6.5 Secondary source citations

Types of Secondary Sources

Secondary sources provide analysis, commentary, and summaries of primary legal authorities. They don't create binding law themselves, but they help you understand, interpret, and argue about primary sources like statutes and case law. Knowing which type of secondary source to use, and how to cite it correctly, can make your legal writing significantly more credible.

Each type of secondary source carries different persuasive weight and follows its own citation format. This section covers the major categories you need to know.

Law Reviews and Journals

Law reviews and journals are scholarly publications produced by law schools and legal organizations. They contain in-depth articles on specific legal topics written by professors, practitioners, and students. Courts and attorneys frequently cite them for persuasive arguments and novel legal theories.

A typical Bluebook citation for a law review article looks like this:

The key elements are: author name, article title in italics, volume number, abbreviated journal name, starting page, and year in parentheses.

Legal Encyclopedias

Legal encyclopedias are comprehensive reference works that cover broad areas of law, organized alphabetically by topic. They provide concise summaries of legal principles and cite relevant primary sources. The two major national encyclopedias are American Jurisprudence (Am. Jur. 2d) and Corpus Juris Secundum (C.J.S.).

These are good starting points for research, but they carry relatively low persuasive weight. Courts view them as general overviews rather than authoritative analysis.

Treatises and Hornbooks

Treatises are in-depth, authoritative works on specific areas of law written by recognized experts. They offer extensive analysis and historical context. Hornbooks are more concise versions, often aimed at law students. Both are regularly updated to reflect changes in the law.

Well-known examples include Prosser and Keeton on Torts and Williston on Contracts. A treatise by a leading scholar can carry substantial persuasive weight, especially in areas where the author is widely recognized.

Restatements of Law

The American Law Institute (ALI) publishes Restatements to clarify and organize common law principles. They synthesize case law from multiple jurisdictions into clear statements of legal rules, with comments and illustrations for each section.

Restatements cover areas like torts, contracts, and property. They're among the most persuasive secondary sources available. Courts regularly cite and adopt Restatement provisions, sometimes treating them almost like primary authority.

American Law Reports (ALR)

ALR annotations are in-depth articles focused on narrow legal issues. They compile and analyze case law across jurisdictions, summarizing relevant cases and statutory provisions. ALR is particularly useful when you need to find analogous cases from other states or track how courts have handled a specific issue.

Annotations are regularly updated with supplements, so always check for the most current version.

Citation Formats

Two major citation systems govern how you format secondary source citations. Whichever system your school or jurisdiction requires, the goal is the same: give readers enough information to locate and verify your source quickly.

Bluebook Citation Rules

The Bluebook is the most widely used citation guide in law schools and courts. It provides detailed rules for citing every type of legal source. The book is divided into two main sections:

• Bluepages: Practitioner-oriented rules for court documents and legal memoranda
• White pages: Academic citation rules used in law review articles

The Bluebook includes abbreviation tables, jurisdiction-specific rules, and guidance on foreign sources. It's updated periodically, so make sure you're using the current edition.

ALWD Citation Manual

The ALWD Guide to Legal Citation is an alternative developed by the Association of Legal Writing Directors. It follows similar citation principles but aims to be more user-friendly, with clearer examples and simplified formatting rules. Some law schools use ALWD instead of or alongside the Bluebook.

In practice, ALWD and Bluebook citations look very similar for most secondary sources. The differences tend to be minor formatting details.

Elements of Secondary Citations

Every secondary source citation requires specific elements so readers can identify and locate the source. Missing or inaccurate elements undermine your credibility. Here are the components you need to get right.

Author Information

• Include the author's full name as it appears in the source
• For works with more than two authors, list the first author followed by "et al."
• When no individual author is listed, use the institutional author (an organization or government agency)
• Bluebook format typically presents the author's name in normal order (first name, last name) for academic citations

Title of Work

• Provide the full title as it appears on the title page
• Use title case capitalization
• Italicize titles of books, treatises, and journal names
• Place titles of articles or chapters in italics as well (Bluebook Rule 16 governs law review articles)

Publication Details

• For books and treatises, include the publisher and edition number in parentheses with the year
• For law review articles, provide the volume number before the journal name and the first page after it
• Always include the year of publication or most recent update
• For online sources, include the database name or URL as required

Specific Page References

Pinpoint citations (also called pincites) direct readers to the exact page, section, or paragraph where the referenced material appears. Always use pincites when quoting or referencing specific information.

• For page numbers: place the pincite after the initial page number, separated by a comma (e.g., 98 Harv. L. Rev. 1042, 1058)
• For sources organized by paragraph or section, use those identifiers instead of page numbers
• Follow your citation manual's rules for formatting page ranges

Short Form Citations

After you've given the full citation for a secondary source, you can use short forms for subsequent references. This saves space and keeps your writing readable.

Id. vs. Supra

These are the two main short form tools for secondary sources, and they serve different purposes:

• Id. refers to the immediately preceding citation.
  • You can add a pincite if you're referencing a different page: Id. at 1058.
  • You cannot use id. if the preceding footnote cites multiple sources, because the reader won't know which source you mean.
• Supra refers to a source cited earlier but not in the immediately preceding citation.
  • Format: Author's last name, supra note [X], at [page]. For example: Lawton, supra note 12, at 1055.
  • If there's no author, use a shortened title instead.

