THE INDIGO BOOK - Law Is The Operating System Of Our .
THE INDNDIIGO BOOOOKKAn Open and Compatible Implementation ofA Uniform System of CitationNOT AFFILIATED WITH OR AUTHORIZED BYTHE BLUEBOOK A UNIFORM SYSTEM OF CITATION
The Indigo BookManifestStatusThis document is in beta release and was last modified on May 2, 2016. Errors andomissions may be sent to carl@media.org or @carlmalamud.Publisher and LicenseThis file was published by Public.Resource.Org, Inc., (“Public Resource”) aCalifornia nonprofit corporation registered under I.R.C. § 501(c)(3). Contactinformation for Public Resource is at https://public.resource.org/about/.Public Resource does not charge for or restrict access to any materials we post.This document is published under a CC-0 public domain dedication—“No RightsReserved” and we waive all copyright and related rights in this work.Cover ArtThe cover art is courtesy of the Library of Congress Digital File LC-DIGppmsca-38347. The item is a WPA poster design on blue background created aspart of the Federal Art Project between 1936 and 1941. There are no knownrestrictions on publication of this item.Statement of NonaffiliationNOT AUTHORIZED BY NOR IN ANY WAY AFFILIATED WITH: TheColumbia Law Review Association, Inc., The Harvard Law Review Association, theUniversity of Pennsylvania Law Review, The Yale Law Journal Company, Inc., orThe Bluebook A Uniform System of Citation .AttributionCite as: Sprigman et al., The Indigo Book: A Manual of Legal Citation, PublicResource (2016).FormatsThis document is available in HTML and PDF formats.Page 2
The Indigo BookTable of ContentsManifestStatusPublisher and LicenseCover ArtStatement of NonaffiliationAttributionForewordIntroductionA. BACKGROUND RULESR1. Two Types of Legal DocumentsR2. Typeface StandardsR3. In-Text CitationsR4. SignalsR5. Capitalization RulesR6. Signals for Supporting AuthorityR7. Signals for ComparisonR8. Signals for Contradictory AuthorityR9. Signals for Background MaterialR10. Order of Authorities Within Each Signal / Strength of AuthorityB. CASESR11. Full citationR12. Court & YearR13. Weight of Authority and Explanatory ParentheticalR14. History of the CaseR15. Short Form Citation for CasesC. STATUTES, RULES, REGULATIONS, AND OTHER LEGISLATIVE &ADMINISTRATIVE MATERIALSR16. Federal StatutesR17. State StatutesR18. Rules of Procedure and Evidence, Restatements, and Uniform ActsPage 3
The Indigo BookR19. Administrative Rules and RegulationsR20. Federal Taxation MaterialsR21. Legislative MaterialsR22. Short Form Citation of Legislative and Administrative MaterialsR23. Sources and Authorities: ConstitutionsD. COURT & LITIGATION DOCUMENTSR24. Citing Court or Litigation Documents from Your CaseR25. Citing Court or Litigation Documents from Another CaseR26. Short Form Citation for Court DocumentsR27. Capitalization Within the Text of Court Documents and LegalMemorandaE. BOOKS & NON-PERIODICALSR28. Full Citation for Books & Non-PeriodicalsR29. Short Form Citation for Books & Non-PeriodicalsF. JOURNALS, MAGAZINES, & NEWSPAPER ARTICLESR30. Full Citation for Journals, Magazines & Newspaper ArticlesR31. Short Form Citation for Journals, Magazines & Newspaper ArticlesG. INTERNET SOURCESR32. General Principles for Internet SourcesR33. Basic Formula for Internet SourcesR34. Short Form Citations for Internet SourcesH. EXPLANATORY PARENTHETICALSR35. General Principles for Explanatory ParentheticalsR36. Order of parentheticalsI. QUOTATIONSR37. General Principles for QuotationsR38. Alterations of QuotationsR39. Omissions in QuotationsR40. Special Rules for Block QuotationsJ. TABLEST1. Federal Judicial and Legislative MaterialsT2. Federal Administrative and Legislative MaterialsPage 4
The Indigo BookT3. U.S. States and Other JurisdictionsT4. Required Abbreviations for ServicesT4.1. Service Publisher NamesT4.2. Service AbbreviationsT5. Required Abbreviations for Legislative DocumentsT6. Required Abbreviations for Treaty SourcesT7. Required Abbreviations for Arbitral ReportersT8. Required Abbreviations for Intergovernmental OrganizationsT8.1. United Nations and League of NationsT8.2. EuropeT8.3. Inter-American and International TribunalT8.4. Other Intergovernmental OrganizationsT9. Required Abbreviations for Court NamesT10. Required Abbreviations for Titles of Judges and OfficialsT11. Required Abbreviations for Case Names In CitationsT12. Required Abbreviations for Geographical TermsT12.1 U.S. States, Cities and TerritoriesT12.2 Australian States and Canadian Provinces and TerritoriesT12.3 Countries and RegionsT13. Required Abbreviations for Document SubdivisionsT14. Required Abbreviations for Explanatory PhrasesT15. Required Abbreviations for InstitutionsT16. Required Abbreviations for Publishing TermsT17. Required Abbreviations for Month NamesT18. Required Abbreviations for Common Words Used In PeriodicalNamesT19. Table of Citation GuidesT20. Tables of CorrespondenceK. CODICILL. ACKNOWLEDGMENTSPage 5
