2019–20

Style & Citations Guide

Digest Reports are brief summaries of important developments in law and technology. The purpose of Digests Reports is to break down complex legal and technical issues for readers who may not be familiar with the topic. The Digest Reports also serve to keep attorneys who practice within the field of Internet and technology law apprised of new precedent or legislation.

Requirements

All articles should hyperlink to the original source material, preferably a PDF (e.g., court opinion or filing, legislation). Additionally, we recommend that all articles should have at least 2 hyperlinks to related material and/or commentary. They can include:

  • Briefs (filed by the party or amicus)

  • Legal blogs

  • News articles

Contributions should pull from a variety of sources and should be more than just reiterations of existing commentary or reporting. The 2-link minimum is exactly that – a minimum. Points should generally be well supported and should link to related content whenever possible.

Style

Since Digest is available online, some formatting preferences may be different, so this Digest citation guide supersedes the generic JOLT Style Guide. Below are some common items to check:

  • Only one space between sentences.

  • Do not include spaces around an em dash (“—“)

  • Quotation marks around acronyms located in parenthetical, e.g. Digital Millennium Copyright Act of 1998 (“DMCA”)

  • Do not capitalize mid-sentence generic party names: plaintiff, defendant, appellee, and appellant

  • Do not hyphenate the following words: decisionmaker, factfinder

  • Do not use underlining for emphasis. This can easily be mistaken for a broken link.

Commas

When listing three or more things, separate each pair with a comma, including the last pair. The last comma precedes the coordinating conjunction (e.g. and or or).

Example: Lions, tigers, and bears.

Capitalization

Only capitalize "court" when referencing the US Supreme Court or the full name of the court.

Example: "The District Court for the Northern District of California held..." or "The court held..."

Symbols

Outside of citations, do not use "§" and "¶." Instead, spell out and capitalize "Section" and "Paragraphs" in place of symbols.

Quotations

If you are quoting a source, make sure to review the Bluebook Rule 5: Quotations for formatting, alterations, internal quotations, and omissions.

Block Quotes — avoid them. You’ll already be linking the reader to the source so there’s no need to quote in length. The exception to this rule, though, is the situation when you are analyzing statutory language; in that case, having the statute conveniently displayed in the body of the article is encouraged.

Citations

Despite the Digest’s more informal style, we strive to maintain the high standards for JOLT student writing by citing sources consistently.

Documents that are the focus of an article, such as a slip opinion, statute, letter, etc., should be properly Bluebooked and located at the beginning of the article. Pincites need not be included throughout the article.

DOJ v. BMI: DOJ Argues BMI’s Fractional Licensing Practice Violates Consent Decree By [author] - Edited by [editor] Brief of Appellant, United States v. Broadcast Music, Inc., No. 16-3830-cv (2d. Cir. May 18, 2017), brief hosted by DJ Counsel.

... body ...

Online News Sources

Support your statements that derive from online news sources by creating hyperlinks out of parts of the statement. Select which words should be hyperlinked in the following preference.

  1. Name of the blog, newspaper, website

  2. Name of the author

  3. Operative phrase when the statement does not contain either (1) or (2)

Example: Ars Technica provides commentary. Not: Ars Technica provides commentary.

Generally, a blog’s name is preferred over the author; however, the author’s name may be included as desired. If it is a personal blog bearing the name of the sole contributor to the blog, the name of the author may be used.

Example: Eric Posner provides commentary. Example: Stewart Baker on The Volokh Conspiracy reviews the Privies.

Where it is awkward or undesirable to name the source in the sentence, create a hyperlink out of the group of words that the source best supports. Finding the right group of words can be a bit of an art, so work with your Editor on this.

