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BlueJayBook: Secondary Sources

This Guide presents Bluebook exercises and instructions that are used in Creighton Law School Legal Research & Writing classes.

Secondary Sources Citation Chart

Source Basic Citation Form
Dictionaries: Rule 15.8

Black’s Law Dictionary 700 (9th ed. 2009).

Ballentine’s Law Dictionary 128 (3d ed. 1969).
Legal Encyclopedias: Rule 15.8

24A Am. Jur. 2d Divorce & Settlement § 633 (1998).

11 C.J.S. Boundaries § 143 (1995).

Texts & Treatises: Rule 15.1-15.4

1. Treatise with one author
2. Treatises with two authors
3. Treatise the three or more authors
4. Treatise organized by sections
5. Multi-volume treatise
6. Treatise with editors

 

1. Larry L. Teply, Legal Negotiations in a Nutshell 5 (1992).
2. Frederick Pollock & Frederic W. Maitland, The History of English Law 55 (2d rev. ed. 1968).
3. Helene S. Shapo et al., Writing and Analysis in the Law 207 (1989).
4. Mark A. Rothstein et al., Employment Law § 3.36, at 171-72 (1994).
5. 5 Charles A. Wright & Arthur R. Miller, Federal Practice and Procedure: Civil § 1277 (2d ed. 1990).
6. Industrial Concentration: The New Learning (Harvey J. Goldschmid et al. eds., 1974).

Legal Periodicals: Rule 16 & T. 13

1. Articles with one author
2. Articles with two authors
3. Articles with three or more authors
4. Articles with the year as part of the volume designation
5. Student written comments with a named author
6. Student written notes with a named author
7. Student written works with an unnamed author
8. Nonconsecutively paginated journal

 

 1. Larry L. Teply, Antitrust Immunity of State and Local Governmental Action, 48 Tul. L. Rev. 272 (1974).
2. Ralph H. Folson & Larry L. Teply, Trademark Generic Words, 89 Yale L. J. 1323 (1980).
3. Griffin D. Bell et al., Automatic Disclosure in Discovery-The Rush to Reform, 27 Ga. L. Rev. 1 (1992).
4. Richard Delgado, et al., Fairness and Formality: Minimizing the Risk of Prejudice in Alternative Dispute Resolution, 1985 Wis. L. Rev. 1359.
5. Spencer K. Turnbull, Comment, Wen Ho Lee and the Consequences of Enduring Asian American Stereotypes, 7 Asian Pac. Am. L. J. 72 (2000).
6. Dan Thu Thi Phan, Note, Will Fair Use Function on the Internet? 98 Colum. L. Rev. 169 (1998).
7. Note, Mens Rea in Federal Criminal Law, 111 Harv. L. Rev. 2402 (1998).
8. Gene H. Wood, The Child as Witness, 6 Fam. Advoc., Spring 1984, at 14.

 A.L.R. Annotations: Rule 16.7.6

Kimberly J. Winbush, Annotation, Searches and Seizures: Reasonable Expectation of Privacy in Contents of Garbage or Trash Receptacle, 62 A.L.R.5th 1 (1998). 

Russell G. Donaldson, Annotation, United States Parole Commission Guidelines for Federal Prisoners, 61 A.L.R. Fed. 135 (1983 & Supp. 2013).

Secondary Sources Writing Sample

The elements for the tort of intentional infliction of emotional distress is set out in the Restatement rule which provides that “one who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress and for bodily harm resulting from the distress.” Restatement (Second) of Torts § 46 (1965). The threshold for what constitutes extreme and outrageous conduct sufficient to give rise to this claim is difficult to meet.  Recovery of damages is limited to the most unusual circumstances, particularly egregious facts or the most reprehensible situations. 86 C.J.S. Torts § 70 (2006). There must be an affirmation duty owed by the defendant and an invasion of some legally protected interest by way of willful and malicious conduct. Id. § 73.

The conduct must be extreme and outrageous in order for there to be recovery.  The following language describes this exacting requirement:

Liability has been found only where the conduct has been so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.  Generally, the case is one in which the recitation of the facts to an average member of the community would arouse his resentment against the actor and lead him to exclaim, “Outrageous!”

Restatement (Second) of Torts § 46 cmt. d.

Courts are reluctant to apply the doctrine of intentional infliction of emotional distress in the context of a marital relationship. In adultery cases, actions have been brought against paramours for intentional infliction of emotional distress, either by an aggrieved spouse or by the spouse who engaged in the illicit relationship. Marjorie A. Shields, Annotation, Action for Intentional Infliction of Emotional Distress Against Paramours, 99 A.L.R.5th 445, 454 (2002). With the advent of no-fault divorce, courts have abolished actions for wrongfully interfering in the marital relationship, such as “criminal conversation,” and “alienation of affections.” Jerome H. Nates, et al., Damages in Tort Actions § 6.11 (2011). Claims against paramours for intentional infliction of emotional distress are often challenged as alienation of affections or criminal conversation in disguise. Shields, supra, at 454.

However, there is a growing trend to allow recovery for emotional distress in the marital context in cases where there has been spousal abuse. Ira Mark Ellman & Stephen D. Sugarman, Spousal Emotional Abuse as a Tort?, 55 Md. L. Rev. 1268, 1272 (1996).

Secondary Sources Citation Guide

When you refer to a secondary source for the first time, cite in full according to the rules that apply to that source:

  • Restatements: Rule 12.9.5
  • Treatises: Rule 15.1-15.4
  • Encyclopedias: Rule 15.8
  • Journals: Rule 16.1-16.7
  • American Law Reports: Rule 16.7.6

Cite all subsequent references to secondary sources in short form according to Rule B8 and B9 or use “Id.” when citing the same authority as the immediately previous authority.  See Rule B8.2 and 4.1.

Since there are no short form examples for Restatements, encyclopedias and American Law Reports, refer to the following examples:

  • Full Citation to Restatement: Restatement (Second) of Torts § 46 (1965).
  • Short Citation to Restatement: Restatement (Second) of Torts § 436.
  • Full Citation to encyclopedia: 86 C.J.S. Torts § 70 (2006).
  • Short Citation to encyclopedia: 86 C.J.S. Torts § 70.
  • Full Citation to A.L.R. and supplement with pinpoint cite: Marjorie A. Shields, Annotation, Action for Intentional Infliction of Emotional Distress Against Paramours, 99 A.L.R.5th 445, 454 (2002 & Supp. 2013).
  • Short Citation to A.L.R.: Shields, supra, at 454.

Other rules that may apply:

  • Rule 3.1(c): Supplements
  • Rule 3.2(a): Page Ranges
  • Rule 3.3(b): Multiple Sections
  • Rule 4.1: Use of Id.
  • Rule 5.1(a) & B12.2:  Block quotes
  • Rule 6.1(a): Spacing

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