The Indigo BookForewordIn 2011, Frank Bennett, a law professor at Nagoya University in Japan, wrote to meabout open source software he was developing that he now maintains under thename of Juris-M. Professor Bennett’s work is an extended variant of an amazinglyuseful tool called Zotero that is created by developers around the world who wantto support scholars in their efforts to “organize, cite, and share research sources.”Frank added features to Zotero that support legal writing.Professor Bennett was two years into work on his project when he contacted theHarvard Law Review Association concerning the use, in electronic form, ofcommon abbreviations for U.S. sources as specified in The Bluebook. He wasrepeatedly rebuffed with stern “keep off the grass” warnings. I examined thoseabbreviations, and they are clearly facts that could only be expressed in one way.Not only are these abbreviations devoid of creativity, they are required by manylegal jurisdictions in the United States before one can plead a case of law beforejudges. So, I posted those abbreviations on my web site, and promptly receivedmy own “keep off the grass” missive from an outside law firm hired by theHarvard Law Review.It is important to understand, when we are talking about The Bluebook, A UniformSystem of Citation, that we are talking about two different things. There is aproduct, a spiral-bound booklet that sells for 38.50, which is accompanied by arudimentary web site available to purchasers of the product.Underlying that product, however, is something much more basic andfundamental, a uniform system of citation. Unpaid volunteers from a dozen lawschools, under the stewardship of four nonprofit student-run law reviews, havelabored mightily to reach a consensus standard for the citation of legal materials.This open consensus standard was developed, with no compensation to theauthors, for the greater benefit of the legal system of the United States. By clearlyand precisely referring to primary legal materials, we are able to communicateour legal reasoning to others, including pleading a case in the courts, advocatingchanges in legal policy in our legislatures or law reviews, or simplycommunicating the law to our fellow citizens so that we may be better informed.We do not begrudge the Harvard Law Review Association one penny of therevenue from the sale of their spiral-bound book dressed in blue. However, wemust not confuse the book with the system. There can be no proprietary claimover knowledge and facts, and there is no intellectual property right in the systemPage 6
The Indigo Bookand method of our legal machinery. The infrastructure of our legal system is apublic utility, and belongs to all of us.As Harvard professor Lawrence Lessig has famously stated, “code is law.” Thesystem of citation is code, an algorithm consisting of rules and a set ofenumerations of text strings and their proper abbreviations. This is code aboutlaw.In thinking of The Bluebook, I have been reminded of Big Blue, the IBMcorporation. IBM made a fortune selling Genuine IBM personal computers, butthis did not prevent others from making clones that were able to exercise theinstructions in the underlying chipset. When technology changed the nature ofthe computer industry, IBM did not spend its days trying to defend an outdatedmode of operation and instead moved up the food chain. The company hasgrown and prospered because of the computing revolution and the Internetinstead of trying to preserve an outdated position of economic power that couldnot last.Likewise, I wish the Harvard Law Review Association and their three companionlaw reviews the best in continuing to sell their Genuine Blue spiral-bound bookand any associated on-line services. However, that cannot mean prohibiting anopen source developer from using common abbreviations, and it certainly doesnot imply any ownership or control over how, in our democracy, wecommunicate the law with our fellow citizens. I hope you will enjoy The IndigoBook: A Manual of Legal Citation and that you will join me in extending mycongratulations to Professor Sprigman and his students on the excellent job theyhave performed in re-coding those rules.Carl MalamudPublic.Resource.OrgPage 7
The Indigo BookIntroductionWelcome to The Indigo Book—a free, Creative Commons-dedicatedimplementation of The Bluebook’s Uniform System of Citation. The Indigo Book wascompiled by a team of students at the New York University School of Law,working under the direction of Professor Christopher Jon Sprigman.The Indigo Book isn’t the same as The Bluebook, but it does implement the sameUniform System of Citation that The Bluebook does. The scope of The Indigo Book’scoverage is roughly equivalent to The Bluebook’s “Bluepages”—that is, The IndigoBook covers legal citation for U.S. legal materials, as well as books, periodicals, andInternet and other electronic resources. In addition, The Indigo Book offers citationguidance that is deeper than The Bluebook’s Bluepages—for example, The IndigoBook has citation guidance for bills, and