Example: In May 2009, the European Commission fined Intel a record 1.06 billion Euros for abusing its dominant market position. Example: While prosecution placed significant emphasis on the text messages between the Carter and Roy during the trial, focusing particularly on the fact that their relationship was so tied to online communication, the judge rested his conclusion on a phone call they exchanged shortly before Roy’s suicide. Not: While prosecution placed significant emphasis on the text messages between the Carter and Roy during the trial, focusing particularly on the fact that their relationship was so tied to online communication, the judge rested his conclusion on a phone call they exchanged shortly before Roy’s suicide.

Law Review Articles

In-text citations to law review articles need not be in Bluebook format but should indicate the name of the author(s) and link to a PDF of the article. As with online news sources, hyperlink the name of the source where possible, but put the link on a descriptive phrase otherwise.

Example: The Innovator’s Patent Agreement bears similarities to the defensive patent license (“DPL”) proposed by Jason Schultz and Jennifer Urban.

Statutes

If a statute is available through an open access online source, such as through the Cornell Legal Information Institute, hyperlink to the source in text, and then Bluebook the source when it is cited. When referring to an act generally, cite to the first U.S.C. section of the Act. When referring to a particular provision of an act for the first time, include a hyperlink to that provision. The hyperlinked text should be the location in the United States Code.

Make sure to spell out the official name of the act the first time it is cited.

Example: Visual Artists Rights Act of 1990 (“VARA”), 17 U.S.C. § 106A (2012), a U.S. law offering moral rights to visual artists, is similarly limited. Example: Section 2520 of the Wiretap Act of 1968 (“Wiretap Act”), 18 U.S.C. § 2520, provides a private right of action against persons who violate the provisions of Section 2511 of the Wiretap Act, 18 U.S.C. § 2511.

Cases & Court Documents

Bluebook cases in full the first time they are cited and use an unambiguous shortened case name thereafter. Case names in the full cite should not be italicized if it is hyperlinked. For aesthetic purposes, do not include pincites throughout the article.

Example: Fourco Glass Co. v. Transmirra Products Corp., 353 U.S. 222 (1957) Example: Fourco Glass Co. v. Transmirra Products Corp., 353 U.S. 222 (1957) Not: Fourco Glass Co. v. Transmirra Products Corp., 353 U.S. 222 (1957)

Shortened case names should always be italicized and never hyperlinked.

Example: Fourco Glass Not: Fourco Glass Not: Fourco Glass

However, procedural phrases like In re should always be italicized, even if they are part of hyperlinks.

Remember that, for purposes of short forms, a citation to a court document including a case citation suffices as a citation to the case itself (Rule 10.8.3).

Since Digest posts are often more recent than print articles, they often rely on pending cases, rule 10.8.* Make sure to cite slip opinions (rule 10.8.1(b)) and cases decided en banc (rule 10.6.1) as appropriate.

Abbreviations

As per Bluebook Rule 10.2.1(c), when citing within the text, only abbreviate obvious names (e.g. NLRB, EPA) and any of the following eight words, but only if they do not begin a party’s name: “&,” “Ass’n,” “Bros.,” “Co.,” “Corp.,” “Inc.,” “Ltd.,” and “No.”

Where case names are included in endnotes, follow case name abbreviations in Table 6 of the Bluebook.

Hosted Sources

If a PDF of a court document is available through an open access online source (i.e., not through Westlaw or Lexis Nexis), hyperlink to the source from the document type or, if none, case name in the Bluebook citation. If the PDF is hosted by a non-court source, include “hosted by” language with the hyperlink on the document type (not a Bluebook abbreviation).

Example: MGA Entertainment, Inc. v. Mattel, Inc. (9th Cir. July 22, 2010)(No. 09-55673), hosted by sunsteinlaw.com. Example: Viacom International Inc. v. YouTube, Inc. (S.D.N.Y. June 23, 2010)(No. 07 Civ. 2103), slip opinion, hosted by Justia.com. Example: Complaint for Declaratory Judgment and Injunctive Relief, GoldieBlox, Inc. v. Island Def Jam Music Group, A Div. of UMG Recordings, Inc. (N.D. Cal. Nov. 21, 2013)(No. 3:13-cv-05428), complaint hosted by Scribd. Not: Viacom Int’l Inc. v. YouTube, Inc. (S.D.N.Y. June 23, 2010)(No. 07 Civ. 2103), slip op. hosted by Justia.com.

