Write on - Case Note

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JackReliant
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Write on - Case Note

Postby JackReliant » Wed Jun 30, 2010 1:49 pm

Hey gangsters,

I'm currently writing a case note for one of the write-ons I'm involved in (I'm a transfer applicant, so I'm unfortunately undertaking several). I was curious - the redbook suggests that you should always use the most recent available sources for citations...but if the note you're writing is critical of the conclusion reached in the most recent source, should you rely on precedent from other sources? Even if all it's doing is quoting? Just wanted to cover all my bases. Thanks in advance - I realize I could answer this on my own, but I googled a little and didn't find an answer, so being a little strapped for time I thought I'd bug ya'll.

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animalcrkrs
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Re: Write on - Case Note

Postby animalcrkrs » Wed Jun 30, 2010 1:59 pm

I am sort of confused by this question. When you say Redbook do you mean Bluebook or am I missing something. I thought Redbook was "A US print magazine for the woman juggling family, career and her own needs"

:)

Enough of that now. Are you saying your opinion is making point A, the MOST recent article on the topic is saying the opposite of point A, and you want to use older articles that support point A even if they are not the MOST recent?

If this is indeed your question, of course you use other older articles (unless they are ancient and entirely outdated in their view, then maybe reconsider) If all you could use was the MOST recent you'd only ever have one source in your note, right?

JackReliant
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Re: Write on - Case Note

Postby JackReliant » Wed Jun 30, 2010 2:24 pm

animalcrkrs wrote:I am sort of confused by this question. When you say Redbook do you mean Bluebook or am I missing something. I thought Redbook was "A US print magazine for the woman juggling family, career and her own needs"

:)

Enough of that now. Are you saying your opinion is making point A, the MOST recent article on the topic is saying the opposite of point A, and you want to use older articles that support point A even if they are not the MOST recent?

If this is indeed your question, of course you use other older articles (unless they are ancient and entirely outdated in their view, then maybe reconsider) If all you could use was the MOST recent you'd only ever have one source in your note, right?


The Redbook is a manual on legal style - though there is a section on yeast infections inexplicably nested in the appendix.

Sorry, I wasn't clear. I'm definitely using the older articles in the packet, I was just uncertain as to whether I'd be well advised to avoid citing the case I'm criticizing when I can, even where it involves quotations that are the same between an older case analogous to my argument and the most recent case that I'm taking over my knee.

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ggocat
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Re: Write on - Case Note

Postby ggocat » Wed Jun 30, 2010 2:28 pm

animalcrkrs wrote:When you say Redbook do you mean Bluebook or am I missing something. I thought Redbook was "A US print magazine for the woman juggling family, career and her own needs"

This is the redbook: --LinkRemoved--.

I don't own a copy (picked one up, didn't like it, returned it). But I assume that when it says to use the most recent source, it means use the most recent edition of a book or use the most recent case when you are arguing for a point of law. This only applies for law review articles if you are making a very general, basic statement of law. But most LR articles focus on development of the law or argue for different law. Thus, it doesn't really apply to those situations.

So for example, if your article is about a new treaty, and there's some minor point in your article about 12(b)(6) motions to dismiss, it would be appropriate (preferred) to cite to the most recent edition of Wright and Miller or to Iqbal (the most recent Supreme Court case on point). But if your article is primarily about 12(b)(6) motions, and you need to discuss pre-Iqbal approaches to 12(b)(6), then it would be more than appropriate (practically required) to discuss all of the "old" sources, and it would be preferred to discuss old editions of Wright and Miller and old cases on point.

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animalcrkrs
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Re: Write on - Case Note

Postby animalcrkrs » Wed Jun 30, 2010 2:48 pm

Oh okay, Redbook. We used the Texas Manual of Style for our write on comp.

Meanwhile, renewed my subscription, thanks for the reminder. Don't want to miss an issue!

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ggocat
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Re: Write on - Case Note

Postby ggocat » Wed Jun 30, 2010 2:53 pm

TX MOUS is credited. It's a true style guide, whereas the Redbook is like a combination between a 1L legal writing textbook and a style guide (i.e., I think it's less useful as a style guide but more useful as a textbook to accompany a legal writing course).

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vanwinkle
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Re: Write on - Case Note

Postby vanwinkle » Wed Jun 30, 2010 2:55 pm

Generally, you are not allowed to ask for outside help of any sort when doing write-on competitions. I'm not sure if the school this is for has such a policy. However, you're an alt (Iiiii caaaan seeeee yoouuuu) so I'm locking your thread regardless. If a school contacts TLS wanting to know who was soliciting write-on help, I'll be happy to provide that information to them.

Don't cheat, you'll get pwned and I'll be the one pwning you.




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