legal citation question

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legal citation question

Bruce D'Arcus-3
So this is a question I'm really aiming at Frank, but posting more
broadly, just in case it has some lessons for us in CSL land.

Question: how do I model an example like this in Zotero?

<http://www.law.cornell.edu/supct/html/03-6696.ZD.html>

So yes, it's a "case", but it's actually a dissenting opinion that I
want to cite.

Bruce

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Re: legal citation question

fbennett
On Sun, Apr 8, 2012 at 9:58 PM, Bruce D'Arcus <[hidden email]> wrote:

> So this is a question I'm really aiming at Frank, but posting more
> broadly, just in case it has some lessons for us in CSL land.
>
> Question: how do I model an example like this in Zotero?
>
> <http://www.law.cornell.edu/supct/html/03-6696.ZD.html>
>
> So yes, it's a "case", but it's actually a dissenting opinion that I
> want to cite.
>
> Bruce

The entire decision is treated as a single unit, although Cornell LII
presents the elements of the judgement under separate URLs for
convenience. The cite to the full judgment would look like this:

  Hamdi v. Rumsfeld, 542 U.S. 507 (2004)

Here comes the kicker, though. You need a pinpoint to flag the portion
of the judgement you are citing. You can't get that from the LII;
you'll need to consult a (commercial) printed version of the judgement
at the law library, or access a (commercial) online service. Lexis has
the Scalia dissent for the U.S. reports starting at page 554, so the
cite would look like this:

   Hamdi v. Rumsfeld, 542 U.S. 507, 554 (2004) (Scalia, J., dissenting)

The "Scalia, J., dissenting" bit would just be added manually as a
normal Zotero parenthetical. In the MLZ styles, the metadata layout
would look like this for the cite above:

Case Name
  Hamdi v. Rumsfeld
Court
  Supreme Court
Reporter
  U.S. Reports
Report Volume
  542
First Page
  507
Date Decided (mapping to original-date)
  2004-06-28
Extra
  {:issued:2004}{:jurisdiction:us}

There is a proofsheet with roughly similar content here (I see that I
haven't set up a US Supreme Court cite yet):

  http://citationstylist.org/wp-content/uploads/case-2.pdf

This anticipates some special features in the client and in CSL. The
jurisdiction variable is spliced in via Extra so we can produce a
correct cite for the jurisdiction. Date Decided is mapped in the
client to original-date for law cases, which pushes "issued" into the
Extra field as well. The reporter is spelled out in full, to make it
easier for non-lawyers and non-US-lawyers to find the cited reporter.
"U.S. Reports" is shortened to "U.S." by the abbreviations plugin.
Note that the court name is indicated in state court cites (the
proofsheet example), but not for the U.S. Supreme Court, at least when
when citing to a dedicated reporter like U.S. Reports. The quashing is
a property of the reporter name, and is handled in the Abbreviations
Plugin by a hint set on the reporter abbreviation.

That's quite a bundle of logic, but when the MLZ styles are finished
and the abbreviation lists are set up, the user experience will be
pretty close to point-and-click.


>
> ------------------------------------------------------------------------------
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> Boundary is the first to Know...and Tell You.
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