BLR Orientation 2011 Welcome New Members Dear BLR

BLR Orientation 2011 Welcome New Members!

Dear BLR Team, Welcome and congratulations again on your accomplishment! I apologize for my absence this morning of the orientation. I was invited to conduct several interviews in Richmond and they could not be rescheduled. I will be back shortly after lunch. I look forward to meeting each and every one of you. Have fun! Sincerely, Rakesh J. Parikh Editor-in-Chief

Introduction Sophia Chase Managing Editor

Introductions Sophia Chase Managing Editor Neil Gibson Senior Notes Editor Rakesh Parikh Editor-in-Chief Spencer Katona Executive Articles Editor Patrick Taylor Executive Editor

Executive Board Emails • • • Rakesh Parikh - rjparikh@email. wm. edu Sophia Chase – sophia. chase@gmail. com Patrick Taylor – phtaylor@email. wm. edu Neil Gibson – nrgibson@email. wm. edu Spencer Katona – sskatona@email. wm. edu …And, if in doubt about who to contact, email wm. blr. 2011@gmail. com.

Website [wmblr. wordpress. com] Zac Jungers Technical Editor zacjungers@gmail. com

Coming up. . . Westlaw Presentation …Shelley Landfair & Breakfast!!

Calendar Sophia Chase Managing Editor

wm. blr. 2011@gmail. com When gmail asks if you want this calendar shared with you, say YES!

Fundraising Patrick Taylor Executive Editor

Fundraising - Dues: $125 due on September 17 th by 5 p. m. - Fundraising needs are yet to be determined - Last year’s fundraising efforts - Over $4, 000 in donations

Notes Process Neil Gibson Senior Notes Editor

BLR NOTE WRITING: “Have to? ” More like “Want to. ”

The BLR Note: What Is It? • Extended piece of persuasive writing advancing a novel legal argument • Addresses an element of business law; i. e. analyzes legal issues of a business topic • At least 50 pages of publishable quality • Structure often includes: – – – Introduction Contextualization of problem note will address Discussion of/background on relevant law Legal Analysis Conclusion

Topic Selection: It’s HUGE • Begin by identifying issues that interest you • Take inspiration from classes; prior work experience; personal interests; news articles • Read up on current scholarship re: legal matters pertaining to those issues • “Original” does not mean “groundbreaking. ” Subtle variations on existing arguments = OK • If you havent started looking, START NOW; poorly chosen topic = CRAPPY note writing experience.

Examples of BLR Note Topics • Capacity, under present law, of Informal Funds Transfer Systems to improve access to finance in poor and underserved regions of the world • Evaluation of Supreme Court ruling in Bilski v. Kappos (re: business method patents) • Potential legal solutions to/liability associated with sale of tainted blood products • Evaluation of Sherman Act claim against NCAA re: restrictions on number/duration of scholarships

The Carrot and the Stick • The Carrot – Get published!!! – Improve standing for editorial board consideration – Fulfill school writing requirement • The Stick – No granting of credit (“fail” or “incomplete”) o Up to Notes Editors’ evaluation final product (publishable quality? ) and performance throughout (meet due dates? ) – Removal from journal o Can’t note journal membership on resume

FLEX DAYS • Our gift to you: FIVE (5) grace days, to be applied whenever, for overdue assignments • Our advice to you: Use them well. . . i. e. save use for the most challenging assignments • Our warning to you: There are no “extra” flex days, so plan accordingly • Additional Rules: Flex days do not. . . – apply to cite checks – apply to your final draft

Notes Editors • Valentine Uduebor; Martin Williams; Neil Gibson • Each note writer will be assigned to one of the three notes editors • We will meet at least three times during the first semester to discuss your progress. • We = YOUR resource; use us as you move through the research/writing/editing process!!!

Note Writing Calendar September 4: Note Topic due September 18: Preemption Check due October 7: Preliminary Outline due October 31: Extended Outline due (research nearly complete) • November 28: First 25 pages due (!!!) • Note: All assignments due 11: 59 p. m. of due date (BLR calendar says 5 p. m. only because it is easier to read!). • •

Bluebooking Assignment • What are your questions? • Were there any problem areas? • To be discussed after lunch…

Coming up. . . Honor Presentation …Jimmy Dougherty …. Will Versfelt Westlaw Presentation …. Jennifer Salyers …Michael Bagel Lunch & 10 minute break!