Hereinafter Abbreviations

When a source has a long or unwieldy title, you can create a shortened reference by introducing a "hereinafter" designation in the first full citation:

All subsequent citations can then use the shortened title: Digital Markets Report, supra note 5, at 52.

Parallel Citations

Parallel citations provide multiple references for the same source, giving readers alternative ways to find the material.

Print vs. Online Sources

When a source is available in both print and electronic formats, you may need to include citations to both. This accommodates readers who have access to different formats. Follow your citation manual's rules for when electronic citations are required versus optional, and include unique identifiers (like a DOI or permalink) when available.

Multiple Reporters

For court cases reported in more than one publication, parallel citations list each reporter. For example, a state court opinion might appear in both the official state reporter and a regional reporter. Jurisdiction-specific rules dictate the order of these citations and whether parallel citations are required or optional.

Citing Specific Parts

Precise citations direct readers to the exact location of relevant information within a source.

Sections and Paragraphs

• Use the section symbol (§) when citing specific sections of statutes, codes, or Restatements. Use §§ for multiple sections.
• Cite to numbered paragraphs when a source uses paragraph divisions rather than page numbers.
• Include page numbers alongside section or paragraph numbers when your citation manual requires it.

Footnotes and Endnotes

When the information you're citing appears in a footnote rather than the main text, your citation needs to reflect that:

• Use n. for a single footnote and nn. for multiple footnotes (e.g., at 1042 n.4, or at 1042 nn.4-6)
• Include both the page number and the footnote number so the reader can find the exact location

Electronic Sources

Digital sources are now central to legal research. Proper citation of electronic materials ensures readers can access and verify your references.

Online Databases

When citing from databases like Westlaw, LexisNexis, or HeinOnline:

• Include the database name in the citation
• Provide any unique document identifiers or numbers assigned by the database
• Include access or "last updated" dates as required by your citation manual
• Each database has specific formatting guidelines outlined in the Bluebook and ALWD tables

Websites and Blogs

For web-based sources, include:

• Author's name (if available)
• Title of the webpage or blog post
• The full URL or permalink
• Date of publication or last update
• Date you accessed the page, in parentheses at the end

Keep in mind that websites and blogs generally carry the least persuasive weight among secondary sources. Use them when more authoritative sources aren't available on the topic.

Signals and Parentheticals

Signals and parentheticals add context to your citations, telling readers why you're citing a source and what it says that's relevant.

Explanatory Parentheticals

Parentheticals are brief descriptions placed at the end of a citation to clarify the source's relevance. Follow these conventions:

• Keep them concise, typically one sentence or a short phrase
• Begin with a present participle (discussing, holding, explaining) unless you're quoting directly
• Use them to highlight the specific point the source supports or to distinguish it from other authorities

Introductory Signals

Signals appear before a citation to indicate the type and strength of support the source provides:

• No signal: The source directly states the proposition.
• See: The source clearly supports the proposition but doesn't directly state it.
• See also: The source provides additional support.
• Cf.: The source supports the proposition by analogy.
• But see: The source contradicts the proposition.
• Contra: The source directly states the opposite of the proposition.

Signals are italicized. When stringing together multiple citations with different signals, separate the signal groups with semicolons.

Weight and Persuasiveness

Not all secondary sources are created equal. Understanding their relative authority helps you choose the strongest support for your arguments.

Hierarchy of Secondary Sources

From most to least persuasive, the general hierarchy is:

1. Restatements and widely recognized treatises (e.g., Corbin on Contracts)
2. Law review articles from prestigious journals, especially by leading scholars
3. ALR annotations, which provide useful case compilations but less original analysis
4. Legal encyclopedias (Am. Jur. 2d, C.J.S.), which are broad overviews
5. Blogs and non-academic websites, which carry the least authority

The author's reputation and expertise also matter. A treatise by a recognized authority in the field will carry more weight than one by an unknown author.

Jurisdiction Considerations

The persuasive value of a secondary source can shift depending on where you're making your argument:

• State-specific treatises and practice guides may carry significant weight in their own state courts
• Federal courts tend to favor nationally recognized sources
• A Restatement provision that has been adopted by your jurisdiction's courts is far more persuasive there than one that hasn't been
• Always consider whether the source addresses the law of the relevant jurisdiction

Common Citation Errors

Citation mistakes signal carelessness to judges and professors. Here are the most frequent problems and how to avoid them.

Improper Abbreviations

• Using non-standard abbreviations for journal names or reporters (always check the Bluebook's abbreviation tables, particularly Tables T6 and T13)
• Failing to abbreviate words that should be shortened in citations
• Being inconsistent with abbreviations throughout a document
• Omitting periods in abbreviations that require them (e.g., writing "Harv L Rev" instead of "Harv. L. Rev.")
• Using abbreviations in textual sentences where the full name should be spelled out

Incorrect Punctuation

• Misplacing commas or spaces between citation elements
• Forgetting to italicize elements that require it (signals, case names, book titles)
• Improper use of parentheses or brackets
• Inconsistent spacing throughout citations
• Incorrect punctuation when using signals or stringing multiple citations together

Missing Information

• Omitting essential elements like author name, title, or date
• Failing to include pinpoint citations when referencing specific pages or sections
• Neglecting required parallel citations
• Leaving out explanatory parentheticals when the relevance of a source isn't obvious
• Omitting access dates for online sources or database identifiers when required

The best way to catch these errors is to check each citation element against your citation manual before submitting any document. Building this habit early will save you significant time and frustration.