william & mary business law review · 2015. 8. 25. · william & mary business law review...

WILLIAM & MARY

BUSINESS LAW REVIEW

VOLUME 7

STAFF MANUAL

William & Mary Business Law Review Table of Contents

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WILLIAM & MARY BUSINESS LAW REVIEW

TABLE OF CONTENTS

I. Mission ................................................................................................................................................... 1 II. Eligibility for Membership .................................................................................................................. 2 III. Staff Member Obligations ................................................................................................................... 3

A. General Participation .............................................................................................................. 3 B. Note Writing Requirement .................................................................................................... 3

1. Selection of the Note Topic .................................................................................... 3 2. Supervision ................................................................................................................. 4 3. Note Requirements ................................................................................................... 4 4. Copyright .................................................................................................................... 5 5. Plagiarism.................................................................................................................... 6

C. Cite-Checking and Editing .................................................................................................... 6 D. Dues .......................................................................................................................................... 7

IV. Academic Credit Policy........................................................................................................................ 8 V. Organization .......................................................................................................................................... 9

A. Executive Board ...................................................................................................................... 9 1. Editor-in-Chief .......................................................................................................... 9 2. Managing Editor ........................................................................................................ 9 3. Executive Editor ......................................................................................................10 4. Executive Articles Editor .......................................................................................10 5. Senior Notes Editor ................................................................................................10 6. Senior Articles Editor .............................................................................................11

B. Editorial Board ......................................................................................................................11 1. Articles Editors ..........................................................................................................11 2. Notes Editors ............................................................................................................11 3. Layout Editors ...........................................................................................................11 4. Membership Coordinator ........................................................................................11

C. Editorial Board Committees ...............................................................................................12 1. Articles Selection Committee ................................................................................12 2. Notes Selection Committee ...................................................................................12

D. Staff .........................................................................................................................................12 E. Faculty Advisor .....................................................................................................................13

VI. Editorial Board Selection ...................................................................................................................14 VII. Decision Making Policy .....................................................................................................................15

A. Policy.......................................................................................................................................15 B. Procedures..............................................................................................................................15

VIII. Disciplinary Policy ..............................................................................................................................16 A. Disciplinary Guidelines ........................................................................................................16 B. Note Duties ...........................................................................................................................16 C. Editorial Duties .....................................................................................................................16 D. Disciplinary Process for Minor Infractions ......................................................................16

1. First Infraction .........................................................................................................16


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2. Second Infraction ....................................................................................................17 3. Third Infraction .......................................................................................................17

E. Disciplinary Process for Major Infractions .......................................................................17 F. Disciplinary Proceedings ......................................................................................................18 G. Special Disciplinary Proceedings for EIC .........................................................................18

IX. Amendments to the Staff Manual ....................................................................................................20 X. Publication Process Overview ..........................................................................................................21

A. Manuscript Phase ..................................................................................................................21 B. Team Read .............................................................................................................................21 C. Executive Edit #1 .................................................................................................................21 D. Author Review #1 ................................................................................................................22 E. Executive Edit #2 .................................................................................................................22 F. Author Review #2 ................................................................................................................22 G. Final Executive Edit .............................................................................................................22 H. Final Publication Steps .........................................................................................................22 I. Book and Mailing Phase ......................................................................................................22

XI. Publication Process in Detail ............................................................................................................23 A. Manuscript Phase ..................................................................................................................23

1. General ......................................................................................................................23 2. Prepare for Cite Check ...........................................................................................23 3. Cite Check Process ..................................................................................................23 4. AE/NE Edit ............................................................................................................24 5. EAE/SAE, SNE Edit.............................................................................................25 6. LEs Prepare Manuscript for Team Read .............................................................25 7. Team Read ................................................................................................................26 8. Executive Edit .........................................................................................................26 9. LEs Prepare Manuscript for 1st Author Review; EAE/SAE, SNE

Prepares First Memo .............................................................................................27 10. Author’s 1st Review ................................................................................................27 11. LEs Enter 1st Author Changes .............................................................................27 12. EAE/SAE/SNE Reviews 1st Author Changes .................................................27

B. Executive Edit #2 .................................................................................................................28 1. Executive Edit #2 Purpose ...................................................................................28 2. LEs Prepare Manuscript for 2nd Author Review; EAE/SAE/SNE

Prepares Second Memo ..........................................................................................28 3. Author’s 2nd Review ..............................................................................................29 4. Executive Board Reviews 2nd Author Changes .................................................29

C. Final Executive Edit .............................................................................................................29 1. Executive Board Edit .............................................................................................29 2. LEs Enter Changes .................................................................................................29 3. Editorial & Executive Board Kerning ..................................................................30 4. Printing and Bluelines .............................................................................................30

D. Mailing Phase .........................................................................................................................30 XII. Editing Guidelines ..............................................................................................................................31

A. Typeface Conventions ..........................................................................................................31 B. Formatting Conventions ......................................................................................................31 C. Noteworthy Editing Items...................................................................................................32

1. Quotations (Bluebook Rule 5) ..............................................................................32 2. Internal Cross-References: Bluebook Rule 3.5 ...................................................34


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3. Order of Citations ...................................................................................................34 4. Cases ..........................................................................................................................34 5. Statutes ......................................................................................................................35 6. Section Symbols (§) .................................................................................................36 7. When all else fails... .................................................................................................36

D. Grammar ................................................................................................................................36 1. Common Grammatical Errors ..............................................................................36 2. Compound Words and Hyphenation ...................................................................39

E. BLR Conventions .................................................................................................................39 1. Abbreviations ...........................................................................................................39 2. Apostrophes / Possessives ....................................................................................40 3. Capitalization (Bluebook Rule 8) ..........................................................................40 4. Commas in a Series .................................................................................................42 5. Gender-Neutral Language .....................................................................................42 6. Hyphenation and Compound Words ...................................................................42 7. Internet Terminology ..............................................................................................45 8. Italics (Bluebook Rule 7) ........................................................................................45 9. Numerals and Symbols ...........................................................................................46 10. Special Case Names ................................................................................................47 11. Unreported Cases ....................................................................................................47 12. Citing Tables, Figures, and Other Like Subdivisions in Page Numbers .........47 13. More than One Article by an Author in a Footnote ..........................................47 14. Section vs. § ..............................................................................................................47 15. Et Seq ........................................................................................................................48

XIII. Entering Edits with Track Changes .................................................................................................49 A. General Instructions .............................................................................................................49

1. Cite-Checkers ...........................................................................................................49 2. Editors ......................................................................................................................49

B. Computer Instructions .........................................................................................................49 1. Windows ...................................................................................................................49 2. Mac OS .....................................................................................................................51

XIV. Submission Procedure .......................................................................................................................54 A. Cite Check 1 Example (Dates and Times Are Illustrative Only): ..................................54

XV. Cite-Checking Responsibilities of the Editorial Board .................................................................56 A. AE/NE ..................................................................................................................................56 B. EAE/SAE ..............................................................................................................................56 C. ME ..........................................................................................................................................56

XVI. Cite-Checking Room Policy ..............................................................................................................57 XVII. Cite-Checking Procedure ...................................................................................................................58

A. Problem Sheet .......................................................................................................................58 1. Note Any and All Problems on Your Problem Sheet .......................................58 2. Email Your Problem Sheet to Your AE/NE when Submitting Your

Cite Check ................................................................................................................58 B. Deadlines at 72 Hours After Drop.....................................................................................59

1. Find and Upload Each of Your Sources ..............................................................59 2. Check Out Library Sources ....................................................................................61 3. Submit All ILL Requests Using the Online System ...........................................62 4. If ILL Sources Arrive During the Cite Check: ...................................................62 5. Gather and Upload Source PDFs .........................................................................62


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C. Deadlines at 144 Hours (6 Days) After Drop (Source Binder) ......................................65 1. Download Source PDFs Uploaded by Other Cite-Checkers ...........................65 2. Gather Add Cites.....................................................................................................66 3. Create Pin Cite PDFs..............................................................................................66 4. Mark Pin Cite PDFs ................................................................................................70

D. Textual Editing (Due at the End of the Cite Check) .......................................................78 1. Ensure Track Changes Is Enabled and Configured Correctly .........................78 2. Edit All Citations for Accuracy and Proper Bluebook Format ........................79 3. Edit Footnote Text and Main Text for Correct Grammar, Spelling,

Capitalization, and Punctuation ............................................................................79 4. Insert Permalinks into Article ................................................................................80 5. Upload Entire Article on Dropbox and Notify Your AE/NE by Email that

the Cite Check Is Complete ...................................................................................81 Appendix ...........................................................................................................................................................82

A. Preface to 20th Edition of the Bluebook ..........................................................................82 B. Rule 18 of the 20th Edition of the Bluebook ...................................................................85 C. Editing Symbols ....................................................................................................................97

William & Mary Business Law Review Mission

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I. MISSION

The William & Mary Business Law Review (BLR) is a scholarly publication of professional articles and student notes, edited and operated by students of the William & Mary Law School. BLR is dedicated to the nexus between business, law, and ethics. The mission of BLR is to (i) publish articles that analyze new laws and challenge existing laws; (ii) provide lawyers, students, judges, public officials, and scholars a practical research tool; and (iii) provide students of the William & Mary Law School an opportunity to receive a more comprehensive legal education through participation as staff members of BLR.

William & Mary Business Law Review Eligibility for Membership

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II. ELIGIBILITY FOR MEMBERSHIP

Rising 2L law students are eligible to compete in the William & Mary Law School Joint Journal Competition. If you wish to become a part of BLR, you must rank BLR when you obtain your Joint Journal Competition (JJC) ranking sheet. JJC generally occurs after completion of the 1L spring semester exams. JJC will test students’ writing, editing, and Bluebook skills. Transfer students may compete in JJC at the end of their second year to become members during their third year. Transfer students must complete the note writing requirement and other staff member obligations. Joint degree students may also compete in JJC at the conclusion of their second year, if not at the law school during their first year.

Determinations of eligibility based on JJC performance are ultimately at the discretion of the Editor-in-Chief and the Executive Editor. It is within their discretion to weigh various aspects of competitor performance during JJC to meet the current needs of BLR.

Inquiries regarding eligibility should be directed to the Executive Editor.

William & Mary Business Law Review Staff Member Obligations

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III. STAFF MEMBER OBLIGATIONS

A. GENERAL PARTICIPATION

Membership on BLR is a two-year obligation. In addition to the note writing and editing responsibilities, each member of BLR shall be required to complete assignments, which vary with the current needs of BLR. The Managing Editor will ensure that work assignments are distributed fairly. Once particular tasks are assigned, each member shall fulfill all responsibilities in a timely and professional manner. Notice of assignments may be made personally, by telephone, by email, or by placing notice in the member’s hanging file.

BLR will maintain a file for each member during the course of his or her membership. This file contains, at a minimum, the Articles Editor and Notes Editor evaluations of cite checks, copies of the outline and drafts of his or her note, any disciplinary letters, documentation regarding service on various committees of BLR, and other relevant information. These files may be maintained electronically, at the discretion of the sitting Executive Board.

B. NOTE WRITING REQUIREMENT

Each member of BLR must submit a note of publishable quality on the subject of business law. BLR defines “business law” broadly. A publishable note reflects substantial research, good organization, proper citation and Bluebooking. It must include in-depth analysis of the subject matter, not merely a simple recitation of the state of the law. Staff members may not submit papers used for credit in other classes or journals to satisfy BLR’s note requirement.

The Senior Notes Editor coordinates the note writing process with the assistance of the Notes Editors. The Senior Notes Editor will introduce specific note requirements and explain them at new member orientation. Each note writer will be assigned a Notes Editor who will monitor the progress of his or her note. At the direction of the Senior Notes Editor, Notes Editors will be responsible for communicating with their assigned note writers the specific requirements of the program including topic selection, deadlines, format, length and overall quality standards. Notes Editors are responsible for keeping the Senior Notes Editor informed of each staff member’s progress. Failure to meet deadlines set by the Senior Notes Editor or to write a publishable note will result in disciplinary action, up to and including denying the student academic credit.

1. Selection of the Note Topic

BLR members are allowed to choose the topic and form of presentation for their notes. It is advised that authors select a topic in which they are interested because the note writing process will require a substantial amount of the author’s time.

A worthy topic may propose a change in existing law, choose one theory of law over competing theories, or have broad implications for the future. Factors favoring worthiness include: (i) issues or cases of first impression in a particular jurisdiction; (ii) cases overruling a line of authority within a jurisdiction; (iii) a topic clarifying or attempting to clarify a


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confused area of business law; (iv) a topic having enforcement, policy, financial, or practical consequences for the practicing lawyer; (v) cases involving initial judicial interpretation of a statute, rule or decision; (vi) cases decided by a closely divided court; (vii) cases applying established principles to a new situation; and (viii) a topic generating great public concern and attention. All student authors should take special care that the issue chosen is not too broad to be adequately treated in a note, a relatively short work.

Preemption is a significant problem that student authors face. In order to be considered for publication, the student author must ensure that works published in recent law reviews or legal journals have not preempted his or her argument. If the note is a case analysis, subsequent cases must not preempt the note.

Each note writer shall meet with a faculty member to discuss their note topic before finalizing the topic. Once a note writer has selected their topic, given the subject some thought, and conducted initial research, the faculty member meeting will be scheduled by the note writer. Since the conversation that happens with the faculty member will be conducted after the initial planning and research, the note writer will be able to be a full participant in this conversation.

2. Supervision

Each note writer will be supervised and supported by a Notes Editor. The Notes Editors will read each draft submitted by the note writers carefully, and will offer suggestions for improvement. Notes Editors will be available to their note writers during every step of the process to answer questions and assist in producing the best notes possible. In addition, experienced staff members should make themselves available to offer general advice and suggestions regarding the note-writing process.

Note writers should make an effort to meet the law library’s research librarians, and to find out how best to utilize their knowledge and experience. All of the research librarians are more than qualified to assist in the note writing process in some way: they are all law school graduates, they all have significant research experience, and they are there for the express purpose of helping students in their research needs.

3. Note Requirements

This is not meant to be a complete and accurate list of steps for the note writing process. Instead, this is meant as a general guide to the process. Each note writer must look to current emails from the Senior Notes Editor for the most updated note writing process and its deadlines.

• Submit five potential note topics to Notes Editor

• Individual meeting with Notes Editor to discuss topics

• Individual meeting with faculty member to discuss topics


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• Select topic

• Preemption Check, and adjust topic accordingly

• Begin researching, create preliminary outline

• Extended Outline (all research should be completed at this point)

o Outline should be comprehensive, and clearly lay out the argument of the note, the sources to be cited, and portray accurately the intended organization of the note

• Partial First Draft

o A partial draft of publication quality with proper editing, grammar and Bluebook citations

o The partial draft shall meet a minimum assigned page length

• Complete First Draft

o A draft of publication quality with proper editing, grammar and Bluebook citations

o The draft shall be 45 pages, contain approximately 2,000 to 6,000 words in the footnotes, and contain at least 150 footnotes.

o The draft shall be double-spaced (text and footnotes) in 12 point Courier New font.

• Individual meetings with Notes Editors to discuss draft

• Publication and Source Submission

Note writers will be given additional information regarding the competition for publication closer to the deadline for the final draft. If a note is chosen for publication, the Managing Editor, the Faculty Advisor and the corresponding Articles Editor will read the note and make suggestions for improving it. The author must consider the suggestions and resubmit the paper. Offers for publication may be made conditional on certain changes being made by the note author.

4. Copyright

BLR has the right of first refusal to publish all notes submitted by staff members. No staff member may grant an exclusive copyright to anyone other than BLR without the express consent of the Editor-in-Chief and Senior Notes Editor and a written release from BLR.


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Once the Notes Selection committee has selected those notes that it will publish (as well as alternates), staff members not selected for publication are encouraged to seek publication from other scholarly journals. Notes selected as alternates for publication shall not seek publication elsewhere until the current BLR volume content has been finalized. If a note author has designated his or her note to not be considered for publication by the Notes Selection Committee, that author may not seek out publication in other journals until the Notes Selection Committee has made its selection for the current volume.

Inquiries regarding copyright and note publication outside of BLR should be directed to the Editor-in-Chief and Senior Notes Editor.

5. Plagiarism

BLR staff members are subject to the William & Mary Honor Code. Any member found to have plagiarized the work of another will be subject to the disciplinary proceedings of BLR in addition to any Honor Code violation proceedings brought by the Honor Council. BLR suggests that if you are at all uncertain about a certain action, contact BLR or an Honor Council member prior to conducting the action.

William & Mary Honor Code §2(2):

Plagiarism occurs when a student, with intent to deceive or with reckless disregard for proper scholarly procedures, presents any information, ideas, or phrasing of another as if they were his or her own and does not give appropriate credit to the original source. Proper scholarly procedures require that all quoted material be identified by quotation marks, or indentation on the page, and the source of information and ideas, if from another, must be identified and be attributed to that source. Students are responsible for learning proper scholarly procedure. While any amount of improperly unattributed material may be sufficient to find plagiarism, a student may be presumed to have acted with intent to deceive or with reckless disregard for proper scholarly procedures when a significant amount of improperly attributed material is presented as if it were the student’s own work. In the absence of proof of the accused’s intent, the hearing panel shall determine whether the amount of improperly attributed material is so significant that intent may be presumed.

C. CITE-CHECKING AND EDITING

Staff members are required to assist in the initial stages of manuscript publication by cite-checking manuscripts to correct substantive, grammatical, and Bluebook errors while retaining the style and tone of the author. In particular, the cite-checker must verify every quotation in the text and footnotes. The cite-checker is responsible for ensuring all citations are in proper Bluebook format, editing the textual footnotes, ensuring that all statements that need citations are footnoted, that pinpoint citations (pin cites) are supplied, that all cases are Shepardized/KeyCited, and that a problem sheet is completed detailing any unresolved issues or uncommon changes the cite-checker made pursuant to the Bluebook.

If possible, staff members will be given at least one full week, including a weekend, to complete each cite-checking assignment. Extensions of the time allotted are rare and generally require extenuating circumstances. All requests for extension should be taken up promptly with the


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Managing Editor. Appeals of the Managing Editor’s decision may be taken up with the Editor-in-Chief, but the decision of the Editor-in-Chief is final.

Either an Articles Editor or a Notes Editor will review the cite-checker’s work and resolve the cite-checker’s problem sheet. If arguments or sections are not well developed or are incomplete, the cite-checker, Articles Editor or Notes Editor shall consult the sources cited and supply the missing material.

After the staff members and Articles Editor or Notes Editor have completed the substantive verification, the Senior Articles Editor or Senior Notes Editor shall edit the manuscript, making organizational, substantive, grammatical, and citation changes as needed while retaining the style and tone of the author. The Editor-in-Chief, Managing Editor, Executive Editor, and Executive Articles Editor complete the final manuscript edit, checking for correctness and continuity of Bluebook form, grammar, and style.

