Introduction ................................................................................................ 1 Editing Checklist......................................................................................... 2 VLR Initial Edit & Cite Check Source Gathering Guide ....................... 6 Virginia Law Review Conventions ........................................................... 14 Changes, Additions, and Clarifications .................................................. 14

BB Rule 1.2: Introductory Signals.......................................................... 14 BB Rule 1.3: Order of Signals ................................................................ 15 BB Rule 1.4: Order of Authorities.......................................................... 15 BB Rule 1.5: Parenthetical Information.................................................. 15 BB Rule 2: Typefaces for Law Reviews................................................. 16 BB Rule 2.1: [Italicization in] Citations ................................................. 17 BB Rule 2.2: [Italicization in] Textual Material ..................................... 18 BB Rule 4.2b: “Hereinafter”................................................................... 19 BB Rule 5.3: Omissions and Ellipses in Quotations............................... 20 BB Rule 5.4: Quotation Paragraph Structure.......................................... 21 BB Rule 6.1: Abbreviations.................................................................... 21 BB Rule 6.2: Numerals and Symbols ..................................................... 22 BB Rule 8: Capitalization....................................................................... 23 BB Rule 9: Names of Courts, Judges, and Professors ............................ 24 BB Rule 10: Cases (BB p. 55)................................................................. 25 BB Rule 10.2.1(h): Business Firm Designations .................................... 25 BB Rule 10.6: Parenthetical Information Regarding Cases.................... 26 BB Rule 10.7: Prior and Subsequent History ......................................... 27 BB Rule 10.9: Short Forms for Cases..................................................... 27 BB Rule 12.3: Statutes: Current Official and Unofficial Codes ............. 29 BB Rule 12.5: Statutes: Secondary Sources ........................................... 29 BB Rule 12.6: Statutes: Repeal, Amendment, and Prior History ........... 29 BB Rule 12.8.1: Internal Revenue Code................................................. 29 BB Rule 12.9: Short Forms for Statutes ................................................. 30 BB Rule 13.5: Debates ........................................................................... 31 BB Rule 14: Administrative and Executive Materials............................ 31 BB Rule 14.2: Rules, Regulations, and Other Publications.................... 31 BB Rule 14.6: SEC Materials ................................................................. 32 BB Rule 15.4: Edition, Publisher, and Date ........................................... 32 BB Rule 15.5: Shorter Works in Collection ........................................... 33 BB Rule 15.8.2: Short Forms for Shorter Works in Collection .............. 33 BB Rule 16: Periodical Materials ........................................................... 34 BB Rule 16.3: Consecutively Paginated Journals and Magazines.......... 34 BB Rule 16.4: Nonconsecutively Paginated Journals and Magazines.... 34 BB Rule 17.1: Unpublished Materials .................................................... 35 BB Rule 17.2: Forthcoming Publications ............................................... 35 BB Rule 18: Electronic Media and Other Nonprint Resources .............. 35

Some Additional Points of Style and Grammar..................................... 38 Internal References to the Piece ............................................................. 38 Grammar, Punctuation, and Word Choice ............................................. 38

Formatting Tips for Departmental Editors ............................................ 43

Introduction This manual (the “Slatebook”) provides you with an editing checklist, a source gathering guide, and the stylistic conventions used by the Virginia Law Review. Refer to the editing and photocopying checklists to guide you through the steps of an editing assignment. This Slatebook is keyed to the 17th edition of the Bluebook, and that is the edition of the Bluebook you should use. References to the 18th edition found in the text are for your information, but you are not required to use the 18th edition. Questions about this should be directed to the Executive Editors. The main section of the Slatebook, “Virginia Law Review Conventions and Explanations,” contains changes and additions to Bluebook rules as well as explanations for confusing Bluebook Rules. Please apply these VLR conventions to every piece that you edit. Every member of the Review must be familiar with these stylistic conventions, as well as the entire Bluebook. The next section of the Slatebook provides guidance on grammar and style. The last section lists formatting tips for the Departmental Editors; Editorial Board members can ignore this section unless specifically instructed otherwise by a Department Editor.

Editing Checklist More substantive discussions of each stage of the editing process outlined below can be found in the Editorial Board Manual. Keep your DE up to date on all problems with the piece or anything you don’t understand as you go through your editing assignment. (1) Read the entire piece: Critique style, structure, grammar,

and spelling. (2) Gather sources: Refer to the "Source Gathering Guide"

below for photocopying checklists for each type of source.

(a) The overriding principle of the source gathering process is to copy everything you and your DE will need to verify both the substance (that what the author is saying is supported) and the form of the citation (making sure the citation is in correct Bluebook/Slatebook format).

(b) There must be separate copies for each citation in every

footnote. (c) If you are doing a Cite Check and come across copies that

were not done properly during the Initial Edit, the default rule is that you must make the necessary copies, unless the DE provides otherwise.

(3) Check Citation Substance.

(a) Check the substance of the citation. Highlight all supporting language. If there is an assertion in the text that needs support, or if the cited source does not support the proposition in the text, make a real attempt to locate an appropriate source and provide a suggested citation to the DE.

(b) Check quotations. Place a checkmark over each word and

punctuation mark in the quote (in the physical photocopy or printed source) as you check it. Count the words in every quotation that might have 50 words and indicate the number of words in the quotation as an embedded note to the DE.

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(c) Check whether a pincite can be added for general citations.

(d) Determine whether a footnote has been unnecessarily

included and recommend its deletion, or determine whether a footnote may be needed and recommend its inclusion.

(4) Check Citation Form – Bluebooking/Slatebooking.

(a) Check: Author and editor name, volume and page numbers, title (including punctuation of title), parallel cites, pinpoint cites, dates, and so on.

(b) Order of authorities. Bluebook p. 25, Slatebook p. 15.

(c) Format of case names in text and citations according to the

Bluebook rules (pp. 55–62). Make special note of the areas in which the Slatebook rules differ from the Bluebook.

– Business designations, Slatebook p. 25. – Parenthetical information, Slatebook p. 15. – Short forms for cases, Slatebook p. 27.

(d) Proper use of the short form, both the format and when it can be used, for:

– Cases, BB pp. 71–73 and Slatebook p. 27. – Statutes, BB pp. 89–90 and Slatebook p. 28. – Books & nonperiodic materials, BB pp. 115–17. – Periodicals, BB pp. 125–26.

– Unpublished and nonprint sources, BB p. 126. (d) Abbreviations using tables in the Bluebook:

– Periodical Names (table T.14, BB p. 317) (errors are extremely common).

– Explanatory Phrases (e.g., aff’d, rev’d, vacated) (table T.9, BB p. 309).

– Case Names (table T.6, BB p. 302). – Format for a particular jurisdiction’s courts or statutes:

– Table T.1: United States Jurisdictions (BB p. 183). Note that Bluebook state abbreviations are not identical to standard (postal) state abbreviations (table T.11, BB p. 311). – Table T.2: Foreign Jurisdictions (BB p. 245).

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(e) Usage of id., supra, infra, hereinafter (BB pp. 39–43; SB p.

19), and check “jump cite” references (i.e., internal cross references to other sections or footnotes in the same piece) to ensure the reference is to the correct footnote.

(f) Order of sources within the footnote (BB p. 25).

(g) Parentheticals: whether they are required (Slatebook, p. 14),

and whether they are in the appropriate format (Slatebook p. 16). Where a parenthetical is required but absent, supply a draft parenthetical and provide a highlighted copy of the source for your DE. Note the rule for indicating concurring and dissenting opinions on Slatebook p. 26.

(h) For books, editor vs. edition (BB p. 108).

– Ex.: Ben Angelette ed., 2d ed. 1951.

(i) Formatting – Every footnote should end with a period. – Check the location of the footnote call. See Slatebook,

pp. 27. – Note hyphens that should be en-dashes or em-dashes and

vice versa. See Slatebook, p. 39.

(j) Check font formatting in each citation (for example, only use italics where used in the original or for the word “in” where the source is an article in a book): Bold, underline and SMALL CAPS should not be used. See Slatebook p. 16.

(5) Wrapping Up.

(a) Deliver all copied sources to the source boxes. (b) Ensure that all electronic sources are uploaded to the

appropriate folder on the VLR intranet

(c) Write memo to DE containing the following: – A list of all sources checked out or requested, broken

down by: : (1) all sources that you have checked out for the edit, including whether the source was checked out to your DE’s personal ID or to the carrel and the due date; (2) all

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sources that you have ILL’d and their due date; (3) all sources that you have requested, but not yet received via ILL and the date that you requested them; and (4) all sources that you have recalled from within the UVA library system, or any other sources you have requested, but not yet received, and the date on which you requested them. Also list any missing sources, along with a brief explanation of the steps you have taken to locate them thus far.