Substance

Keep in mind that the value of Digest depends heavily on its accuracy. Please check your piece against the following guidelines before submitting the draft.

Cases -- If the topic deals extensively with statutes or previous previous cases, please be sure those are mentioned and briefly described in the article. If possible, please also hyperlink to an online source (particularly Digest coverage of previous cases, if available).

Holding -- Make sure the article accurately reports case or administrative holdings. Think about both broad and narrow potential holdings. Consider the following points.

  • Who wrote the decision? Was the decision unanimous?

  • What did the lower court do? Why?

  • What facts, precedent, or law did the court cite in support of its holding?

  • What legal tests or rules did the court apply?

Dissent or Concurrence -- state the reasons for the dissent or concurrence and what points the court or panel diverged.

Significance -- Consider whether the holding

  • creates a circuit split.

  • clarifies (or confuses) a particular point of law.

  • creates a new legal test. Consider also mentioning whether the new test is more or less difficult to meet than the old one.

  • is the first to construe a particular statute.

  • expands or narrows rights of particular parties.

  • is the resolution of a long-running legal dispute.

  • concerns a innovation of significant public interest.

Legislation -- be sure to include the following

  • official name of the legislation

  • sponsors and supporters

  • major provisions (often identifiable from the headings)

  • history surrounding the bill and major differences (if any) between House and Senate bills

  • methods and penalties for enforcing compliance

  • articulate rationale for the legislation; distinguish between rationales in the legislation and those you see in floor debates, press releases, or commentary

  • significance, consider

    • whether this is the first legislation to regulate this area and/or what other states have enacted similar legislation.

      • what, if any, legislation is modified by the proposal.

    • the significance of the legislation.

      • whether it expands/narrows the rights of particular parties.

      • what (if any) industries have supported or opposed the bill.

Reasoning -- make sure the article accurately reports any reasoning to the extent possible in a summary. In particular, identify and describe legal tests.

Policy purpose -- for cases or legislation, provide any policy rationales identified in the primary sources.

Context -- make sure the article provides sufficient context to orient a reader only vaguely familiar with the subject.

Tone -- should be neutral and descriptive. Reporting controversy is okay; taking a side in the controversy is not.

Links -- check that all your hyperlinks point to the correct site and that all sources or mentioned cases or legislation are hyperlinked where possible.

Locating Relevant Material and Commentary

Reports should hyperlink to the original source material (e.g., court opinion or filing, legislation). In addition, all reports should have at least 2 hyperlinks to related materials and/or commentary. They can include:

  • Briefs (filed by the party or amicus)

  • Legal blogs

  • News articles

Locating Hyperlinks

Below is a rough procedure for identifying possible hyperlinks:

  1. Quickly check for blog posts

  2. Check Westlaw/LexisNexis (for cases) or Congressional websites (http://www.house.gov/ or http://www.senate.gov/) for related materials, including:

    • related/competing legislation

    • briefs filed or past orders

  3. Google search for the case or legislation. Consider linking to any resulting

    • blog links. To search legal blogs, please use Google Blog Search

    • SSRN papers (include "SSRN" as a keyword in the Google search)

  4. Search for JOLT articles: In Westlaw use the database "HVJLT" and use keywords from the case. Suggest any results that discuss the related topic.

  5. Search for JOLT Digest Report. Use the search bar to search for related articles.

Key Blogs

Recent Appellate Opinions

Court Filings

  • Lexis/Westlaw (briefs or motions for decided cases)

  • Justia (free access to many federal district court civil filings for ongoing cases)

  • PACER (JOLT can reimburse you for fees incurred in downloading)

Legislative Sources

PreviousEditor's GuideNextContributor's Guide

Last updated