Publication Process Rakesh Parikh/Sophia Chase

Cite Checking Alex Grout Senior Articles Editor

C. I. T. E. C. H. E. C. K. I. N. G. See SUPER IMPORTANT. See also Time consuming; tedious; But see We’re here to help; Compare printing 2000 pages per citecheck with paperless cite checking.

Relevant Documents: 1. Appendices 1. 2. 3. 4. 5. 6. 7. A: Cite checking B: Relevant symbols C: Creating sources D: Entering edits E: Submission of cite check F: Selected cite check and editing guidelines G: The source binder 2. Cite Checking Agreement 3. Disciplinary Agreement

Your Responsibility, and Why It’s Important • Duty: As cite checkers, you are the first line of defense against: • Poor grammar, punctuation, formatting, and word usage; • Incorrect footnotes, incomplete footnotes, nonexistent footnotes. – NOTE: All pressing abnormalities (for example--plagiarism) should be brought to the attention of your Articles Editor (AE) as SOON as possible.

Overview of Cite Check Process • (1) “Find Sources” in PDF format • Due within 48 hrs of cite check assignment • (2) “Gathering Sources” • Due within 96 hrs of cite check assignment • (3) “Preparing Sources” • Including verifying quotations and highlighting the text • Bracketing the relevant information • Creating a Sourcebook for future edits – See Appendix C • (4) “Adding Sources and Pin Cites to Ensure Proper Citation” • (5) “Selected Cite Check and Editing Guidelines” • See Appendix F • (6) “Creation of ‘Problem Sheet’ for Egregious or Impossible Problems” • (7) “Turn in your Cite check” • See Appendix E

Step 1: Finding Sources • Duty: For every footnote that the author has made, you must find a PDF of the original text of that work. Some recommended places to look for PDFs are: – – – 1. Hein. Online 2. Hard Copies in the Law Library 3. Hard Copies at other W&M Libraries 4. Lexis/Westlaw [PDF versions ONLY] 5. LION/World. Cat …. When unsure what the source is, or where to find it…. Use GOOGLE!. . Or better yet. . . The Reference Librarians! ALL sources must be found within 48 hrs [including ILL requests, and requests made to Team Leader for Swem materials]

Step 2: Gather Sources • Duty: Once you have located a source, the Business Law Review needs a scanned copy of the source, in relevant part, to keep on records for: – (a) Future editing – (b) If a problem arises with the editing process – (c) In case someone challenges our author’s work

How Do I Gather and Prepare Sources (correctly)? • Gathering Sources: – Sources must be gathered, saved, and merged into a “Sourcebook” containing all of the sources from the cite check. – All sources that are found in hard copies, i. e. , books from the law library or Swem, MUST be checked out with the appropriate “slip” and put on the BLR shelves in the cite checking room within 96 hrs. • AND … Cite checkers should inform all members of their team that a source is now located on the shelves. (hint: use reply all) – What Needs To Be In The Sourcebook? …