for legislative history, that the Bluepageslack. For the materials that it covers, anyone using The Indigo Book will producebriefs, memoranda, law review articles, and other legal documents with citationsthat are compatible with the Uniform System of Citation.Note that The Indigo Book’s scope does not extend to (now virtually unused) looseleaf reporters, nor to foreign legal materials or the publications of internationalorganizations like the United Nations. Most American lawyers cite these materialsonly rarely, and providing citation rules for the enormous number ofinternational jurisdictions is part of what makes The Bluebook as unwieldy as it hasbecome.The Indigo Book offers a couple of important advantages to users, compared withThe Bluebook. Unlike The Bluebook, The Indigo Book is free. Free in two differentways that are equally important. First, The Indigo Book is given to you free ofcharge. Considering that the Uniform System of Citation has become a basicpiece of infrastructure for the American system of justice, it is vital that pro selitigants, prisoners, and others seeking justice but who lack resources are giveneffective access to the system lawyers use to cite to the law. That interest in accessand basic fairness is part of what motivated The Indigo Book’s creation.Second, and perhaps even more importantly, The Indigo Book is free of therestrictions of copyright. You are free to copy and distribute this work, and—mostimportantly—to improve on it. This is important, because we want people with astake in our legal citation system to help make that system simpler and better. Toachieve these goals, we are releasing The Indigo Book under a Creative CommonsPage 8
The Indigo Book“CC0” public domain dedication that allows you to use it, copy it, distribute it,and—we hope—improve it.So, what sorts of improvement do we hope for? This original edition of The IndigoBook is compatible with the current, 20th edition of The Bluebook. We will admit,however, that our decision to make The Indigo Book compatible with The Bluebook’sUniform System of Citation was mostly self-interested and strategic—we wantpeople to adopt The Indigo Book, and the best way to achieve that goal, wereasoned, was to give people a citation guide that they could use to producedocuments that look as if they used The Bluebook.We think this is the right path, at least initially, but please understand that ourdecision to make The Indigo Book Bluebook-compatible doesn’t stop you fromdoing otherwise. There are ways to improve The Indigo Book that involve breakingfree of The Bluebook. Indeed, in some ways the recent editions of The Bluebook haveadopted an unhelpfully over-prescriptive approach to citation that has resulted inneedless complexity. It wasn’t always that way. Back in 1959, the 10th edition ofThe Bluebook declared that “[t]he primary purpose of a citation is to facilitatefinding and identifying the authority cited. The rules set forth in this bookletshould not be considered invariable. Whenever clarity will be served, the citationform should be altered without hesitation; whenever a citation would not amplifythe identification of the authority referred to, no citation should be given.”That sounds right to us. Can we get back to a more sensible, flexible system oflegal citation? The Indigo Book takes the first step by restating the Uniform Systemof Citation for U.S. legal materials, and for books, periodicals, and Internet andother electronic resources. The next step is up to you. Take The Indigo Book, use it,enjoy it, improve it—maybe you international lawyers out there will add coverageof foreign and international law? Then, consistent with the spirit of ourproject—give your improvements to the world.Professor Christopher Jon SprigmanNew York University School of LawPage 9
The Indigo BookA. BACKGROUND RULESR1. Two Types of Legal DocumentsThere are two basic varieties of legal documents. The Uniform System of Citationimposes somewhat different citation rules for each.R1.1.Standard Legal Documents (SLDs). These are the documents lawyers file incourts, agencies, or other places where practicing lawyers do what they do(e.g., briefs and motions). They also include the documents lawyers write toone another or to the public (e.g., legal letters and legal memoranda). Wewill refer to these as standard legal documents.R1.2.Academic Legal Documents (ALDs). These are articles for publication inlaw reviews. We will refer to them as "law review articles."INDIGO INKLINGFor reasons that make very little sense, the Uniform System of Citation treatslaw review articles and standard legal documents differently. If we weredesigning the system from scratch, we'd scrap this distinction. But for themoment, we’re stuck with it. In The Indigo Book, we’ll state the rules forstandard legal documents. When we need to refer to law review articlesspecifically, we'll do that.R2. Typeface StandardsR2.1.Only the following items should be italicized: Case names—both full and short case names, and procedural phrases(e.g., In re and ex parte) preceding the case names (but note the specialguidance for law review articles in Rule 11.2.3); Book titles Article titles Legislative materials’ titles Introductory signals (e.g., see, cf. and accord) Explanatory phrases that introduce subsequent case history (e.g., aff’d orcert. denied) Cross references, (e.g., infra, supra and id.)Page 10