To meet printing deadlines for each Issue, timeliness is essential. An important part of all staff members’ responsibilities is to complete their work by the stated deadline. Submitting late or incomplete work may result in disciplinary action.

D. DUES

Each member of the William & Mary Business Law Review is required to pay an $100.00 lifetime membership fee. These funds support the operations of BLR. If a staff member is suffering serious financial hardship, they should contact the Executive Editor immediately to discuss the possibility of a special financial arrangement. Any funds remaining at the end of the year shall be used to satisfy the following year’s operation expenses. Membership dues shall be deposited in the same account as general funds of BLR.

William & Mary Business Law Review Academic Credit Policy

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IV. ACADEMIC CREDIT POLICY

BLR provides one pass/fail credit hour for each semester of a single-journal member’s first year serving with the journal. Dual journal members will receive their note writing credit only in the year they complete the note for BLR.

The academic credit is an earned credit, just as in a standard class. Each member must complete all journal requirements before that member can receive a “Pass” for credit.

BLR reserves the right to give high and low pass grades at the discretion of the EIC and the Executive Board. BLR will not give a low pass without first consulting with the Faculty Advisor.

Staff members will receive academic credit as follows for their work on BLR. Currently, there is no additional academic credit awarded to Layout Editors beyond those awarded to 2L staff members, but participation as a Layout Editor is taken into account during the Editorial Board Selection Process in the spring of a staff member’s 2L year.

• EIC and ME: 3 credits in the fall, 3 credits in the spring

• EE and EAE: 3 credits in the fall, 2 credits in the spring

• SNE and SAE: 2 credits in the fall, 1 credit in the spring

• NEs and AEs: 1 credit in the fall, 1 credit in the spring 2L Staff Members: 1 credit in the fall, 1 credit in the spring

William & Mary Business Law Review Organization

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V. ORGANIZATION

BLR is a student-run organization. The Editorial Board manages BLR and is organized according to title and function. The Editorial Board currently consists of the following positions: Editor-in-Chief, Managing Editor, Executive Editor, Executive Articles Editor, Senior Notes Editor, Senior Articles Editor, five Articles Editors, three Notes Editors, and two Layout Editors. Other editorial positions may be created or eliminated at the discretion of the Editorial Board to achieve the goals of BLR. The Executive Board is a subset of the Editorial Board, which is comprised of the Editor-in-Chief, Managing Editor, Executive Editor, Executive Articles Editor, Senior Articles Editor, and Senior Notes Editor.

A. EXECUTIVE BOARD

The Executive Board is comprised of the Editor-in-Chief, Managing Editor, Executive Editor, Executive Articles Editor, Senior Articles Editor, and the Senior Notes Editor. The Executive Board is responsible for administering BLR’s policies and managing the writing, soliciting, editing, and printing phases of publication.

1. Editor-in-Chief

The Editor-in-Chief (EIC) oversees the management of BLR and, with the advice of the Executive Board, determines the policies and procedures of BLR. The EIC consults with the Dean, the Faculty Advisor, and BLR staff members to improve the operation of BLR and to plan for future volumes. The EIC is responsible for resolving administrative issues, conferring with the Dean and Faculty Advisor, updating staff members on the status of each issue, overseeing the timely progress of article publication, and making final edits to the manuscripts before publication. The EIC ensures that the content of BLR is consistent with the publication’s stated mission and holds final responsibility for the content of the publication and actions of the staff with regard to the operation of the publication. The EIC participates in the solicitation of manuscripts and holds editorial meetings as necessary to ensure proper operation of BLR. The EIC maintains a list of BLR members, submitting recommended grades and reporting major infractions to the Faculty Advisor each semester. The EIC, in conjunction with the EE, drafts a budget, prepares supply requests, and handles the general financial matters of BLR. The EIC assists the EE with BLR’s participation in the Joint Journal Competition. The EIC meets with the Faculty Advisor to provide information about the proposed composition and publication schedule of the current volume. Finally, the EIC represents the publication before the faculty, the student body, and the public at large.

2. Managing Editor

The Managing Editor (ME) is responsible for the overall administration of the publication process for the volume. The ME develops a publication schedule, sets publication deadlines and ensures they are followed, informs the SAE when articles for each issue must be ready for the editing process, and assigns manuscripts to Senior Articles Editor, Articles Editors, Notes Editors, and staff members. The ME also assigns team reads to staff and editing


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assignments to the Editorial Board members. The ME ensures that the particular tasks assigned to the editors are roughly equal among them and must document these assignments in BLR files. The ME is responsible for final corrections and approval on all manuscripts before publication. The ME maintains the records regarding copyright authorizations and requests. The ME notifies staff members against whom disciplinary action is necessary and assists the MC in maintaining official records regarding violations. The ME trains cite-checkers on cite-checking procedures. The ME also is responsible for updating the BLR manual each summer as needed.

3. Executive Editor

The Executive Editor (EE) participates in various stages of the editing process, serves on the Joint Journal Competition Committee with the EIC, directs the Editorial Board competition, and handles all financial transactions for BLR. The EE coordinates staff participation in the kerning process and ensures timely completion of that process according to the publication schedule. The EE is responsible for preparing and administering the Editorial Board competition in the spring of the EE’s third year. The EE communicates with subscription companies and individual subscribers, maintains a subscriber database, and solicits subscriptions. The EE also manages all communications with alumni. The EE generates invoices for billing and follows up on delinquent accounts. Together with the EIC, the EE drafts the budget, collects dues, and generally handles the business of BLR. The EE shall adopt the duties of the MC, if the position is vacant.

4. Executive Articles Editor

The Executive Articles Editor (EAE) manages and coordinates the Articles review process and chairs the Articles Selection Committee. The EAE oversees the solicitation and review of professional Articles, coordinates symposia and professional lectures, communicates with professional authors during the review process, and ensures that the authors return copyright and reprint order forms to the ME. The EAE may also consult with faculty members regarding solicited and unsolicited Articles. The EAE will serve as an editor for two professional Articles in each issue.

5. Senior Notes Editor

The Senior Notes Editor (SNE) implements the note writing program along with the Notes Editors and is primarily responsible for developing and approving topics (including preemption checks), assigning Notes Editors, overseeing the timely completion of student notes, and reviewing Notes Editor comments on student notes. The SNE serves as a note mentor for a group of note writers, and as an editor for the published notes. The SNE chairs the student Notes Selection Committee and coordinates the process of reviewing notes for publication. The SNE maintains a list of the names of student writers and due dates for the outlines, rough drafts, and final papers and distributes the notes among the Notes Editors. The SNE, after consultation with the Notes Editor, will notify the ME of any student writers who fail to keep due dates or satisfactorily complete assignments.


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6. Senior Articles Editor

The Senior Articles Editor (SAE) participates in the Article selection process and in the grading process for JJC. The SAE serves as lead editor for several professional Articles, as determined by the ME.

B. EDITORIAL BOARD

1. Articles Editors

The five Articles Editors (AEs) act as “team captains” assigned to an edit team and work with their assigned SAE to prepare at least one Article per issue for publication. They work directly with the staff members on their teams to ensure that Articles are properly cite-checked. The AE supervises the activities of the team, manages the shelf materials for their Articles, and edits Articles. The AE must actively communicate with his or her SAE throughout the editing process.

2. Notes Editors

The three Notes Editors (NEs) facilitate note development, writing, and the publication process. Each NE will serve as an editor for note writers, and is expected to review each task completed by the assigned note writers in detail and give substantive comments in order to help the note writer produce a note of publishable quality. As part of this effort, each NE is expected to read primary authorities used by the note writers and assist them in locating additional sources when needed.

3. Layout Editors

The two Layout Editors (LEs) are generally first year members of the journal and are responsible for formatting the manuscripts at each stage of the publication process. The LEs put the manuscripts into the proper formats for the team reads and Author Reviews. The LEs maintain contact with the ME during all stages of the publication process and may be called upon to assist with Executive Edits, as determined by the Executive Board.

4. Membership Coordinator

The EIC may elect to designate a Membership Coordinator (MC) depending on the needs of BLR in any given year. The MC is responsible for creating and maintaining membership records and for organizing the orientation program for new staff prior to the start of the first cite check. The MC schedules Westlaw and Lexis training and Library training and tours. The MC also collects membership dues and provides them to the EE. When no MC is selected, the duties of the MC shall be adopted by the EIC and the EE.


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C. EDITORIAL BOARD COMMITTEES

BLR maintains two permanent committees for the purpose of reviewing and selecting original works for publication: the Articles Selection Committee and the Notes Selection Committee.

1. Articles Selection Committee

The Articles Selection Committee reviews Articles and essays submitted by professional authors and decides whether to extend offers of publication. The EAE chairs the Articles Selection Committee. The outgoing Articles Selection Committee shall continue reviewing Articles throughout the spring as Articles are being submitted. The Articles Selection Committee shall extend offers to authors where the committee deems appropriate so as to ensure a robust selection of Articles for the following year, if possible. Moreover, BLR should not miss out on the opportunity to publish quality Articles because of changes in leadership. To this end, the outgoing Articles Selection Committee shall make reasonable efforts to ensure a timely and thorough review of all submissions until the incoming Articles Selection Committee is in place.

The Articles Selection Committee shall consider the following factors in determining whether to extend an offer for publication to the author of an Article: professional/educational background of the author, number of citations that the author has for works already published, likelihood that this Article will generate future citations, how “business related” a topic is, how interesting/timely/novel the topic is, the layout/organization of the Article, overall writing quality, whether the Article has been preempted, whether this Article is in the author’s area of expertise or on an ancillary matter, length of the Article in the broader picture of other Articles selected, difficulty level of obtaining the sources for cite checks, and other criteria as deemed appropriate by the committee.

The first Articles Selection Meeting held by the incoming Articles Selection shall be a joint meeting of the outgoing and incoming committees. Not only will Article selection be discussed in this meeting as usual, but the outgoing committee will explain the thought process that they undertake in order to evaluate and make decisions regarding Article submissions.

2. Notes Selection Committee

The Notes Selection Committee reviews student notes and selects those BLR will publish. The Notes Selection Committee is chaired by the SNE. Notes will be evaluated against the following criteria: note structure, argument effectiveness, writing quality, Bluebooking, relevance, and other criteria as deemed relevant by the committee.

D. STAFF

The staff of the journal will consist of 2Ls and 3Ls who are responsible for cite-checking manuscripts and producing a student note of publishable quality. Staff members participate in team


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reads and page proofs. Staff members will also be required to attend training sessions and staff meetings, as well as perform other administrative tasks as necessary.

E. FACULTY ADVISOR

Professor Darian Ibrahim is currently serving as the second Faculty Advisor of BLR. The Faculty Advisor oversees the management of BLR, reports to the faculty concerning BLR activities, makes recommendations for improvement of BLR operations, and serves as a liaison between BLR and the faculty.

William & Mary Business Law Review Editorial Board Selection

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VI. EDITORIAL BOARD SELECTION

The BLR Editorial Board shall be appointed annually by members of the outgoing Executive Board. Applicants shall submit an application along with a statement of interest. Interviews shall be conducted by the current members of the Executive Board. Each new editor shall be approved by a majority vote of all members eligible to vote. Outgoing third-year Executive Board members are entitled to one vote each. The selection process shall be completed by February 15th of each year.

In making its decisions, the outgoing Editorial Board will consider, among other factors: (i) the quality of each applicant’s application; (ii) the applicant’s record, which includes his or her prior work with BLR such as editing and writing skills; (iii) any prior experience the applicant may have for the position(s) for which he or she is applying; (iv) the applicant’s leadership ability and ability to work well with others; and (v) the applicant’s professionalism. An applicant’s participation and interest in BLR will also be considered. At no point will race, national origin, gender, sexual orientation, or religious belief be made a basis of the decision.

William & Mary Business Law Review Decision Making Policy

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VII. DECISION MAKING POLICY

A. POLICY

The BLR Executive Board shall meet regularly and make all relevant decisions concerning the policies of BLR, the budget, and the publication process, as well as any other matter that affects BLR.

B. PROCEDURES

Decisions of the Executive Boards shall be made by complete consensus. If no unanimous consensus is reached in a given decision, that decision shall be made by majority. All six members of the executive board must vote. If a majority decision cannot be reached, the EIC shall have final authority to decide among the proposed options. No vote is final until all members of the Executive Board have been given an opportunity for input and to vote.

William & Mary Business Law Review Disciplinary Policy

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VIII. DISCIPLINARY POLICY

A. DISCIPLINARY GUIDELINES

Failure of a member to fulfill his or her BLR obligations will result in disciplinary action.

B. NOTE DUTIES

The NEs will notify the SNE when a staff member fails to meet a note deadline or complete assignments satisfactorily. The SNE will advise the ME as warranted. Failure to meet the final note requirement will result in immediate disciplinary proceedings, as it will constitute a major infraction and/or result in a recommendation for an “F” with regard to academic credit.

Each spring, upon completion of all of the student notes, the Executive Board, excluding any member who has reason to know the author of a student note, will meet to conduct a blind review of all submissions. The bottom five student notes will be sent to the Faculty Advisor. The Faculty Advisor will review these notes to determine if academic credit should be awarded to the authors.

C. EDITORIAL DUTIES

The Editorial Board member in charge of each cite-checking team will notify the ME when a team member has failed to meet his or her assigned deadline or other duty. The ME will take appropriate action to remedy the delinquency or inability to fulfill a duty. If a cite check is not turned into the Editorial Board member in charge of the specific cite check, this will result in immediate disciplinary action. It is important to note that failure to complete and turn in a cite check will delay the entire editing process and is a major infraction.

D. DISCIPLINARY PROCESS FOR MINOR INFRACTIONS

The disciplinary process for all staff members, except the EIC, will follow one of two different procedures depending on whether the infraction is major or minor. The difference between a minor infraction and a major infraction is necessarily subjective (though failure to turn in one’s final note or a completed cite check will constitute a major infraction).

Examples of minor infractions include missing deadlines for student notes, failing to meet deadlines for editing duties, consciously neglecting procedures, or submitting grossly insufficient work. In the case of minor infractions, the following disciplinary procedure is followed:

1. First Infraction

Whenever the EE (or the EIC in case of an infraction by the EE) receives a report from an Editorial Board member that any member has failed to meet a deadline or satisfactorily complete an assignment, or has committed another similar infraction, the EE will issue a warning letter and will place the member on probation. Probation includes increased


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monitoring and regular meetings with Editorial Board members to identify weaknesses and attempt to prevent any further infractions.

2. Second Infraction

Upon notification of a member’s second infraction, the EIC may issue a second warning letter. Once a second warning letter is issued, the EIC will immediately meet with that member to discuss the member’s failure to fulfill his or her obligation. Once a second letter is issued, the member will continue to be on probation and will have additional responsibilities given to them by the EIC (or anyone else the EIC designates) and failure to complete these additional responsibilities will constitute a third infraction. These additional responsibilities are a way to connect the infracting member with BLR in the hope that no further infractions will occur.

3. Third Infraction

The consequence of a third failure shall be a full Executive Board hearing to review the quality of that member’s performance. The member shall have the right to submit a written explanation to the Executive Board at least one week prior to the hearing and to appear at the hearing and explain his or her conduct.

In rendering a decision, the Executive Board shall consider, among other factors:

• the nature of the violations;

• any justifications for the violations;

• the nature of the notice given the member apprising the student of the assignment;

• the length of time between the violations. As violations shall carry over from year to year, short intervals between violations may be regarded as more serious than long ones (specifically, consecutive infractions of the same kind or infractions which occur during the same editing period will be treated the most harshly); and

• the consequence of the violation with regard to the overall success of BLR.

A member may be removed from BLR and refused academic credit following the third infraction, subject to a vote in favor of removal by two-thirds of the present members of the Executive Board. The Faculty Advisor shall be notified in the event that the Executive Board votes for removal. A member of the Journal staff who has been dismissed is ineligible for further membership on the Journal at any time; the former staff member must remove all references to the Journal from his or her résumé.

E. DISCIPLINARY PROCESS FOR MAJOR INFRACTIONS

Major infractions include, but are not limited to: refusing to perform assigned editing duties without sufficient cause, failure to turn in a completed cite check on time (without prior approval),


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plagiarizing or cheating on the write-on competition, student note, or editorial board competition, and failure to turn in a final note which meets the requirements of BLR.

If a staff member commits a major infraction, the Executive Board will meet (for a disciplinary proceeding) and in its discretion, may take any action warranted, including expelling the member from BLR, initiating Honor Council proceedings, and/or denying the member academic credit. The Executive Board must come to a consensus as to the warranted action (a consensus constitutes a two-thirds majority of present members). The EIC shall submit a written recommendation of the appropriate action to the Faculty Advisor. If the Executive Board recommends that the member remain on BLR, the Executive Board shall determine the status of the member within the disciplinary system.

F. DISCIPLINARY PROCEEDINGS

If a disciplinary matter could be subject to both the Honor Council and BLR disciplinary proceedings, the Honor Council proceedings shall be completed before formal BLR proceedings are undertaken. BLR obligations are considered separate from Honor Council violations; however, all staff members, as students, are subject to the Honor Code.

Upon completion of any Honor Council proceedings, BLR will institute disciplinary proceedings in accordance with the other provisions of this section. BLR may institute formal disciplinary proceedings regardless of the Honor Council’s determination and may consider the judgment of the Honor Council, but is not bound by Honor Council findings and may institute its own disciplinary action.

No member of BLR shall be removed or resign without a full meeting of the Executive Board to evaluate all relevant circumstances. This means no editor may make a unilateral decision either to remove a staff member or to accept his or her resignation. Only members of the Executive Board may attend the full meeting, with the exception of the relevant editor whose opinions will be persuasive to but not binding on the Executive Board. The individual who is the subject of the disciplinary action may make a statement at this meeting but may only be present to make this statement and answer any questions the Executive Board might have; the individual may not be present for any discussions or for the statements of any other individual.

G. SPECIAL DISCIPLINARY PROCEEDINGS FOR EIC

The EIC shall be disciplined for failing to fulfill duties assigned by this Staff Manual, or other assigned duties as they may arise, for violating the canons of responsible journalism, or for misappropriating BLR funds for personal use as well as non-personal use that are not for the immediate and obvious benefit of BLR. For small infractions, the ME or the EE may verbally counsel the EIC and document the problems in his or her file. Upon the motion of three members of the Board, a letter of censure shall be written to the EIC by the ME informing him or her of the violation.

Only after a censure letter may the EIC be further disciplined through removal from his or her position. Upon the issuance of a censure letter, the removal process of the EIC may begin. Removal of the EIC should be undertaken by the Board only after careful thought and discussion, and


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whenever possible, only after diligently pursuing less drastic means of solving the problem. If a censure letter is issued to the EIC, he or she shall immediately cease all duties that were within his or her official capacity, and the EE shall take over these responsibilities until the Editorial Board decides on further action.

