Tag Archives: Citations

Bryan Garner Says Citations In Footnotes are Okey Dokey.

04 Sunday Sep 2016

Posted by in Brief Writing, Citations, Footnotes, Legal Writing

≈ Comments Off on Bryan Garner Says Citations In Footnotes are Okey Dokey.

Tags

, , , , , ,

Bryan Garner Says: Put Your Citations in Footnotes, by Rich Cassidy, On Lawyering Blog

http://onlawyering.com/2014/03/bryan-garner-says-put-your-citations-in-footnotes/

After posting on one judge’s opinion of against citations in footnotes, for the sake of balance, here is Bryan Garner’s opinion against putting them anywhere else but footnotes.

When it comes to writing briefs, let the court rules dictate which method you use. If a court or judge goes to the trouble to address such details, there is a reason. Ignore the court’s preference at your own risk! -CCE

[I]n the February 2014 issue of the ABA Journal, and in the corresponding ABA Journal Law News “Bryan Garner on Words” column, “Textual Citations Make Legal Writing Onerous, for Lawyers and Nonlawyers Alike,” Garner promotes a suggestion for writing briefs and memoranda.   . . . The suggestion is simple: Instead of including bibliographical material —  the numerical citation used to find a case or legal authority  — in the text of a  legal document, Garner suggests publishing this material in a footnote.

Continue reading →

The New ALWD Citation Guide.

05 Saturday Jul 2014

Posted by in ALWD, Citations, Legal Writing, The Bluebook

≈ Comments Off on The New ALWD Citation Guide.

Tags

, , , , , ,

The Inside Scoop About The New ALWD Citation Guide, by Legal Writing Prof, Legal Writing Prof Blog

http://tinyurl.com/n9beufc

Let’s not forget that the 20th edition of the Bluebook is coming, although the publication date has yet to be announced. -CCE

At the LWI conference, members got inside information about ALWD’s new citation guide. It’s no longer called a manual–the title of the fifth edition is the ALWD Guide to Legal Citation. Chief editor Coleen Barger and contributor Brooke Bowman explained that the new guide has eliminated the differences between it and the Bluebook. That means, among other things, that large-and-small caps are now prescribed for certain law review citations and abbreviations and citations have been standardized to comport with traditional formats.  But the new guide will be easier to use than the Bluebook. Plentiful symbols clarify when spaces are needed, and law review formats are integrated into the subject matter sections but clearly labeled by a title, an identifying marginal line, and a warning symbol.

A companion site includes exercises that students who purchase the book can access. An on-line teacher’s manual will be available soon and will include comparison charts between the fourth and fifth editions and between the fifth edition and the Bluebook. . . .

Student Guide to Footnotes and Citations in Scholarly Writing.

22 Sunday Jun 2014

Posted by in Citations, Footnotes, Legal Writing, Research, The Bluebook

≈ Comments Off on Student Guide to Footnotes and Citations in Scholarly Writing.

Tags

, , , , , ,

When a Rose Isn’t ‘Arose’ Isn’t Arroz: A Student Guide to Footnoting for Informational Clarity and Scholarly Discourse, by Mark E. Wojcik, Legal Writing Prof Blog

http://tinyurl.com/nm4p2x6

Professor William Mock has authored an article meant to help students cite more sensibly. The article begins with welcome advice: ‘Not every proposition in a law review articles requires citation, nor does every footnote require cited authority.’ (And in case you’re worried already, that sentence has two footnotes in the orginal!).

It is the kind of article that should be given to incoming law journal editorial boards to help student editors (and research assistants) understand the distinctions among different types of footnotes.

You can share this link for students to download a copy of the paper from SSRN.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1019891

(With students, we recommend giving the link rather than the document itself so that students will also learn how to do research on SSRN–a source that gives them information not found on Westlaw or Lexis or Bloomberg).

If law journals adopt more sensible rules for citations rather than strict mathematical formulas (such as 1.8 pages of footnotes for each page of text), law reviews have a chance to increase their readability and usefulness to readers.

Best Brief Writing Checklist.