– Substantive comments about the piece as a whole, structural suggestions, and/or recurring issues (basically, anything that would be unwieldy in an embedded comment(s)).

– All other comments, questions, and changes should be embedded in the electronic document itself.

(c) Upload electronic versions of your memo and the manuscript

to the appropriate folder on the VLR intranet. N.B. – ensure that you save a copy of these documents in a

secure location other than your laptop and the VLR intranet – e.g., Home Directory, a CD-R disc, or a flash drive.

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VLR Initial Edit & Cite Check Source Gathering Guide

The following checklists give Editorial Board members a quick and portable guide for source gathering. It lists only the most common types of sources. If you run into a source that seems odd and you aren't sure what to copy, contact your DE for guidance. REMEMBER: The overriding principle of the source gathering exercise is to copy or upload everything you and your DE will need to verify both the substance (checking that what the author is saying is supported) and the form (making sure the citation is in correct Bluebook/Slatebook format) of the citation. Make sure you copy or upload all that is required to do these two things, even if this list seems to suggest otherwise. The Bluebook indicates which form of a source should be copied, and we require that source if available (ex. for Supreme Court cases, cite to the U.S. Reporter (__U.S.__) if available). The overriding principle of uploading to the VLR intranet is to only upload PDF files, unless otherwise noted, of the complete source such that the DE can verify the substance and the form of the citation. If a source is cited multiple times, it only needs to be in the appropriate folder on the VLR intranet once. For Cite Checks: Please also remember that if you are doing a Cite Check and come across copies that were not done properly during the Initial Edit, the default rule is that you make the necessary copies and/or uploads, unless your DE provides otherwise. When copying and printing, please help VLR save money by USING DOUBLE-SIDED, TWO PAGES-PER-PAGE COPYING OR PRINTING whenever possible! Photocopying/Print Rules Are Organized Below as Follows: I. Finding Sources Generally II. The Constitution III. Statutes IV. Cases V. Law Review Articles VI. Books/Treaties VII. Newspaper/Magazine Articles

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VIII. Legislative History IX. Administrative and Executive Materials X. Treaties and Other International Materials XI. Internet Sources XII. Material That Quotes or Cites to Other Sources and

Parallel Citations XIII. Supras & Infras to Other Parts of the Article Itself XIV. Anything Else I. Finding Sources Generally (for sources not on Internet) □ Use VIRGO. The law library catalog is pretty useful, although

not user-friendly. If you know the exact title, use the "First words" or "Exact" search options.

□ Use WorldCat. If you get sick of Virgo, a much better tool is WorldCat (a link is available from VIRGO go to "Reference Sources" under the "Databases" category, then click "W," and click "WorldCat (Web)"). This allows you to search not only the UVA catalog, but the catalogs of other schools. You should look here before you make an ILL request, to (a) make sure that UVA does not actually have the book, and (b) get more information about the source.

□ Use the Law Library web page. The Law Library web page details the major collections (including U.S. government documents, international materials, and microforms) and how to find sources within those collections.

□ Ask a reference librarian. The reference librarians are very helpful, but it is best if you go to them after having made your best effort at finding the source yourself. Kent Olson is the librarian assigned to the Law Review, but you may ask any librarian who is available.

II. Constitutions □ Federal: The official language of the U.S. Constitution should

be copied from the first volume of the U.S. Code (1 U.S.C.). □ State: Look first in the first volume of the official code of each

state. □ Copy the entire section or amendment, as applicable (do not

copy just the particular clause cited). III. Statutes

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□ Copy the entire section (not just the particular subsection) from the United States Code or the entire act if cited to the Public Law (i.e. in Statutes at Large). If more information than the Title and Section are mentioned in the citation or the text (i.e. Subtitle, Chapter, etc.) be sure to photocopy the relevant pages to make it easy to verify that information.

□ If a statute has been repealed or has been amended, the fact and date of repeal or amendment must be indicated in the citation.

IV. Cases □ General Rules: (1) All cases must be copied as they appear in

the relevant official reporter; only PDFs or actual photocopies are sufficient. Non-PDF print-outs from Lexis or Westlaw are not sufficient, unless otherwise noted; (2) if volume/year info is not available on the case itself, copy the title page of the volume.

□ Rules for First Time the Case is Cited in the Piece and Subsequent Citations Thereafter:

o First Time in the Piece: Upload the PDF to the intranet folder if the PDF is available. If the first citation includes a pincite, print out the necessary pages and follow the rules for “Subsequent Pincite” below. If the first citation is properly a general citation, the entire document should be printed out in addition to uploading the document. If the PDF is not available, make a photocopy of the actual case.

o Subsequent General Citation: (a) Make best efforts to find a pincite that would work, and then follow rules for “Subsequent Pincite” below (Tip: pincites can be found most easily by pulling the case up on Westlaw or Lexis, and searching for key terms or quotes); or (b) if cite remains a general cite, print/copy out the first page of the case only.

o Subsequent Pincite: (a) Print/copy first page of the case; (b) print/copy first page of dissent/concurrence, if applicable; and (c) print/copy pincited page(s) and ONE page before and after.

□ Supreme Court Cases: (a) PDF versions of the U.S. Reports are available on HeinOnline; or (b) if S. Ct. or some other reporter is cited, use Lexis or Westlaw to locate the parallel cite in the U.S. Reports, and photocopy from the bound volumes in the library.

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o Pre-1875 Supreme Court Cases: copy spine of reporter if the reporter’s actual name is used (i.e. 1 Wall. or 1 Dall.).

□ Non-Supreme Court Cases: (a) Make copies from the official reporter, and (b) title page if necessary to get all citation information.

□ Shepardizing/Key Citing: You do not have to print out a Shepard's or Key Cite report for every case, unless the case is being cited for a current proposition of law (i.e. "The law in Kansas on contributory negligence is . . . "). (You can copy the report into a Word document and upload that document.)

V. Law Review Articles □ Locating: Always check HeinOnline first. □ The first time the article is cited in the piece: (a) Upload the

entire article, including information from the title page and table of contents, to the intranet folder. PDFs from HeinOnline (or other PDF source) are required if available; otherwise upload the Lexis or Westlaw versions. If article is uploaded from Lexis or Westlaw, or if the PDF does not have the title page and/or table of contents, copy the title page and table of contents of the actual law review volume to indicate the year and volume in which the article appears; (b) if article is not in PDF form, copy from the actual law review the first page of the article, the page(s) cited plus ONE page before and after; (c) if article is from HeinOline (of other PDF source), print out the page(s) cited plus ONE page before and after. NOTE: If the front page of the Law Review indicates a year span (ex. 2002–2003), the year span IS NOT SUFFICIENT. Print/copy the page showing the exact year of publication.

□ Every subsequent citation: o General citations: (a) Make best efforts to find a pincite

that would work, and then follow rules for subsequent pincite citation below (Tip: pincites can be found most easily by pulling the article up on Westlaw or Lexis, and searching for key terms or quotes); or (b) (i) Copy/print the front page of the law review volume, if necessary to establish the volume in which the article appears; and (ii) Copy/print the entire introduction for the law review article (or the first 15 pages, if the introduction is cursory) [this is most easily done from HeinOnline when the source is available there].

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o Pincite: (a) Copy/print the front page of the law review volume, if necessary to establish the volume in which the article appears (if you cannot locate the title page on the intranet, you must print out a hard copy from the bound volumes); and (b) Copy the page(s) cited, plus ONE page before and after [this is most easily done from HeinOnline when the source is available there].

VI. Books/Treatises □ First, check books out to the appropriate carrel. (This is only

possible with Law Library books; for books from other UVA libraries, check them out to your DE’s student identification number.)

□ Copy the title page and anything else with publication information.

□ Copy the cited page(s) or sections, plus ONE page before and ONE page after.

□ If it is a general citation to the book that you are unable to turn into a pincite, copy the table of contents, introduction or first chapter, plus any other pages that might be necessary to establish substantive support.

□ If the book is on reserve at another library and cannot be brought to the carrel, copy the entire chapter in which the pincite appears.

VII. Newspaper/Magazine Articles □ The Law Library has the Washington Post and the New York

Times on microfilm. Many other newspapers and magazines are on microfilm at Alderman Library and their availability is listed on VIRGO.

□ Copy the full article and make sure that all citation information is indicated; otherwise, copy the cover page (or other appropriate page) to capture all of the needed citation information.

□ If no library has the newspaper or magazine that you need, use the ILL service to request a photocopy of the pages you need. Make sure you are very clear as to the exact citation information (i.e. double-check the citation on Lexis or Westlaw).

□ As a last resort, print out the most obscure periodicals from electronic databases, such as Lexis and Westlaw. Be careful, because both these databases contain multiple editions of the same day's paper. VLR has a strong preference AGAINST internet citations to newspapers and magazines.