After a censure letter is issued, the ME is responsible for calling and holding a full meeting of Editorial Board members, to be referred to as the Convening Board. This Convening Board, under the direction of the ME, shall discuss the EIC’s actions and the overall complaint. During this meeting, the accused EIC may make a statement; however, he or she may not be present during any of the Convening Board’s discussion or deliberation. After the Convening Board discusses the infraction and the consequences of any action, the Convening Board will vote by secret ballot and may remove the EIC by a two-thirds majority vote. The outcome of this vote will constitute BLR’s final actions on the matter. If removed, the EIC will no longer be a member of the Editorial Board. The EIC may remain on BLR’s staff unless removed, at the Board’s discretion, according to the above member discipline procedures. The removed EIC may appeal the matter to the BLR Faculty Advisor on the grounds of an arbitrary removal, but the Faculty Advisor should not overturn the Convening Board’s decision unless they have clearly erred in their decision to remove the EIC.

Convening Board meetings should be set at a time when all members on the Convening Board are available. If a member is not available, he or she should recuse him or herself from the Convening Board. Once a meeting time and date have been set, it is a disciplinary infraction for a member of the Convening Board to miss the meeting. The absent member will immediately lose any right to serve on the Convening Board and further disciplinary action may be taken.

Upon removal of the EIC, the current ME shall take over BLR’s direct leadership responsibilities, performing all of his or her ME duties as well as those of the EIC. Although the Convening Board may not elect a new EIC, a new ME may be elected by two-thirds vote. If a new ME is not elected, the EAE shall assist the EIC/ME.

William & Mary Business Law Review Amendments to the Staff Manual

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IX. AMENDMENTS TO THE STAFF MANUAL

The BLR Staff Manual is intended to be a living document. The Staff Manual should be amended to serve the needs of BLR in the best manner possible, and should be reexamined and revised on a yearly basis by the incoming Executive Board prior to orientation. The Executive Board has full discretion to amend the Staff Manual, and the Managing Editor is ultimately responsible for making these changes on a yearly basis.

William & Mary Business Law Review Publication Process Overview

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X. PUBLICATION PROCESS OVERVIEW

A. MANUSCRIPT PHASE

Professional Articles for each issue should be selected far enough in advance of the beginning production date to enable the ME to obtain a copyright release from the author and the author’s reprinting order. Student notes for each issue should be selected far enough in advance of the beginning of production to enable the writer to make any necessary updates or revisions to the note. The ME assigns each manuscript to an edit team and provides the production schedules. Each Article edit team is composed of one SAE, one Articles Editor, and staff cite-checkers. Each note edit team is composed of the SNE, one Notes Editor, and staff cite-checkers. All edits during the Manuscript Phase, including cite-checking, editing, team reading, and executive editing should be made according to the “paperless cite check process” as described below.

The editors and cite-checkers work together to ensure that the manuscript is substantively correct. The cite-checking process identifies major problems including plagiarism, misquotes, missing footnotes, and missing sources. Following the initial cite check, the SAE/SNE edits the manuscript, making stylistic, organizational, substantive, grammatical, and citation changes as needed. In making these changes, the editor should retain the author’s style and tone. The editing process includes time to make final decisions on areas of conflict and to ensure that all changes are marked clearly on one copy of the manuscript.

After all of the changes are incorporated into a new, clean version of the manuscript, the ME will reassign the manuscript for team reading. Team reading ensures that the updated manuscript follows the edited original verbatim. Team readers are also responsible for fixing cross-references in the footnotes (supras and infras) and shall document errors that were missed in the previous edits.

Following the team read, the manuscript is submitted for the executive edit, review, and Bluebook checking—if it is an Article, it goes to the EIC, ME, EE, and EAE, and if it is a Note, it goes to the SNE. The EAE or SNE sends the manuscript to the author in redline form with a letter explaining the edits made as well as suggestions for substantive changes. The author reviews the manuscript and returns it with any changes. The manuscript’s senior editor will then review the manuscript and resolve any outstanding discrepancies. If any further changes are required, the EAE or SAE shall review the retyped manuscript to ensure that the additional changes are accurately incorporated.

B. TEAM READ

After the SAE or SNE edits the manuscript, the LEs shall prep the manuscript for the team read. This requires the LEs to convert the manuscript from cite-checking form to publication form. The ME will then distribute the manuscript to staff members for the team read.

C. EXECUTIVE EDIT #1

Once the team read is complete, the ME will collect from each staff member their edits and Problem Sheet. The EIC, ME, EE, EAE, SAE, and LEs will then review the team read changes and Problem Sheet and edit the manuscript.

William & Mary Business Law Review Publication Process Overview

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D. AUTHOR REVIEW #1

After the team read and Executive Edit #1 are made to the manuscript, the ME will collect the manuscript for Author Review #1. Author Review of each manuscript is emailed to the author for final review. After the author returns his or her copy, the Article’s senior editor shall do a final review of the manuscript.

E. EXECUTIVE EDIT #2

After Author Review #1 is complete and the manuscript is returned to the EAE or SNE with the author’s changes, the EIC, ME, EE, EAE, SAE, and LEs will review the author’s changes and edit the manuscript. This is the major substantive edit completed by the Executive board. During this time, the LEs may be assigned to review the manuscript to ensure proper publication format.

F. AUTHOR REVIEW #2

After Executive Edit #2 is complete, the manuscript is returned to the author with Executive board changes specified by Track Changes.

G. FINAL EXECUTIVE EDIT

After Author Review #2 is complete and the manuscript is returned to the EAE or SNE, the EIC, ME, EE, EAE and LEs will review the author’s changes and make any last-minute edits. This is the final time journal staff will review the Article. The LEs may be assigned to review the manuscript to ensure proper publication format.

H. FINAL PUBLICATION STEPS

Once the Final Executive Edit is complete, the ME submits the manuscript to the journal’s administrative support staff for kerning. The LEs aid in the kerning process. The LEs also create the cover and the “i” pages (pages up to and including the Table of Contents).

The finished manuscripts are submitted to the printer. The printer returns proofs as Bluelines. The Executive board reviews the Bluelines and returns them to the printer with any final changes.

I. BOOK AND MAILING PHASE

After the final Bluelines have been corrected and returned to the printer, the issue goes to press. The printer mails subscriptions and reprint orders directly. To facilitate subscription and reprint mailings, these orders should be submitted to the printer no later than the Bluelines. The EE shall be responsible for distributing advance copies to the Dean and Faculty Advisor. When the full shipment arrives, the EE distributes copies to the faculty lounges. Free copies will be made available in the law school lobby and library for William & Mary students.

William & Mary Business Law Review Publication Process in Detail

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XI. PUBLICATION PROCESS IN DETAIL

A. MANUSCRIPT PHASE

1. General • Purpose: The cite check is the first step in the editing process and is critical to the

success of BLR.

• Communication: Communication is important in the process. The cite-checker should alert their AE/NE if any major problems arise during the process.

• Completion: A cite check is not complete until it is deemed acceptable by the AE/NE. At any time a cite check can be returned to the cite-checker if the AE/NE deems that it is incomplete or poorly done.

2. Prepare for Cite Check

• The LEs give the ME the manuscripts.

• The ME makes a PDF of each manuscript and uploads it to Dropbox.

• The ME informs the Law Library circulation/ILL staff, as well as the BLR editors and staff, of the cite check, editorial, and shelf assignments.

• EAE/SAE, SNE sends out initial author letter, and shall inform the ME when this is done.

• AE/NE will be required to mark all add cites on the manuscripts and create a source list to be distributed with the cite check.

3. Cite Check Process

a. General

Because BLR uses a paperless format, we do not pay for printing or copying done by staff members. A cite-checker is only required to scan documents and send them to their school email address. If there is a need for journal-related print functions, please talk to the EIC or ME.

b. Sources Correctly Support Article

Cite-checkers must personally verify that each source adequately supports the proposition in the text. This may involve changing or adding a pin cite to the correct page of a document or changing or adding a signal.


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Cite-checkers must note the portion of the source that supports the proposition in the text by highlighting it in the PDF.

c. Signals Must Match the Use of the Citation

Refer to the Bluebook. Remember that quoted material does not use a signal.

d. All References to Statutes Are Current and Correct

Always refer to the printed version. Remember that quoted material does not use a signal.

4. AE/NE Edit

The focus is on (1) rechecking the citations in the entire manuscript to ensure accuracy; (2) rechecking the quotations; (3) checking the parenthetical explanations and footnotes added by the cite-checkers; (4) rechecking the footnotes for proper Bluebook format; and (5) answering cite-checker Problem Sheets. RETAIN THE STYLE AND TONE OF THE AUTHOR. EDITS SHOULD BE IN TRACK CHANGES.

If any sources do not appear to support the proposition for which they are used, notify the EAE/SAE or SNE of the Article about the changes you have made (or approved from the cite-checkers) and the reasons why. The EAE/SAE or SNE will have to explain those changes to the author.

The AE/NE shall review the Problem Sheet, and make sure major problems have been resolved appropriately.

The AE/NE shall complete staff member evaluations before performing the technical edit, so that the cite-checkers’ performances are fresh in his or her mind. For each category, the AE/NE should try to award a relatively equal number of “good” and “average” ratings for the remainder of the cite check group. The AE/NE may designate a grade of “poor” or “excellent” when deemed appropriate. The AE/NE shall complete the “Final Comments” section, as well as the individual “Suggestions” sections. At the end of the AE/NE Edit, one copy of the evaluation should be emailed to the SNE (who will maintain up-to-date membership files), and a second copy should be emailed to the cite-checker. If any staff member in the cite-checking group had a relatively easy or difficult cite check, the AE/NE should notify the ME.

The AE/NE performs an edit of the manuscript, reviewing (1) capitalization; (2) spelling; (3) hyphenation; (4) punctuation; (5) consistency of terms and formats; (6) grammar; (7) syntax; and (8) citations.

The AE/NE should suggest “substantive edits” to the senior or executive editor of the manuscript in the margins of the text by using the comment feature in track changes. This involves evaluating the organization of the manuscript. Is it repetitive? Could it be tightened? Does it need support? Does it rely too much on quotations? Does it include


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appropriate topic sentences and conclusions? Does it need any additional discussion? Do transitions work? Is the manuscript consistent?

All AE edits shall be in GREEN, using track changes.

5. EAE/SAE, SNE Edit

The focus is on the text and substance of the manuscript, i.e., making sure that it accomplishes what it sets out to accomplish. EDITS SHOULD BE IN TRACK CHANGES.

The editor performs a second “technical edit” of the manuscript, reviewing (1) capitalization; (2) spelling; (3) hyphenation; (4) punctuation; (5) consistency of terms and formats; (6) grammar; (7) syntax; and (8) citations. Look for obscure Bluebook rules.

Editors should be prepared to suggest “substantive edits” to the author. This involves evaluating the organization of the manuscript. Is it repetitive? Could it be tightened? Does it need support? Does it rely too much on quotations? Does it include appropriate topic sentences and conclusions? Does it need any additional discussion? Do transitions work? Is the manuscript consistent? The editors also should consider any suggestions the AE/NE has made. ALWAYS RETAIN THE STYLE AND TONE OF THE AUTHOR.,

In professional Articles, err on the side of making fewer changes to the text and style. If EAE/SAE feel that significant stylistic changes are warranted, they should suggest such changes in comments (rather than in track changes), and the Executive Board will determine whether those comments will be relayed to the author. Do not alter the author’s introductory (*) footnote except for technical errors. The author may ask the lead editor to justify changes that have been made; with this in mind, indicate or at least know the Bluebook or Chicago Manual of Style explanation for each change.

Editors shall review the Problem Sheet, and look at major problems to make sure they have been resolved appropriately. Editors should prepare a separate problem sheet for the Executive Edit.

Editors are encouraged to record all substantive changes made, in order to more easily answer the author’s questions down the road. Following the Executive Edit, the lead editor shall send a letter to the author explaining the major substantive changes, as well as any significant concerns or suggestions he or she may have.

6. ELs Prepare Manuscript for Team Read

The LEs enter all the changes made by the cite-checkers, AE or NE and the SAE or EAE or SNE.

The LEs print out a clean copy and provide it, along with the “dirty” (edited) copy, to the ME to be divided for team read.


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7. Team Read

The ME shall divide and distribute the original and edited manuscript to the team readers, as well as a memo detailing all assignments. The ME shall upload PDF copies of all manuscripts to Dropbox.

Staff members work in teams of two to review and compare the edited manuscript with the original copy. The focus is on ensuring that all edits are accurately reflected in the clean copy.

One person shall read aloud both the main text and all footnotes in the clean copy, including reading aloud all punctuations marks and other symbols (e.g., “semicolon,” “double quotation mark,” or “section symbol.”) The other person shall follow along on the original copy.

EDITS SHOULD BE IN TRACK CHANGES. Also attach a separate list of all page numbers containing edits.

In addition to finding edits that were inadvertently or incorrectly incorporated into the clean copy, team readers should note incorrct supra and infra references. Team readers also should correct citations and other problem areas to reflect correct Bluebook format.

Team readers should not edit the main text even if it is grammatically incorrect or does not comply with the Chicago Manual of Style or with BLR conventions. Such changes should be noted on the problem sheet.

Team readers should submit their completed assignment to the EIC, ME, EE, or SNE as indicated in their assignment memo.

8. Executive Edit

The focus is on the text and substance of the manuscript, i.e., making sure that it accomplishes what it sets out to accomplish. EDITS SHOULD BE IN TRACK CHANGES.

The EIC, ME, EE and EAE review the Articles and notes. The LEs and SNE may be incorporated into the executive editing process as well.

Editors should perform a second, line-by-line “technical edit” of the manuscript, reviewing (1) capitalization; (2) spelling; (3) hyphenation; (4) punctuation; (5) consistency of terms and formats; (6) grammar; (7) syntax; and (8) citations. Look for obscure Bluebook rules. BUT RETAIN THE STYLE AND TONE OF THE AUTHOR.

Editors should suggest “substantive edits” to the author by reporting them to the EAE/SAE editor. This involves evaluating the organization of the manuscript. Is it repetitive? Could it be tightened? Does it need support? Does it rely too much on quotations? Does it include appropriate topic sentences and conclusions? Does it need any additional discussion? Do transitions work? Is the manuscript consistent? The editors also


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should consider any suggestions the EAE/SAE editor has made. It may be necessary to review the original edits.

Look for issues that need to be consistent throughout the entire volume. Report these problem areas to the EAE/SAE. In general, err on the side of making fewer changes to the text and style (especially in professional Articles). Do not alter the author’s introductory (*) footnote except for technical errors.

9. LEs Prepare Manuscript for 1st Author Review; EAE/SAE, SNE Prepares First Memo

During this stage, the EAE/SAE, SNE shall consolidate the suggestions made by all editors and create a first memo to the author explaining those changes. The EAE/SAE shall include (1) “global changes” (necessary changes in text that were made throughout the manuscript for Bluebook or Chicago Manual of Style reasons, or to comply with BLR conventions); (2) “global suggestions” (suggested, but not absolutely necessary, changes in text that were made throughout the manuscript); (3) “specific changes” (necessary changes in text for Bluebook or Chicago Manual of Style reasons, or to comply with BLR conventions); and (4) “specific suggestions” (suggested, but not absolutely necessary, changes in text that were made on a specific page or footnote).

The EAE/SAE also should create a cover letter, which would indicate (1) what the editing has involved; (2) how the edits have been shown; (3) A REMINDER THAT THE AUTHOR SHOULD MAKE ALL SUBSTANTIVE CHANGES DURING THIS REVIEW; and (4) the deadline to return the manuscript and where to send it.

10. Author’s 1st Review

At the beginning of this stage, the EAE/SAE and SNE shall email the author and include the first memo detailing the changes and suggestions, as indicated above. The EAE/SAE/SNE will also attach to the email the author instruction sheet for entering edits. The EAE/SAE/SNE shall CC the ME and EIC.

The author returns the manuscript with acceptance/rejection of changes and any substantive additions to the manuscript.

11. LEs Enter 1st Author Changes

12. EAE/SAE/SNE Reviews 1st Author Changes

This edit period begins with a comparison of the original manuscript returned to BLR with the new version of the manuscript to ensure that all author changes have been entered appropriately.

The EAE/SAE is responsible for cite-checking any added footnotes. The ME may assign senior staff members to assist with cite-checking duties during this stage, if necessary. All new sources should be added to the Source Folder.


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The EAE/SAE/SNE shall review the entire manuscript, making a detailed list for the author of any suggested changes, and raising again any edits the author has rejected that the EAE/SAE/SNE believes needs further consideration. The EAE/SAE/SNE should NOT change these back to the suggested form, but should address the reasons for the suggested changes in a second memo to the author. To these suggestions should later be added any changes suggested during the impending page proofs. In this memo, the lead editor should also indicate that the author will have a final 24-hour review before printing to make sure no egregious mistakes remain.

If the author has indicated that he or she prefers a particular way of spelling, punctuating, or hyphenating a word or phrase throughout the manuscript, the EAE/SAE/SNE should list that “author particular” on a memo that will be made available to editors and senior staff members during the later editing stages. This way they will know not to edit the Article in a way that is against the author’s wishes.

B. EXECUTIVE EDIT #2

1. Executive Edit #2 Purpose

The second Executive Edit is a line-by-line technical edit of the entire manuscript. Edits should be made in track changes. Editors are looking for MISTAKES; some parts of the manuscript will not have been reviewed in the first few edits. If there is an egregious substantive error, note it as a comment. When a change is made, note the Bluebook or Chicago Manual of Style rule in the right margin so that the EAE/SAE/SNE can consult it and explain the change to the author.

Important issues include (1) making sure all citations have proper Bluebook format; (2) checking short form usage (because footnotes change during the editing process, supra/infra and id. usage may no longer be appropriate or may become appropriate); (3) checking suspicious article/case titles, quotes, citation numbers, etc. (using Westlaw/Lexis, PDF, or HeinOnline); (4) spelling errors (especially those that may be missed by spell check, such as “it’s” when it should be “its”); (5) internal citations (e.g., “supra notes xx-xx”); (6) capitalization; and (7) hyphenated words.

2. LEs Prepare Manuscript for 2nd Author Review; EAE/SAE/SNE Prepares Second Memo

The EAE/SAE/SNE should prepare a second memo to the author that indicates (1) what the editing since the first author review has involved; (2) how the edits have been shown; (3) A REMINDER THAT THE AUTHOR SHOULD MAKE ONLY TECHNICAL CHANGES DURING THIS REVIEW; and (4) the deadline to return the manuscript and where to send it. For Articles, the EAE/SAE should also inform the author that he or she will have a final 24-hour review period close to the time it is sent to the printer, for which the author will receive ample notice.