08 Sunday Jun 2014

Posted by in Bad Legal Writing, Brief Writing, Citations, Footnotes, Legal Analysis, Legal Argument, Legal Writing, Legalese, Plain Language, Proofreading, Quotations, Readability, Spell Checking, Statement of Facts, Summary of the Argument

≈ 1 Comment

Tags

, , , , ,

“Briefly Speaking,” Brief Writing – Best Practices, Washington State Court of Appeals, Division I, CLE

 http://tinyurl.com/lsrzxjy

This is the essence of writing a persuasive and winning brief. Each section is important. Ignore the guidance here at your peril.

The icing on the cake is the advice from the Hon. Patricia M. Wald, Judge of the United States Court of Appeals for the D.C. Circuit, taken from her article, “19 Tips from 19 Years on the Appellate Bench,” The Journal of Appellate Practice and Process, Vol. 1, No. 1 (Winter 1999).  She is right – this is your opportunity to tell your client’s story. Short and to the point is always more persuasive than long-winded recitations of fact and case law.

Make this your brief writing checklist. -CCE

More on Link Rot.

27 Sunday Apr 2014

Posted by in Appellate Law, Legal Technology, Link Rot, United States Supreme Court

≈ Comments Off on More on Link Rot.

Tags

, , , , , , ,

Stopping Link Rot: Aiming to End A Virtual Epidemic, by NPR Staff, All Tech Considered, NPR

http://n.pr/QTrCGp

I have mentioned perma.cc and the problem of link rot before. It is a good solution but not quite perfected. When I have used it here on this blog, it is not always reliable, which is disappointing for something that shows such promise. Hopefully all the kinks will be worked out soon. -CCE

Just about anyone who’s gone online has encountered the message: ‘Error 404’ or page ‘Not Found.’ It’s what you see when a link is broken or dead — when the resource is no longer available.

It happens all across the Internet, on blogs, news websites, even links cited in decisions by the Supreme Court. It’s called link rot, and it spreads over time as more pages die.

These are natural deaths; links die when the server where the page first lived has closed for business, or a filter is blocking access. It’s annoying on sites like Buzzfeed and Gawker, but it’s worse when links go rotten on judicial decisions or works of scholarship.

Jonathan Zittrain, professor of law and computer science at Harvard University, says that’s a serious problem.

‘It’s extraordinarily bad for the long-term maintenance of the information we need, say, to understand the law,’ says Zittrain, who helped create Perma.cc, a service to help judges, authors and scholars preserve links indefinitely. . . .

Good Advice On How to Avoid Embarrassing Mistakes In An Appeal.

16 Sunday Feb 2014

Posted by in 5th Circuit Court of Appeals, Appellate Law, Bad Legal Writing, Brief Writing, Case Law, Citations, Citations to the Record, Legal Analysis, Legal Writing, Mandatory Law, Primary Law, Proofreading, Research, Statement of Facts, Texas Supreme Court

≈ Comments Off on Good Advice On How to Avoid Embarrassing Mistakes In An Appeal.

Tags

, , , , , , , , , , ,

Common Mistakes Seen in Appellate Petitions and Briefs, by Chad M. Ruback, Appellate Lawyer

http://news.appeal.pro/appeals-to-texas-supreme-court/appellate-petitions-and-briefs/

Mr. Ruback served as a briefing attorney to the Fort Worth Court of Appeals. Here he shares the common mistakes that are normally seen in appellate writing. Because an appellate court never questions witnesses or hears evidence, the written documents submitted by the parties are all it has upon which to base its ruling. Sloppy and lengthy garbled arguments simply will not do. Mr. Ruback’s comments are worth noting.

I would like to add to Mr. Ruback’s list – neglecting to verify the accuracy of the appellate record while it remains in the jurisdiction of the trial court. It is a simple exercise to compare the record compiled by the trial court clerk using the Designation of Record and Counter-Designation of Record to make sure that the record is accurate.

This may seem a waste of time until the appellate record includes a deposition that was never admitted into evidence or a crucial piece of evidence is overlooked by the court clerk who assembled record for the appeal. No one is perfect; mistakes can happen.