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VIII. Legislative History□ A good resource for finding official texts of recent (generally

from 1994 onwards) legislative history on the web is the General Printing Office website at http://www.gpoaccess.gov/. As long as you find PDF files created from scans of the original, official texts, you can upload this source to the intranet folder and print the necessary pages for any pincite (including the first page/title page and one page before AND after the pincite).

□ The Congressional Record and Senate and House Reports are available in bound form and on microfiche at the Law Library; these are not particularly easy to figure out, so get a reference librarian to give you a lay of the land.

o Note that whenever possible you are to give parallel citation to the permanent edition of the United States Code Congressional and Administrative News (U.S.C.C.A.N.). You must make a photocopy of this citation.

□ Copy enough to make it clear that the form and substance are correct. (For example, if the main text says that a particular statement in the Senate was made on a certain date by a certain Senator, make sure that enough pages are copied and cited to make clear both the date and the name of the Senator).

IX. Administrative and Executive Materials □ Pages 96–104 of the Bluebook detail the various sources of

administrative and executive materials. The vast majority of these sources are available in bound form in the Law Library.

A number of recent executive branch materials (including the Code of Federal Regulations, the Federal Register, Executive Orders, and other Presidential papers) are available at http://www.gpoaccess.gov/. As long as you find PDF files created from scans of the original, official texts, you can upload this source to the intranet folder and print the sufficient pages for any pincite (including the first page/title page and one page before AND after the pincite) to verify the substance and the form of the citation. X. Treaties and other International Materials □ Treaties: Look at the Bluebook to determine what citation

information is required. For instance, multilateral treaties where the U.S. is a party require citation to both an official U.S. source and an international source.

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o U.S. Sources: After ratification, U.S. treaties appear as Senate Treaty Documents if they have been submitted to the Senate for its advice or consent. Five to six years later, U.S. treaties appear in "slip" form in Treaties and Other International Acts Series (TIAS). Three or so years after that, they finally appear in United States Treaties and Other International Agreements (UST). UST is preferred over TIAS, and TIAS is preferred over Senate Treaty Documents.

o International Sources: The United Nations Treaty Series (UNTS) continues the League of Nations Treaty Series (LNTS), and is generally the best intergovernmental source for international treaties.

□ Other International Sources: Generally, you should look to the Bluebook for guidance as to the citation information that is required. A good resource is the Law Library's international reference librarian, Xinh Luu, but it is best to go to her with some idea of what you are looking for.

XI. Internet Sources □ VLR has a strong preference against internet citations. Many

times, an author has simply Googled a news item and listed the first available internet citation. For news items, make your best efforts to locate a credible newspaper article (see “Newspaper/Magazine Articles above). To locate articles, try the New York Times or Westlaw.

□ If the webpage is the only available source, print out the webpage(s) with the relevant material, and mark on the copies what date the site was visited.

□ But note: when a hard copy is reasonably available, internet citations are not acceptable (ex. if a U.N. document is cited to a webpage, find the actual U.N. document, and copy that instead).

XII. Material That Quotes or Cites to Other Sources and Parallel Citations □ Sources Citing Sources: When a citation cites one source

quoting or citing to another source, you must copy BOTH sources and follow the appropriate copying rules for the second source (ex. “Case A quoting Case B” copy both cases).

□ Parallel Citations: When the Bluebook requires parallel citations (this occurs occasionally for international sources), both sources must be copied.

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XIII. Supras & Infras to Other Parts of the Article Itself□ If supra/infra cite is not to the piece itself, but to a source

previously cited in the piece, follow the citation rules to that source (ex. see Angelette, supra note 14, at 12), follow the law review copying rules, and do not follow this section.

□ If supra/infra cite is to the piece itself (ex. see supra note 9 and accompanying text), leave a blank piece of paper in the document box as a placeholder, with the fn. # in the corner, and indicate what part of the piece is being referenced (i.e. “supra note 9 and accompanying text”). Do not copy the portion of the article being cited, but verify that the citation is correct.

XIV. Anything Else □ Look at the Bluebook/Slatebook for citation form. This will tell

you what source to pull. Copy enough to make it clear to yourself and other editors that the form and substance of the citation information are correct.

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Virginia Law Review Conventions: In general, the Virginia Law Review follows the conventions outlined in the 17th edition of the Bluebook. This Section outlines where VLR conventions and Bluebook conventions differ and provides clarifications of some of the more obscure Bluebook rules. Where the Slatebook addresses a subject, the Slatebook governs. If a topic is not covered in the Slatebook, follow the Bluebook. Occasionally the Execs will clarify particularly troublesome rules via e-mail. The Slatebook conventions are organized by the Bluebook rule to which they correspond (with parenthetical indications of the page where each rule appears in the Bluebook). Refer to the quick reference guide on the back cover, or the table of contents on the inside front cover, to locate the Bluebook and Slatebook Rules. The end of the Slatebook also has an index, much like that in the Bluebook. Because the Slatebook is designed principally to point out where VLR conventions differ from those of the Bluebook, it is essential to look at the Bluebook in all areas. In other words, you should:

1. Look up the Bluebook rule for every citation when editing and proofreading. Citations often fool you into thinking that look like they are correct, but you won’t be sure until you look it up!

2. Check the Slatebook for VLR Conventions changing the rule.

Changes, Additions, and Clarifications This section includes all the rules where the VLR convention changes or adds to the Bluebook. The rules in this section always supersede the Bluebook. This section also provides elaboration or additional examples for confusing or often misapplied Bluebook rules. Bluebook Rule 1.2: Introductory Signals (BB p. 22)

● Parentheticals after signals: Unlike the Bluebook, VLR convention requires parenthetical explanations after the following signals:

• cf.

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• compare/with • but cf.

VLR does not require a parenthetical after one of these signals if the author is referencing the same piece (that is, “supra” and “infra” cites to other parts of the same work). Parentheticals are optional with all other signals.

● Signals as verbs. Spell out signals when they are used as verbs. For example, “cf.” becomes “compare” and “e.g.” becomes “for example.” When used in this way, information that would normally be included as a parenthetical should be made part of the sentence itself.

Ex. For a more in-depth discussion of this issue, see, for example, David Reid, Why My GPA Is Better Than Yours, 70 Harv. L. Rev. 223 (2000).

Bluebook Rule 1.3: Order of Signals (BB p. 24) ● Signals of the same basic type: String these together in one citation sentence, separated by semicolons. ● Signals of different types: Separate by periods (that is, placed in separate citation sentences). ○ Also be sure that the signals are in the correct order within footnotes, as per the Bluebook rule. Bluebook Rule 1.4: Order of Authorities (BB p. 25) Make sure authorities in footnotes are properly ordered—this is a very common mistake. Do not assume there is a substantive reason for an unusual order; if there is, the DE will let you know. Bluebook Rule 1.5: Parenthetical Information (BB p. 28) Unless exceptional circumstances dictate, all parentheticals must conform to one of the following formats:

(1) A clause beginning with a participle (providing a paraphrased explanation of the source’s meaning);

Ex. Cf. Monifa Wright, How I Learned to Stop Worrying and

Love the Bluebook 543 (1995) (discussing the relative merits of the Bluebook’s 17th and 18th edition rules for the use of “see”).

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(2) A noun or noun phrase (generally appropriate only when the source’s general relevance has already been explained);

Ex. The Notes Department typically becomes famous for their

ability to create complex bell curves and statistical models. See, e.g., Mike Nemelka, Complex Methods in Editorial Board Selection, 18 J.L. Soc’y 223 (1985) (bell curves); Brad Ervin, Why Aren’t There More Ones on My Grade Chart?, 25 Yale L.J. 164 (1989) (models).

(3) A quoted sentence from the source (note that the final punctuation from the quoted sentence is included in the parenthetical).

Ex. Cf. Kate Stanley, Marriage in Ten or Fifteen Years, reprinted

in Selected Stories 74, 74 (Catherine Cockerham trans., Penguin Books 1960) (1885) (“Everything in this world improves: Swedish matches, operettas, locomotives, French wines, and human relations.”).

(4) The word “same” or “similar” if the source is part of a string cite and the first source after the signal has a full parenthetical.

Ex. See, e.g., Chad Bell, Overcommitment for Dummies, 90 Harv. L. Rev. 627 (1988) (arguing that one can easily run peer advising, be on Law Review, plan the Libel Show, and realistically participate in about seventeen other different law school organizations); Ann Robinson, Bring it on, 92 Yale L.J. 573 (1999) (same).

