Module 4
Module 4
Introduction
NOTE:
Bluebook 21st edition only incorporates minor changes compared to Bluebook 20th
edition. Therefore, most of the content for this module is similar to the last module.
However, we will highlight the changes in comparison to the Module on 21st edition.
You have already understood the method of providing citations via footnotes. The
shortcut for footnoting a text is Ctrl+Alt+F (Cmd+Alt+F for MacBook users).
Our main focus is on the Whitepages of Bluebook because the style prescribed under
Whitepages is used primarily in academic settings, such as for law reviews, journals,
and other legal academic journal publications.
We also use Whitepages format for citation purposes of moot court memorials.
Let us understand the general citation formats for citing cases from India, United
Kingdom and the United States. After the video, we will understand the specific rules
provided by Bluebook, 21st Edition for citing case laws.
(The same citation format is followed for Bluebook 20th Edition)
Foreign Jurisdictions
Table 2.18 of Whitepages provides for certain citation formats that should be
followed while citing Indian sources.
Bluebook allows us to use short names for the cases that have been already cited in
your work. Usually, one party’s name or a readily identifiable shorter form of one
party is permissible for using as the short-form of the case. However, this is only done
if the reference is ambiguous.
Example:
Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579, 585 (1952).
becomes
OR
Youngstown, 343 U.S. at 585.
However, the short-forms should be used only if the full-form of the shortened name
has either been used in the same footnote or it has been mentioned in full (or referred
to by using Id) in the preceding five footnotes.
If one of the parties to a case is the state (Eg. Minnesota, India, etc), then the
shortened case name should not be shortened with respect to the state’s name.
Example:
United States (The United States Case) v. McMohan Brothers, 12 U.S. 123, 125
(1989).
If you want to identify the case by any other short-form, make sure that this is
mentioned in the original case citation as well.
Example:
Youngstown Sheet & Tube Co. v. Sawyer (The Steel Seizure Case), 343 U.S. 579,
585 (1952).
becomes
All parties other than the first one listed on each side are omitted, and any word that
indicates multiple parties is also omitted.
Example:
Phrases like “in the matter of”, “petition of” and similar expressions are abbreviated
to “In re”. Example: In re Will of Holt.
Apart from the widely known acronyms, the following words are abbreviated in the
main text and footnotes:
& – and
Co. – company
Ltd. – limited
Ass’n – association
Corp. – corporation
No. – number
Bros. – brothers
Inc. – incorporated
However, these 8 words will not be used in the abbreviated form if they begin a
party’s name.
“The” is omitted when it is the first word of a party’s name – except when it is a part
of the name of the object of an in rem action, or in cases where “The King” or “The
Queen” is a party.
Example:
Phrases like “City of”, “County of”, “Village of”, “Township of” are omitted unless
the expression begins with a party name.
Example:
Mayor of New York v. Clinton [not Mayor of the City of New York v. Clinton]
Example:
Garcia v. San Antonio metro. Transit Auth., 469 U.S. 528, 570 (1985) (5-4 decision)
(Powell, J., dissenting).
NOTE: Method of citing cases under international law have been mentioned
below
Statutes
Under this head, we will understand the citation rules provided by Bluebook for citing
statues from the U.S.A. the U.K., and India. Apart from Indian statutes, we will also
have a look at citation formats for Indian rules, circulars, directions, and guidelines.
If you can recollect, in the last module, we told you that 21st edition of Bluebook does
not require us to mention the year of the federal code (official or unofficial). This is
not the same for Bluebook 20th. We are required to mention the year for the official
or unofficial federal code. For statutes currently in force, they are cited as per the
current official code or its supplement. The format for citing them is as follows:
Template:
United States Code (U.S.C.) is the official federal code for the United States, and it
should be cited if available. However, if it is not available, we can cite unofficial
federal codes which include the United States Code Annotated (U.S.C.A.) and the
United States Code Service (U.S.C.S.).
Please remember that the same format will be applicable while citing an unofficial
codes.
Indian Statutes
Please note that Bluebook 20th edition does not provide a template format for citing
Indian statutes. However, it provides us with the following two examples for citing
Indian statutes:
Banking Regulation Act, No. 10 of 1949, INDIA CODE (1993), vol. 15.
lndustrial Disputes Act, No. 14 of 1947, INDIA CODE (1993), vol. 13.
