With the new fall term just beginning, and thousands of first - year law students across the country entering upon legal studies; and with the student editors of the McGill Law Journal preparing yet another new edition of the Canadian Guide to Uniform Legal Citation (incredibly, the 8th since its first appearance in 1986), I thought it an opportune moment to add my thoughts on the practice of legal citation and how we — and specifically the editors of the McGill Guide — would do well to reconsider both the ends and the means of
legal citation as currently practised.
The law reports classified by The Guide to
Legal Citation as semi-official law reporters are in reality commercial publications prepared by legal publishers in the exactly the same manner as any other law report.
Not exact matches
Also, given the correct
citations of portions of the USC, I suppose there must have been some lawyer involved somewhere, but I wonder if the designation of the class
as aliens «from»
as set of countries shows that any
legal input was fairly low level and probably not from an immigration law specialist: it's terribly vague, and I doubt it was intentionally so.
Perhaps, the most interesting thing about USEssayWriters.com is that it's 100 %
legal to purchase essay papers from us, because you can use the essays
as a source of ideas for your paper,
as research material for your own essays, or
as a guide on how to format your paper following a specific
citation style (Chicago, MLA, APA, etc..)
Not only are the software packages not able to address the nuances of
legal materials, but there are types of
legal materials, such
as looseleafs, which were not considered by the developers of the standards for data format and
citation type.
The lack of uptake for
citation management software programs, such
as Zotero, EndNote, and RefWorks, by even tech savvy
legal practitioners and scholars has puzzled me for some time.
I believe the most logical place to start is for publishers to develop output styles for their electronic services that are compatible with the software,
as a
citation style file that will handle the majority of Canadian primary and secondary
legal materials can be created, and this would only require manual editing of those materials that fall outside the style.
It seems unlikely that the
legal market in Canada is sufficiently large to make the development of a custom
citation management software package viable for a software company,
as they are not generally very expensive.
I agree with Sarah and Kristin that the value of
citation tools and reference managers can be so much better exploited for primary
legal materials drawn from databases or open - web sources, including CanLII, so they are cited
as what they are.
When you click the highlighted portion, the
Legal Issue Trail lists both the cases that cite to that passage,
as well
as which case the
citation came from.
AustLII is doing just that with the Australasian Colonial
Legal History Library:
As cases are added to the Library, they are provided with a neutral
citation.
It gives you one - click access things lawyers need frequently, such
as legal symbols, portions of
citations, and track changes.
However, I think
legal citation is destined to languish in purgatory (if not the other place)
as only a few pendantic folks like us get terribly exercised over it.
Just
as the current edition took a major step forward by elimination of the heretofore sacrosanct, but totally useless period, in
legal citation, the editors of the Guide to Canadian Legal Research are able to introduce reality into the practice of citing court decisions by a few simple changes to the recommended Hierarchy of Sources for case
legal citation, the editors of the Guide to Canadian
Legal Research are able to introduce reality into the practice of citing court decisions by a few simple changes to the recommended Hierarchy of Sources for case
Legal Research are able to introduce reality into the practice of citing court decisions by a few simple changes to the recommended Hierarchy of Sources for case law.
Automatic linking is another method of furnishing context to users of
legal information,
as hotlinked
citations enable quick retrieval of full text sources that make up
legal context.
As the original Carswell publisher for the Guide, I am quite proud of its role in educating the
legal profession in correct forms of
citation.
Perhaps it is time for the Federation of Law Societies of Canada to step in and formulate a Model Code of
Legal Citation,
as they have done with the Model Code of Professional Conduct, or their task force on the Canadian common law degree.
As Thomas Smith observed in Web of Law, the U.S.
citation network is highly skewed, with much of the
legal authority concentrated in very few cases and the majority of it «dead.»
While the Divine Comedy ``... describes Dante's travels through Hell, Purgatory, and Heaven; at a deeper level it represents allegorically the soul's journey towards god (truth)»; am I going so far
as to say that that
legal citation is an allegory for the
legal soul's journey towards truth?
However,
as a result of concerns with the seventh edition of the McGill Guide, a project was undertaken to develop a Saskatchewan
legal citation guide.
As of Sunday, he had found 32
citations of
legal blogs from 27 different cases.
I found the use of measurement very transferable to
legal research, such
as the IF in a
legal decision of the number of
citations by other cases.
I found the use of measurement very transferable to
legal research, such
as the IF in a
legal decision of the number of
citations by... [more]
For this week's Blawg Review # 114, two bloggers team up
as hosts, and the result is an almost double - length collection of
citations to the week's best of the
legal blogs.