Bluebook Rule 2: Typefaces for Law Reviews (a.k.a. VLR Italicization Conventions) (BB p. 30) The Virginia Law Review does not follow the elaborate typeface conventions of the Bluebook. Notwithstanding the use of typeface in the Slatebook, in the VLR itself the following rules apply: LARGE AND SMALL CAPITALS are used only for headings for Parts. Bold face and underlining are never used. Italicization is used only in the circumstances described below. Note that italics are used differently in citations and textual material. The difference between citations and textual material:

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● A “citation” is any reference in a footnote that has a signal (or “no signal,” according to Bluebook rule 1.2) followed by a source.

● “Textual material” is anything that is not a citation, whether it is in the footnotes or in the main text. Thus, case names that are themselves part of sentences are considered text, even in footnotes. Parentheticals are also text. This rule is confusing to explain, so we hope the following examples (and those throughout the Slatebook) will clarify.

Ex. 1 Kendrick v. Six Authors in Search of a Journal, 87 F.3d

372 (4th Cir. 1996) (distinguishing the case from Bress v. Yale Law Journal, 85 F.3d 275 (4th Cir. 1995)).

6 The Fourth Circuit Court of Appeals affirmed the

district court’s decision in Nerd Herd v. Sexual Chocolate, 95 F.3d 973 (4th Cir. 1998).

Bluebook Rule 2.1: [Italicization in] Citations (BB p. 30) The following italicization rules apply exclusively to citations in footnotes. (Textual material in footnotes and the main text is governed by the next section.) If it’s not on this list, and it’s in a citation, it should not be italicized. ● Case Names: The italicization of case names is governed by the following principles:

(1) Never italicize case names when they are part of a full citation.

Ex. 1 See, e.g., Doffermyre v. Michigan Law Review, 98 F.3d 473

(4th Cir. 1998).

(2) Always italicize case names when used in a short citation.

Ex. 8 Doffermyre, 98 F.3d at 478 (Attrep, J., concurring in part) (noting that VLR publishes on time and is a light-edit journal).

● Other items that must be italicized in citations include:

(1) The phrase “____ in.” Common examples include “reprinted in,” “quoted in,” and “cited in.”

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Ex. 8 Robert Lyman, The Inchoate Losses Utilized by the

Callipygian Jurisprudentialists, in Christine Kim, Words You Probably Don’t Understand and Neither Does Your Reader 486 (1999).

(2) The word “to” when citing to a preface, foreword,

introduction, or epilogue by someone other than the authors according to rule 15.6;

Ex. 9 See Andrew Gelfand, Introduction to Patricia

Freshwater, From Air Force to North Grounds: An Unauthorized Biography of Brad Barlow 17 (2002).

(3) Words or phrases in the title of a book or an article that

are italicized in the original.

Ex. 10 See Adam Steinbauer & A.J. Stephens, Larry Franklin’s Chinese Corporate Finance Debunked 46 (1998).

Bluebook Rule 2.2: [Italicization in] Textual Material (BB p. 32) Only the following should be italicized in textual material:

(1) All case names.

Ex. This situation is governed by Nelson v. Dallas Cowboys,16 which denied recovery for damages due to emotional distress. . . .

_______ 17 The court in Nelson transformed the face of tort jurisprudence.

(2) The names of books, journals, movies, plays, paintings, and continuing television series (but not the name of particular episodes of TV shows or song names).

Ex. Professor Diem Tran verified that Friends’ “The One With the

Prom Video,” accurately represents the mating behavior of lobsters.

Ex. Professor James Tysse required his small section to purchase

his textbook, Surviving Law School on Slim Jims and String Cheese.

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(3) Equations (e=mc2).

(4) Individual letters, when used to represent the names of hypothetical parties or places;

Ex. A formed a contract with B to purchase Blackacre, which is

located in state X.

(5) Words in quotations or titles that are italicized in the original (note, though, that words italicized in the original and italicized under one of the other Slatebook conventions should be in Roman, because the two italicizations cancel each other out).

Ex. Steinbauer and Stephens’s Larry Franklin’s Chinese

Corporate Finance Debunked overturns traditional thinking…

(6) Words the author wants to emphasize (Editorial Board members should mark these for the Departmental Editor’s reference).

(7) Certain foreign words.

● If the word is on the following list or is a variation of one of the words therein, it should be in ordinary roman type and NOT italicized.

Common foreign phrases: a fortiori, a posteriori, a priori,

amicus curiae, certiorari, de facto, de jure, dictum, ex ante, ex post, mens rea, prima facie, res ipsa loquitur, stare decisis.

● If the word is not on the above list or a variation of a

word on the above list, leave it (italicized or not) as the author put it, and the Execs will make a final decision.

Bluebook Rule 4.2b: “Hereinafter.” (BB p. 43) “Hereinafter” is generally only used when the same author is cited multiple times in the same footnote or when the shortened form would be confusing. VLR also allows use of “hereinafter” when multiple pieces by the same author are cited extensively throughout the text, even if the original citations are in different footnotes.

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Note that the shortened form should appear in the same typeface used in the full citation.

Ex. Proposed Amendments to the Slatebook: Hearings Before the Virginia Law Review Subcommittee on Citation Management, 108th Cong. 92-93 (2002) [hereinafter Hearings].

Ex: Kendra Robins, The Secret Ceremonies of Commissioners

(2002); Kendra Robins, The Life of an Editor-in-Chief: Finding Time for Four Hours of Sleep (2d ed. 2002) [hereinafter Editor-in-Chief].

Bluebook Rule 5.3: Omissions and Ellipses in Quotations (BB p. 44)

Please pay extra attention to ellipses. The Bluebook rules are complicated and it is very important that ellipses are done correctly at the initial edit and cite check stages. If you are not sure, please come by the Executive Editors’ office for help. Read the Bluebook rules carefully, then follow this process. The Bluebook rules in parentheses contains an example of each. 1. Look at the quote in the piece. Is it used as a phrase or a full sentence?

a. Phrase – The omitted material should be represented with an

ellipsis (three periods). Punctuation within the omitted material is not indicated, although there may be a comma immediately before or after the omitted material that may be indicated. There should be no 4-period ellipses when the quote is used as a phrase. (BB 5.3(a))

b. Full Sentence – Compare the original source and the quote in the

piece to determine where the material is omitted from. The material will be omitted from one of five places:

i. Beginning of the sentence (BB 5.3(b)(i)) Never use ellipses. If the first word is not capitalized in the original, capitalize it and put it in brackets.

ii. Middle of a single sentence (BB 5.3(b)(ii)) Use a 3-period ellipsis.

iii. End of the sentence (BB 5.3(b)(iii)) 20

This is when the material immediately preceding the final punctuation is omitted. Put a space after the final quoted word, followed by a 3-period ellipsis, and then the final punctuation.

iv. After the end of the sentence (BB 5.3(b)(iv)) If the last word quoted is the last word of the sentence, include the final punctuation, but no ellipses. If a sentence ends, but there is more quoted material after the end of the sentence, include the final punctuation and then the ellipses.

v. At the end of the sentence and after the sentence (BB 5.3(b)(v))

Use a 4-period ellipsis. Bluebook Rule 5.4: Quotation Paragraph Structure (BB p. 47) Follow the rules for the use of paragraph structure as outlined in this Bluebook rule. Do not assume that you already know the rules. Most importantly, when you have a block quote, check to see if the start of the block quote is the start of a paragraph in the original. If it is, indent it. If it is not, do not indent it. When the block quotation is placed in a textual paragraph in the footnotes, it should set off from the rest of the text in block quote format. If a quotation appearing in the footnotes is within a parenthetical, the quotation is enclosed in quotation marks and not otherwise set off from the rest of the text, regardless of its length. Bluebook Rule 6.1: Abbreviations (BB p. 47) ● Format: Always use quotation marks within parentheses to identify an abbreviation on its first reference in the piece.

Ex. Food and Drug Administration (“FDA”) ● First Appearance: If the term is first used in a footnote that precedes the first reference in the main text, introduce the abbreviation again at the first main text reference.

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● Organizational Names: Note the Bluebook rule provides that organizational names may be abbreviated without periods only when the entities “are commonly referred to in spoken language by their initials rather than their full names.” Thus, “CIA” and “NASA” are acceptable without periods, but the Western District of Virginia must be abbreviated “W.D. Va.” ● Political Entities (e.g., “United States”): Use periods when abbreviating the names of all political entities (for example, the U.S., U.N., the E.U., and N.Y.). Such abbreviations may only be used as adjectives; the abbreviations cannot be used as nouns. “United States” may not be abbreviated in a case name.

Ex. The European Union announced a new trade agreement on Thursday.

The E.U. trade agreement provides . . . .

Bluebook Rule 6.2: Numerals and Symbols (BB p. 49) Numerals: Follow the Bluebook rules for deciding whether a number should be spelled out or written as a numeral (rule 6.2(a), BB p. 49), and for the use of dollar and percent symbols (rule 6.2(c), BB p. 50).