The Indigo Book Words and phrases that introduce related authority (e.g., reprinted in andavailable in)R2.2. The following words should be italicized when used in the text of standardlegal documents: Publication titles (e.g., The Onion) Words that are italicized in the original quotation; and All words that would be italicized in the text (e.g., foreign words that arenot commonly used in English language documents).INDIGO INKLINGThe typewriter was invented around the 1860s. The first edition of The Bluebookis from 1926. Typewriters of that era did not support italics or boldface. If youwanted to emphasize text, your sole option was to underline. Throughout TheIndigo Book, you'll see us italicizing text rather than underlining, because that’show we do it in the 21st Century. The Bluebook 20th Ed. still gives you theoption to do either, but you know where we stand.R3. In-Text CitationsR3.1.For standard legal documents, in-text citations are rendered either as (i) acomplete sentence that supports a claim in the immediately precedingsentence of text, or, (ii) when the citation relates to a particular part of asentence, as a clause within the sentence, immediately following the claimit supports. Only use footnotes for standard legal documents when allowed by acourt’s local rules. In contrast to standard legal documents, law review articles rely onfootnotes for citations.R3.2. Citations Following Sentences Most citations in standard legal documents follow complete textsentences. It is common to have several citations following a sentence,with each citation separated by a semicolon (known as a “string citation”). It is also common to employ more than one introductory signal, withcitations introduced by different signals arranged as separate sentences.(For the order in which introductory signals are arranged, see Rule 4.2,below.) Use this citation method to cite to sources and authorities thatrelate to the sentence as a whole.Page 11
The Indigo Book Example: Even if the meaning of the statute were not plain, the FCC’sconstruction of the 1996 Act is reasonable and therefore entitled todeference. See Chevron U.S.A., Inc. v. Nat. Res. Def. Council, Inc., 467 U.S. 837(1984); see also Nat’l Cable & Telecomms. Ass’n. v. Brand X Internet Svcs., 545U.S. 967, 1000 (2005) (holding that Chevron mandates that courts defer tothe FCC’s reasonable interpretation of its authority under the statutesthat the agency administers, even where a current FCC interpretation isinconsistent with past practice); Home Care Ass’n. of Am. v. Weil, 799 F.3d1084 (D.C. Cir. 2015) (finding the Department of Labor’s reasonableinterpretation of a provision of the Fair Labor Standards Act was entitledto deference under Chevron, even where it contravened previousreasonable interpretation of same provision).R3.3. Citations Within Sentences Some citations in standard legal documents are placed within sentences.Use within-sentence citations to cite sources and authorities that relate toonly a section of the sentence. Separate within-sentence citations from thetext with commas. The citation clauses directly follow the claim whichthey support. Do not model them after normal sentences unless: the clause opens with a source that would be capitalized anyway—this isthe only case where the clause should begin with a capital letter; or it is the sentence’s final clause—this is the only case where the clauseshould end with a period. Example: Knowingly throwing undersized groupers overboard to avoidfederal agents investigating a violation of federal conservationregulations is not destruction of evidence within the meaning of theSarbanes–Oxley Act of 2002, see Yates v. United States, 135 S. Ct. 1074(2015), even though the Eleventh Circuit fishily held just the opposite,United States v. Yates, 733 F.3d 1059 (11th Cir. 2013).INDIGO INKLINGScholars have criticized this elaborate system of string citations, requiring thewriter to determine not only the degrees of authoritativeness of relied-uponworks but also to disclose their precise relevance, including (perplexingly)sources contrary to the writer’s argument. One might ask why the legalprofession chose for itself such an odd and onerous citation system. Onecommentator describes the system as derived from an “anxiety ofauthoritativeness.” Michael Bacchus, Strung Out: Legal Citation, The Bluebook,and the Anxiety of Authority, 151 U Pa. L Rev. 245 (2002).Page 12
The Indigo BookR4. SignalsR4.1.A signal illustrates the relationship between the author’s assertion and the
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