As for the other irrational excesses of
legal citation, I and others have written about them at length.
According to Ivy B. Grey, the lawyer who is the author of the
legal style sheet, many of these new corrections focus on errors in
citations such
as misplaced periods, transposed letters in court names and missing or extra spaces.
As I described in my previous post, Citepad allows
legal professionals to easily insert
citation words and commonly used symbols with a single click.
This «style of cause» or «case name»
as we call it, doesn't have to be unique in order to be specific: in any given
legal context, the names of one or two main parties often suffice to refer to a decision, its full
citation being used only in formal writings.
LexisNexis research solutions are used daily by lawyers and relied on
as the most authoritative, comprehensive collection of
legal, news and business, and risk and analytics content available anywhere * Integration of real - time Shepard's Signal ™ indicators in internal documents instantly allow attorneys to confirm if a case law
citation is strong, accurate, and on point.
As well, a
citation of the extent to which foreign, comparative, and international law is cited with approval in Canadian appellate courts would be informative and helpful to
legal scholars and
legal researchers generally.
But
as long
as we achieve this end, to what extent do we
legal publishers need uniformity in
citation style outside our own publications?
As part of the effort, it offers a Firefox extension that detects legal citations on the web and displays them as link
As part of the effort, it offers a Firefox extension that detects
legal citations on the web and displays them
as link
as links.
Collaborative outsourcing hasn't yet been tried in
legal publishing and may be suitable for for many different kinds of databases
as well
as for electronic
citations.
Given that The Blue Book is edited by law students, and law students being... well, law students, it should come
as no surprise to learn that «the definitive style guide for
legal citation» is sprinkled with inside jokes.
More than three times
as many people involved in this survey fear
legal liability than a possible
citation from police when texting and driving.
As Ian Best's taxonomy of blogs (and
citation tracking) shows, some courts have used blogs to help them sort through cutting edge
legal topics.
Quantity of
Citations from Industry - Relevant Domains - # 13 in difference - making factors in competitive markets - Being listed on niche
legal directories such
as hg.org, Findlaw, Justia, and other niche
legal citation sources can help to improve your local search engine rankings.
And you can find my work and
citations of my work in other sources such
as Inc., The American Lawyer, Huffington Post, Venture Capital Post, Law360, Bloomberg, Lawyerist, Fox News Magazine, Australasian Lawyer, NBC News, The Global
Legal Post, Business Insider, NZ Lawyer, and Monster.com, among others.
Lawyers with
legal ethics issues should use this site only
as a starting point for their research and should assume that any
citations contained herein have not been updated and that other cases not cited here may exist.
Clients may not see the value of
legal industry requirements such
as properly formatting
legal citations and creating tables of authorities, but you've still got to do them, and you've got to do them right.
Colleague Katharine Thompson has provided me a list of some of the changes she noticed in the new, just received 7th edition of the McGill Guide, known more formally
as the Canadian Guide to Uniform
Legal Citation, edited by editors of the McGill Law Journal and published by Carswell.
Personally I see that neutral
citations have great potential if and when they come to be accepted by the
legal profession
as the primary means of identifying cases.
The 7th edition of the Guide spurred many Slaw posts discussing
legal citation and plenty of comments
as well.
As one study on Canadian
legal journals that included
citations to Wikipedia discovered, 35 % of
citations to Wikipedia had pertinent content that was significantly altered after the date of
citation.
This introduction is meant to assist you
as you begin what will likely become a lifelong relationship with the Bluebook system of
legal citation.
Much has been written on SLAW about the fairly recent 7th edition of the Canadian Guide to Uniform
Legal Citation (known
as the McGill Guide, red in colour, and published by Carswell), including a lengthy 21 September 2010 post by John Davis that includes links to prior posts.
In his introductory remarks Cover notes that «
As of September 12, 2012, community discussion was underway about the value of a standardization effort to define a non-proprietary and royalty - free
citation markup language model for
legal / legislative content.»
Settling on a standard method for
legal citation is one of the many daunting tasks that we will need to tackle
as we move toward a linked data model for
legal resources.
As has worked in the past, when the neutral
citation system for Canadian courts was created and adopted, and equally a uniform naming convention for Canadian judgments, I would suggest the work be entrusted to a core working group supported by an advisory board representative of all the affected communities: the Courts (and the Canadian Judicial Council), the law publishers both print and digital (especially CanLII and Lexum),
legal writing and research faculty, law librarians and practising lawyers from both our French and English
legal communities.
at the end of every speech he delivered in the Roman Senate, I think we must «disestablish» the McGill Guide
as the arbiter either of
legal writing style or of
legal citation practice in Canada.