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Subject: Legal citations (I'll stop after this!)
- From: "Hanratty, John (LNG-LON)" <john.hanratty@lexisnexis.co.uk>
- To: <docbook-publishers@lists.oasis-open.org>
- Date: Mon, 18 Feb 2008 11:04:59 -0000
Hi
all,
I just found this
website which publishes a specification for a "neutral
cite":
We are happy to announce that we now
offer our users the ability to cite judicial opinions and statutes on our Web
site using a standard and vendor neutral format.
The importance of
electronic sources in American law is growing quickly. We are convinced that we
should do everything possible to make citing materials in electronic databases
consistent, easy and open.
Therefore we have designed our URIs so that
by inserting a citation with the PreCYdent URI into any document, your browser
will take you to the corresponding opinion with one click. These URIs will
follow a simple, standard format.
The URI for citing judicial opinions
at PreCYdent is:
www.precydent.com/decision.html?volume=[volumeNumber]&reporter=[reporterCode]&page=[pageNumber]
The URI for the federal statutes is:
www.precydent.com/federalstatute.html?statute=[code]&title=[title]§ion=[section]
Thus, for example, if you would like to cite the case having the
official citation 158 F.3d 674, the PreCYdent URI will be:
www.precydent.com/decision.html?volume=158&reporter=F.3d&page=674
If you want to cite the US Code at 3 U.S.C. § 2, the PreCYdent URI will
be:
www.precydent.com/federalstatute.html?statute=U.S.C.&title=3§ion=§
2
By embedding this URI in an electronic document, you will allow
your users to simply click on the citation and be taken to PreCYdent's version
of the document, which will be free and open to all.
Many official
versions of the American law are privately published, as strange as this may
seem to lawyers and many others outside the U.S. In recent years, law librarians
have called for a “vendor neutral” or “public domain” citation system, to assure
that law really is in the public domain. Some legal publishers have even claimed
that the official citations of substantial bodies of American law belong to
them, and cannot be published by anyone else without their permission and
payment of licensing fees. At PreCYdent, we believe that law first and foremost
must be public, and that citation of authority is fundamental to the rule of
law. Therefore we are committed to promoting vendor-neutral or public domain
citation systems.
We are therefore happy to announce that we have
introduced a public domain citation system for all federal opinions in our
database which will run parallel to the official, but frequently non-vendor
neutral citation system used by federal and many other courts. PreCYdent’s
public domain citation system makes every effort to be consistent with the
neutral citation standards of the American Association of Law Librarians (AALL).
(See http://www.aallnet.org/committee/citation/ ).
The AALL system is
straightforward: [year] [Court abbreviation] [a number provided by PreCYdent to
the opinions in our db so that they are numbered sequentially].
You will
find the neutral citation in the opinion along with the official vendor-based
citation. So, for example, if you would want to cite the case 58 F.3d 674, you
have two options:
1) The official vendor-based URI:
www.precydent.com/decision.html?volume=158&reporter=F.3d&page=674
2)
The neutral citation-based URI:
www.precydent.com/decision.html?year=1998&court=US App (2nd)&number=494
You can find the neutral citation of any case by searching the case with
the official citation.
Once you have the neutral citation you can insert
into your documents the neutral citation-based URI and all the users will be
able to reach the target opinion by clicking on the link.
With our
neutral citation based URIs, you can also cite to the slip opinions of the
federal courts covered in our database, including many federal district court
cases. You will find the neutral or public domain citation on the pages of the
opinion. The neutral citation is also built into the URI following the
convention explained in this announcement. By incorporating this URI into your
electronic document, readers who click on the link will be taken directly to the
opinion. In many cases, this destination will include a pdf of the original
court document.
We believe that conforming to the AALL standard, even if
it is not followed by most Courts, will help keep the importance of public
domain citation practices before the professional legal community. PreCYdent
will also provide the currently official and usually private-vendor-based
citations, for the convenience of our users. But the availability of legal
authorities with AALL citations will be there as an alternative.
We
should note that this project is PreCYdent’s own, and that we are acting not on
behalf of the AALL or any other group. We just think the AALL standard makes
great sense, and that its objectives are admirable. So we are giving it a try.
Critics of public domain citation have frequently argued that public
domain citations are “citations to nowhere,” that there is no reporter or
service that actually uses them. Not any more.
To our knowledge, our
efforts to generate public domain citations for federal appellate decisions and
later all federal and state decisions will be the largest of its kind ever
attempted.
We urge our users to take advantage of this innovation as
much as possible, and support the efforts of American law librarians and many
others, including PreCYdent, to put American law in the public domain, where it
belongs.
John Hanratty
Senior XML Analyst
LexisNexis UK
Tel: 0207
4002656
Blackberry: 07780 763204
email: john.hanratty@lexisnexis.co.uk
This email and any
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REED ELSEVIER (UK) LIMITED - Registered office - 1-3 STRAND, LONDON WC2N 5JR
Registered in England - Company No. 02746621
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