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Validating Your Research with Shepard's Citations: Essential Bluebook Rules Explained

This chapter focuses on the validation of research through Shepard's Citations and key signals per The Bluebook Rule 1.2. It explains signals like "no signal," "see," "cf.," and "contra," which guide users in understanding the relationship between cited authorities and propositions presented. It further details the information provided by Shepard's regarding case and statute citations, including amendments, case history, and available resources in print and online. Emphasizing the importance of accurate citation practices, the chapter serves as a vital guide for legal research validation.

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Validating Your Research with Shepard's Citations: Essential Bluebook Rules Explained

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  1. CHAPTER 10 Validating Your Research: Using Shepard’s and Other Citators

  2. The BluebookRule 1.2 – Signals Showing Support • No signal: Indicates the cited authority • E.g.: Cited material states the proposition presented in the sentence; other materials also states the same proposition, but a cite is not helpful or necessary

  3. The BluebookRule 1.2 – Signals Showing Support • See: Used instead of “no signal” when proposition stated is not exactly stated by the authority cited but clearly follows it • See also: Cited authority is additional support for the proposition presented

  4. The BluebookRule 1.2 – Signals Showing Support • Cf.: Indicates that the cited authority provides material similar to the proposition • Compare: Shows that comparison of the authorities provides support of the proposition presented

  5. The BluebookRule 1.2 – Signals Showing Contradiction • Contra: Cited authority is contrary to the proposition • But see: Cited authority supports a position contrary to the proposition

  6. The BluebookRule 1.2 – Signals Showing Background Material • See generally: Cited authority offers background material related to the proposition

  7. Shepard’s Citations • Information provided for case citations: • Parallel cites • Cites to same case if subject of published opinions of other courts • Cites to all cases discussing your case • Description of how other cases have considered your case citation • Cites to certain secondary sources discussing your citation

  8. Shepard’s Citations • Information provided for statute citations: • Whether statute has been amended or repealed • Cites to case law discussing statute • Description of how case law has considered the statute • Cites to certain secondary sources discussing the statute

  9. Shepard’s Citators in Print • Shepard’s United States Citations • Shepardizes U.S. Supreme Court cases • Shepard’s Federal Citations • Shepardizes federal district court and appellate court decisions • Federal Supplement • Federal Reporters

  10. Shepard’s Citators in Print(continued) • Citators for each of the regional reporters • Citators for state case reporters

  11. Shepard’s CitationsInformation Provided About Cases • Whether a cases has been overruled by a subsequent case • Whether a cases has been criticized by a subsequent case • Whether a cases has been approved by a subsequent case • Whether a cases has been questioned by a subsequent case • Whether a cases has been cited in dissent of a subsequent case

  12. Shepard’s CitationsAbbreviations Shepard’s relies very heavily on abbreviations See Figure 10-4 on page 261 and Figure 10-5 on page 262 for case history and case treatment abbreviations

  13. Shepard’s CitatorsUpdates to Main Volumes • Cumulative Supplement (Red paperback) • Annual and Semi-annual Supplement (Gold paperback) • Advance Sheets (White pamphlets) • A daily update service is available via fax, the Internet or by telephone

  14. Shepard’s Citations OnlineAvailable Through LEXIS • Information is current so updates are unnecessary • Citing information can be displayed selectively • Negative information is highlighted at the beginning • Normal terminology is used rather than abbreviations • Hyperlinks to authorities are provided

  15. Shepard’s Statutory CitatorsCoverage • Constitutions • Statutes • Codes • Administrative Regulations • Administrative Rules

  16. Shepard’s Statutory Citators • Provides information closely resembling case citations • See Figure 10-9 on page 268 of the text for an extensive list of the abbreviations used • Available in print and on-line

  17. KeyCite • On-line citator available through Westlaw • Provides similar information as Shepard’s but includes “depth of treatment stars” • The amount of stars indicates whether the case was merely mentioned or analysed in depth

  18. Other Electronic CitatorsAuto-Cite • Found on LEXIS • Provides parallel cites • Provides history • Provides negative treatment • DOES NOT list all cited authority

  19. Other Electronic CitatorsLexcite • Found on LEXIS • Searches LEXIS database for all case citations • DOES NOT provide comment or evaluation

  20. Cite CheckingAlways Verify • Citation format • Citation accuracy • Validity of authorities • Accuracy of authorities • Use of most up-to-date cases and authorities • Citation of quotations • Accuracy of quotations

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