NOTE: India Code in the aforementioned examples refers to a repository of all
enforced central and state acts linked with subordinate data like rules, regulations,
notifications, orders, circulars, ordinances and statutes. Most publishers do not require
you to mention the volume of India Code since they are not updated regularly.
Therefore, mentioning “India Code” and its relevant volume is not mandatory. In any
case, it is advised that you confirm the same from the publisher. If you are mandated
to cite India Code you may visit the following website: https://www.indiacode.nic.in/
The general format for citing Indian legislations (without mentioning India Code and
volume number) is as follows:
Template:
Act name, || No. || number of the Act || of || year of the act, || § || section number ||
(country abbreviation if not evident from context).
Example:
Indian Rules
There are various official publications [General Statutory Rules and Orders
(G.S.R.O.), Current Indian Statutes (C.I.S.) and Official Gazette of India], but they
are not as accessible or regularly updated as the Official Gazette of India. So as a
matter of best practice, let’s consider citing Indian Rules as per the Official Gazette of
India.
Please note here that since it becomes evident from the citation that the statute is from
India, therefore mentioning (India) is not mandatory. However, we do provide the
date of publication.
Template:
Example:
State Emblem of India (Regulation of Use) Rules, 2007, Gazette of India, pt. II sec.
3(i) (Oct. 4, 2007).
Oil Mines Regulations, 2017, Gazette of India, pt. II sec. 3(i) (Aug. 14, 2017).
NOTE: The abbreviation for the following codes are mentioned in Bluebook itself:
Template:
Example:
U.K. Statute
Template:
Statute short title, where available | year(s), | regnal year(s) for statutes enacted prior
to 1963 | c. | chapter number(s), | §(§) | section number(s), | sch(s). | schedule(s), if any
| (jurisdiction abbreviation if not evident from context).
Example:
Supreme Court of Judicature Act 1925, 15 & 16 Geo. 5 c. 49, § 226, sch. 6 (Eng.).
For statutes enacted after 1963, we can omit the regnal year. For example: Climate
Change Act 2008, c. 27 (UK).
U.K. Regulations
Template:
Example:
The Certification of Enforcement Agents Regulations 2014, SI 2014/421, art. 3, ¶ 3
(Eng.).
Bills
Under this head, we will understand the citation rules provided by Bluebook for citing
bills from the U.S.A. the U.K., and India.
U.S. Bills
For U.S. Bills, Bluebook provides for two different formats, for Federal Bills and
State Bill.
Name of the bill (if relevant), | abbreviated name of the house | number of the bill, |
number of the Congress | section (if any) | (year of publication).
Example:
Privacy Protection Act of 1998, H.R. 3224, 105th Cong. § 2(a) (1998).
Name of the legislative body | number of the bill, | number of the legislative body (or,
if not numbered, year of the body), | number or designation of the legislative session.
(abbreviated name of the state | year of publication)
Example:
Indian Bills
Template:
Bill name, | year of bill, | bill no. | bill number | of | year of bill, | § | section number |
(date of the bill) | (country abbreviation if not evident from context).
Example:
The Right to Information (Amendment) Bill, 2013, Bill No. 112 of 2013, §3 (August
5, 2013).
U.K. Bills
Template:
Bill name | session year, | abbreviation of applicable House of Parliament | Bill | [bill
number] | cl. | clause number | (jurisdiction abbreviation if not evident from context).
Example:
Assisted Dying for the Terminally Ill Bill 2004-5, HL Bill [17] cl. 2 (Gr. Brit.).
Criminal Justice (Justifiable Conduct) Bill 2004-5, HC Bill [36] cl. 2 (Eng.).
Constitution
U.S. Constitution
Template:
Indian Constitution
Template:
Example:
India Const. art. 269, amended by The Constitution (Eightieth Amendment) Act,
2000.
You must have noticed that Bluebook does not provide the method for citing U.K.
Constitution. This is because U.K. does not have a codified constitution. U.K.'s
constitutional law is mainly derived from the statutes, landmark judgments, as well as
many unwritten conventions which evolved over the years.