Required Pages in the Sourcebook: See BLR Staff Manual for Details • • • Books – pages required for the sourcebook Cases – – Title page (must include full title and author’s name) Page(s) with publication information (you must account for the year published, edition if there is one, and publisher and/or editor if there is one) First page of the relevant shorter work (if part of a volume of collected works) All pinpoint pages » It is not necessary to copy a particular pinpoint page again if it is the same as the first page of the relevant shorter work – – – For U. S. Supreme court cases, you must use the U. S. Reporter found on HEINonline (if unavailable, use the Supreme Court Reporter) For other federal and state cases, cite checkers shall use Westlaw to create a. pdf document (Lexis does not have this feature) or create a. pdf file with the case reporters located in the Law Library For EACH citation, save in the following order » First page of the case » First page of the concurring/dissenting opinion (if pinpoint pages are therein) » All pinpoint pages (unless the same as the first page of the case or the first page of the concurring/dissenting opinion) » On-line Shepard’s or Key. Cite (direct history only) Must save all above pages in the above order for cases cited short-hand For unreported cases, follow Rule 18. 1. 1 in the Bluebook Note: for cases without a pinpoint citation and that do not need a pin point, print the first page of the case and the holding – – – Statutes/Legislative Materials/Administrative Regulations – – – • – – Journal Articles – – • • • Check Hein. Online or the printed copy of the official code, including any supplement or pocket papers For EACH citation, save the following in the following order » Title page of the book » First page on which the statute/regulation appears » All pinpoint pages » An online Shepard/Key. Cite report (direct history only) These saved pages must account for the title of the reporter used, the full title of the statute (if any), the section number of the statute, and any subsections cited (i. e. , section 104(a)(1)) It is not necessary to save a particular pinpoint page again if it is the same as the first page on which the statute appears Save all the pages listed above for statutes cited short-hand – – Retrieve from HEINonline if available » If not available on HEINonline then obtain and create a. pdf from the bound journals in the Law Library Include, in the following order » Table of contents page listing the title of the journal, volume number, date of publication, and article cited » First page on which the journal article appears » All pinpoint pages These copied pages must account for the journal title, volume, and year, and the article or note’s author, title, first page number, and special indication of authority (e. g. , article, note, comment) It is not necessary to save a particular pinpoint page again if it is the same as the first page on which the journal article appears. You must, however, resave all the pages listed above for articles cited short-hand that cite to new pages (i. e. , Post, supra note 10, at xx-xx). Newspaper Articles – – Original New York Times articles can be found on Pro. Quest, which is a database available on the Law Library website For other newspapers, if the article is located at SWEM, whether in print for or on microfiche, each individual shall make a copy of the ENTIRE newspaper article (including the front page indicating newspaper title and date, and making sure the page number of the newspaper article is – – After making the copy, this copy must be converted into a. pdf file. For EACH citation, the cite-checker shall save, in the following order » Front page » First page on which the newspaper article appears » All pinpoint pages These pages must account for the newspaper’s name, date, section (if applicable), page number, article headline and any subheadings, and the author’s name (or if a special section category such as “Op-Ed, ” an indication of that fact). It is not necessary to include a particular pinpoint page again if it is the same as the first page on which the newspaper article appears, and the first page as saved includes the article in full. NOTE: If the newspaper article cannot be found at SWEM Library, save the appropriate pages from Westlaw or Lexis and alert AE/NE in the Problem Sheet. – – – indicated in the copy). Internet-only Sources – – – Ensure the web address works If the cited source can ONLY be found via the Internet (SSRN paper, website, etc. ), print the webpage to PDF Save the. pdf file in the following order » The first page of the source » All pinpoint pages It is not necessary to save a particular pinpoint page again if it is the same as the first page of the source Alert AE/NE of this source in the Problem Sheet Miscellaneous – – – If the source cannot be checked out to a shelf, copy and convert to a. pdf file, in the following order » First page of the source » All pinpoint pages It is not necessary to save a particular pinpoint page again if it is the same as the first page of the source. Alert AE/NE of this source in the Problem Sheet.

Step 3: Preparing Sources • See Appendix C

Step 4: Verifying Footnotes/ Pin Cites: • What Must be Done: – (1) Cite checker must highlight—verbatim—every quote found in the text. – (2) All sources must be scanned or downloaded and saved and compiled in cite-checker’s sourcebook. – (3) Cite checker must ensure that all references in the footnotes are accurate and are as concise as they can be, adding pin cites where necessary!

EDITING. . • Remember- ONLY use “track changes”. . . Do not make edits to the manuscript directly. • Do not edit without consulting: • (1) The Bluebook • (2) The appropriate BLR appendices • REMEMBER. . How to enter edits = Appendix D

Step 5: Editing Footnotes: • Duty: As cite checkers, it is your duty to make sure that the article or note that you are cite checking is properly footnoted. Proper Footnoting Includes: (1) Making sure all footnotes are properly blue booked (2) Making sure that all supras and infras refer to footnotes which accurately reflect the cited text (3) Making sure general citations to articles are pincited to the specifically relevant pages AND….

Adding Sources • It is important that cite checkers add sources for any unsupported material in the text of the note or article. – Why? • If you fail to add this, we’ve published plagiarism. • Specifically, as cite checker’s you are completing the most fundamental edit of the author’s work • When you add sources, the work quality improves, our journal improves, and your resume improves. It’s science.

How To Add Sources: • Sources that are added must be scanned and saved just as original sources. • Added sources should be added to the manuscript and denoted with a letter to indicate an added source, i. e. , – 71 a. , 27 b. , 199 c.

Substantive Editing • Duty: You are responsible for making substantive edits to the text of the article. The scope of that duty is as follows: – DO correct all grammatical and punctuation errors [see: Chicago Manual of Style and BLR conventions in Staff Manual] – DO retain the style and tone of the Author [very important] – DO NOT… Over edit! REMEMBER… Only edit materials that are “incorrect. ” if you disagree with an author’s correct but questionable word or punctuation usage, leave it be. Process: *** All edits should be made using TRACK CHANGES and in BLUE. APPENDIX D- ENTERING EDITS

Step 6: The Problem Sheet • Problem Sheets will be disbursed with your cite checks. – What Goes on a Problem Sheet? • If you cannot find a source despite your best efforts • If you there is tension or confusion between blue booking rules • Other egregious errors that could not be solved by cite checker.