Ex. Robert Prince embezzled $9 million from the Virginia Law

Review Association. Jen Attrep collected the nine dollars in copyrights owed to the

Virginia Law Review Association. ● As stated in Bluebook Rule 6.2(a)(v), when percentages or dollar amounts are repeatedly referred to within a Section, numerals should be used for those percentages or amounts (see Slatebook p. 38 for the definition of a Section). ● Exception: When indicating the number of votes a court’s opinion received, use the numerals separated by a hyphen. (“In Brown, the Court surprisingly voted 9-0 to desegregate public schools.”) Symbols: VLR convention differs slightly from the Bluebook in its treatment of section (§) and paragraph (¶) symbols. (BB p. 50)

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● In the main text, spell out and capitalize the words “Section” and “Paragraph” when referring to a specific part of a code or statute.

Ex. “The case was filed under Section 1983.” ● In footnote text and citations, the § or ¶ symbols should always be used, except at the beginning of sentences (where the word must be spelled out).

Ex. 1 The case was filed under § 1983. 2 42 U.S.C. § 1983 provides a cause of action in similar

circumstances. 3 Section 1983 claims have increased over the years.

● Remember to make sure there is a non-breaking space after

either symbol. Bluebook Rule 8: Capitalization (BB p. 51) The VLR follows all of the capitalization rules in this section of the Bluebook. Particularly note the treatment of “Commonwealth,” “State,” “Federal,” and “the President” (as used to refer to the office); mistakes are frequently made with these words. Below are a few additional capitalization rules, which supplement those given in the Bluebook.

(1) The terms Article, Essay, Book Review, Note, and so on (as well as subdivisions such as Part and Section) should be capitalized when used to refer to the piece itself. The terms should not be capitalized when used to refer to another work or subdivisions of another work.

Ex. The third Part of this Article will discuss Paul Rugani’s

seminal tract on the metaphors implicit in Superman: For Tomorrow.

Stacie Boothe discusses the reasons why she enjoys page

proofing so much in the third part of her latest article. (2) Do not capitalize “constitutional,” “governmental,” “congressional,” “presidential,” and similar adjectives.

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(3) Do not capitalize “government”: While “State” and “Commonwealth” are capitalized when used to refer to litigants in a suit, “government” should not be.

(4) Do capitalize references to foreign political units that are capitalized in the native language. For example, “several German Lander,” should be capitalized as in the native language.

(5) Capitalization of words in the titles of books, articles, and similar materials should follow the original, to the extent that the original provides such capitalization information. If the original is unclear (if, for example, the Lexis/Westlaw version is in all caps), follow the VLR default rule: Always capitalize the first letter of the first word of any title, and the first letter of the first word after a colon. Capitalize the first letter of every word in the title as well, except for prepositions, articles, and conjunctions of four letters or fewer (which should begin with lowercase letters).

Bluebook Rule 9: Names of Courts, Judges, and Professors (BB p. 53)

● Judges and Justices: The Bluebook rule requires use of the titles “Judge,” “Justice,” “Chief Judge,” and “Chief Justice.” Ed. Board members should add the appropriate title whenever a judge or justice is mentioned in the text.

● Professors:

○ Student authors should always use the honorific title “Professor” when referring to professors’ work in their Notes or Comments.

○ Other authors are encouraged to use it; Editorial Board members should insert the honorific title if the biographic material for the source’s author indicates that is appropriate. Most importantly, be sure that this title is used consistently (either give all professors a title, or don’t use the title at all).

● Previous Jobs/Positions: Indicate, by reference to the former title, when a justice, judge, or other person is mentioned in regard to his or her previous position.

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Ex. As then-Judge Ruth Bader Ginsburg wrote . . . .

● Courts: Give the full name of a court the first time that court is

mentioned in the text.

Ex. The United States District Court for the Southern District of New York awarded Brege $2 million in damages for being forced to work in a termite-infested office.

The United States Court of Appeals for the Second

Circuit reversed.

Subsequent mentions of the same court may be shortened so as to avoid ambiguity. (For these purposes, the first mention of any one circuit court or district court is considered to be the first reference for all subsequent circuit courts or district courts; that is, following a first reference to the Fourth Circuit Court of Appeals, it would be acceptable to say “the Third Circuit” the first time that court is mentioned.)

If the first textual reference to a court occurs in the footnotes before the first reference in the main text, use the full name in both instances.

Bluebook Rule 10: Cases (BB p. 55) The rules in the Bluebook govern. Note that the 18th edition of the Bluebook’s T.6 has an expanded list of abbreviations for case names in citations. The Bluebook also requires the abbreviation of the first word of case names in citations. Please remember that the words in T.6 are not abbreviated in textual material—including parentheticals—but the abbreviations are used in citations.

Ex. See Litland v. Univ. of Va., 102 F. Supp. 2d 226 (2004) (finding that under Philpott v. University of Virginia, 101 F. Supp. 2d 420 (2003), utter ignorance of flex exam procedures is not a valid excuse for failing to take an exam).

Bluebook Rule 10.2.1(h): Business Firm Designations (BB p. 61) As the Bluebook rule states, omit “Inc.,” “Ltd.,” “N.A.,” “F.S.B.,” and similar terms if the name of a party also contains

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words such as “Ass’n,” “Bros.,” “Co.,” “Corp.,” “Ry.,” and “R.R.” that clearly indicate that the party is a business firm. Additionally, omit “Inc.” and “Ltd.” even where they are the only business designations, whenever the name of the party itself clearly indicates that it is a business.

Ex. United Van Lines v. Brooks Bros.

Not: United Van Lines, Inc. v. Brooks Bros., Ltd. “Inc.” and “Ltd.” are always retained with one-word business firm names, because, in theory, the one word might be a party’s last name.

Ex. Microsoft Corp. v. Albertson’s, Inc. Not: Microsoft Corp. v. Albertson’s

“Ass’n,” “Bros.,” “Co.,” “Corp.,” “R.R.,” and “Ry.” are retained in all circumstances. Bluebook Rule 10.6: Parenthetical Information Regarding Cases (BB p. 67) Follow the Bluebook rule, with the following additions regarding the treatment of concurrences and dissents. ● When an “id.” refers to the same case and to the same opinion cited in the preceding citation, no parenthetical is necessary. But when the “id.” refers to a different opinion (i.e., concurring or dissenting), the fact must be indicated parenthetically, even if the second opinion cited is the majority opinion. A series of footnotes might read:

Ex. 1 Yuengling Lager v. Samuel Adams, 580 U.S. 201, 204 (1996).

2 Id. at 250, 253 (Hansel, J., concurring in part, dissenting in part, and concurring in the judgment).

3 See id. 4 See id. at 204 (majority opinion). 5 Id. at 280 (Kier, J., dissenting). 6 Id. at 206 (majority opinion).

● Judges Joining an opinion: VLR generally only includes the name of the judge or justice who wrote the dissenting or concurring

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opinion, but in some cases the names of those who joined the opinion are particularly important to the author’s point. In that case, the author of the opinion should be first; the order of those who joined the opinion should follow that used in the case:

Ex. 8 Yuengling, 580 U.S. at 240 (Mahler, Schaffer, & Reid, J.J., concurring in part, dissenting in part, and concurring in the judgment).

● When the text of the opinion itself does not say whether the opinion is a concurrence or a dissent, use the same format cited above but retain the description used in the opinion. These alternate descriptions are most likely to appear in citations to foreign courts.

Ex. 9 Public Service v. Private Profit, 501 U.S. 23, 68 (1994) (Short, J., separate opinion).

10 Broadway v. Dinner Theatre, 480 U.S. 142, 170 (1994) (Allen, J., statement).

Bluebook Rule 10.7: Prior and Subsequent History (BB p. 68) Do not italicize phrases dealing with subsequent and prior histories. In all other respects, the Bluebook rule governs. Bluebook Rule 10.9: Short Forms for Cases (BB p. 71)

● Bookman, 480 U.S. at 170: Although the Bluebook offers a choice of short forms, the one we use is: Bookman, 480 U.S. at 170. Id., of course, must be used where applicable under Bluebook rule 4.1 (BB p. 40). ● When case names first appear in the main text, we require a footnote call immediately after the first sentence in which the case is mentioned. If, in the same textual sentence, there appears a quotation or other proposition for which the case is cited, be sure to include pinpoint citation information as well.