International Law Cases
Apart from providing specific citation styles for judgments given by the various
international courts, Bluebook also prescribes the following standard citation format
for citing international law cases:
Standard Template
Name of the case | case number | reporter, if any | nature of decision [judgment,
provisional measures, award, etc.] | paragraph numbers (if unavailable, use page
numbers instead) | (Court [if unclear from the citation], Year) | URL.
For statutes currently in force, they are cited as per the current official code or its
supplement. The format for citing them is as follows:
Template:
Note
One might wonder, why the names of parties were not listed in the second example.
The reason is simple- names of parties are not mentioned in Advisory Opinions of
I.C.J.
Example:
While mentioning the name of the case, we omit the words ‘the’ and ‘case’ under
Bluebook.
Example:
Continental Shelf
[not The Continental Shelf Case; Case concerning the Continental Shelf; Continental
Shelf Case]
For cases lodged before the ECJ since 1989, the case number will be prefixed by “C”;
older cases do not have any such prefix. For cases in the General Court, the prefix “T”
will be used and “F” for the Civil Service Tribunal.
Where the Commission, Council or the EU Parliament is one of the parties, the names
“Commission”, “Council”, or “Parliament” are used respectively.
Example:
Case 58/69, Elz v. Comm’n, 1970 E.C.R. 507. [Prefix ‘C’ not used because it is
before 1989]
The E.C.R. was discontinued after 2011. From 2012 onwards, you have to use
the European Case-law Identifier (ECLI) to cite EU court cases. For online sources of
pre-2012 cases, cite to Curia, the official website of the ECJ.
Bluebook does not provide templates to cite U.N. Sources. However, we can
understand the citation formats through various examples illustrated by the Bluebook.
G.A. Res. 217 (III) A, Universal Declation of Human Rights (Dec. 10, 1948).
Example:
U.N. Reports
Example:
Comm. On the Peaceful Uses of Outer Space, Rep. of the Legal Subcomm. on its
Fifty-Third Session, U.N. Doc. A/AC.105/1067
(2014), https://www.unoosa.org/pdf/gadocs/A_69_20E.pdf.
Example:
Example:
You must have noticed that apart from the method of citing US statutory codes,
there were no changes in the citation formats as compared to Bluebook 21st
edition.
4.3. Secondary Sources
Non-periodic Materials
Periodical Materials
This is for journals, magazines, newspapers and the like. Since all the non-periodical
materials cannot be cited together, therefore we do not have a general template.
Therefore, we shall go material by material.
However, remember to always check if the print version of the material exists before
citing it. This is because Bluebook prefers citing the print version instead of the online
version. If the material is only available online, then the online version can also be
cited.
Example: Issue 1 of a Journal is page numbered from 1 to 100, and Issue 2 begins
with page number 101.
Example: Issue 1 of a Journal is page numbered from 1 to 100, and Issue 2 begins
with page number 1.
Journal/Magazine Articles
Template:
Example:
If the periodical has no volume number but is still consecutively paginated throughout
each volume, use the year of publication as the volume number and omit the
parenthetical reference to the year.
Example:
Author, | Title in italics, | PERIODICAL NAME IN ABBREVIATION | date of the issue [if
not available, write the issue number], | at | first page of the work, | specific page
cited.
Examples:
Barbara Ward, Progress for a Small Planet, HARV. BUS. REV., Sept.-Oct. 1979, at 89,
90.
Damages for a Deadly Cloud: The Bhopal Gas Tragedy Will Cost Union Carbide
$479 Million, TIME, Feb. 27, 1989, at 53.
There is a separate section in Bluebook which deals with special kinds of periodic
materials, such as student-written articles. While the general format remains the same,
the kind of material is cited in addition. You can find this additional information by
visiting the journal’s website and searching the heading under which the student’s
publication is mentioned.
Note:
You may be wondering if you can find out whether it is a book or a journal article
from only the footnote itself. Here is a trick, if the word “in” is used in the footnote, it
means that it is not a journal – instead it is a collection of works or an edited book.
This example mentions the word ‘in’ in the citation, hence it is not a journal article,
but an article from a book.