Step 7: Turning In Your Cite Check: . . . Appendix E • • • • - Once a staff editor, AE, NE, or SAE has completed an assignment (note submission, cite check, team read, AE edit, etc. ), that individual must upload the document to the BLR website. Go to the “Editors Section” of the BLR website, (www. wm. edu/url/blr), by clicking on the corresponding link in the task bar on the left or the website. Click on the appropriate folder, located on the left task bar: – “Editing Submission Folder” – “Note Writing Submission Folder” Upload your document from your computer to the website. – If you are submitting an edited manuscript, the file should be labeled as follows: Last. Name. Author_Last. Name. Editor_Editing Phase_Section#. So for Example: Jones_Mohler_CC 1_2. The previous notation would indicate that Mohler edited the second portion of Smith's article for Cite Check 1. Use the following notation for editing phases: Cite Check is CC, Team Read is TR, and Page Proof is PP. – If you are submitting your sources, use the same notation as above and include the _sources to the end of the notation. So Jones_Mohler_CC 1_2_Sources. – If you are submitting your note the file should be labeled as follows: Last. Name_Submission. Version. Ex. Mohler_Premption. Check. Select your document (by checking the box to the left of the uploaded document) and move the document to the appropriate folder. If you have any difficulties submitting to the website, email your assignment to wm. business. law. review@gmail. com or save your assignment to a disc or flash drive and place it in your editing superior’s hanging file. The editor in ranking position directly above the editor submitting the document should review all submission times and check the box on the assignments page if the document was submitted on time. This approval check should be made within 24 hours of the submission deadline. Within 48 hours of the submission deadline, the EE will review any unchecked boxes and contact the appropriate parties to initiate the disciplinary process. The ME should pull all files from the website and save them to the appropriate Blackboard folders, a CD, a flash drive, and to the school’s S drive. For example: This is how the process would work for Cite Check 1. If Staff Editor (SE) is submitting Cite Check 1, SE would load the document to the Cite Check 1 submission folder by 2 pm on September 12. By 2 pm on September 13, the AE/NE assigned to the SE would review when the SE submitted the assignment. Assuming the SE submitted the assignment by the deadline, the AE/NE would check the box by SE’s name on the Cite Check 1 assignment portion of the webpage. See (https: //sites. google. com/site/wmblrstaff/risks-1). The EE will review the check boxes by 2 pm on September 14 and contact any parties that have not been approved. The AE/NE’s review of the cite check must be submitted to the appropriate folder by 2 pm on September 19. By 2 pm on September 20, the assigned SAE/EAE will review when the AE/NE submitted the assignment. Assuming the AE/NE submitted the assignment by the deadline, the SAE/EAE would check the box by the AE/NE’s name on the Cite Check 1 assignment portion of the webpage. The EE will review the check boxes by 2 pm on September 21 and contact any parties that have not been approved. SAE/EAE review of the cite check must be submitted to the appropriate folder by 2 pm on September 25. By 2 pm on September 26, the ME will review when the SAE/EAE submitted the assignment. Assuming the SAE/EAE submitted the assignment by the deadline, the ME would check the box by the SAE/EAE’s name on the Cite Check 1 assignment portion of the webpage. The EE will review the check boxes by 2 pm on September 27 and contact any parties that have not been approved. The procedure runs similarly for the note submission process with the assigned NE or SNE checking the boxes for their respective note writers. The same deadlines apply.

Evaluations: • Following your cite check, you will be evaluated by your AE/NE. – You will be rated on: • • (1) Source Preparation (2) Accuracy of Footnotes/Quotations (3) Bluebooking (4) Substantive edits RAMMIFICATIONS: (a) If your cite check is unsatisfactory, it will be returned to you. (b) There may be disciplinary actions taken against you. (c) Editorial board positions are determined with partial regard to your performance as a cite checker.

Bluebooking and Grammar Alex Grout/Sophia Chase

Common Bluebook Errors: Order of Citations • Bluebook Rule 1. 4 • All federal courts are the same use reverse chronological order by year, not by circuit. • State courts are placed in alphabetical order. • Secondary materials (R 1. 4(i)) – Uniform codes/restatements, books, journal articles, journal notes, periodicals, unpublished materials, electronic/Internet sources.