The EAE/SAE/SNE should review the entire manuscript one final time before sending the memo to the author. They should send the memo at the same time the LEs send the


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manuscript to the author. The EAE/SAE/SNE editor should inform the ME when the memo is sent.

3. Author’s 2nd Review

This is the author’s final major technical review of his or her manuscript.

4. Executive Board Reviews 2nd Author Changes

The EAE/SAE/SNE reviews the author’s second changes to ensure that they have been properly entered and formatted. The EAE/SAE/SNE should update the “author particulars” memo for the book proof stage. EDITS SHOULD BE MADE IN TRACK CHANGES.

If the author has indicated that he or she prefers a particular way of spelling, punctuating, or hyphenating a word or phrase throughout the manuscript, the EAE/SAE/SNE should list that “author particular” on a memo that will be made available to editors and senior staff members during the later editing stages. This way they will know not to edit the Article in a way that is against the author’s wishes.

C. FINAL EXECUTIVE EDIT

1. Executive Board Edit

EDITS SHOULD BE MADE IN TRACK CHANGES. The EIC, ME, EE, and EAE conduct a final technical edit of the entire issue. The SNE and LEs may be incorporated for this process. The focus should be on (1) Bluebooking; (2) Internet citations (update all “last visited” parentheticals); (3) spelling errors (especially those that may be missed by spell check, such as “it’s” when it should be “its”); and (4) internal citations (e.g., “supra notes xx-xx”).

ALWAYS note the Bluebook or Chicago Manual of Style rule in the right margin so that EIC/ME can consult it during the consolidation and explain the change to the author. This is ESSENTIAL at this stage.

About a week before the end of the book proof consolidation stage, the ME shall inform the Article authors of the details of the 24-hour review period.

2. LEs Enter Changes

The EIC and ME prepare memos listing any changes or questions of which the author should be made aware. The author has a final 24-hour review of the manuscript, to ensure that no egregious mistakes still remain.


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3. Editorial & Executive Board Kerning

The journal’s administrative support generally handles kerning. However, if he or she is unable to, the ME is in charge of kerning. The Executive Board and LEs take part in this process.

The kerning process is the aesthetic review of the issue, but also serves as the last comprehensive review before sending the issue to the printer. The kerning checklists will direct the kern editor to specific issues that they should be aware of in the kerning process.

In addition to the checklists, the kern editor should carefully review footnotes for Bluebook accuracy. It is the kern editor’s responsibility to double-check any citation that looks to be in error. At this point, only spelling, formatting errors, and consistency revisions should be made to the text of the manuscript (e.g., if the author consistently uses the term “best-interest defense,” a revision should be made if the kerning editor sees “best interest defense” without a hyphen). Any other questions should be noted with a Post-It note and pointed out to the EE or another member of the executive board.

4. Printing and Bluelines

The Printer should send the Bluelines back within a few days, at which point the EIC, ME, and EE complete the Bluelines edit. They review the entire issue one more time, with the opportunity to alter up to ten pages in the issue.

The issue is sent back to the Printer, which will take more time to complete the final printing.

The ME sends the author a final “thank you” letter.

D. MAILING PHASE

After the final version has been corrected and returned to the printer, the issue goes to press. The printer mails subscriptions and reprint orders directly. To facilitate subscription and reprint mailings, these orders should be submitted to the printer no later than the Blueline stage. The EE shall be responsible for distributing advance copies to the Dean and Faculty Advisor. When the full shipment arrives the EE distributes copies to the faculty lounges.

The second issue of each volume should include the standard postal form. The EE shall be responsible for obtaining and completing this form. The final issue shall include the index for the entire volume, which will be created by the EIC, ME, and EE.

William & Mary Business Law Review Editing Guidelines

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XII. EDITING GUIDELINES

The following is by no means an exhaustive list of all the corrections to be made during the cite-checking and editing process. It is merely a guide for editors. The editors working on a manuscript have the privilege and the responsibility of bringing an author’s initial manuscript to its final publication form.

Each BLR staff member editing a manuscript should pay attention to the editorial information included on the following page keeping in mind that the editor’s role is to correct mistakes and help the author communicate his or her thoughts. The editor should look for grammatical mistakes, punctuation mistakes, consistency with use of terms, accuracy with cross-references, and conformity with BLR conventions. At all times, the editor must focus on retaining the style and tone of the author while improving the readability of the manuscript.

Editors provide the authors a fresh look at their manuscripts and can identify places where authors could expand, improve, or clarify their arguments. At the same time, editors should not attempt to rewrite manuscripts according to personal preference alone.

A. TYPEFACE CONVENTIONS

BLR is published in Century Schoolbook typeface. Citations, titles, and headings all have specific formats as explained in the Bluebook. We use three typefaces in citations: ordinary Roman, italics, and SMALL CAPS. These conventions are used in the Bluebook and should be strictly followed. Cite-checkers should be careful to follow these conventions precisely. If you believe the author has made an error in typeface conventions, you should indicate this in track changes.

B. FORMATTING CONVENTIONS

The formatting symbols in this manual control the spacing of titles, headings, and subheadings, so all titles, headings, and subheadings in an unedited manuscript should be placed in Roman type flush with the left margin. The remainder of this section describes the typeface conventions in titles and headings as they should appear after the manuscript has been fully formatted.

Headings in professional articles and student notes are numbered sequentially with Roman numerals, subheadings with capital letters, and sub-subheadings with Arabic numerals. “Introduction” and “Conclusion,” however, are not preceded by Roman numerals.

Titles are set in all large caps, flush with the left margin. Main headings are set in SMALL CAPS and centered over the text. Subheadings are set in italics, flush with the left margin. Sub-subheadings are set in italics with a paragraph indent. Authors’ names in professional articles are set in SMALL

CAPS, centered below the title. Authors’ names in student notes are set in italics, flush right, at the end of the article.

Case names in titles and headings are italicized. Case names in subheadings are set in Roman type. If the case name is the entire heading or sub-heading, however, the typeface remains unaltered from the format explained above.


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Be certain titles and subtitles are consistent. Indicate the typeface with proper marks.

Block quotes should be single-spaced, indented on both sides, and should not have quotation marks in the main text or in textual footnotes.

C. NOTEWORTHY EDITING ITEMS

1. Quotations (Bluebook Rule 5)

a. Alterations in Quotes (Bluebook Rule 5.2)

If a quotation is altered, use brackets to show the alteration. Brackets should not be used exclusively for parenthetical notation within a quote unless to provide necessary clarity or context. For example, if the original reads as follows:

Johnson claimed that the house was on fire when he arrived.

An altered quote may appear as follows:

The court noted “[the Plaintiff] claimed that the house was on fire when he arrived.”

OR

“[The Plaintiff] claimed that the house was on fire when he arrived.”

NOT:

“Johnson [the Plaintiff] claimed that the house was on fire when he arrived.”

b. Omissions/Ellipses (Bluebook Rule 5.3)

It is important to note exactly where the omission comes from when you are leaving a period intact. If language after the end of a quoted sentence is deleted and the sentence is followed by further quotation, place four periods clumped together directly at the end of the first sentence, followed by a space and the remainder of the quoted material. If the omission occurs at the end of a quoted sentence and is followed by further quotation, indicate the omission with a space followed by four periods clumped together. No ellipses are used to indicate omissions after the end of a quoted sentence if no further quotation follows. For example, consider an original that reads as follows:

John looked at his watch and said he was tired. He hated studying, and he needed to go home.

In this case, appropriate ways to indicate an omission are as follows:

John looked at his watch and said .... he needed to go home.


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John ... said .... [h]e hated studying.

John looked at his watch and said he was tired.... [H]e needed to go home.

John looked at his watch .... [H]e needed to go home.

[H]e was tired. He hated studying, and he needed to go home.

NOT:

John looked at his watch ....

John looked at his watch and said he was tired....

He hated studying ....

c. Maintaining Accuracy in Quotes For example, if the source capitalized words mid-sentence, make sure they are copied exactly in the quotation. If any words in the quotation are italicized, check to see if they are italicized or otherwise emphasized in the original source. If the author added the emphasis, the citation must reflect that fact with a parenthetical. If the emphasis is found in the original source, however, do not use a parenthetical stating “emphasis in original.” See Bluebook Rule 5.2. Check for proper use of quotation marks (“In that case, we noted that ‘summary judgment is not appropriate when there is a triable issue of relevant fact.’”) Note that a quotation within a block quote is set off by regular quotation marks. See Bluebook Rule 5.1. When the quoted source is quoting another source, the citation must reflect that fact, as in the following: Robinson v. California, 370 U.S. 660, 666 (1962) (quoting Weems v. United States, 217 U.S. 349, 378 (1910)). When formatting a statute in a block quote, make sure that the margin spacing of the quotation follows the margin spacing of the original text. For example:

(2) “dependent child” means, when used with respect to any reporting individual, any individual who is a son, daughter, step son, or step daughter and who –

(A) is unmarried and under age 21 and is living in the household of such reporting individual; or (B) is a dependent of such reporting individual within the meaning of section 152 of the Internal Revenue Code of 1986.


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Indicate whether the author has made additions or deletions, including the omission of citations. For example, use (emphasis added), (footnote(s) omitted), etc. “Footnote omitted” should only be used if a footnote has been removed either (1) within a sentence; or (2) at the end of a sentence within the quote, when the quote includes multiple sentences. See Bluebook Rule 5.2. “Footnote omitted” should be indicated in the footnotes, not the text. If more than one paragraph is quoted, note the form prescribed in Bluebook Rule 5.1(a)(iii).

2. Internal Cross-References: Bluebook Rule 3.5

Internal cross-references refer the reader to another section of the article for information, and the type of internal cross-reference used differs depending upon the type of material being referenced. Page numbers are never used for reference in internal cross-references.

• If the author is referencing only material found in the footnotes (either footnote text or citation), the cross-reference should read: “See supra notes xx–xx.”

• If the author is referencing only the text, the cross-reference should read: “See supra text accompanying notes xx–xx.” “See supra Part X.X” is also acceptable, but only when it is as narrow as possible.

• If the author is referencing both the text and the footnotes, the cross-reference should read: “See supra notes xx-xx and accompanying text.”

3. Order of Citations

Unless the author has a specific reason for the order of citations, they must follow a strict order according to type of authority, chronology, and superiority of court. Note that when more than one signal is used, the signals should appear in a specific order according to Bluebook Rule 1.3. In string cites within each signal, citations must be ordered according to Bluebook Rule 1.4.

4. Cases

• Citation of cases is covered in great detail by Bluebook Rule 10. Whenever cases are cited, cite-checkers and editors should also be conscious of the conventions contained in the following Bluebook Rules:

o 1.2 Signals

o 1.3 Order of Signals

o 1.4 Order of Authorities Within Each Signal

o 1.5 Parenthetical Information

o 2.1 Typeface Conventions for Citations


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o 2.2 Typeface Conventions for Textual Material

o 4.1 Use of “id.”

Along with id., we use only the following short form for cases: Calandra, 414 U.S. at 343.

Use this short form for cases only in the following three situations:

1. If the full case name has been used in the same general textual discussion;

2. If the case name has been cited in full earlier in the same footnote;

3. If the case has been cited (including a short form or id.) in the preceding five footnotes.

Proper structure of case names is an important part of the editing process.

o Cases cited multiple times in a manuscript must be referred to consistently throughout. There will only be one correct way to cite the case. See Bluebook Rules 2, 10.2.

o Occasionally (rarely) you may run into a party name that could be written in more than one way. For example, “FDIC,” “F.D.I.C.,” and “Fed. Deposit Ins. Corp.” arguably are all correct. When you run into such a party name, check Westlaw/Lexis and find the most recent occurrence of that party name in a footnote (By the way, it’s FDIC).

o When a case is first mentioned in the text, it should appear with its full name (or in an accepted abbreviated format—see Bluebook Rule 10.2.1(c)) and should be footnoted. The footnote should not include the name of the case, only the cite (e.g., 331 U.S. 343 (1991)).

o In any legal writing, a case that has been cited in full in the same general textual discussion may be referred to by one of the party’s names without further citation (e.g., the Court in Lochner ... ). See

Bluebook Rule 10.9.

5. Statutes

When citing the current code, give the name of the statute and the original section number if the statute is commonly cited by its name and original sections. For example, Labor Management Relations (Taft-Hartley) Act § 301(a), 29 U.S.C. § 185 (a) (2000). If the citation is not to the current code, use the citation form in Bluebook Rule 12.2.1.


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6. Section Symbols (§)

Use only one section symbol when citing multiple subsections within one section. For example, § l(a)-(f). See Bluebook Rule 3.4. Be careful. Sometimes letters designate sections rather than subsections. For example, 42 U.S.C. § 1396a (1970).

a. Multiple Sections

• Do not use et seq. for consecutive sections.

• Identical digits or letters preceding a punctuation mark may be omitted. For example, §§ 5.70–.73 rather than §§ 5.70–5.73.

• Insert a “to” if a hyphen is ambiguous. For example, VA. CODE ANN. §§ 1861-2 to - 14 (Bluebook Rule 3.3(b)).

• In all other situations, retain all digits.

7. When all else fails...

When all else fails, look to other law reviews. The free text searching available through Hein Online is a great way to see how the same sources has been cited in previous law review articles. This should be used as a last resort, when neither the Bluebook nor this manual provides any guidance. Make note of any such searches on the problem sheet to facilitate later verification.

D. GRAMMAR

Both cite-checkers and editors are responsible for correcting grammar, spelling, and misuse of words in the text and footnotes of a manuscript. Pay particular attention to the following grammatical errors that are common to manuscripts.

1. Common Grammatical Errors

• Be certain dependent clauses are consistent with the rest of the sentence.

• Watch out for incorrect use of “that” and “which.” See Chicago Manual of Style, § 5.202. Note that this rule is frequently ignored in legal scholarship and court opinions.

o “That” is used restrictively to narrow a category or identify a particular item being talked about (e.g., “any building that is taller must be outside the state”).


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o “Which” is used nonrestrictively—not to narrow a class or identify a particular item, but to add something about an item already identified (e.g., “alongside the officer trotted a toy poodle, which hardly is a typical police dog”). In most cases, “which” should be used restrictively only when preceded by a preposition (e.g., “the situation in which we find ourselves”) Generally, “which” is almost always preceded by a comma, parenthesis, or a dash. If the sentence can stop and still make sense, “which” will often be the correct term.

• Generally, “while” and “since” suggest time. Though the Chicago Manual of Style allows their use in place of “whereas,” “although,” or “because” unless such use would cause confusion, be on the lookout for situations in which one of these latter terms would be more appropriate. See Chicago Manual of Style, § 5.202 for further clarification.

• Correctly used, “where” connotes location. Do not use it in place of “when” or “in which.”

• “Feel” is a sensory term. We feel heat or emotion. Do not use it to describe a mental process (e.g., “The judge felt that the law of South Carolina applied.”). Use “believed,” “thought,” “considered,” or “reasoned” instead.

• Omit “or not” after “whether.” The exception to this rule is when the author intends to convey the idea of “regardless of whether” See Chicago Manual of Style, § 5.202.

• The word “only” should directly precede the word it modifies. For example, say “The court gave only three reasons,” not “The court only gave three reasons.”

• Avoid using parenthetical phrases in the text. Set off an explanatory phrase with commas, make a new sentence, or put the material in a footnote.

• Avoid passive voice. Occasionally, use of the passive voice is necessary. Cite-checkers and editors should, however, correct passive voice whenever possible.

• Do not separate subject and verb unnecessarily. For example, use “According to the 1943 United States Supreme Court decision in Parker v. Brown, the Sherman Anti-Trust Act directed...” rather than “The Sherman Anti-Trust Act, according to the 1943 United States Supreme Court decision in Parker v. Brown, directed ...”

• Always discuss cases in the past tense.

• Watch agreement of verb tenses within a sentence, from one sentence to the next, and from text to footnote.


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• Watch out for and eliminate run-on sentences, sentence fragments, and comma splices.

• Contractions and abbreviations should not be used. Use “cannot” instead of “can’t,” for example. Abbreviations should be changed to long forms. (“E.g.” should be changed to “for exampleLli]” “i.e.” should be changed to “that is” or “in other words” and “etc.” should be changed to “et cetera” when absolutely necessary, but should be avoided at all costs.)

• Watch for modifying phrases that are separated from the word the phrase modifies.

• Watch for overuse of the words “nevertheless,” “however,” “thus,” “therefore, specifically at the beginning of sentences. Some authors also may choose to begin sentences with conjunctions such as “And” or “But”LI] such use should not be excessive. Author preference may override this convention in limited circumstances.

• Do not use the first person in student notes. Also avoid the use of imperatives.

• Avoid rhetorical questions.

• Correct over-use of terms (e.g., plaintiff, court held, thus, in addition, as such, that is) and excessive use of dashes and semicolons.

• If possible, eliminate use of non-referential pronouns.

o Replace “There were many people in the courtroom,” with “Many people were jammed into the courtroom.”

o Replace “It was hot in the courtroom” with “The courtroom was hot.”

• Make sure words are not unnecessarily hyphenated.

• Effect vs. Affect: See Chicago Manual of Style, § 5.202.

o Affect, almost always a verb, means “to influence or have an effect on.” (e.g., “the adverse publicity affected the election.”).

o Effect, usually a noun, means “an outcome, result.” (e.g., “the candidate’s attempted explanation had no effect.”). Effect may also be a verb, meaning “to make happen, produce.” (e.g., “the goal had been to effect a major change in campus politics.”).

• Compose vs. Comprise

o To comprise is “to be made up of, to include” (e.g., “the whole comprises the parts”). The phrase “comprised of” is poor usage. Instead, use “composed of” or “consisting of.”


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o To compose is “to make up, to form the substance of something” (e.g., “the directors compose the board[I]” also acceptable is “the board is composed of the directors,” NOT “the board is comprised of the directors”).

2. Compound Words and Hyphenation

As a general rule, avoid hyphens. If you are unsure, look the word up in an unabridged dictionary (Merriam-Webster’s Collegiate Dictionary). If you cannot find the word in a dictionary, refer to the Chicago Manual of Style § 7.90. In all circumstances take precaution to remain consistent with the author’s tone and style. The following are some specific conventions:

• As a general rule, nouns are not hyphenated and adjectives may be hyphenated to prevent confusion.

• Adverbs ending in “-ly” followed by an adjective are never hyphenated, e.g., “largely irrelevant” and “wrongly decided.”

• Ages are hyphenated, e.g., a twelve-year-old girl.

• Ordinal numbers are also hyphenated, e.g. third-floor courtroom.

• Close compound words when possible (e.g., school house should be schoolhouse).

• See Rule 6.6, infra, for BLR conventions as to specific hyphenated and compound words.

E. BLR CONVENTIONS

Where authors and editors may choose among several grammatical rules, or where the rules have caused confusion among editors, BLR has chosen the following guidelines to make all manuscripts consistent within each volume.

1. Abbreviations

• Close up adjacent single capital letters unless a combination of initials would be confusing. For example, use (D.W. Va.) not (D. W. Va.). Do not close up single capital letters with longer abbreviations (for example, “L. REV.” not “L.REV.”).

• Ordinal numbers (for example, 2d) are treated as single capitals. The ordinals for second and third are shortened abbreviations. (i.e., 2d, 3d).

• Well-known initials may be written without periods (for example, FTC, CBS, NLRB), but not in reporter or code abbreviations or as names of courts of decision (for example, 162 N.L.R.B. 476).


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• When abbreviating an organization name and identifying it in the text, indicate the use of the abbreviation in parentheses following the term. For example, Federal Bureau of Investigation (FBI). Do not use quotation marks inside the parentheses. For example, use (FMLA), NOT (“FMLA”).

• All abbreviations should be followed by a period except those abbreviations containing an apostrophe preceding the last letter of the word (for example, Ass’n, Nat’l).

• For institutional authors, do not use “Inst.” it is somewhat ambiguous.

• In text, use “U.S. Reports,” not “United States Reports.”

• When referring to a particular century, the number should be spelled out in lowercase Roman type (unless the first letter of the century appears at the beginning of a sentence. For example, “twenty-first century,” not “21st century.”

2. Apostrophes/Possessives

Do not use an apostrophe when referring to a decade for example, 1840s NOT 1840’s. Except for when the word is in plural form, use s’s, not s’ for words ending in “s.” For example: “Congress’s plan,” not “Congress’ plan.” However, when referring to a group of individuals, the apostrophe should appear at the end of the word: for example, “the court will not question the trustees’ decision” (here, multiple trustees made a decision).

3. Capitalization (Bluebook Rule 8)

Follow Bluebook Rule 8, and follow these guidelines for the following words:

a. Article

Capitalize when referring to the manuscript itself, but not when referring to articles in general or articles by others. For example, not “this Article argues that ...”, but “In a recent article in the Yale Law Journal, Professor Langbein argues that ...”

b. Constitutional Provisions

Capitalize named clauses, such as Commerce Clause, Due Process Clause, and Establishment Clause. Do not capitalize “constitutional” or adjectives describing the clauses, such as dormant Commerce Clause, dormant Commerce Clause doctrine, and Establishment Clause jurisprudence.

c. Court

Only capitalize “Court” when referring to the United States Supreme Court. For other courts, keep court lowercase, such as “The Quinlan court ...”


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d. Internet

Capitalize Internet.

e. Periods of Time

Capitalize named eras such as New Deal Era, Progressive Era, Lochner Era, and Founding Era, but not general time periods such as colonial era.

f. Political Parties

Capitalize political parties, such as Republican Party and Democratic Party.

g. State

The Bluebook says that “state” should be capitalized “[o]nly if it is part of the full title of a state, if the word it modifies is capitalized, or when referring to a state as a governmental actor.” Determining when a state is a governmental actor has proven difficult. Accordingly, BLR has adopted the rule that “state” is only capitalized when (1) it is a party to litigation and is either the subject or object of a transitive verb or (2) it refers to a state as a governmental actor and is the subject of a transitive verb.

Examples:

o Most of the judges in the state were elected before the constitutional amendment.

o The State passed a law making it a crime to transport radioactive material into the state.

o The judge held the State in contempt

h. Southern

Do not capitalize when used as an adjective, such as in southern gentleman and southern culture.

i. To

In manuscript headings, and in titles of sources, prepositions of four or fewer letters are not capitalized. This rule does not apply, however, to the word “to” when used as part of an infinitive verb (e.g., “to be,” “to serve,” “to go”). In such cases, it should be capitalized, because it is a verb, not a preposition.


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4. Commas in a Series

When using commas or semi-colons in a series, always place a comma or semi-colon before the conjunction for consistency, clarity, and readability.

5. Gender-Neutral Language

a. Gender-Neutral Language when Cite-Checking

BLR does not require authors to use gender-neutral language (i.e., “his or her”). Cite-checkers generally should not change pronouns to a gender-neutral form. Editors should not change the language without consulting the author.

b. Gender-Neutral Language in Student Notes

Note writers should avoid gendered language whenever possible, taking into consideration context, style, and flow. E.g., “No congressperson could ever support this bill.” BUT “Congressman Rangle does not support this bill.”

6. Hyphenation and Compound Words

BLR has adopted these forms for the following words and phrases:

• African American

• all-encompassing

• Anti: anticlimactic, antiratification, antiabortion

• Anglo-American

• backdrop

• case law

• catchall

• choice-of-law (adjective)

• Co: codefendant, coplaintiff, coextensive, coinsured, codebtor, BUT co-liable, co-obligor

• common law

• common lawmaking


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• contradistinction

• counterdefendants

• counterproductive

• cross-claims, BUT counterclaims

• cure-all

• debtor-in-possession (noun or adjective)

• decision maker (noun)

• decision making (noun)

• decision-making (adjective)

• early American

• extrastatutory

• extralegal

• fact-finder

• fact-finding

• far-reaching

• Founding-era (adjective)

• Founding Era (noun)

• the Framers when referring U.S. Constitution

• the framers when referring to state or other constitutions

• freestanding

• fundraiser

• lawmaker

• lawmaking (noun)


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• lawmaking (adjective)

• long-standing

• mass tort (noun and adjective)

• minitrial

• multifaceted

• multiparty

• neo-originalism

• non sequitur

• Non: nondebtors, nonexistent, nonbankruptcy, nondiverse, noncore, nonexempt, nonintentional, BUT non-Article III

• oftentimes

• open-ended

• out-of-state (adjective)

• outcome-oriented

• Outer: outer limits, outer bounds, BUT outermost

• overstated

• overshadowed

• overinclusive/underinclusive

• policymaker

• policymaking (noun)

• policy-making (adjective)

• Post: postconfirmation, postjudgment, postmodern BUT post-Vietnam

• present-day

• pretrial


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• preexisting

• pro rata BUT proratification

• reelect

• reexamine

• reintroduce

• reinvent

• relabel

• rulemaker

• rulemaking (noun)

• rule-making (adjective)

• second guess

• separation of powers (always open)

• side effect

• side-by-side

• stand-alone

• straightforward

• third party (noun)

• third-party (adjective)

7. Internet Terminology

Write “website” as one word, but write “web page” and “home page” as two words. “E-mail” should be written as such.

8. Italics (Bluebook Rule 7)

In addition to those terms listed in the Bluebook, do not use italics for the following:

• actus reus


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• arguendo

• contra

• ex ante

• ex post

• ex post facto

• in personam

• in rem

• inter alia

• nolo contendere

• parens patriae

• per se

• quasi-

• stare decisis

• ultra vires

• vis-à-vis

DO use italics for corpus dilecti.

9. Numerals and Symbols

• In numbered Lists, use parentheses before and after the numbers in the list: (1) xxxxx, (2) xxxxx, and (3) xxxxx. If the listed elements themselves contain commas, use semicolons to separate them.

• Generally, the following should be written in words: whole numbers from one through one hundred, round numbers, and any number beginning a sentence. Consistency, however, should always give way to readability (e.g., “110 eggs, of which ninety were laid yesterday” should be changed to “110 eggs, of which 90 were laid yesterday”). Note that in certain contexts, tradition and common sense clearly recommend the use of numerals (e.g. “a 40-watt bulb,” “a size 6 dress,” and


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“a fuel efficiency of 80 miles per gallon”). See Bluebook Rule 6.2; Chicago Manual of Style §§ 9.1–.3, 9.14.

• Percentages are always given in numerals, and the word percent should be used (e.g., 17 percent, 23.5 percent, 2 percent), unless the manuscript contains many percentage figures. Note that we follow the Chicago Manual of Style and NOT the Bluebook in this convention. See Chicago Manual of Style § 9.19.

10. Special Case Names

The Slaughter-House Cases should be written as follows:

• In the text, “the Slaughter-House Cases.”

• In full cite form, “The Slaughter-House Cases, xx U.S. (16 Wall) xx, xx (xxxx).”

• In short form, “Slaughter-House Cases, xx U.S. (16) at xx.”

11. Unreported Cases

Cite to the Westlaw citation whenever possible, as opposed to the Federal Appendix. If the case is only available on Lexis, cite to the Lexis citation rather than the Federal Appendix. Do not forget to use the unique database identifier pursuant to Bluebook Rule 18.1.1.

12. Citing Tables, Figures, and Other Like Subdivisions in Page Numbers

Tables, figures, and other like subdivisions should be cited according to the abbreviation in Bluebook Table 13. There should never be a space between the abbreviation and the table or figure number.

13. More than One Article by an Author in a Footnote

Bluebook Rule 1.5 states that articles should be alphabetized by author. If a footnote contains more than one article from the same author, organize reverse chronologically by publication date, unless another ordering makes more sense.

14. Section vs. §

• A sentence should never begin with the section symbol. Whenever section appears at the beginning of a sentence, spell out the word “Section.”

• The section symbol should be used when referring to a section of the U.S. Code independent of other identifying information.

o E.g., There is nothing contained in § 1983 that could support the district court’s decision.


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• When referring to Named Statutes, follow the rules outlined in Bluebook Rule 12.9(c).

o E.g., The court held that section 1911 of the Endangered Species Act did not prohibit fishing in the Mississippi River.

• When referring to a state statute, always spell out “section.”

o E.g., New York’s section 701 differs significantly from the Delaware rule contained in section 1901.

• The word “section” should always begin with a lowercase letter, unless:

o it appears at the beginning of a sentence; or

o it is referring to a subpart of the manuscript.

• Refer to Bluebook Rule 12.9(c) for any further clarifications.

15. Et Seq

Although “et seq” should be avoided whenever possible (we favor pin cites to the appropriate sections of a statute), when it is used, it should not be italicized.

William & Mary Business Law Review Entering Edits with Track Changes

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XIII. ENTERING EDITS WITH TRACK CHANGES

A. GENERAL INSTRUCTIONS

1. Cite-Checkers

Entering comments is for spelling/grammar and Bluebook changes only. Any substantive comments should be addressed on your Problem Sheet, rather than in the document itself.

2. Editors

When reviewing cite-checkers’ marks and comments, AEs/NEs should (i) reject any markups that are incorrect (ii) if you are uncertain as to whether a comment is correct, leave it and note the issue on your problem sheet (iii) change any additional mistakes that need to be corrected.

B. COMPUTER INSTRUCTIONS

1. Windows

• Click the Review tab on the ribbon.

• Click the Track Changes button to turn on track changes.


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• Click the Track Changes button and select Change Tracking Options.

• Ensure that By Author has been selected in each dropdown menu (select Auto for the Changed lines option). Track changes will be reflected as follows:

o Cite-checkers: Red

o AEs/NEs: Blue

o EAE/SAE: Green

• Click the Track Changes button and select Change User Name.

• In the Word Options box that pops up, click the General tab, then insert your name and initials in the appropriate boxes. Be sure to use your name instead of your position on the journal so that it is clear that the edits being made are made by you.


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Members of the Executive Board whose edits may be sent to the authors for review may elect to use their position title.

2. Mac OS

• Click Tools, select Track Changes, and select Highlight Changes.

• Ensure all the boxes are checked (if you are not already in Track Changes mode, the top box will not be checked) and click the Options button.


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• Ensure that By Author has been selected in each dropdown menu (select Auto for the Changed lines option). Track changes will be reflected as follows:

o Cite-checkers: Red

o AEs/NEs: Blue

o EAE/SAE: Green

• Click Word, then click Preferences.


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• Click User Information.

• Insert your name and initials in the appropriate boxes. Be sure to use your name instead of position on the journal so that it is clear that the edits being made are made by you.

William & Mary Business Law Review Submission Procedure

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XIV. SUBMISSION PROCEDURE

Once a cite-checker, AE, NE, or SAE has completed an assignment (note submission, cite check, team read, AE edit, etc.), that individual must upload the assignment.

• Upload your document to Dropbox.

o If you are submitting your sources, follow the Dropbox instructions provided under Upload Source PDFs below.

o If you are submitting your note, follow the instructions emailed to you.

o If you are submitting an edited manuscript, the file should be named as follows: AuthorLastName_EditorLastName_EditingPhase_FootnoteNumbers. For example, Jones_Mohler_CC1_45_67 would indicate that Mohler edited footnotes 45 through 67 in Smith’s article for Cite Check 1.

o Use the following notation for editing phases: Cite Check is CC, Team Read is TR, and Page Proof is PP.

• If you have any difficulties uploading, email your assignment directly to your editor, cc-ing [email protected], or save your assignment to a disc or USB drive and place it in your editing superior’s hanging file.

• The editor in ranking position directly above the editor submitting the document should review all submission times and record whether the document was submitted on time. This approval check should be made within 24 hours of the submission deadline. Within 48 hours of the submission deadline, the EE will review any late submissions and contact the appropriate parties to initiate the disciplinary process.

• The ME should download all files and save them to the school’s S drive and at least one other drive.

A. CITE CHECK 1 EXAMPLE (DATES AND TIMES ARE ILLUSTRATIVE ONLY):

In submitting Cite Check 1, the cite-checker would upload his/her assignment to the Cite Check 1 folder by 2pm on September 9. By 2pm on September 10, the AE/NE assigned to the cite-checker would review the submission time of the assignment. Assuming the cite-checker submitted the assignment by the deadline, the AE/NE would record this. The EE will review these records by 2pm on September 11 and contact any parties that lack approval.

The AE/NE must submit the review of the cite check by 2 pm on September 15. By 2pm on September 16, the assigned SAE/EAE will review when the AE/NE submitted the assignment.

William & Mary Business Law Review Submission Procedure

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Assuming the AE/NE submitted the assignment by the deadline, the SAE/EAE will record this. The EE will review these records by 2pm on September 17 and contact any parties that lack approval.

The SAE/EAE must submit the review of the cite check by 2pm on September 21. By 2pm on September 22, the ME will review when the SAE/EAE submitted the assignment. Assuming the SAE/EAE submitted the assignment by the deadline, the ME will record this. The EE will review these records by 2pm on September 23 and contact any parties that lack approval.

The procedure runs similarly for the note submission process with the assigned NE or SNE recording timeliness for their respective note writers.

William & Mary Business Law Review Editorial Board Cite-Checking Responsibilities

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XV. CITE-CHECKING RESPONSIBILITIES OF THE EDITORIAL BOARD

A. AE/NE

• Report to the ME any cite-checkers or team members failing to meet the deadlines stated above.

• Pick up ILL books that arrive during the AE/NE Edit period, fill out ILL slips at Law Library Circulation Desk, and place the books on the BLR shelves.

• If notified to do so by the ME, renew SWEM books.

• The ILL GRF will remove ILL books from the shelves as they become overdue.

• Once all cite-checkers have uploaded their individual source files to Dropbox, the AE/NE should download all Source Binder files and combine them in numerical order to create one Complete Source Binder. The AE/NE should then upload the complete file to Dropbox, named using the following scheme:

• AuthorLastName_CompleteSourceBinder.pdf (e.g., Chase_CompleteSourceBinder.pdf).

B. EAE/SAE

• Pick up ILL books that arrive during the EAE/SAE Edit period or thereafter, fill out ILL slips at Law Library Circulation Desk, and place the books on the BLR shelves.

• If notified to do so by the ME, renew SWEM books.

• The ILL GRF will remove ILL books from the shelves as they become overdue.

C. ME

• The ME should download all files from Dropbox and save them to the school’s S drive and at least one other drive.

William & Mary Business Law Review Cite-Checking Room Policy

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XVI. CITE-CHECKING ROOM POLICY

Reserve items, current periodicals, reference books, reporters, digests, indices, and loose leaf or serial services may not be checked out to carrels or shelves. Library staff will remove these items.

All shelved sources must be checked out to BLR at the Circulation Desk, to the shelf in the Cite-Checking Room assigned to the manuscript to which it pertains. Be sure to include the shelf number on the sign-out slip. Any source checked out to BLR should not leave the assigned shelf.

Books may be checked out to BLR shelves in the Cite-Checking Room for a period of 30 days. Slips must be renewed before the end of the 30-day checkout period.

William & Mary Business Law Review Cite-Checking Procedure

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XVII. CITE-CHECKING PROCEDURE

Each manuscript will have a team of cite-checkers assigned to it. The cite-checker’s role is extremely important to the editing process. The primary purpose of the cite check is to ensure that the manuscript, and the sources cited in support of it, are substantively accurate. The cite-checker ensures that the sodeaurces cited exist and support the author’s proposition. The cite-checker ensures that quotes are accurate and citations are properly Bluebooked. Finally, the cite-checker ensures the manuscript has sufficient support and adds support where needed. BLR relies on its cite-checkers to perform this crucial role in order to maintain the validity and prestige of our publication.

A. PROBLEM SHEET

A Problem Sheet will be sent out at the start of the cite check, and more are available on the BLR website.

1. Note Any and All Problems on Your Problem Sheet • If you cannot locate a source, are unsure about how a citation should look, or have

any other problems, note it on your Problem Sheet. • Err on the side of including too much information on the Problem Sheet, so that the

later editors will understand the changes you have made to your section of the manuscript.

• Never use notations such as “awk,” “?,” etc. If something is wrong, attempt to correct it and explain your change on your Problem Sheet.

2. Email Your Problem Sheet to Your AE/NE when Submitting Your

Cite Check

An example Problem Sheet is included here for your reference.


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B. DEADLINES AT 72 HOURS AFTER DROP

1. Find and Upload Each of Your Sources

These include sources that appear on the Source List for the first time within your assigned section of the manuscript, as well as any new sources you find for ADD CITES.


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a. Web Address (Internet-only Source)

(1) Check the address to ensure it works.

(2) If the source fits within one of the other categories, check for those as well. If it truly is ONLY available online, record that in the Problem Sheet.

b. Journal Article

(1) Check HeinOnline in the Journals section. If unavailable there, check the bound journals in the Law Library.

(2) If the article is not yet printed/published, check the cited journal’s website and SSRN, and record this in the Problem Sheet.

c. Case

(1) U.S. Supreme Court Case

(a) You must use HeinOnline’s U.S. Reporter. If unavailable there, check the Supreme Court Reporter.

(2) Federal or State Case

(a) Use Westlaw to create a PDF. If unavailable there, check the case reporters in the Law Library.

(b) If the case cannot be found anywhere else, print out the appropriate pages from Westlaw or Lexis and alert the AE/NE in the Problem Sheet.

(c) For unreported cases, follow Bluebook Rule 18.3.1.

d. Statute, Legislative Material, or Administrative Regulation

(1) Check HeinOnline. If unavailable there, check the printed copy of the official code in the Law Library, including any supplement or pocket papers.

e. Newspaper Article

(1) New York Times Article

(a) Check ProQuest, a database available on the Law Library website.

(2) Article from Other Newspaper

(a) Check the Law Library and SWEM for the newspaper in print or microfiche form.