On the other hand, if you see the letter “J” in Small Caps after the material’s title in
the citation, it means that it is a journal, because J is the abbreviation for Journal in
Bluebook. However, some journals like Harvard Law Review are cited without
mentioning the word “journal”. It is always a good idea to look for words like
“Review” in case the letter J is not there. This is not foolproof, so the safest way is to
search for it to confirm!
Newspaper Articles
Points to Note:
If the name of the newspaper does not clearly indicate the place of publication, it is
written in parentheses after the name of the newspaper.
Example:
Rina Chandran, With Fees and Laws, India Rushes to Save Vanishing
Groundwater, Reuters (Mumbai), Jan. 24, 2019.
Example:
Ajmer Singh, Supreme Court forms committee to draft mediation, sends government,
The Economic Times (Jan. 29,
2020), https://economictimes.indiatimes.com/news/politics-and-nation/supreme-court-
forms-committee-to-draft-mediation-law-will-send-to-government/articleshow/
73394043.cms (last visited Apr. 10, 2020).
Internet Sources
All efforts should be made to cite the most stable electronic version of the source. The
URL should be at the end of the citation and after a comma.
When no author is clearly announced, omit any author information from the citation
unless an institutional author is clearly indicated. If yes, then the institutional author is
to be duly abbreviated.
Example:
W.H.O., The World Health Report – Health Systems: Improving Performance, at 153
(2000), https://www.who.int/whr/2000/en/.
Points to Note:
If the domain ownership is clear from the website’s title, you need not name the
institutional author.
Example:
Titles should be taken from the title bar at the top of the browser or from any clear,
identifying headline on the page.
If there is no date associate with the specific citation, “last updated” or “last
modified” dates should be written in parentheticals after the URL. Always use the
latest date of update/correction instead of the original online publication date.
Example:
If the material is otherwise undated, the date “last visited on” should be mentioned in
parentheticals after the URL.
Example:
If the document is available in both HTML and a widely used format that retains
pagination and other elements of printed work (such as a PDF), always prefer the
later.
A. Supporting Signals
No Signal
There is no need to use a signal when you are directly quoting an authority or when
restating numerical data from an authority. Merely providing the citation is sufficient
in such a case.
E.g.
It is used when the cited authority states the proposition; other authorities also state
the proposition but citing them is not necessary.
See
When the cited authority clearly supports the proposition. ‘See’ is used instead of no
signal when the proposition is not directly stated by the cited authority but obviously
follows from it, essentially linking multiple branches of the same tree.
See also
When the cited authority has additional source material that supports the proposition.
This is generally used when authorities that directly support the proposition are
already mentioned.
B. Comparitive Signals
Comparison of the authorities cited will offer support for or illustrate the proposition.
In this context, “Compare” has to be used with “with”; the “with” has to be preceded
by a non-italicised comma. The blank spaces in the text denote the authorities with
which you make the comparison.
C. Contradictory Signals
Contra
When the cited authority directly states the contrary of the proposition and is used
where [no signal] is used for support.
Example:
But see
When the cited authority clearly supports a proposition contrary to the main
proposition and is used where “see” would be used for support.
D. Background Signals
See generally
Cited authority presents helpful background material related to the main proposition.
E. Order of Signals
You must have noticed that 21st edition has no strict rule for placement of
signals in a particular order. The only rule is that the authorities should be
ordered in a logical manner, with more relevant sources preceding less relevant
sources.
This is substantially different from the 20th edition of the Bluebook. 20th edition
provides us with a proper hierarchy in which the signals will be ordered. Let us know
more:
It is very much possible that you might have to use more than one signal for a given
citation. As per the 20th edition of Bluebook, there is a proper order for placing more
than one signal in a single citation.
The ground rule is that all of the similar signals are to be strung together within a
single sentence and separated by semicolons. However, if signals are of different
categories (supporting/comparative/contradictory), they must be grouped in different
sentences, separated by periods (not semicolons).
Any signal mentioned in accordance with the aforementioned rule has to conform to
the following order as illustrated by Bluebook:
.
1. Federal (U.S.)
2. State (alphabetically) (U.S.)
3. Foreign (alphabetically by jurisdiction)
4. Foundational documents of the United nations, the League of nations and the
European Union (in this order)
II. Statutes are cited according to jurisdictions in the following order (see the full
version for a more detailed sequence):
.