Common Bluebook Errors: Signals • Bluebook Rule 1. 2 – Support: [no signal], e. g. , see also, cf. – Comparison: compare … [and] … with … [and]. – Contradiction: contra, but see, but cf. – Background: see generally • Connect signals with a semicolons (R. 1. 3). • Quotations do not use signals. • Italicize signals in citations, but not in textual sentences (R. 1. 2(e)).

Common Bluebook Errors: Short Form Citations • The Rule of Five – When a case has been cited within five footnotes before the current footnote, use a short form citation. – E. g. , if you cite to United States v. Booker in footnote 7, you may short-cite to it in footnote 8, 9, 10, 11 or 12 but not 13. – This applies if footnote 7 is a full citation or a short -form citation (even an id. ).

Common Bluebook Errors: Id. for Different Opinions in One Case • • • Id. at 584. Id. at 635 (Jackson, J. , concurring). Id. at 638. Id. at 589 (Frankfurter, J. , concurring). Id. at 582 (majority opinion). Also, remember plurality and en banc decisions.

Common Bluebook Errors: Block Quotes • Bluebook Rule 5. 1 • 50 words or more – block quote – Write your initials and # of words in the margin. • 40 -49 words – no block quote – Write your initials and # of words in the margin. • 1 -39 words – no block quote – Write your initials in the margin. • Same rules apply to text and footnotes.

Common Bluebook Errors: Ellipses • Unlike Bluebook Rule 5. 3, there are no spaces between periods in an ellipsis (“…” not “. . . ”). • If you omit the end of the sentence, you use a space followed by four periods. (“This is almost the end of the presentation. ” “This is almost the end …. ” • Also: “This is the end. The end is drawing near. ” “This is the end …. drawing near. ”

Common Bluebook Errors: Citing Page Numbers • Bluebook Rule 3. 2 -3. 3 • Always retain the last two digits and omit any other common digits. – e. g. , 21 -26, 1121 -206, 1121 -2206 • For statutes, do not use a hyphen if it would be confusing. – e. g. , § 7 -6. 1 through 7 -6. 3 • §§ 7 -6. 1 to 6. 3, but not §§ 7 -6. 1 -6. 3

Common Bluebook Errors: Editors, Translators, Publishers, Editions • Bluebook Rules 15. 2 and 15. 4 • Be cautious when addressing these issues for proper citation of books and reports. • Only designate the edition if the source is not the original printing.

Common Bluebook Errors: Internet Citations • Bluebook Rule 18. 2 • Designate “last visited” parenthetical only for regular web pages, not books, reports, statutes, articles, cases that happen to be available online. • Write “available at” whenever a source could also be found somewhere other than the internet.

Common Bluebook Errors: Abbreviations • Bluebook Rule 6 • Make best friends with tables: – T. 6: Case Names (p. 335) – T. 7: Court Names (p. 337) – T. 10: Geographical Terms (p. 342) – T. 13: Periodical Titles (p. 349)

A (non-exhaustive) Check List q. Correct form of source name (long, short, id. ); q. Correct pages cited; q. Correct court abbreviation and date; q. Correct references to infras and supras; q. Correct signal used; q. For each case, include the Shepard’s or Key. Cite report (including negative treatment); q. For each statute, refer to the printed version and include a Shepard’s or Key. Cite report.

Bluebooking Assignment. . . Let’s Discuss!

Common Grammatical Errors: Chicago Manual of Style

Common Grammatical Errors: “That” versus “Which” • “That” is used restrictively to narrow a category or identify a particular item being talked about. • “Any building that is taller must be outside the state. ” • “The car that runs on diesel is in the garage. ” • “Which” is used not to narrow a class or identify a particular item, but to add something about an item already identified. • “The car, which runs on diesel, is in the garage. ”

Common Grammatical Errors: Time and Place • “While” and “since” are only used to suggest time. • Use “whereas, ” “although, ” or because instead. • “Where” connotes location. – Do not use it in place of “when” or “in which. ”

Layout Editor Needed! If you are interested in becoming the Layout Editor, please write a paragraph describing your qualification for the job, and send it to wm. blr. 2011@gmail. com by next Friday, August 26 th, 2011 at 5 p. m. Contact Sophia Chase at wm. blr. 2011@gmail. com with any questions.

…This guy need not apply!

Closing Remarks BLR Board

See you at Sterling Manor at 6: 00! Directions: Turn from Richmond onto High Street (by Movie Tavern, Five Guys). Head to the back right, behind Movie Tavern. We’ll meet at the clubhouse. Lost? Call Rakesh at (919) 656 -1566.