Ex. In Robins v. Virginia Law Review Association the Supreme Court of Virginia held that the 2004–2005 managing board could, “as a matter of law, be held liable for the mono epidemic.” 1

_______ 1 543 S.E.2d 587, 597 (Va. 1997).

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Exception: When more than one case is introduced in the same textual sentence, use “call cites” after the case names to provide the basic citation information for the individual cases. Ex: Chief Justice Marshall gained notoriety with his majority opinions

in Marbury v. Madison1 and McCulloch v. Maryland.2

_______ 15 U.S. (1 Cranch) 137 (1803). 217 U.S. (4 Wheat.) 316 (1819).

Exception: When the sentence asserts the author’s argument rather than the holding of the case, use a footnote call immediately after the case name. Ex: The doctrine of judicial review pursuant to Marbury v. Madison1 is

long-established, but I believe that the case was wrongly decided._______ 15 U.S. (1 Cranch) 137 (1803).

● In the main text, use a case’s shortened name (generally, the name of one of the parties) only when the case has already been named in full in the same textual discussion (which we consider to consist of the main text of the “Part”).

Ex. II. The Supreme Court’s Approach The Court in Robins v. Trammell attempted to resolve the

conflict among the various circuits.3 . . . A. Criticisms and Commentators Many scholars have questioned the Court’s reasons for

granting certiorari in Robins. … III. New Directions It is uncertain whether the Robins v. Trammell approach

will be followed in the future.24

● In footnotes, do not use a shortened name or a short form citation unless the case has been either: (1) named or cited in the last five footnotes, or (2) previously named in the same textual discussion (that is, the main text of the Part) to which the footnote is appended.

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● Exceptions: All case names that appear anywhere in the main text may be short-cited in the conclusion, and cases that are the focus of the piece should be short-cited throughout, after the first main text reference. Bluebook Rule 12.3: Statutes: Current Official and Unofficial Codes (BB p. 78) As the Bluebook states, “Cite to the official code whenever possible.” For federal laws cite to the U.S.C. unless the law is too recent to have been codified there. For state laws, cite to the state code in the law library (though this code often is not the official code). Always be sure to check the code’s supplement. (For citations to the U.S.C., check the U.S.C.A. and its supplement, since the U.S.C., which was last updated in 2000, does not have a supplement.) Legislators have joined in a dark, cabalistic conspiracy to amend and repeal laws on a regular basis. Your law may be next. Bluebook Rule 12.5: Statutes: Secondary Sources (BB p. 83) Be aware that U.S.C.C.A.N., which is mentioned in this rule and in rules 13.4 and 14.7(b), was, in an earlier incarnation, the U.S. Congressional Service. Make sure that you check the volume’s spine carefully to ensure that the citation is to the correct name. Otherwise, follow the rule. Bluebook Rule 12.6: Statutes: Repeal, Amendment, and Prior History (BB p. 84) When the author cites an early version of a law that has later been amended or repealed, this later history should be included in the citation. This means that most citations to statutes must be checked for subsequent history. Because this is a pain, laws passed before 1900 (most notably the Judiciary Act of 1789) are exempt from this rule unless the subsequent history is relevant to the author’s point. Bluebook Rule 12.8.1: Internal Revenue Code (BB p. 85) The Bluebook suggests that in citations to the Internal Revenue Code, one “may” replace “26 U.S.C.” with “I.R.C.” In recognition of the fact that the IRS itself is not exactly known for its leniency, VLR convention says one must use I.R.C. instead.

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Bluebook Rule 12.9: Short Forms for Statutes (BB p. 89) Follow the short forms indicated in the Bluebook (pp. 89–90), with the following exception: U.S. Code provisions may be shortened simply to their section number (for example, “Section 1983” or “§ 1983”), so long as the volume number and code are clear by context. Remember that the word “Section” should be abbreviated to “§” in footnote citations & footnote text (Slatebook p. 22). When statutes are first named in the main text, put a footnote call immediately after the statute’s name; this footnote (or “call cite”) should provide a citation to the entire statute. The name of the statute should be given if the author is referencing the entire statue as opposed to a discrete section. Ex: Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962 (2000). If in the same textual sentence there appears a quotation or other proposition for which the statute is cited, another footnote call should appear at the end of the sentence; this footnote should take the form of “Id. § ___.” Note: the DE’s may, after consultation with the author and Execs, remove these call cites if (1) the textual discussion only discusses a case’s or book’s interpretation of the statute and (2) the statute is clearly cited within the source discussed by the author.

Ex: The Gun Free School Zones Act,1 invalidated in United States v. Lopez on Commerce Clause grounds, was intended to protect schoolchildren from gun-related violence.2

__________

1 Gun-Free School Zones Act of 1990, Pub. L. 101-647, 104 Stat. 4844 (previously codified at 18 U.S.C. § 922). 2 514 U.S. 549 (1995).

Ex: United States v. Lopez held that the Gun Free School Zones Act was an unconstitutional use of federal power to protect school children from gun-related violence. 1__________

1 514 U.S. 549 (1995).

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Bluebook Rule 13.3: Legislative Materials: Hearings (BB p. 93) As suggested by the examples given in the Bluebook (although not the text itself), always identify the speaker for any citation to a hearing.

Ex. The Use of Ouija Boards in Selecting Law Review Articles: Hearings on H.R. 334 Before the House Committee on Improving Legal Scholarship, 182d Legis., 1st Reg. Sess. 45 (Pa. 1998) (statement of Alan Trammell, policy analyst).

Otherwise, follow the Bluebook rule. Bluebook Rule 13.5: Debates (BB p. 95) As with hearings, always identify the speaker for any citation to a debate. Otherwise, follow the Bluebook rule. Bluebook Rule 14: Administrative and Executive Materials (BB p. 96) The Bluebook’s treatment of administrative materials is, quite frankly, abysmal. If you encounter an administrative source that does not correspond to any of the documents listed below or in the Bluebook, just take a deep breath and give it your best shot, remembering always that the point of a citation is to enable a reader to find the original source. When in doubt, include more helpful information rather than less. Who knows? Someday, future VLR members might see your suggestion here (wouldn’t that be exciting). Bluebook Rule 14.2: Rules, Regulations, and Other Publications (BB p. 97) Federal Register materials In addition to the “final rules” and “proposed rules” discussed by the Bluebook in rule 14.2, lots of other things seem to be published in the Federal Register as well. We’re not quite sure what all these things are, but we do know how we cite them: by title (even if very long), followed by the regular Federal Register citation information shown in rule 14.2.

Ex. Request for Proposed Standards for Unrelated Allogeneic Peripheral and Placental/Umbilical Cord Blood Hematopoietic Stem/Progenitor Cell Products; Request for Comments, 63 Fed. Reg. 2985, 2986 n.5 (1998).

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Cord Blood Stem Cells: Discussion of Procedures for Prepara-tion and Storage; Notice of Public Workshop, 60 Fed. Reg. 58,088 (1995).

Comments and Letters Individuals and entities that may be affected by a proposed administrative rule often submit comments and letters to the agency for it to consider during the rulemaking process. The agencies generally keep the materials on file under a specific docket number. These comments and letters are unpublished; therefore, copies should be obtained from the author or agency to keep on file at the VLR office. In the past, we have cited such materials in accordance with the following examples.

Ex. Jennifer L. Attrep, Vice President and General Manager, Cellcor, Inc., Comments for Public Meeting before FDA on Proposed Approach to Regulation of Snacks in the Law Review Office, Docket No. 97N-0068 (Mar. 17, 1997) (on file with FDA and the Virginia Law Review Association).

Letter from Sarah Teich, Senior Vice President, OsteoTech

Inc., to FDA concerning Docket No. 97N-0068 (June 16, 1997) (on file with FDA and the Virginia Law Review Association).

Bluebook Rule 14.6: SEC Materials (BB p. 102) When citing SEC materials, cite to both the Federal Register and the Federal Securities Law Reports (instead of following the Bluebook, which only requires citation to one of the two). We parallel cite for the following reason: The Federal Register is accessible to everyone, but SEC practitioners have easier access to the service reporter.

Ex. Exchange Act Release No. 12,345, 77 Fed. Reg. 586 (1985),

reprinted in [1984–1985 Transfer Binder] Fed. Sec. L. Rep. (CCH) ¶ 81,098, at 81,222 (Feb. 28, 1985).

In all other respects, follow the Bluebook rule. Bluebook Rule 15.4: Edition, Publisher, and Date (BB p. 110) Follow the Bluebook rule. Note particularly that there is always a comma after the abbreviation of “editor” to “ed.”, but never a comma after the abbreviation of “edition” to “ed.”

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There will normally be only two situations where a work’s publisher will need to be cited: a work that has been published by someone other than the original publisher per Rule 15.4(a)(iii) and works published before 1900 per Rule 15.4(c).

Ex. A.J. Stevens, The Frustrations of Designing an Intranet for the Technologically Challenged 129–53 (Kendra Robins ed., Penguin Books 2d ed. 2005).