1. Federal
2. State (alphabetically)
3. Foreign (alphabetically by jurisdiction)
III. Treaties and other international agreements, cited in reverse chronological order
IV. Cases are arranged according to the courts issuing the cited opinions. Cases
decided by the same court/jurisdiction are arranged in reverse chronological orders.
Here’s the sequence in brief:
.
1. Federal (U.S.)
2. State (U.S.)
3. Foreign
4. International
1. International Court of Justice (ICJ), Permanent Court of International Justice
2. Other international tribunals and arbitral panels (alphabetically by name)
V. Legislative materials are cited (if multiple in the same type, in reverse
chronological order) in the order of
.
1. Bills and resolutions
2. Committee hearings
3. Reports, documents, and committee prints
4. Floor debates.
.
1. Books and shorter works in a collection of a single author’s works (alphabetically by
last name of author; if none, by first word of title)
2. Journals articles (not magazines and newspapers)
3. Magazine and newspaper articles (alphabetically by last name of author; if none, by
first word of title)
4. Electronic sources, including Internet sources (alphabetically by last name of author;
if none, by first word of title)
5. Cross-references to the author’s own text or footnotes
Supra
When the material has already appeared within your work but does not immediately
precede the footnote where you have mentioned supra.
Example:
If certain cases were cited at footnote no. 22, and you want to cite them all again at
footnote no. 30, it’ll be as:
Infra
Same format as supra, but infra is used to refer to material that appears later in the
piece.
Example:
If Part III.A. of your research paper deals with user consent, and you want to mention
one assertion from this portion in your introduction, you can use “infra Part III.A”.
Id.
For law review footnotes, use Id. when citing the immediately preceding authority
within the same footnote or within the immediately preceding footnote when the
preceding footnote contains only one authority. Make sure that you indicate where a
subsequent citation differs from the former, such as a specific page number.
The period after Id must be italicised.
Example:
2 Id. at 563.
hereinafter
If the authority is too long to be cited by its full form, or if the shortened form you
choose may confuse the reader, then we use hereinafter.
Example:
10 Hyman, at 812-13.
Let us quickly understand two aspects of supra and hereinafter with the following
video:
Quotations
For quotations of 50 or more words, the quotation should be indented on the left and
right without quotation marks, and quotation marks within such a block quotation
should appear as they do in the original.
Note that if you are quoting a sentence but not from its beginning, then the first letter
of the quoted text is capitalized but is written within square brackets.
Example:
“The court also discusses the related issue of whether Ms. Solomon knowingly and
voluntarily waived her right to a trial of her Title VII claims.”
Italicisation
The general rule is that non-English words that are not incorporated into common
English usage are italicised. However, here are some words which are not to be
italicised:
i.e.
e.g.
res judicata
amicus curiae
certiorari
ab initio
obiter dictum
de jure
prima facie
mens rea
Example:
Italicise commas, semicolons, and other punctuation marks only when they constitute
part of the italicised material.
Example:
See, e.g., id.; Sabine Towing & Transp. Co. v. Zapata Ugland Drilling, Inc., 553 F.2d
489 (5th Cir.).
[In this example, the comma after See and the periods between e.g. are italicised as
they are a part of the italicised material. On the other hand, the comma after e.g. is not
italicised, as it is separate from the element.]
Page number(s) should be placed before the bracketed date and without any
abbreviations like “p.” or “pp.” – these are used only in internal cross-references.
Example:
If the page number might be confused with any other detail in the citation, we are
allowed to mention the page number following the word ‘at’. However, remember
that ‘at’ is not used before a section (§) or a paragraph (¶). The following example of
two footnotes will clarify this rule.
Example:
Example:
15 U.S.C. § 18 (1982).
6 JAMES WM. MOORE ET AL., MOORE’S FEDERAL PRACTICE ¶ 56.07 (3d ed. 1997).
When citing multiple subsections within a single section, use only one section
symbol. However, use §§ if multiple subsections within different sections is cited.
Additionally, make sure to note that there should be a space between ¶/§ and the
numeral for US cases.
Example: