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Bluebook Help
Posted: Sat Nov 12, 2011 6:46 pm
by lawschoolproblems86
I've found three different sections in the Bluebook where it states how you cite an unpublished case from Lexis or Westlaw. However, does anybody know where I can find information on how you would do a short abbreviated cite or Id. on an unpublished case after the first time. I am pretty sure I will get marked down if I use the full cite every time I reference that case, but I am unable to find how it would be shortened for any future references in the paper.
THANKS.
Re: Bluebook Help
Posted: Sat Nov 12, 2011 7:04 pm
by drmguy
It's my understanding that you should not use an unpublished case.
Re: Bluebook Help
Posted: Sat Nov 12, 2011 7:08 pm
by Norwood
i found it and you should be able to.
a part of the paper is bluebooking so keep trying hard and stop cheating!
Re: Bluebook Help
Posted: Sat Nov 12, 2011 7:13 pm
by Bronte
drmguy wrote:It's my understanding that you should not use an unpublished case.
This is not correct. Unpublished cases are commonly cited. To answer the OP, it's as follows:
First cite:
Steyne v. Steyne (In re Steyne), Nos. CIV. A. 97–07304–W, 97–80348–W, 1998 WL 34020729, at *3 (Bankr. D.S.C. Feb. 17, 1998).
Short cite:
Steyne, 1998 WL 34020729, at *4.
Id. cite:
Id. at *5.
Re: Bluebook Help
Posted: Sat Nov 12, 2011 7:40 pm
by 03121202698008
drmguy wrote:It's my understanding that you should not use an unpublished case.
It's my understanding that if you ever need to cite a recent development, you have no choice. Or issues that don't come up in final published orders. (e.g. Denial of discovery order, etc.) You should use published if available and on same topic, but citing unpublished isn't a problem.
Also, Bronte's examples are correct. Except I'd omit the (In re) part off the top of my head. Though that may be incorrect. (Actially, in bankruptcy wouldn't it just be In re name?)
Re: Bluebook Help
Posted: Sat Nov 12, 2011 7:45 pm
by itsirtou
Norwood wrote:i found it and you should be able to.
a part of the paper is bluebooking so keep trying hard and stop cheating!
maybe they're doing a cite check and not a paper...?
Re: Bluebook Help
Posted: Sat Nov 12, 2011 7:46 pm
by Bronte
blowhard wrote:drmguy wrote:It's my understanding that you should not use an unpublished case.
It's my understanding that if you ever need to cite a recent development, you have no choice. Or issues that don't come up in final published orders. (e.g. Denial of discovery order, etc.) You should use published if available and on same topic, but citing unpublished isn't a problem.
Also, Bronte's examples are correct. Except I'd omit the (In re) part off the top of my head. Though that may be incorrect. (Actially, in bankruptcy wouldn't it just be In re name?)
No "In re" is included. It's rule 10.2.1(a).
Edit:
blowhard wrote:(Actially, in bankruptcy wouldn't it just be In re name?)
It depends on whether it's an adversary proceeding or not. The case I cited was an adversary proceeding, which is a civil suit filed in a bankruptcy case. If the opinion concerns only the bankruptcy petition itself, it will just be In re Whatever.
Re: Bluebook Help
Posted: Sat Nov 12, 2011 9:22 pm
by drmguy
blowhard wrote:drmguy wrote:It's my understanding that you should not use an unpublished case.
It's my understanding that if you ever need to cite a recent development, you have no choice. Or issues that don't come up in final published orders. (e.g. Denial of discovery order, etc.) You should use published if available and on same topic, but citing unpublished isn't a problem.
Also, Bronte's examples are correct. Except I'd omit the (In re) part off the top of my head. Though that may be incorrect. (Actially, in bankruptcy wouldn't it just be In re name?)
This was my understanding. Only do it when necessary.