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f. Book, Other, or Undetermined Source

(1) Check LION and WorldCat to determine if it is available at the Law Library, SWEM, or elsewhere.

(2) For sources available at SWEM but NOT at the Law Library, email the Team Lead with a list of the sources your need him/her to retrieve from SWEM. Email the Team Lead within 48 hours of the cite check dropping.

(3) For sources available ONLY outside the school’s system, prepare an ILL Request for each source, and submit ASAP.

(4) For sources not found by any of the usual methods, check Google and other search engines.

g. Direct source questions to your AE/NE. 2. Check Out Library Sources

a. For each source available at the Law Library (EXCEPT law journals, case reporters, and anything else you cannot check out):

(1) Check out the source to BLR by filling out the appropriate slip at the Circulation Desk.

(2) Bring the source to the Cite-Checking Room in the Library.

(3) Locate the shelf labeled with the name of the author of the manuscript you are cite-checking.

(4) Place the source in alphabetical order by the last name of the source’s author.

(5) Email your AE/NE and cite-checking team to inform everyone of the source’s arrival.

b. If you are the Team Lead:

(1) Check out BLR’s SWEM cards from the Law Library Circulation desk.

(2) At SWEM, find and check out, scan, or copy all needed sources located at SWEM.

(a) For a newspaper article, scan the ENTIRE article, making sure that the newspaper title, date, page number, article title and author, and section title such as “Op-Ed.” are indicated. If you MUST make a copy, please discuss with your AE/NE to receive copy approval.


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(3) At the Law Library Circulation Desk, sign out all SWEM sources to BLR by filling out the appropriate slip.

(4) Place the sources on the appropriate shelf in alphabetical order by the last name of the source’s author.

(5) Email your AE/NE and cite-checking team to inform everyone of the source’s arrival.

3. Submit All ILL Requests Using the Online System

4. If ILL Sources Arrive During the Cite Check:

a. Retrieve the sources.

b. Place the sources on the appropriate shelf in alphabetical order by the last name of the source’s author.

c. Email your AE/NE and cite-checking team to inform everyone of the source’s arrival.

5. Gather and Upload Source PDFs

a. Download/Scan PDFs for All Your Sources

(1) Web Address (Internet-only Source)

Download/”print”/save the web page to a PDF file.

(2) Journal Article

Download/scan the ENTIRE article to a PDF file.

(3) Case

Download/scan the ENTIRE case to a PDF file.

(4) Statute, Legislative Material, or Administrative Regulation (a) Download/scan the ENTIRE statute/other to a PDF file.

(5) Newspaper Article

Download/scan the ENTIRE newspaper article. Include the front page indicating newspaper title and date, and ensure the page number of the newspaper article is indicated.

(6) Book

(a) Scan the title page (you must include full title and author’s name).


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(b) Scan page(s) with publication information (you must account for the year published, edition if there is one, and publisher and/or editor if there is one).

(c) Scan all pinpoint pages. Each cite-checker is responsible for scanning his/her own pinpoint pages.

(d) Place the book on the shelf in the Cite-Checking Room.

b. Name Source PDF Files

(1) All sources should be named with the last name of the source author, followed by all of the footnote numbers using the source. Replace all spaces with underscores. For example, if you were assigned footnotes 35–65 in Benjamin Novak’s manuscript, and a source written by Jayne Barnard is listed for the first time in your section of the manuscript in footnote 42, and the source is also listed in footnotes 123, 145, and 162, you would name the Source PDF file Barnard_42_123_145_162.pdf.

c. Upload Source PDFs

(1) Go to https://www.dropbox.com/login and sign in with the BLR credentials emailed to you and select the folder for your volume.

(2) Click the folder of the cite check you are doing (e.g., “Cite Check 1”).


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(4) Click on the Sources folder.

(5) Click the Upload button, which looks like a piece of paper with an upward-facing arrow on it.

(3) Click on the folder of your author’s last name.


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(6) Click the Choose Files button.

(7) Select the file(s) on your computer as you would for an email attachment and click the Open button.

(a) NOTE: your source should be the entire article, case, etc., NOT just your pin cite.

C. DEADLINES AT 144 HOURS (6 DAYS) AFTER DROP (SOURCE BINDER)

1. Download Source PDFs Uploaded by Other Cite-Checkers

a. Follow steps (1) through (4) under Upload Source PDFs above. b. Download all the Source PDFs you need for your assignment.

(1) One way to do this is to right-click on the Source PDF and select Download.

(2) Be careful not to delete or change any files in Dropbox!


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2. Gather Add Cites

a. When appropriate, you are expected to retrieve sources in addition to those the author has cited in the manuscript, to ensure that all facts or arguments in the text are adequately supported. b. When a new footnote must be added to the text, you must gather and prepare the source in the manner described above.

c. When the author’s pinpoint pages need to be altered to accurately reflect the cited text, you must gather and prepare the necessary additional pinpoint pages in the manner described above, and include them with the saved source as if the author had cited those pages all along. You should edit the pinpoint pages in the footnotes of the manuscript accordingly.

3. Create Pin Cite PDFs

a. Internal Cross-Reference (supra/infra)

(1) Check to make sure that the cited footnotes or Parts of the manuscript support the cited text.

b. Short Form Citation

(1) EVERY Id. citation requires its own source upload of the original source with the supporting portion highlighted, even if not citing to a new page.

c. “See generally” Source

(1) Verify that the entire source supports the proposition for which the author cites it.

(a) Exact quotes are NEVER “see generally.”

(2) Do NOT save the entire source.

(3) Save the pages normally saved for the source EXCEPT, instead of pinpoint pages, save a few representative pages (such as the abstract) that show the source supports the author’s proposition.

(4) Make a note of this source on your Problem Sheet.

d. Web Address (Internet-only Source)

(1) If the cited source can ONLY be found via the Internet (SSRN paper, website, etc.), save in the following order:


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(a) The first page of the source.

(b) All pinpoint pages.

(i) It is not necessary to save a particular pinpoint page again if it is the same as the first page of the source.

(2) Alert your AE/NE in the Problem Sheet.

e. Journal Article

(1) For EACH citation, save in the following order:

(a) Table of contents pages on which the title of the journal, volume number, date of publication, and article cited appear.

(b) First page on which the journal article appears.

(c) All pinpoint pages.

(i) It is not necessary to copy a particular pinpoint page again if it is the same as the first page on which the journal article appears.

(2) These saved pages must account for the journal title, volume, and year, and the manuscripts’s author, title, first page number, and special indication of authority (e.g., article, note, comment, etc.).

(3) You must resave all the pages listed above for articles cited shorthand that cite to new pages (i.e., Post, supra note 10, at xx-xx).

f. Case


(a) First page of the case.

(b) First page of the concurring/dissenting opinion (if the author is citing to a concurring/dissenting opinion).


(i) It is not necessary to save a particular pinpoint page again if it is the same as the first page of the case or the first page of the concurring/dissenting opinion.

(d) Online Shepard’s or KeyCite (DIRECT HISTORY ONLY).


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(2) You must resave all the pages listed above for cases cited shorthand that cite to a new page (i.e., Nike, 539 U.S. at 655; Id. at 656).

g. Statute, Legislative Material, or Administrative Regulation


(a) Title page of the book.

(b) First page on which the statute/regulation appears.


(i) It is not necessary to save a particular pinpoint page again if it is the same as the first page on which the statute appears.

(d) If available, online Shepard’s or KeyCite (RELEVANT HISTORY ONLY).

(2) The saved pages must account for the title of the reporter used, the full title of the statute (if any), the section number of the statute, and any subsections cited (i.e., section 104(a)(1)).

(3) You must recopy all the pages listed above for statutes cited short-hand that cite to new sections/pages.

h. Newspaper Article


(a) Front page.

(b) First page on which the newspaper article appears.


(i) It is not necessary to include a particular pinpoint page again if it is the same as the first page on which the newspaper article appears, and the first page as saved includes the article in full.

(d) These pages must account for the newspaper’s name, date, section (if applicable), page number, article headline and any subheadings, and the author’s name (or if a special section category such as “Op-Ed,” an indication of that fact).


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(e) If the newspaper article cannot be found at SWEM Library, save the appropriate pages from Westlaw or Lexis, and alert your AE/NE in the Problem Sheet.

i. Book


(a) Title page (must include full title and author’s name).

(b) Page(s) with publication information (you must account for the year published, edition if there is one, and publisher and/or editor if there is one).

(c) First page of the relevant shorter work (if part of a volume of collected works).

(d) All pinpoint pages.

(i) It is not necessary to copy a particular pinpoint page again if it is the same as the first page of the relevant shorter work.

(2) You must resave all the pages listed above for books cited shorthand that cite to new pages (i.e., NOVAK, supra note 5, at xx-xx).

j. Other/Miscellaneous Source

(1) If the source cannot be checked out to a shelf, save/scan it in the following order:

(a) First page of the source.

(b) All pinpoint pages.

(i) It is not necessary to save a particular pinpoint page again if it is the same as the first page of the source.

(2) Alert your AE/NE in the Problem Sheet.

k. Source Not Obtainable Before Cite Check Deadline

(1) Create a PDF with a blank page.

(2) Mark the page with the footnote number of the source, and indicate what the source is and why it was not yet obtainable.

(3) Make a note of this source on your Problem Sheet.


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(3) Click View on the menu.

(4) Click Common Tools and select Work with Scanned Documents.

(5) Click Optimize Scanned PDF in sidebar, ensure that All Pages and Make Searchable (Apply OCR) in pop-up box are selected, and click OK.

4. Mark Pin Cite PDFs

a. STEP 1. Convert Source PDF to Text Readable Format

(1) In order to “mark up” the text of a PDF file, it must be in text readable format. Sources scanned at the Law Library require this conversion. Please note that the below instructions apply to Adobe Acrobat Pro XI on a Mac. The directions should be similar on a Windows-based PC.

(2) Open the Source PDF.

.


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b. STEP 2. Extract Title Page and Other Pages with Necessary Information for Bluebooking

(1) Create a separate PDF file that contains only the title page (and other pages such as table of contents if necessary) that will be reused to create multiple Pin Cite PDFs.

(2) Open the Source PDF in Acrobat. Click page icon with yellow arrow in the top bar.

(3) Extract only the initial pages (in this case, only page 3).

(4) Do NOT select Delete Pages After Extracting or Extract Pages As Separate Files.

(5) Click the OK button.


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(6) In the new PDF, the name of which typically begins with “Pages from,” click File in the menu bar and select Save As.

(7) Save the new PDF using this naming scheme: SourceAuthorLastName_Page0.pdf (e.g., Friedman_Page0.pdf). Remember to use the author name of the source, NOT of the manuscript.

c. STEP 3. Extract Pin Cite Pages for Each Footnote Source

(1) You will need to repeat the process described in STEP 2 for each of the pages pin cited. For example, if the manuscript’s footnote 9 cites to pages 50 and 67 of the source, you would need to extract pages 50 and 67.

(2) Follow the process in STEP 2, except at the “Extract Pages” screen you will use the pin cited page number. NOTE: you need to use the Source PDF page numbers, NOT the page numbers shown on the pages themselves. In this example, page 50 of the Friedman source is page 3 of the Source PDF.


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(3) Save the new PDF using this naming scheme: SourceAuthorLastName_PagePage#.pdf (e.g., Friedman_Page50.pdf).

d. STEP 4. Create the Pin Cite PDF

(1) A Pin Cite PDF is the packet of source materials for a given footnote.

(2) If you already created separate PDFs of the title page and of the pin cite, you now need to combine those two PDFs.

(3) Click the File in the menu bar, select Create, and select Combine Files into a Single PDF. NOTE: you can do this with Acrobat open, regardless of whether an actual PDF file is opened.

(4) Select the files you want to combine by using the Add Files button or by dragging and dropping files into the dialog box.


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(5) Ensure that the order of combination is correct (title page(s) followed by pin cited pages) using the Move Up and Move Down buttons (green arrows on lower left).

(6) Click the Combine Files button. Save using this naming scheme: FN_Footnote#(Source#WithinFootnote).pdf (e.g., FN_9(1).pdf) where the number in parentheses is the number of the source within that footnote.

e. STEP 5. Mark Pin Cite PDF

(1) You now have to markup the Pin Cite PDF—highlight, count words, indicate the footnote, etc.

(2) First, indicate the footnote number and the source number within that footnote. Do this using the following process:

(a) Open the Pin Cite PDF and go to the first page.

(b) Create a Text Box in the top right corner of the page (or somewhere close if important info is in that area).

(i) Click the Comment button.


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(ii) Click the Add text box button in the Drawing Markups menu.

(iii) Click the mouse at one corner of the box you want to draw, drag it out to a size in which you can fit a couple words horizontally, and release the mouse.

(iv) Type the footnote number and source number in the Text Box with the scheme “FN X(X)” (e.g., FN 9(1)).

(3) Second, highlight any direct quotes in footnotes or in the main text:

(a) Find the quoted passage in the source.


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(b) Compare the quote and source word-for-word (including punctuation marks, capitalization, and italics) to ensure that the quote appears exactly the same in the manuscript text.

(i) If the quote is different in any way, alter it in the manuscript to make the two match.

(c) Highlight the quote in YELLOW as represented in the manuscript author’s text (e.g., when the manuscript author omits certain words, do NOT highlight those words).

(i) Click the Highlight text button in the Annotations menu.

(ii) Click the mouse at the beginning of the text you want to highlight, drag it over the rest of that text, and release the mouse. If it does not highlight, re-run STEP 1 on the document.

(iii) It is YOUR responsibility to ensure quotations match.

(d) Count the words in the quotation.

(e) Create a Text Box in the margin to the right of quoted text.

(i) In the Text Box, type the footnote number and source number, followed by the number of words in the quotation and your initials as shown below.


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(4) Third, if the footnote does NOT directly quote the source, indicate the source material that supports the author’s proposition by using the Rectangle tool to draw a red box around the particular sentence, paragraph, or section that provides support.

(a) Click the Rectangle button in the Drawings Markups menu.

(b) Click the mouse at one corner of the text you want to enclose, drag it over the rest of that text, and release the mouse.

f. STEP 6. Save Marked Pin Cite PDF

(1) Save the marked up Pin Cite PDF. You will need to create at least one Pin Cite PDF for each footnote.

(a) If a footnote contains three sources, you will create three PDFs (FN_9(1).pdf, FN_9(2).pdf, FN_9(3).pdf).


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g. STEP 7. Repeat

(1) Repeat steps 1 through 6 for every source. h. Combine Pin Cite PDFs

Merge all Pin Cite PDFs into one file (the Source Binder) in the order in which they appear in the manuscript:

(1) Click File in the menu bar, select Create, and select Combine Files into a Single PDF.

(2) Select all the Pin Cite PDFs you created.

(3) Ensure they are in the correct footnote and source order.

(4) Click Combine Files.

(5) Save the new PDF using the following scheme: AuthorLastName_SourceBinder_BeginningFootnote#_EndingFootnote# (e.g., Chase_SourceBinder_35_65).

i. Upload the Source Binder

(1) Upload the Source Binder file to the relevant author folder on Dropbox.

(2) Keep the file and all the others on your computer and ideally on another drive until the end of the academic year.

D. TEXTUAL EDITING (DUE AT END OF CITE CHECK) 1. Ensure Track Changes Is Enabled and Configured Correctly

a. See Entering Edits with Track Changes above.


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2. Edit All Citations for Accuracy and Proper Bluebook Format

a. Accuracy of the footnote includes, but is not limited to:

(1) Correct form of source name (long form, short form, id.).

(2) Page(s) cited.

(3) Court and date of decision.

(4) Abbreviation of books and journal articles to supra and infra forms, where appropriate.

(5) Correctness of signal used (see also, cf., etc.).

b. Apply all rules found in the Bluebook when abbreviating case names, reordering citations, adding parenthetical information, proper typeface, etc. in the footnotes.

c. All quotations of 50 or more words, whether in a footnote or in the main text, are block quotes.

(1) If the author does not already identify the quote as such, the cite-checker shall add the “=bq” code both at the beginning and the end of the quote.

(a) Delete quotation marks from the beginning and end of the block quote.

(b) Internal quotation marks shall be edited from single-quotation to double-quotation marks.

3. Edit Footnote Text and Main Text for Correct Grammar, Spelling, Capitalization, and Punctuation

Cite-checkers are not responsible for making any textual edits to the manuscript, other than necessary technical edits to quotations/citations and adding parenthetical explanations to citations as required by the Bluebook. If other textual edits are necessary to ensure the accuracy of the author’s citations or textual argument (e.g., spelling, punctuation, hyphenation), make edits to the text with Track Changes enabled. Refer to the Bluebook and the Chicago Manual of Style when making such changes.

Suggest any stylistic (i.e., recommended but unnecessary) changes to the AE/NE by making a note in the Problem Sheet.


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a. Do NOT “OVEREDIT”

The primary focus should be on gathering sources, checking the sources for accuracy, adding new sources when necessary, correcting obvious grammar and spelling errors, and editing all citations to their proper Bluebook format.

b. Do NOT Add Citations

The Editorial Board reviews each manuscript before the cite checks and adds cites as needed. If the cite checker feels a necessary citation is missing, do NOT add it to the manuscript. Add it to the Problem Sheet with a detailed description of where the additional citation is needed and why. Cite checkers adding citations will create confusion when the Editorial Board later refers to the Source Binders for that manuscript, and can render the Source Binder useless.

4. Insert Permalinks into Article

In an effort to avoid “link rot”, which occurs when dynamic URLs (such as blogs and other Internet sources) change over time and become inaccessible at their original address, we will be creating “Permalinks” for all Internet sources. Permalink was pioneered by Harvard Law Review, and has quickly become the practice of other William & Mary Journals.

You will receive an email with a link to establish a Permalink password. Doing so will give you access to the site. The basic steps to creating a Permalink are as follows:

a. Click “Dashboard” in the upper right of the page. This will bring you to the main page with an open URL field.

b. Copy your URL into the open field as it appears in the article (test the link to make sure that it is still “live”), and then click the little infinity sign next to it to create a Permalink. The link that will be created (e.g., “http://perma.cc/df;kjsdnflksdjfnldskjf”) will appear on your screen, and is also accessible under the “Links” tab on the left. The program will generate a preview of the site for you to verify that it’s the correct link.

c. Click on the link generated to review it. Then click “vest” at the top of the page.

d. File your link under the appropriate author’s folder, and label it with the appropriate footnote (e.g., “FN16(2)”, filed under Pacces). To do this, click on the Links tab, select the box next to the link you just created, and use the dropdown menu “Move Selected Item” to deposit the link in the appropriate folder. I have added a couple examples under Pacces for Issue 1.

e. Lastly, update your footnotes in the manuscript to include the new Permalink. The BLR convention is to cite with a comma immediately following the URL, ”archived at” (in italics), and then the Permalink followed by any explanatory parenthetical, semicolon, or period, depending on the context. This article provides


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some good examples of proper citation format in the first couple pages: http://cdn.harvardlawreview.org/wp-content/uploads/2014/06/vol127_west.pdf

You may run into issues with Google archives and similar sites. If you run into issues creating links, make note of it on the problem sheet.

If the URL is following an “available at” you should only include the Permalink, without “archived at”. If you are working with a blog or a website (i.e., something that would not be preceded by “available at”), you should still use “archived at” to introduce the Permalink. See examples below.

Thomas Schneeweis et al., Alternative Investments in the Institutional Portfolio 2-3, 9-10 (Mar. 2002) (unpublished manuscript), available at http://perma.cc/#permaalldaye’ryday.

vs.

UK Suffers Hedge Fund Blow, FIN. TIMES (May 13, 2010, 10:43 PM), http://www.ft.com/intl/cms/s/0/f583a770-5ed4-11df-af86-00144feab49a.html#axzz3Di2RGLQ5, archived at http://perma.cc/allidoisperma (explanatory parenthetical).

5. Upload Entire Article on Dropbox and Notify your AE/NE by Email that the Cite Check Is Complete.

This edition of The Bluebook retains the same basic approach to legal citation established by its predecessors. The layout of The Bluebook has been updated to make the information easier to access. Some citation forms have been expanded, elaborated upon, or modified from previous editions to reflect the ever-expanding range of authorities used in legal writing and to respond to suggestions from the legal community. Here are some of the more noteworthy changes:

The Bluepages, introduced in the Eighteenth Edition, have been considerably overhauled for the Twentieth Edition. The Bluepages now parallel the Whitepages-helping practitioners cite a broader range of sources and greatly improving cross-references. Typeface rules have been relaxed to accommodate practitioner use of LARGE AND SMAlL CAPs.

has also been expanded to include more local court citation rules.

In addition to edits for clarity, concision, and consistency, the Twentieth Edition contains the following significant changes: Rule 1.4(e) clarifies the order of authories when federal and state legislative materials are cited together. In rule 1.5(b), the order of parentheticals has been changed to reflect the removal of the "internal quotation marks omitted" and "available at" parentheticals. Rule 3.2(b) provides additional guidance for citing a range of pages and a single footnote within the range in the same citation. Rule 3.5 provides guidance on the naming conventions for subdivisions that are numbered or otherwised designated in a piece. Rule 5.2(d)(i) no longer requires indicating the omission of internal quotation marks. Rule 5.2(f) provides guidance on the use of internal qnotation marks. Rule 10.2.1(f) requires the omission of all geographical terms that follow a comma. Rule 10.2.2 clarifies that words in a case name that would be abbreviated according to table T6 should not be abbreviated if the words are part of a state, country, or other geographical unit that is the entire name of a party. Rule lO.9(a)(iii) provides additional guidance on the formation of slip opinion short forms. Rule 11 now provides guidance on the citation of multiple amendments, sections within the same article, and clauses within the same section. Rule 12.9.4 combines former rules 12.9.4 and 12.9.5, provides guidance on citing principles, and revises the citation format of model codes, restatements, standards, and guidelines. Dean Richard Revesz and Professor Robert Sitkoff provided valuable advice and assistance in revising this rule. Rule 13.5 clarifies what year should be cited when a debate occurs in a different year from publication in the Congressional Record. Rule 14.2(b) has been expanded to include detailed information on citing comments to agencies. Examples of citing guidances and manuals have been included in rule 14.2(d) as well as detailed information on citing opinion letters. Rule 14.4 provides detailed information on citing administrative sources found on commercial electronic databases. The citation formats for BALLENTINE'S LAw DICTIONARY and BLACK'S LAw DICTIONARY have been updated in rule 15.S(a). Rule 15.9 removes language

William & Mary Business Law Review Appendix

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that requires the use of "available at" in parallel citations. New. rule 15.9(c) introduces a citation format for ebooks, stipulating that the print versions of books are authoritative, but that ebooks may be cited if they are the sole media through which the book is available. Rule 16.6(a) requires that opinion pieces in newspapers be cited as "Opinion" rather than "Op-Ed." Rule 16.6(f) clarifies that online newspapers may be used in place of print newspapers. Rule 18 has been updated in a number of areas to account for the increasing use and varied forms ofInternet sources. The rule no longer separately categorizes Internet citations as either direct or parallel; all citations are treated as direct. Rule 18.2.1(b)(ii) provides for the direct citation of Internet sources that share the characteristics of a print source such that they can be fully cited according to another rule, whether or not the source is in print. Rule 18.2.1(d) provides guidance on how to cite Internet sources using archival tools. Rule 18.2.2(a) provides guidance on Citing author information on social media platforms. Rules 18.2.2(b) (iii) and 18.2.2(b)(v) detail how to cite titles for blogs contained within a larger website and titles for social media posts, respectively. Rule 18.3 now catalogs where within The Bluebook guidance is provided for citing various sources found on commercial electronic databases. Rule 21 has been expanded to include new rules for citing materials from the International Monetary Fund and the International Criminal Court and has adopted simpler ways of citing United Nations documents. We are grateful to the American Society of International Law for its assistance with rule 21 and tables T3, T4, and T5.

The tables have been updated and expanded. Table Tl has been revised to reflect the most current titles for the various statutory compilations, session laws, and administrative compilations and registers. The abbreviations following the states and District of Columbia in table T1.3 have been revised to follow the abbreviation convention for jurisdiction names in the date parenthetical of cases. The citation formats for these sources have been updated to reflect as accurately as possible the unique breakdown of information within each. Table T2 has been updated to reflect changes in local law and legal citation. The compilers are indebted to the following experts in foreign legal citation for their help in enhancing table T2: Zsuzsanna Antal, Francisco A. Avalos,Annette 1. Demers, Christoph Malliet,Yukino Nakashima, E. Dana Neacsu, and Charlotte Stichter. The format of table T13 has been changed from an inclusive list of periodicals to a more general guide to abbreviating periodicals. Table T13.1 contains the abbreviations of common institutional names and table T13.2 lists common words for in periodical titles. The table also prescribes abbreviating geographical terms according to table TI0. If a word in a periodical title is not included in any of the previously listed tables, revamped table 13 prescribes including the full word. Terms have been added to tables T6, T8, T14, and, T1S as appropriate.

The compilers wish to thank our Coordinating Editor Mary Miles Prince for working with us in revising, clarifying, updating, and improving The Bluebook. The compilers would also like to acknowledge outside commentators who contributed their expertise to the Twentieth Edition of

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The Bluebook. The compilers are grateful to the law journal editors, law librarians, and practitioners who responded to our call for suggestions with helpful advice and comments.

Finally, the compilers request that any errors, omissions, or suggestions for revisions be reported to the Harvard Law Review, Gannett House, 1511 Massachusetts Ave., Cambridge, Massachusetts 02138.

The Bluebook.·A Uniform System of Citation is compiled by the editors of the Columbia Law Review, the Harvard Law Review, the University of Pennsylvania Law Review, and The Yale Law Journal. The Bluebook is published and distributed by the Harvard Law Review Association. The Coordinating Editor of The Bluebook is Mary Miles Prince, Associate Director for Library Services, Vanderbilt University Law School Library, with special editorial assistance on the citations of foreign jurisdictions from the Directorate of Legal Research of the Law Library of Congress.


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THE INTERNET, ELECTRONIC MEDIA, AND OTHER NONPRINT RESOURCES

This rule covers citation of information found on the Internet (rule 18.2); widely used commercial databases such as Westlaw and LEXIS (rule 18.3); CDROMs (rule 18.4); microform (rule 18.5); films, broadcasts, and noncommercial video materials (rule 18.6); and audio recordings (rule 18.7).

1S.1 Basic Citation Fonns (a) Internet Sources (rule 18.2)

Authenticated or OFFICE OF MGMT. & BUDGET, A NEW ERA OF official documents RESPONSIBILITY: RENEWING AMERICA'S PROMISE

(2009).

Unaltered scanned United States v. Grigg, 498 F.3d 1070, 1072-73 copies of print sources C9th (ir. 2007).

Documents for which print copy is practically unavailable

Electronic version improving reader access to source also available in print

Online-only sources

Subheadings linked from main page of website

Dynamic webpages, such as blogs

Online sources requiring form, query, or unwieldy URI.

Online sources that preserve original pagination, such as a PDF

Conference Report, German Soc'y for Contemporary Theatre and Drama in English, Mediated Drama/Dramatized Media: From Boards to Screens to Cyberspace Oune 17-20, 1999), http://www.philhist.uni-augsburg.de/ cde/conf/1999·

SANTA MONICA, CAL., MUN. CODE ch. 3.20 (1976), http://qcode.us/codes/santamonica/.

BEN & JERRY'S HOMEMADE ICE CREAM, http:// www.benjerry.com (last visited Oct. 6, 2008).

David S. Cloud, Gates Budget Eyes Next Gen. Warfare, POLITICO (Apr. 12, 2009, 3:54 PM), http://www.politico.com/news/ stories/0409/21123.html.

Asahi Shimbun, A-Bomb Disease Ruling, JAPANESE L. BloG (Mar. 27, 2009, 9:29 PM), http://japaneselaw.blogspot.com/ search?q=A-Bomb+Disease+Ruling.

Driving Directions from N.Y.C. to New Haven, CT, GOOGlE MAPS, http://maps.google.com (follow "Directions" hyperlink; then search starting point field for "New York, NY" and search destination field for "New Haven, CT"

Kenneth W. Simons, Retributivists Need Not and Should Not Endorse the Subjectivist Account of Punishment, 109 COlUM. L. REV. SIDEBAR 1, 3 (2009), http://columbialawreview.org/wpcontent/uploads/2009/03/1_Simons.pdf.


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Dynamic websites, such as blogs, within larger websites

Social media posts

Archived sources

Vanessa Williams, "The Cosby Show" and the Black American Dream, WASH. POST: SHE THE PEOPLE (Oct. 12, 2014), http://www. wash ingtonpost.com /blogs/ she-the-people / wp / 2014/ 10 / 12/the-cosby-show-and-the-blackamerican-dream.

jeffrey Toobin (@jeffreyToobin), TWITTER (Aug. 30,2014,6:10 AM), https://twitter.com/ jeffreyToobi n / status/ 505 704145035468800.

Rocio Gonzalez, Puerto Rico's Status Debate Continues as Island Marks 61 Years as a Commonwealth, HUFFINGTON POST Ouly 25, 2013,9:00 AM), http://www.huffingtonpost. com/2013/ 07 / 25/puerto-rico-statusdebate_n_36 5175 5. htm I [http://perma.cc/C6UP-96HN].

(b) Non-Internet Electronic Sources (nilles 7)

Commercial electronic databases

Electronic storage media

Microform collections

Films and broadcasts

Commercial audio recordings

Non-commercial recordings

Podcasts

The Internet

Bissinger v. City of New York, Nos. 06 Civ. 2325(WHP), 06 Civ. 2326(WHP), 2007 WL 2826756, at *3 (S.D.N.Y. Sept. 24, 2007).

46 C.F.R. § 57.105(a) (Westlaw Desk Code of Federal Regulations CD-ROM, current through july 1,1999).

Petition for Writ of Certiorari for DefendantAppellant, Cosman v. United States, 471 U.s. 1102 (1985) (No. 84-1585), microformed on U.S. Supreme Court Records and Briefs (Microform, Inc.).

THE GODFATHER (Paramount Pictures 1972).

BEYONcE, DANGEROUSLY IN LOVE (Columbia Records 2003).

Videotape: Andrew Haber Monologue Series (Scarsdale A/V Services 2008) (on file with author).

This American Life: Mistakes Were Made, CHICAGO PUBLIC RADIO (Apr. 13, 2009) (downloaded using iTunes).

The Bluebook requires the use and citation of traditional printed sources when available, unless there is a digital copy of the source available that is authenticated, official, or an exact copy of the printed source, as described in

I.

18.2


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The rules that follow offer guidance in formatting Internet citations. lays out general principles applicable to all Internet citations. sets out rules for direct citations to Internet sources. E-mails should be treated as unpublished letters per

(a) Sources that can be dted as if to the original print source. When an authenticated, official, or exact copy of a source is available online, citation can be made as if to the original print source (without any URL information appended). Many states have begun to discontinue printed official legal resources, instead relying on online versions as the official resourceS for administrative or legislative documents. The federal government is also moving toward increasing access to online versions of legal documents, though it continues to publish official print versions.

(i) Authenticated documents_ When citing to such materials, The Bluebook encourages citation to "authenticated" sources: those that use an encryptionbased authentication method, such as a digital signature or public key infrastructure, to ensure the accuracy of the online source. Generally, an authenticated document will have a certificate or logo indicating that a government entity verified that the document is complete and unaltered.

(ii) Official versions. Some states have deSignated, either by legislation or other official mechanism, that the online source is the "official" source for a particular legal document. Some online publishers similarly make a distinction as to whether the document has been approved by, contributed by, or harvested from an official source by the content originator, designating such a document "official." Generally, The Bluebook prefers citation to an authenticated source, or, if none is available, to the "official" source.

(iii) Exact copies. An exact copy is one that is an unaltered copy of the printed source in a widely used format that preserves pagination and other attributes of the printed work (such as Adobe's portable document format, or "PDF").

(b) Sources where the URL sh.ould be appended.

(i) Obscure sources. If the cited information is available in a traditional source but such source is so obscure as to be practically unavailable, or if a parallel citation to an Internet source will substantially improve access to the source cited, citation should be made both to the traditional source and to the Internet source by appending the URL directly to the end of the citation.

(ii) Online sources with print characteristics_ If an online source shares the characteristics of a print source such that it could be fully cited according to another rule in The Bluebook, the citation should be made as if to the print source and the URL appended directly to the end of the citation, even if it is unIrnown whether the cited information is available in print.

FED. TRADE COMM'N, CONSUMER FRAUD IN THE UNITED STATES

12 (2007), http://www.ftc.gov/sites/default/files/documents/ re po rts / co ns u mer -fra u d -united -states-seco n d -fed e ra 1-trad eco m miss ion -su rvey-sta ff- re po rt -fede ra 1-tra d e / fra u d. pdf.

Tim Ganser & Stan Veuger, Strategic Voting in Proportional Representation Systems 28-29 (Am. Enter. Inst., Working Paper No. 2014-02, 2014), http://www.aei.org/wp-content/

I I I I I I I I I I I I I I I I I I I


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uploads/ 2014/ 02/ -veuger-strategic-voti ng-econ-working-. paper_0853077 49177 .pdf.

To share the characteristics of a print source, an online source must be a version permanently divided into pages with permanent page numbers, as in a PDF, and have the elements that characterize a given print source, such as a volume number (for law review articles and the like) or publication date (for magazine articles and the like).

If an online source can be formatted in full compliance with another rule in The Bluebook, for purposes of citation style it does not matter whether that source has in fact been published in print. As noted above, traditional printed sources or authenticated digital copies are required as a matter of authority; this does not, however, affect the citation rules for print-like online sources.

(c) Order of authorities and parentheticals. A citation to an online source that shares the characteristics of a print source such that it could be fully cited according to another rule in The Bluebook does not affect the order of authorities under The source is ordered in the same way that the traditional printed source would be:

See Marcel Kahan & Edward B. Rock, Corporate Constitutionalism: Antitakeover Charter Provisions as Pre-Commitment, 152 U. PA. L. REV. (forthcoming Dec. 2003), http://ssrn.com/abstract=416605; Interview with Morris Kramer, Partner, Skadden, Arps, Slate, Meagher & Flom, in N.Y.C., N.Y. (Mar. 14, 1997) (discussing the limitations of shareholder rights plans).

When such a citation requires multiple parentheticals, place them in the order indicated in Thus, the URL of a source cited in accordance with should follow format-related parenthetical information (such as "on file with author," "unpublished manuscript," or "emphasis added") and related authority parentheticals (such as "citing" or "quoting"), but precede explanatory parentheticals:

Polly J. Price, Precedent and judicial Power After the Founding, 42 B.C. L. REV. 81, 84 (2000) (emphasis added) (citing GUIDO CALABRESI, A COMMON LAW FOR THE AGE OF STATUTES 4 (1982)), http://lawdigitalcommons.bc.edu/cgi/viewcontent. cgi?article=2166&context=bclr (discussing precedent in the context of statutory construction).

(d) Archival. Archiving of Internet sources is encouraged, but only when a reliable archival tool is available. For citations to Internet sources, append the archive URL to the full citation in brackets:

Tom Goldstein, Somewhat Significant Settlement, SCOTUSBLOG (Feb. 7, 2005, 8:54 PM), http://www.scotusblog.com/2005/02/ somewhat-signiFicant-settlement [http://web.archive.org/ web/20050208081922/WWW.scotusblog.com/movabletypej.

Letter from Rose M. Oswald Poels, President/CEO, Wis. Bankers Ass'n, to Elizabeth M. Murphy, Sec'y, SEC (Sept. 17, 2013), http:// www.sec.gov/comments/ S7-03-13/S70313-178.pdf [http://perma. cc/B7Z7D9DJ].


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An Internet source that cannot be cited according to another rule in The Blue-book as stated in accordance with should be cited as if to the original print source in accordance with or according to this rule. All efforts should be made to cite to the most stable electronic location available. The Internet citation should include information designed to facilitate the clearest path of access to the cited reference, including the title, pagination, and publication date as they appear on the webpage. The Internet URi should be separated by a comma and appended to the end of the citation.

(a) Author. When available, provide author information in ordinary roman type. When no author is clearly announced, omit author information from the citation unless there is a clear institutional owner of the domain. Abbreviate the name of an institutional author according to

Eric Posner, More on Section 7 of the Torture Convention, VOLOKH CONSPIRACY Oan. 29, 2009, 10:04 AM), http://www.volokh.com/ postS/1233241458.shtml.

Pavement Planning New Album Release, GLIDE MAG. (Nov. 6,2009), http://www.glidemagazine.com/14807 / pavement-planning-new-album·release.

If domain ownership is clear from the website's title, omit the name of the institutional author:

DUNKIN' DONUTS, http://www.dunkindonuts.com (last visited Feb. 1,2009).

The Butterfly Conservatory, AM. MUSEUM NAT. HIST., http://www. amnh .org/ exhibitions/ current-exhi bitions/the-butterfly-conservatory. (last visited Nov. 25, 2009).

For postings and comments, cite using the username of the poster. Comments should include the author of the comment when available but need not include the author of the original post:

Martinned, Comment to More on Section 7 of the Torture Convention, VOLOKH CONSPIRACY Oan. 29, 2009, 11:02 AM), http://www. volokh.com/posts/1233241458.shtml.

For social media feeds, provide the author's name if discernible and verified. If the author uses a username or handle on the social media platform, include the username or handle in parentheses after the name or, if the name is not discernible and verified, use only the username or handle. After author information, include the title of the post if applicable and the name of the social media platform:

November Project, The Bubble Is GONE!, FACE BOOK (Mar. 19, 2014), https:/ /www.facebook.com/media/ set/?set=a. 516646258443810 ·1073741983.246449015463537&type=1.

Wendy Davis (@wendydavistexas), INSTAGRAM, http://instagram. com/wendydavistexas (last visited May 20,2014).

@LegaIRebels, TWITTER (Mar. 24, 2014, 10:36 AM), https://twitter. com/ LegalRebels/ status/ 4481514 33222062080.


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(b) Titles. Titles should be used to indicate the location of the page being viewed in relation to the rest of the site. Titles should be taken either from the "title bar" at the top of the browser or from any clearly announced heading identifying the page as it appears in the browser. All efforts should be made to include a title that sufficiently identifies the page but that is not unwieldy, long, uninformative, or confusing. Do not italicize descriptive titles.

Weird and Dumb International Laws, jUSTICEDAILY.COM, http:/ / www.justicedaily.com/weird/part2.html (last visited May 21,

2004)·

Weird Law and Dumb LaW-Legal jokes, Lawyer jokes, Humor, Law, jUSTICEDAILY.COM, http://www.justicedaily.com/weird/part2. html (last visited May 21,2004).

(i) Main page titles. The citation should always include the homepage or domain name of which the particular citation is a part, referred to here as a "main page title." The website's main page title should be cited using large and small caps. Capitalization should conform to the title as it appears on the site. Main page titles should be abbreviated in accordance with and r 1

DAILY I(os, HTTP://WWW.DAILYKOS.COM (LAST VISITED JAN. 19, 2009).

(li) Titles for pages other than the main page. The title of the specific pages within the domain name and linked from the main page, for example postings or comments to postings, should also be included where relevant. Titles to subheadings should appear in italics. Follow standard rules for capitalizing the titles of sources in accordance with 8, even if the title bar uses nonstandard capitalization. Where appropriate, subheadings should include language indicating the page's relation to the page to which it responds:

David Waldman, This Week in Congress, DAILY I(os Oan. 19, 2009, 6:30:04 AM), http://www.dailykos.com/ storyonly /2009/1/18/235223/489/683/685802.

Packerland Progressive, How Is Sec 115 Constitutional Under INS v. Chadha?, Comment to This Week in Congress, DAILY I(os Oan. 19, 2009,9:20 AM), http://www.dailykos.com/ storyonly /2009/1/18/235223/489/683/685802.

(iii) Titles for blogs contained within a larger website. If the cited source is published under the name of a blog that has its own content and presence within a larger website, both the name of the site and the name of the blog should be included:

Emmarie Huetteman, 2016 Republican Prospects Spar Over Ukraine, N.Y. TIMES: THE CAUCUS (Mar. 9, 2014,2:57 PM), http://thecaucus.blogs.nytimes. com / 2014/ 03/ 09 / 2016-republican-prospects-spar-over-u kraine.

Andrew Morse, Credit Suisse Is Latest Swiss Bank Humbled by U.S. Tax Evasion Crackdown, WALL ST. j.: L. BLOG (May 19,2014, 5:04 PM), http://blogs.wsj.com/law/2014/05/19/credit-suisseis-latest-swiss-bank-humbled-by-u-s-tax-evasion-crackdown.


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(iv) Descriptive titles. If the page's headings are not sufficiently clear, a descriptive title can be used:

Archive of Columns by William Safire, N.Y. TIMES, http://www. nytimes.com/top / opi n ion/ ed itorialsandoped/ oped / colum nists/ williamsafire (last visited jan. 17, 2004).

Review of The Hitchhiker's Guide to the Galaxy: Collector's Edition, ROTTEN TOMATOES, http://www.rottentomatoes.com/m/hitchhikers_guide_to_the_galaxy-the_collectors_edition (last visited jan. 6, 2004).

(v) Titles for sodal media posts. If the content is contained on a social media website, place titles, if applicable, between the author information and the platform identification. Only include a title if one is clearly intended and conveyed; otherwise omit:

November Project, The Bubble is GONE!, FACEBOOK (Mar. 19, 2014), https:/ /www.facebook.com/media/set/?set=a.516646258443810

·1073741983·246449015463537&type=1.

Ted Cruz (@SenTedCruz), TWITTER (Mar. 27, 2014, 9:35 AM), https:/ /twitter.com/ Sen T edCruz/ statuses/ 44922 3209058332672.

Eugene Volokh, LINKEDIN, http://www.linkedin.com/pub/eugenevolokh/9a/5bb/b07 (last visited Mar. 27, 2014).

(c) Date and time. The date should be provided as it appears on the Internet site. Use only dates that refer clearly to the material cited. The date should be indicated after the main page title and any pinpoint citation:

Ashby jones, Activists, Research Facilities Taking Disclosure Battles to Court, WALL ST. j.: L. BLOG (Feb. 26, 2009, 9:40 AM), http://blogs.wsj.com/law /2009/02/26/ activi sts-resea rch -faci liti es-ta ki ng -d i sc los u re- battles-to-the-co u rts.

If there is no date associated with the specific subject matter of the citation, "last updated" or "last modified" dates should be supplied in a parenthetical after the URL. "Last updated" or "last modified" dates or copyright designations that refer to a site as a whole should not be used for dynamic sites that are updated regularly:

Dale Fast, History of Biology and Medicine, SAINT XAVIER U., http:// faculty.sxu.edu/ -fast/general_biology/history.htm (last updated Oct. 31, 2001).

When material is otherwise undated, the date that the website was last visited should be placed in a parenthetical after the URL:

YAHOO!, http://www.yahoo.com (last visited Dec. 15, 2004).

If an archival tool that indicates when a source was archived is utilized, it is not necessary to include a "last visited" parenthetical after the URL.

Blogs and other dynamic sites that are updated frequently should include a timestamp whenever possible. Especially when the citation is for a comment to a

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- 91 -

posting or is otherwise easily identifiable by the time of its posting, the timestamp listed on the subheading should be included with the date:

Donn Zaretsky, Ruling Is a Setback for Sports Artist, ART L. BLOG (Aug. 26, 2009, 10:51 AM), http://theartlawblog.blogspot.com.

(d) The URL. A site's Internet address, or URL, should point readers directly to the source cited rather than to an intervening page of links. If the URL is straightforward, then cite the entire URL as it appears in the address bar of the browser:

Stanley Kubrick Biography, MOB, http://www.imdb.com/name/ nmoooo040/?reC =nv_sr_2 (last visited Feb. 28, 2015).

Stanley Kubrick Biography, IMDB, http://imdb.com (search in search bar for "Stanley Kubrick"; then follow "Biography" hyperlink under "Quick Links") (last visited Feb. 28, 2015).

Alternatively, the root URL of the site from which information is accessed may be used if (1) the URL is long, unwieldy, or full of nontextual characters (such as question marks, percentage signs, or ampersands); or (2) the source may only be obtained by submitting a form or query. If the root URL is used and the site's format is not clear from the rest of the citation, a clarifying parenthetical should be added to explain how to access the specific information to which the citation refers:

http://fjsrc.urban.org/noframe/wqs/q_data_1.htm#2001 (follow "2001: AOUSC out" hyperlink; then follow "Offenses: TTSECMO" hyperlink).

http://fjsrc.urban.org/noframe/wqs/q_e.cfm?cat=3&year=2001 &agency=AOUSC&saf=out&vart= TTSECMSO.

Note that some URLs are case sensitive, so cite URLs as they appear in the Internet browser.

(e) Multiple URLs. Some popular sites are served by more than one URL. In these cases, a proper citation should use the primary URL rather than a URL that links to an alternate server:

MACY's, http://www.macys.com (last visited Feb. 28, 2015).

MACY'S, http://www1.macys.com (last visited Feb. 28, 2015).

(f) Document format. If a document is available both in HTML format and in a widely used format that preserves pagination and other attributes of printed work (such as Adobe's portable document format, or "PDF"), the latter should always be cited in lieu of an HTML document:

Elizabeth McNichol & Iris J. Lav, New Fiscal Year Brings No Relief from Unprecedented State Budget Problems, CTR. ON BUDGET & POL'y PRIORITIES 1 (Sept. 3, 2009), http://www.cbpp.org/9-8-08sfp.pdf.

Elizabeth McNichol & Iris J. Lav, New Fiscal Year Brings No Relief from Unprecedented State Budget Problems, CENTER ON BC;:>GET & POL'y PRIORITIES 1 (Sept. 3, 2009), http://www.cbpp.org/9-8-08sfp.htm.


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18.3

18.4

18.5

(g) Pinpoint citations. If the cited document is rendered in a format that preserves the pagination of a print version (such as a.PDF file), pinpoint citations should be provided where appropriate. Page numbers should always refer to the numbers that appear on the document itself. Do not use "screen numbers" or other numbers that may appear in a software viewing window or scroll bar. When there is pagination information available, it should be included between the domain name and the date or URL, whichever comes first.

Commercial Electronic Databases

Because of the reliability and authoritativeness of LEXIS, Westlaw, Bloomberg Law, and other commercial electronic databases such as Dialog, cite such sources, if available, in preference to the other sources covered by Citations to these electronic databases should be consistent with this present nue regardless of whether the databases are accessed through proprietary software or through a website such as http://www.westlaw.com or http://www.lexis. com. For guidance as to the specific use of commercial electronic databases, see the following niles:

Cases Constitutions Statutes Legislative Materials Regulations Books, Reports, and Other Nonperiodic Materials. Periodical Materials .

CD-ROM and Other Electronic Storage Media

(a) Print form preferred. Information found on CD-ROM or other medium of electronic distribution (flash drive, etc.) is usually available in print form, and citation to the print form is preferred. If the information is accessed by electronic storage medium, however, it should be cited to that medium.

(b) Citation format. When citing CD-ROM or other similar media, include the title of the material, the publisher of the CD-ROM, the version searched, and the date of the material, if available, or the date of the version searched. The information may be provided in a source-date parenthetical or, if the information is voluminous, as related authority (nde .6):

7 LAWRENCE P. KING, COLLIER ON BANKRUPTCY '11700.02 (Matthew Bender Authority Bankruptcy Law CD-ROM, rel. 13, Aug. 1999).

Microform

In general, when a document is reproduced in microform, it is not necessary to indicate this fact unless it would otherwise be difficult for a reader to identify and obtain the source. When citing material as "microformed on" a service, provide a complete citation to the original document and a citation to the microform in accordance with 1 regarding citations to related authority. If the microform service assigns a unique identifier or code to each document

'I! ...... .

'fl.'.

If '.

,,) .

fl. ..

I I I I' I I I I I I I I I :1

I I I I :1


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reproduced, include that identifier to assist the reader in locating the document cited. Include the name of the publisher of the microform series in parentheses, abbreviated according to rule 15.1(d):

~ CAL. CODE REGS. tit. 26, § 23-2631(g) (Barclay's 1990), microformed on Cal. Code of Reg. 1990 Revised Format, Fiche 143 (Univ. Microforms Int'O .

... ApPLICATION OF EMPLOYER SANCTIONS TO LONGSHORE WORK, H.R. REP. No. 101-208 (1989), microformed on CIS No. 89-H523-17 (Cong. Info. Serv.).

~ S. 1237, 99th Congo § 505 (1985), microformed on Sup. Docs. No. Y 1.4/1:99-1237 (U.s. Gov't Printing Office).

Microform Collections Containing Original Materials

When a microform collection contains materials original to that collection, identify the microform set and its publisher, and use the publisher's system for identifying individual forms within the set. Use rule 18.5.1 as a guide.

18.5.2

Films, Broadcasts, and Noncommercial Video Materials 18.6 Cite films in large and small capitals, and television or radio broadcasts in ital-ics, by title, episode name (if available), and exact date (if available). Include the name of the company or network that produced the film or broadcast. If there is no information as to the producer of the broadcast, include the name of the company or network that aired the broadcast:

... AIRPLANE! (Paramount Pictures 1980) .

... Law & Order: Tabula Rasa (NBC television broadcast Apr. 21, 1999).

Cite video materials containing images that have not been commercially displayed or broadcast by the medium of the material, the title of the video or DVD (if any), the name of the person or institution that produced the video, and the year of production. Timestamps may be used for designating pinpoint citations, but they are not required:

... Videotape: Installing Your CLS-2009 (Emily Weiss Electric Co. 1995) (on file with the Arlington Public Library) .

... DVD: 2004 Yale Law Revue (Yale Media Services 2004) (on file with author).

When a television broadcast is also available online, a citation to the online source is acceptable in accordance with rule 18.2.2.

If the video was originally broadcast online, cite per rule 18.2.2 for dynamic websites. Consistent with the general principles of this rule, all efforts should be made to cite to the distinct URL for the specific video. Use the creator of the video as the author if available; otherwise treat the person who posted the video as the author. When the site indicates that the video contains contents from another source, use an explanatory parenthetical to indicate that source:

... Periodicvideos, Chocolate and Roses (version 1) - Periodic Table of Videos, YOUTUBE (Feb. 10, 2009), http://www.youtube.com/watch ?v=3ALAZdsgu08&feature=dir.


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18.7 Audio Recordings

Cite commercial recordings by artist and album title or record title, providing the name of the recording company and the date of release (if available):

MC HAMMER, PLEASE HAMMER DON'T HURT 'EM (Capitol Records 1990).

THE BEATLES, SGT. PEPPER'S LONELY HEARTS CLUB BAND (Capitol Records 1990) (1967).

If a particular song or musical work is referred to, cite it by analogy to shorter works in a collection according to ! Timestamps may be used for designating pinpoint citations, but they are not required:

EARTH, WIND & FIRE, September, on THE BEST OF EARTH, WIND & FIRE, VOL. 1 (Am. Recording Co. 1978).

If the recording referred to is not commercially available, use ordinary roman type and indicate parenthetically where a copy may be obtained. Timestamps may be used for designating pinpoint citations, but they are not required:

Audio tape: Conference on Business Opportunities in Space, held by the Center for Space Policy, Inc., and the Commonwealth of Massachusetts (Mar. 3-5, 1986) (on file with author).

If the audio recording was accessed online or is available only online, it should be cited using the principles of If there is no stable URL available to facilitate access to the source, an explanatory parenthetical should be added explaining how the source should be accessed. Timestamps may be used for designating pinpoint citations, but they are not required:

War of Words: judith Thurman Discusses Scrabble, Both Online and Of{, THE NEW YORKER Oan. 19, 2009), http://www.newyorker.com/ on line I 2009 I 011 19 I 0901190n_audio_thurman.

Splitting Verbs, Grammar Girl's Quick and Dirty Tips for Better Writing (Feb. 26, 2009) (downloaded using iTunes).

18.8 Short Citation Forms

(a) Internet. When citing to a previously referenced Internet site, use a "supra" form with the last name of the author, if any, or the title or description of the document." Id." may also be used in accordance with If various subsections of a website with no author are cited or if more than one posting by a given author is cited, include the subsection title. A URL need not be repeated after a full citation:

I I I I I I I I I I I ,-c

~. I I

I'''~--

~.' I I

"''" ; I 'Ii .. _ I ~> I ~i I ~ ..


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1 See Douglas Gantenbein, Mad Cows Come Home, SLATE Oan. 5, 2004,12:10 PM), http://www.slate.com/articles/news_and_politics/the_besCpolicy / 2004/ 01/ mad_cows_come_home. htm!.

2 PFIZER, INC., http://www.pfizer.com (last visited Jan. 17, 2004).

3 Gantenbein, supra note 1; PFIZER, INC., supra note 2.

(b) Commercial electronic databases. For materials available on an electronic database, use a unique database identifier, if one has been assigned, in constructing a short form:

In1'l Snowmobile Mfrs. Ass'n v. Norton, No. oO-CV-229-B, 2004 WL

2337372, at *3 (D. Wyo. Oct. 14, 2004).

Int'l Snowmobile, 2004 WL 2337372, at *3.

Chavez v. Metro. Dist. Comm'n, No. 3:02CV 458(MRK), 2004 U.s. Dist. LEXIS 11266, at *5 n.3 (D. Conn. June 1,2004).

Chavez, 2004 U.S. Dist. LEXIS 11266, at *5 n.3.

(c) CD-ROM and microform. When citing a separately published document available on CD-ROM or microform, use the short form appropriate for the original document; it is not necessary to indicate the source once it has been given in the first full citation.

(d) Films, broadcasts, and audio recordings. When citing films, broadcasts, and audio recordings, "id. " and "supra" may be used according to

4 Nightline: Microsoft Monopoly (ABC television broadcast Apr. 3, 2000) (transcript on file with the Columbia Law Review).

Sid.

6 See id.; MEAT LOAF, For Crying Out Loud, on BAT OUT OF HELL

(Epic Records 1977).

7 MEAT LOAF, supra note 6; see also Nightline: Microsoft Monopoly, supra note 4 (describing Microsoft's response to the court ruling).


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EDITING SYMBOLS

Symbol Function ExampleDelete Take itit out.

o andInsert at this point Frgotten letters words.

# # # Put in space Words runtogether.

^ ^Close up; no space Cor rects sk ips

Move word or words This here word belongsto point indicated

Transpose letters or words Fa t s typists mistakes make

Carry line of type to left Mistaken indentation corrected– � margin or right margin – in the manner shown here �

No ¶ Run two paragraphs This is not easy to illustrate. No ¶

However, it can be done.

¶ Start a new paragraph ¶ Paragraphs should rarely be longer thansix sentences.

œ • Indent We indent quotations of � fifty or more words. –

Lower case; upper case For example, we only Capitalize“court” when referring to the United States Supreme court.

Large and small capitals Familiar to all of you is Prosser, The Law of Torts.

Italic type Words with a single underline

Rom Rom Roman type Used when a word has been

italicized or put in Rom

LARGE AND SMALL CAPS incorrectly.

. , Insert period, comma Jones v Smith 102 US 94 (1962) . , . .

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Symbol Function Example

: ; Insert colon and semi-colon The court stated :

Correct punctuation is

essential thus, the lawyer ;

who cannot punctuate might

not be understood.

- -- Insert hyphen and dash This act of dormancy Professor --

Smith disagrees with me--is not

part of normal drug use testing. -

’ Insert apostrophe or Brennan’s dissent.single quotation marks

“ Insert double quotation marks He said, “I am not guilty.”

[ ] Brackets Used to supply necessary^ ^

words in a quotation

“The [defendant] pleaded ̂ ̂ contributory negligence.”

( ) Parentheses 388 U.S. 175 (1967). ^ ^ ^ ^ 1a Insert footnote The court did not find him

insolvent. 1a

2 Reorder Reorder Citations See, e.g., Anderson v. Anderson,

126 N.E.2d 726 (Ill. App. Ct. 1955); 1 Williams v. Williams, 9 S.2d 798

(Fla. 1942).

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