Ex. Lindsay Buchanan, Aging Beautifully Through the Ages 129–

53 (Monifa Wright ed., Cambridge Univ. Press 1975) (1875). Bluebook Rule 15.5: Shorter Works in Collection (BB p. 112) General reminder: Always indicate the page on which a shorter work in collection begins the first time you cite it. If citing to that page, give the number twice.

Ex. Chris Termini, The Complete Idiot’s Guide to Playing Bass Guitar, in Preparing for the Libel Show 251, 251 (Katherine Allen ed., 2004).

Bluebook Rule 15.8.2: Short Forms for Shorter Works in Collection (BB p. 116) General reminder: Remember to use supra appropriately as described on Bluebook pages 116 and 117. If a shorter work in a collection has been cited previously, supra to the shorter work only; no further supra is necessary for the collection.

Ex. 24 Eben Hansel, A Night of Ridiculously Heavy Drinking or an Evening of Exec Page-Proofing?, in How to Push the Limits of Your Own Mortality, 14, 28–29 (2000).

26 Hansel, supra note 24, at 32.

If the collection has been cited previously, but a particular shorter work in the collection has not, use the supra for the earlier cite to the collection.

Ex. 23 See generally Cite Checks, the Law Review, and You

(Lindsay Buchanan ed., 2004).

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25 See Stacie Boothe, The Bluebook is Your Friend, in Cite Checks, the Law Review, and You, supra note 23, at 156, 173.

Bluebook Rule 16: Periodical Materials (BB p. 117) General reminder #1: Always indicate the page on which a periodical article begins the first time you cite it. If citing to that page, give the number twice. Newspapers have a unique page number rule, however, so look to Bluebook Rule 16.5 for guidance when citing them. General reminder #2: Always refer to Bluebook Tables T.11 and T.14 when abbreviating periodical names. You’ll be surprised what’s there. Bluebook Rule 16.3: Consecutively Paginated Journals and Magazines (BB p. 119) For works found within periodicals that are consecutively paginated throughout an entire volume (like most law review articles) follow this rule. When using HeinOnline, however, please refer to the title page of the article (and/or the issue in which the article appears) to determine the article’s actual year of publication. That is, if the footer on the HeinOnline PDF contains a two-year date span, please look to the date at the top of the article’s title page. Bluebook Rule 16.4: Nonconsecutively Paginated Journals and Magazines (BB p. 119) Look out for journals that are separately paginated within each issue, and cite them appropriately under this rule. There is one perennial problem of which you should be aware: The American Economic Review, which is published in standard paginated volumes, has a separate annual issue—typically, and confusingly, bound in the regular volumes—containing their Papers and Proceedings. We generally have cited it:

76 Am. Econ. Rev. (Papers & Proc.) 323, 323 (1986). Additionally, there exists at least one journal (the Justice System Journal) which is separately paginated, but, oddly enough, does not have any date indication other than the year—just the volume and issue numbers. We have cited it:

17 Just. Sys. J., Issue 5, at 89, 98 (1995).

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Bluebook Rule 17.1: Unpublished Materials (BB p. 126) We try to put unpublished materials on file in the VLR office before the relevant issue is published. Additionally, Departmental Editors always try to get at least oral permission from the unpublished source’s author to cite or quote the source. As indicated in the Bluebook rule, most unpublished source citations include a parenthetical which explains where the material can be found. The parentheticals we use are: (unpublished manuscript, on file with the Virginia Law Review Association) or (on file with the Virginia Law Review Association), depending on what the Bluebook citation form calls for. Note that “Virginia Law Review Association” is not italicized, since it refers to the name of the corporation, not the journal itself. Bluebook Rule 17.2: Forthcoming Publications (BB p. 128) Follow the citation conventions of the Bluebook. Editorial Board members should bring these sources to the attention of the Departmental Editors, so the Departmental Editors can phone the journals to ask for correct citation information and/or copies of the article. (The Execs or Departmental Editors will continue to check for this information, if necessary, up to the time the pages are sent to the printers.) Bluebook Rule 18: Electronic Media and Other Nonprint Resources (BB p. 129) When citing Internet sources we follow the general rules put forth in the Bluebook, which are virtually unintelligible. This section is intended to explain and simplify the rules for the citation of Internet sources. ● Traditional Source Accessed, Parallel Cite to Internet: “available at” As a general rule, if a source is available via traditional sources, those traditional sources must be cited. When a traditional source is available and that traditional source is accessed, the traditional citation may be supplemented by a parallel citation to the Internet following the explanatory phrase “available at”:

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Clara Vondrich, Office Decorating Tips, N.Y. Times, June 16, 2005, at D3, available at http://www.nytimes.com/lk/article.html. Kendra Robins, The Four Hundred Seventy-three Habits of Highly Effective People Who Are Forced to Work With Less Effective People (2001), available at http://www.thewoman.com/bk.html.

Date: The citation should provide a date for the traditional source according to the rule applicable to the traditional source. This means that the date for the traditional source will precede the citation to the Internet. A date for the Internet source is not necessary but may be included whenever such information will assist the reader. ● Source Only Available on Internet: “at” If a source is available only on the Internet, it is still best to cite it (insofar as is possible) according to the rule which governs traditional sources of the same general type. Thus, an article found in an online journal would be governed by the forms and conventions governing traditional magazine or journal articles. When material is found exclusively on the Internet, use the explanatory phrase “at”:

Leslie Kendrick, How to Skip Class, Read Literature, Follow Current Events and Still Succeed in Law School: Lessons from a Master, at http://www.unlearnedhand.com (last accessed April 13, 2004). Olivia Wang, How to Use Instant Messenger, Surf the Web, and Still Take Good Notes in Class: Lessons from a Master, 5 Va. J.L. & Tech., ¶ 6 (June 30, 2004), at http://www.vjolt.net/vol8/issue1/ vi8_01wang.pdf.

Date: The citation must provide a date for the Internet source, before the URL in the case on an online journal and after the URL in all other cases. SEE DATES GENERALLY SECTION BELOW. ● Traditional Source Available, Only Internet Accessed When a traditional source is available, but the traditional source is not accessed (because completely unavailable), the traditional citation must be supplemented by a parallel citation to the Internet using no explanatory phrase:

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Chris Termini, Bass Licks for Masters, 83 Yale J.L. & Music 663 (2001), http://www.yalejlmusic.org/articles/termini/lovejoy.html.

Before using this citation form, Editorial Board members should make every effort to find and cite traditional sources. For example, Newspapers and Magazines should always be accessed in the traditional form. If a hardcopy or microfilm copy is not available in the Law Library, such sources are almost always available at one or more of the other libraries in the University of Virginia System (for example, Alderman and Clemons). If a good faith effort fails to produce the traditional source, we assume the author used the Internet source as well. Date: When available, there should be a date provided for the traditional source, according to the rule applicable to the traditional source. A date for the Internet source may be included whenever such information will assist the reader. Again, if there is only a citation to the Internet, the date should be provided after the URL, whether the date the work was created/published or, if that is unavailable, the date it was last accessed: “last accessed.” ● Dates Generally The date provided should be one of the following, in order of preference: the date of the case, statute, article, or other material as specified in the information itself; the date the Internet site was last modified, using the terminology provided by the Internet provider; or the date the Internet site was last visited to confirm the presence and location of the information.

The nature of the date provided should be stated in the date parenthentical. Ex: (last accessed Dec. 25, 2004).

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Some Additional Points of Style and Grammar

Internal References to the Piece Articles, Essays, Book Reviews, Notes, and so on should refer to themselves in the future tense in the Introduction.

Ex. This Note will discuss the significance of the Court’s latest opinion on . . . .

Generally, an Article, Essay, or Note should refer to itself in the present tense once it is past the Introduction.

Ex. This Part shows how . . . . Subdivisions of pieces designated by Roman numerals are referred to as “Parts”; all other, smaller subdivisions should be called “Sections.” Internal references should be capitalized, but external references should not.

Ex. The third Part of this Note will discuss the incoherent thesis of Professor Ervin’s article.

Grammar, Punctuation, and Word Choice This Section provides a quick reference list for some recurrent grammar and style issues that past and present Managing Boards have considered. If you want an answer to a question that’s not addressed by this list or the Bluebook, note that the Government Printing Office Manual is the penultimate authority on most grammar and style issues. (The ultimate authority is a proclamation of the Executive Editors.) The Chicago Manual of Style, Strunk & White’s The Elements of Style, and Fowler’s A Dictionary of Modern English Usage can also be helpful. All of these guides can be found in the Executive Editors’ office. Grammar

(1) Complex nouns: Usage is generally situational; note, however, that we use “decisionmaker” and “policymaker” rather than “decision maker” and “policy maker.”

(2) Contractions: Contractions are generally inappropriate in the VLR.

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(3) First person: Student note authors are strongly discouraged from using the first person. Other authors may use it as they see fit.