Too often, counsel ignore this simple step. Personally, I would make sure the person you send to check the record put the trial exhibits together and/or was part of the trial team. Or to put it another way – how do you explain to a client that you couldl have avoided the appeal’s fatal flaw if you had checked the record before it was sent up on appeal? -CCE

The Legal Writing Debate on Footnotes Continues.

08 Saturday Feb 2014

Posted by in 5th Circuit Court of Appeals, Appellate Law, Brief Writing, Citations, Court Rules, Footnotes, Legal Writing

≈ Comments Off on The Legal Writing Debate on Footnotes Continues.

Tags

, , , , , , , , , , , ,

The Never Ending Debate Over Citational Footnotes, by Raymond Ward, the (new) legal writer

http://tinyurl.com/lh3t2co

Mr. Ward gives us a brief overview in these two paragraphs. In the remainder of his post, Mr. Ward expands on his variations for citations in footnotes and the preferences of Fifth Circuit judges  I mean no disrespect to Mr. Garner, but if Mr. Ward gives advice on legal writing, I pay attention. -CCE

Who would have thought that, for over 13 years now, the most controversial subject among litigation-oriented legal writers would be the location of legal citations in footnotes versus in text? Back in the spring of 2001, a judge in an intermediate Louisiana appellate court, in writing the majority’s opinion in a case, put her legal citations in footnotes. This drew a concurring opinion from the chief judge (withdrawn before final publication), agreeing with the result but objecting to the use of footnotes for citations. So the author wrote her own concurring opinion defending her use of footnotes. The case is Ledet v. Seasafe, Inc., 783 So. 2d 611 (La. App. 3 Cir. 2001). The controversy stirred up by Ledet caught the attention of the New York Times. Here is my own little casenote on Ledet.

Fast-forward 13 years. Bryan Garner writes an article for the ABA Journal recommending the use of footnotes for legal citations—a position he’s held since I took my first Garner seminar in 1998. His fellow Texans Rich Phillips and Jason Steed write blog posts begging to differ. Different decade, pretty much the same debate.

Use Footnotes for Legal Citations?

07 Friday Feb 2014

Posted by in Brief Writing, Citations, Footnotes, Legal Writing

≈ Comments Off on Use Footnotes for Legal Citations?

Tags

, , , , , ,

Garner Argues For Footnotes In Judicial Opinions, by Legal Writing Prof, Legal Writing Prof Blog

http://tinyurl.com/jwd8rpg

Count me as one who disagrees with putting citations in footnotes. Mr. Garner has advocated this position for some time, and he has won some converts.

When I am reading a brief or opinion, I want to look at the citation at the time I am reading the argument. The strength of the authority will influence how persuaded I will be by the argument. Because persuading the reader is basically what legal writing is all about, I do not want my reader to lose focus or be distracted in any way. For me, having to move my eyes down to a footnote to find the authority used for an argument would tedious and irritating. I am afraid that I will never agree with Mr. Garner on this point. -CCE

In his February ABA Journal column, Bryan Garner continues his long-running campaign for footnotes in judicial opinions. He argues that citations in the text make legal writing cumbersome. And he points out that while they might have been practical in the days of the typewriter, now “we can easily sweep those interruptions out of the way.”

Garner admits that not everyone agrees with him; so far, only a minority of judges has adopted his proposal. . . .

Legal Writing Tips From a Former Law Clerk.

01 Saturday Feb 2014

Posted by in ALWD, Bad Legal Writing, Brief Writing, Citations, Headnotes, IRAC, Legal Writing, The Bluebook

≈ Comments Off on Legal Writing Tips From a Former Law Clerk.

Tags

, , , , , , , , , , , ,

Writing Trial Memoranda: A Law Clerk’s Perspective, by Brock Collins, Kentucky Bench and Bar Association Magazine (January 2014) (with hat tip to Legal Writing Prof Blog)

http://kentuckybenchandbar.epubxp.com/t/30647

On page 28 of the Kentucky Bench and Bar Association Magazine, Brock Collins, a Professor at Charleston School of Law, describes what he learned about legal writing as a former judicial clerk. Professor Brock observes that “[t]he quality of an attorney’s credibility and reputation is based in large part on the quality and thoroughness of her legal writing.” In this excellent article, Professor Brock shares his legal writing tips. -CCE

Heads’ Up! A Summary of the New Oklahoma Supreme Court Rule.

