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BLR Orientation 2011. Welcome New Members!. Dear BLR Team, Welcome and congratulations again on your accomplishment! - PowerPoint PPT Presentation

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Page 1: BLR Orientation 2011

BLR Orientation 2011

Welcome New Members!

Page 2: BLR Orientation 2011

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. ParikhEditor-in-Chief

Page 3: BLR Orientation 2011

Introduction

Sophia ChaseManaging Editor

Page 4: BLR Orientation 2011

Introductions

Sophia ChaseManaging Editor

Patrick TaylorExecutive Editor

Rakesh ParikhEditor-in-Chief

Spencer KatonaExecutive Articles

Editor

Neil GibsonSenior Notes Editor

Page 6: BLR Orientation 2011

Website[wmblr.wordpress.com]

Zac JungersTechnical Editor

[email protected]

Page 7: BLR Orientation 2011

Coming up...

Westlaw Presentation…Shelley Landfair

&

Breakfast!!

Page 8: BLR Orientation 2011

Calendar

Sophia ChaseManaging Editor

Page 9: BLR Orientation 2011

[email protected]

When gmail asks if you want this calendar shared

with you, say YES!

Page 10: BLR Orientation 2011

Fundraising

Patrick TaylorExecutive Editor

Page 11: BLR Orientation 2011

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

- Over $4,000 in donations

Page 12: BLR Orientation 2011

Notes Process

Neil GibsonSenior Notes Editor

Page 13: BLR Orientation 2011

BLR NOTE WRITING:

“Have to?” More like “Want to.”

Page 14: BLR Orientation 2011

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

Page 15: BLR Orientation 2011

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.

Page 16: BLR Orientation 2011

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

Page 17: BLR Orientation 2011

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 journalo Can’t note journal membership on resume

Page 18: BLR Orientation 2011

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

Page 19: BLR Orientation 2011

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!!!

Page 20: BLR Orientation 2011

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!).

Page 21: BLR Orientation 2011

Bluebooking Assignment

• What are your questions?

• Were there any problem areas?

• To be discussed after lunch…

Page 22: BLR Orientation 2011

Coming up...Honor Presentation

…Jimmy Dougherty….Will Versfelt

Westlaw Presentation

….Jennifer Salyers…Michael Bagel

Lunch & 10 minute break!

Page 23: BLR Orientation 2011

Publication Process

Rakesh Parikh/Sophia Chase

Page 24: BLR Orientation 2011

Cite Checking

Alex Grout Senior Articles Editor

Page 25: BLR Orientation 2011

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.

Page 26: BLR Orientation 2011

Relevant Documents:1. Appendices

1. A: Cite checking2. B: Relevant symbols3. C: Creating sources4. D: Entering edits5. E: Submission of cite check6. F: Selected cite check and editing guidelines 7. G: The source binder

2. Cite Checking Agreement 3. Disciplinary Agreement

Page 27: BLR Orientation 2011

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.

Page 28: BLR Orientation 2011

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

Page 29: BLR Orientation 2011

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. HeinOnline– 2. Hard Copies in the Law Library– 3. Hard Copies at other W&M Libraries – 4. Lexis/Westlaw [PDF versions ONLY]– 5. LION/WorldCat

…. 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]

Page 30: BLR Orientation 2011

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

Page 31: BLR Orientation 2011

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? …

Page 32: BLR Orientation 2011

Required Pages in the Sourcebook: See BLR Staff Manual for Details

• Books – pages required for the sourcebook – 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• Cases

– 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 KeyCite (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 – Check HeinOnline 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/KeyCite 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

• Journal Articles– 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 ProQuest, 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 indicated in the copy). – 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.

• 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.

Page 33: BLR Orientation 2011

Step 3: Preparing Sources

• See Appendix C

Page 34: BLR Orientation 2011

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!

Page 35: BLR Orientation 2011

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

Page 36: BLR Orientation 2011

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 pin-cited to the specifically relevant pages

AND….

Page 37: BLR Orientation 2011

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.

Page 38: BLR Orientation 2011

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., – 71a., 27b. , 199c.

Page 39: BLR Orientation 2011

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

Page 40: BLR Orientation 2011

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.

Page 41: BLR Orientation 2011

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: LastNameAuthor_LastNameEditor_Editing Phase_Section#. So for Example: Jones_Mohler_CC1_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_CC1_2_Sources.– If you are submitting your note the file should be labeled as follows: LastName_SubmissionVersion. Ex. Mohler_PremptionCheck.

• 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 [email protected] 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 2pm on September 12. By 2pm 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 2pm 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 2pm 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 2pm 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 2pm on September 25. By 2pm 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 2pm 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.-

Page 42: BLR Orientation 2011

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.

Page 43: BLR Orientation 2011

Bluebooking and Grammar

Alex Grout/Sophia Chase

Page 44: BLR Orientation 2011

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.

Page 45: BLR Orientation 2011

Common Bluebook Errors:Signals

• Bluebook Rule 1.2– Support: [no signal], e.g., see, 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)).

Page 46: BLR Orientation 2011

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.).

Page 47: BLR Orientation 2011

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.

Page 48: BLR Orientation 2011

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.

Page 49: BLR Orientation 2011

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.”

Page 50: BLR Orientation 2011

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, 121-26, 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

Page 51: BLR Orientation 2011

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.

Page 52: BLR Orientation 2011

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.

Page 53: BLR Orientation 2011

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)

Page 54: BLR Orientation 2011

A (non-exhaustive) Check ListCorrect form of source name (long, short, id.);Correct pages cited;Correct court abbreviation and date;Correct references to infras and supras;Correct signal used;For each case, include the Shepard’s or KeyCite

report (including negative treatment);For each statute, refer to the printed version and

include a Shepard’s or KeyCite report.

Page 55: BLR Orientation 2011

Bluebooking Assignment

...Let’s Discuss!

Page 56: BLR Orientation 2011

Common Grammatical Errors:Chicago Manual of Style

Page 57: BLR Orientation 2011

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.”

Page 58: BLR Orientation 2011

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.”

Page 59: BLR Orientation 2011

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 [email protected] by next Friday, August 26th, 2011 at 5 p.m.

Contact Sophia Chase at [email protected] with any

questions.

Page 60: BLR Orientation 2011

…This guy need not apply!

Page 61: BLR Orientation 2011

Closing Remarks

BLR Board

Page 62: BLR Orientation 2011

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.

Page 63: BLR Orientation 2011