Law Review Writing Guidelines

specifically mentioned in the text and should immediately follow the first

in-text mention of the case A mini-case comment contains a brief

summary of the following: (1) the issue of the case, (2) the facts of the case, (3) the court’s reasoning, and (4) the court’s holding You may varyfrom this format as needed if you choose to include a mini-case commentfor another type of source

Example:

The Court addressed this issue in Regents of University of California v Bakke.1

1. See Regents of Univ of Cal v Bakke, 438 U.S 265, 320 (1978)

(holding the University of California Medical School’s admissions plan

unconstitutional) In Bakke, the Supreme Court considered the validity of a

medical school’s admissions program that set aside 16 of 100 available spots

in

the school’s incoming class specifically for minority students Id at 272–75 According to the Bakke Court, the school’s desire to attain a diverse student

body was a constitutionally permissible goal for an institution of higher

education Id at 311–12 Even so, the Bakke Court found that the school’s affirmative action program violated the Constitution for two reasons Id at

309,

316 First, the assignment of a fixed number of places to minority individuals

was an unnecessarily restrictive means of achieving the school’s goal Id at

316

Specifically, the school’s use of a set-aside system failed to evaluate each

applicant as an individual Id at 319–20 At the same time, the Court

approved

of other race-conscious admissions programs that considered a minority applicant’s race as one factor among many factors qualifying the applicant for

admission Id at 316–18 The Bakke Court stated that programs that consider

an applicant’s race as a positive factor do not insulate the individual from

comparison with all other candidates for the available seats Id at 317

d Because the purpose of a citation is to support the assertions in sentences,

you should not cite a source at the end of a sentence merely because the source is mentioned in the sentence Thus, if a source does not support a sentence’s assertion(s), you should not cite that source at the conclusion

of the sentence, but should instead cite authority that supports the