19 Thursday Dec 2013

Posted by in Appellate Law, Case Law, Citations, Court Rules, Legal Writing, Oklahoma Civil Appellate Procedure, Oklahoma Supreme Court, Research

≈ Comments Off on Heads’ Up! A Summary of the New Oklahoma Supreme Court Rule.

Tags

, , , , ,

IN RE OFFICIAL PUBLICATION OF DECISIONS, SCAD-2013-63, 2013 OK 109, Decided 12/16/2013

http://www.oscn.net/applications/oscn/deliverdocument.asp?citeid=472452

There is a new official publisher of court opinions in town, and it’s not West Publishing.

On January 1, 2014, Rule 1.200 in Title 12 goes into effect. All Oklahoma practitioners should take note of this new rule affecting appellate procedure and citation format.

The Oklahoma Supreme Court becomes the “official” publisher of the Oklahoma Supreme Court and the Oklahoma Court of Civil Appeals. Whenever either the Supreme Court or the Court of Civil Appeals files an opinion with the Court Clerk, the opinion is published that same day on the home page of OSCN, the Oklahoma Supreme Court Network (http://www.oscn.net).

West Publishing Company, which had been the “official” publisher since January 2, 1954, will remain an “unofficial publisher,” along with the Oklahoma Bar Journal and other publications. Regardless, a parallel citation to the Pacific Reporter, a West publication, is still required by this rule.

If you practice in Oklahoma, you may recall when the Supreme Court started using its public domain citation form in 1997. This is now the required citation format – with some new tweaks.  Among the new requirements are citations to the opinion’s paragraph for spot citations.

The Court also addresses how it will publish Memorandum Opinions and Unpublished Opinions. For the first time, a party or individual who believes an unpublished opinion of the Supreme Court or Court of Appeals has “substantial precedential value” may ask the Court to publish that opinion. Opinions designated for publication only in the Oklahoma Bar Journal (“For Publication in O.B.J”) may not be cited as precedent.

The Rule provides examples of the new variations of the required changes in citation format. The examples are logical, and easy to understand. If you wish to make a positive impression with either Court, I would follow these changes precisely. -CCE

An Excellent and Persuasive Legal Writing Tool – Parentheticals

09 Saturday Nov 2013

Posted by in Brief Writing, Case Law, Citations, Legal Writing, Trial Tips and Techniques

≈ Comments Off on An Excellent and Persuasive Legal Writing Tool – Parentheticals

Tags

, , , , ,

For lovers of parentheticals, two articles, by Raymond Ward, the (new) legal writer

http://bit.ly/1a8Hudm

A Plan to Stop Link Rot Forever – Perma CC

22 Tuesday Oct 2013

Posted by in Citations, Footnotes, Law Libraries, Legal Technology, Legal Writing, Link Rot

≈ Comments Off on A Plan to Stop Link Rot Forever – Perma CC

Tags

, , , , , ,

A web page that lasts forever: the plan to stop “link rot” in law and science, by Jeff John Roberts, GigaOM
http://gigaom.com/tag/perma-cc/

Legal Writing

13 Sunday Oct 2013

Posted by in Brief Writing, Citations, Court Orders, Legal Writing

≈ Comments Off on Legal Writing

Tags

, , ,

A Manual for Writing Legal Opinions, Legal Skills Prof Blog
http://bit.ly/1cdVyDb

How U.S. Fifth Circuit Read Briefs, by Raymond Ward, Louisiana Civil Appeals Blog
http://bit.ly/16waJGQ
(Also mentioned by Jeff Richardson in his post on iPhone J.D. Blog under Legal Technology.)

How Many Cases Should I Cite?, by Legal Writing Prof, Legal Writing Prof Blog
http://bit.ly/16vykHJ