(4) “However” and “but”: “However” should almost never appear at the beginning or end of a sentence; it should generally appear after the word or phrase that provides the basis for contrast. Use “but” to begin sentences sparingly.

(5) Hyphens and prefixes: Generally, hyphens are unnecessary unless their absence would result in ambiguity. We generally omit the hyphen after “anti,” “pro,” “non,” and most other prefixes. “Self-,” “quasi-,” and “well-,” however, are usually hyphenated. If lack of a hyphen would lead to confusion (for example, “re-call” vs. “recall”) or awkwardness (for example, “anti-male” vs. “antimale”), use the hyphen. The following “rule” may be of some help.

The Stroh’s hyphenation rule: When using two words as a

unitary modifier, generally use a hyphen. However, when the modifier is a past participle (the two-word modifier will be preceded by a form of the verb “to be”), there is no hyphen. This is more easily explained by an illustration: “fire-brewed beer” (beer brewed over a fire) but “this beer is fire brewed.” But do not use a hyphen when the first word of the unitary modifier is an adverb ending in “-ly” (for example, “highly qualified editor”).

• When “century” is used as part of an adjectival phrase

(“Mike Nemelka is a twenty-first-century renaissance man.”), the phrase is hyphenated. When used as a noun (“Pat Noonan’s favorite ball club last swept the World Series in the early twenty-first century.”), it is not.

• When writing ages, hyphenate “year-old” (“Martin Totaro has a twelve-year-old bottle of scotch on his desk for ‘emergencies.’”).

(6) Hyphens and dashes:

• Use hyphens for compound words and adjectives as noted above (for example, “The free-form sculpture, ‘The Lovely Pamela Bookman,’ stood defiantly in the town square.”).

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• Use the en-dash, a slightly longer version of the hyphen to indicate continuing or inclusive numbers, dates, time, or reference numbers (for example, 1968–72; Id. at 38–42). Use a regular hyphen for section numbers or other hyphenated numbers that do not indicate a range (for example, M.G.L. § 38-10).

• Use the em-dash, a significantly longer version of the hyphen to set off amplifying, explaining, and digressive elements (for example, Andrew—an unskilled but occasionally lucky pool player—somehow survived the first round).

(7) Split infinitives: Use the split infinitive sparingly, when the sentence needs extra stress on the adverb. The most important rule for split infinitives is to follow your ear. As The Elements of Style says, “Some infinitives seem to improve on being split . . . .”

Punctuation (1) Colons: Use only one space after a colon. Capitalize the first letter of the word after the colon when what follows would be a complete sentence if it were standing alone and is not a mere amplification of the material before the colon.

(2) Decades: “1980s,” not “1980’s.”

(3) Lists and series: The preferred comma usage is “X, Y, and Z,” not “X, Y and Z.” The same rule is used for other conjunctions.

(4) Parentheses: Leave a space between right and left parentheses.

Ex. Loatman v. Teich, 547 U.S. 357 (1994) (Totaro, J.,

concurring).

(5) Quotation marks: Commas and periods go inside quotation marks, colons and semicolons outside.

(6) Apostrophes: The possessive of singular nouns is formed by the addition of an apostrophe and an s, the possessive of plural nouns (except for a few irregular plurals) by the addition of an

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apostrophe only. The only exceptions are too few to mention and will be fixed by the Execs (if anyone cites, for example, to Moses).

Ex. The horse’s mouth the puppies’ tails Congress’s perks the editors’ ire

(7) Footnote calls: Place after commas, semicolons, colons, periods, and quotation marks, but before dashes and ellipses. Place outside parentheses unless referring only to material within the parenthetical.

Word Choice

(1) “Guaranty” or “guarantee”: Use the first when referring to a right afforded by a legal provision (for example, “constitutional guaranty” or “guaranties”), use the second when referring to guaranteed loans or when using the word as a verb (for example, “Ryan Schaffer guarantees that VaSE is the second-best journal at UVA.”).

(2) “Legitimate” or “legitimize”: The first is an adjective, the second a verb.

(3) “Alternate” or “alternative”: The first is used in the sense of “every other” or “replacement,” the second in the sense of other available paths. (The more common error is to use “alternate” where “alternative” is needed.)

(4) “Which” or “that”: We painstakingly limit our usage of “which” to introducing nonrestrictive clauses, which follow a comma. For restrictive (that is, no-comma) clauses, use “that.” For example: “The Virginia Law Review, which is published eight times a year, is the only legal periodical that publishes a cartoon issue.” In contrast: “The only journal that publishes a cartoon issue is the Virginia Law Review.”

(5) “Whether”: Delete the words “or not” from the phrase “whether or not” where possible. (Retain “or not” when the phrase is used to mean “regardless of whether.”)

(6) “I.e.” or “that is” and “e.g.” or “for example”: In textual sentences, whether in the text or in a footnote, we prefer the

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second, English form. There are enough unintelligible Latin phrases in legal writing that we can improve a piece aesthetically with this simple rule. (7) “On the one hand” must precede “On the other hand”: Many authors tend to use the “other hand” all by itself. When reminded that one hand comes before the other, they usually relent. (8) “Impact”: When used as a verb, “to impact” refers to physical contact (think car accidents), but as a noun it can be used to mean “effect.” In other words, the Supreme Court opinion cannot have impacted the legislators (unless the opinion fell on their toes), but it may have had an impact on the legislature.

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Formatting Tips for Departmental Editors

Nonbreaking Spaces: Ellipses The spaces within any ellipsis (whether three or four periods in length) should be nonbreaking spaces. (Departmental Editors should note that nonbreaking spaces can be typed in Microsoft Word by pressing ctrl-shift and the space bar at the same time.) Similarly, the space between the word preceding an ellipsis and the ellipsis itself should be a nonbreaking space. That is, the ellipsis is attached to the word that comes before it. The space after the ellipsis should be a regular space. This allows text lines to break after an ellipsis, while preventing an ellipsis (or worse, part of an ellipsis) from starting a new line of text. Symbols A nonbreaking space must be used between a § or ¶ and the numbers that follow, to prevent a line break from separating the two. Nonbreaking spaces can be typed in Word by pressing ctrl-shift and the space bar together, or by going to Insert Symbols Special Characters and selecting the appropriate symbol. En-dashes As noted above, the en-dash is used for continuing or inclusive numbers, dates, times, or reference numbers. An en-dash can be formed in MS Word by pressing Ctrl at the same time as the hyphen key on the number keypad. Em-dashes As also noted above, the em-dash is used to set off amplifying, explaining, and digressive elements. An em-dash can be formed in MS Word by pressing Ctrl+Alt at the same time as the hyphen key on the number keypad. Cross-References When using supra or infra to refer to another footnote or footnotes in the piece, it is imperative that you insert a cross-reference rather than just type in the number. This means replacing all existing jump cites with cross-references. This will save time in the long run because the cite will then automatically update when new footnotes or added or others deleted. To insert a cross-reference, got to Insert Cross-reference Footnote and click on the appropriate footnote. Note that supra and infra should only be used below the line. 43

Notes:

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Index Abbreviations, 21, 33 Abbreviations, cases, 25 Administrative materials, 31 Administrative materials,

comments and letters, 31 American Economic Review, 3 Books, 32 Capitalization, 22, 23–24 Comments and letters to

rulemaking agencies, 31 Courts, 23 Cross-references, internal, 14,

19 Debates, 31 Edition, 32 Editor, 32 Em-dashes, 38, 39, 43 En-dashes, 38, 39, 43 Federal Register, 31 Footnote and text interaction,

16, 21, 25, 27, 29, 40 Footnote calls, 27, 40 Forthcoming publications, 35 Hearings, 30 Hereinafter, 19 History, prior and subsequent,

cases, 27 History, prior and subsequent,

statutes, 28, 29 Honorifics, 24 Hyphens, 39 I.R.C., 29

Id., 26, 27, 30 Internal cross-references, 38 Italicization, 16, 17, 18, 27 Justice System Journal, 34 Justices, names and titles, 24 Justices, opinions, 26 Legislative materials, debates,

31 Legislative materials, hearings,

30 MS Word formatting shortcuts,

43 Nonbreaking spaces, 43 Paragraph symbol, 22 Parallel citations, 32 Parentheticals, 15, 16, 26 Part, 38 Periodicals, 33 Periodicals, annual issues, 34 Periodicals, nonconsecutively

paginated, 34 Quotations, 21 SEC materials, 32 Section symbol, 22, 29 Short forms, cases, 17, 27 Short forms, statutes, 29 Signals, 14 Subdivisions, 38 Typeface, 16, 17, 18 U.S.C., U.S.C.S., 28 U.S.C.C.A.N., 29 Unpublished materials, 34

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