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Tag Archives: Footnotes

Bryan Garner Says Citations In Footnotes are Okey Dokey.

04 Sunday Sep 2016

Posted by Celia C. Elwell, RP in Brief Writing, Citations, Footnotes, Legal Writing

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

Tags

Briefs, Bryan Garner, Citations, Footnotes, Legal Writing, On Lawyering Blog, Rich Cassidy

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.

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Where Should Citations Go? Texas Appellate Judges Have An Opinion.

05 Friday Jun 2015

Posted by Celia C. Elwell, RP in Appellate Judges, Appellate Writing, Brief Writing, Citations, Footnotes, Judges, Legal Writing

≈ Comments Off on Where Should Citations Go? Texas Appellate Judges Have An Opinion.

Tags

Brian Garner, Footnotes, Legal Citations, Legal Writing, Rich Phillips, Texas Appellate Watch

The End of the Great Footnote War in Texas? by Rich Phillips, Texas Appellate Watch

http://tinyurl.com/oq8z9va

I have posted before (and here and here) about a debate that confirms that appellate lawyers are the nerds of the legal world: should citations go in footnotes or in the text?. . . .

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Link Rot – How To Archive The Internet?

21 Wednesday Jan 2015

Posted by Celia C. Elwell, RP in Footnotes, Legal Technology, Link Rot

≈ Comments Off on Link Rot – How To Archive The Internet?

Tags

beSpacific Blog., Content Drift, Footnotes, Internet, Jill Lepore, Link Rot, Reference Rot, Sabrina I. Pacifici, URLs

The Cobweb – Can The Internet Be Archived?, by Sabrina I. Pacifici, BeSpacific Blog

http://www.bespacific.com/cobweb-can-internet-archived/

This is not my first post on “link rot.” There are groups who are looking for solutions, but I cannot in confidence say that there is yet a definitive answer. -CCE 

The New Yorker – Annals of Technology. January 26, 2015 Issue. The Cobweb Can the Internet be archived? By Jill Lepore

‘…The Web dwells in a never-ending present. It is—elementally—ethereal, ephemeral, unstable, and unreliable. Sometimes when you try to visit a Web page what you see is an error message: ‘Page Not Found.’ This is known as ‘link rot,’ and it’s a drag, but it’s better than the alternative. More often, you see an updated Web page; most likely the original has been overwritten. (To overwrite, in computing, means to destroy old data by storing new data in their place; overwriting is an artifact of an era when computer storage was very expensive.) Or maybe the page has been moved and something else is where it used to be. This is known as ‘content drift,’ and it’s more pernicious than an error message, because it’s impossible to tell that what you’re seeing isn’t what you went to look for: the overwriting, erasure, or moving of the original is invisible. For the law and for the courts, link rot and content drift, which are collectively known as ‘reference rot,’ have been disastrous. In providing evidence, legal scholars, lawyers, and judges often cite Web pages in their footnotes; they expect that evidence to remain where they found it as their proof, the way that evidence on paper—in court records and books and law journals—remains where they found it, in libraries and courthouses. But a 2013 survey of law- and policy-related publications found that, at the end of six years, nearly fifty per cent of the URLs cited in those publications no longer worked. According to a 2014 study conducted at Harvard Law School, ‘more than 70% of the URLs within the Harvard Law Review and other journals, and 50% of the URLs within United States Supreme Court opinions, do not link to the originally cited information.’ The overwriting, drifting, and rotting of the Web is no less catastrophic for engineers, scientists, and doctors. Last month, a team of digital library researchers based at Los Alamos National Laboratory reported the results of an exacting study of three and a half million scholarly articles published in science, technology, and medical journals between 1997 and 2012: one in five links provided in the notes suffers from reference rot. It’s like trying to stand on quicksand…’

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Student Guide to Footnotes and Citations in Scholarly Writing.

22 Sunday Jun 2014

Posted by Celia C. Elwell, RP in Citations, Footnotes, Legal Writing, Research, The Bluebook

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

Tags

Citations, Footnotes, Law Review Articles, Legal Writing Prof Blog, Mark E. Wojcik, Professor William Mock, SSRN

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.

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The Legal Writing Debate on Footnotes Continues.

08 Saturday Feb 2014

Posted by Celia C. Elwell, RP 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

ABA Journal, Brief Writing, Bryan Garner, Citations, Footnotes, Jason Steed, Ledet v. Seasafe, Legal Writing, Louisiana Appellate Court, New York Times, Raymond Ward, Rich Phillips, the (new) legal writer

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.

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Use Footnotes for Legal Citations?

07 Friday Feb 2014

Posted by Celia C. Elwell, RP in Brief Writing, Citations, Footnotes, Legal Writing

≈ Comments Off on Use Footnotes for Legal Citations?

Tags

ABA Journal, Bryan Garner, Citations, Footnotes, Legal Writing, Legal Writing Prof, Legal Writing Prof Blog

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. . . .

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A Plan to Stop Link Rot Forever – Perma CC

22 Tuesday Oct 2013

Posted by Celia C. Elwell, RP in Citations, Footnotes, Law Libraries, Legal Technology, Legal Writing, Link Rot

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

Tags

Citations, Footnotes, GigaOM, Law Libraries, Link Rot, Perma CC, U.S. Supreme Court

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/

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