The Bluebook’s Secret History!

Even in Australia one can feel the dread reach of the Bluebook.  For those interested in its history, a new article entitled “The Secret History of the Bluebook” reveals all!  Written by two members of Yale Law School, Fred R. Shapiro & Julie Graves Krishnaswami, it is forthcoming at Minnesota Law Review, Vol. 100, No. 4, 2016.  It can also be found here at SSRN.

The SSRN abstract (noting  HLS’ early monopolization of the royalties (nothing about HLS would surprise me!) as well as noting the succinct early versions of one to fifteen pages compared to today’s grotesque length):

“The Bluebook, or Uniform System of Citation as it was formerly titled, has long been a significant component of American legal culture. The standard account of the origins of the Bluebook, deriving directly from statements made by longtime Harvard Law School Dean and later Solicitor General of the United States Erwin N. Griswold, maintains that the citation manual originated at the Harvard Law Review in the 1920s and was created or adapted by Dean Griswold himself. This account is wildly erroneous, as proven by intensive research we conducted in the archives of Harvard and Yale. In fact, the Bluebook grew out of precursor manuals at Yale Law School, apparently inspired by a legal scholar even more important than Griswold, namely Karl N. Llewellyn. The “uniform citations” movement that began at Yale was actually at first opposed by Harvard.

In his most extreme misstatement, Griswold asserted that a collaborative decision was made in the 1920s by Harvard Law Review, Yale Law Journal, Columbia Law Review, and University of Pennsylvania Law Review to share the revenues from publishing the Bluebook (eventually amounting to millions of dollars) among the four journals. There is indeed now four-way revenue-sharing, but it did not commence until the 1970s, and then only after a revolt of the three “junior partners” against Harvard Law Review’s complete monopolization of Bluebook income for half a century, a revolt initiated by Joan Wexler of the Yale Law Journal.

Some readers may question whether originating the hyper-complicated Bluebook should be a source of pride for Yale. Our response is that, although the Bluebook version that subsequently developed under the leadership of Harvard Law Review currently consists of 582 pages, the two earliest Yale precursors of the Bluebook were, respectively, one page and fifteen pages long.”

Colin Picker

The Legal Ethics of Better Call Saul

BCSaul

One of my students sent me this resource, a blog written by a New York ethics lawyer on the legal ethics of Better Call Saul. Better Call Saul is the spin-off and prequel to Breaking Bad – and is, in my view, a better show (get on it – you needn’t have watched Breaking Bad!).

The phrase “Better Call Saul” is the grubby slogan of Saul Goodman, the ethically depraved lawyer in Breaking Bad. In the prequel, he’s struggling public defender and elder-lawyer, Jimmy McGill – and hasn’t yet transformed into his badder-self. The show raises a bunch of legal ethics and procedural issues, which the blog analyses. Of course, it’s also, and perhaps more importantly, about the personalities, pressures and rationalisations that shape ethical behaviour, and how we judge that behaviour in ourselves and others.

Well worth watching, if not incorporating into the law classroom.

Justine Rogers

Exam marking/grading break

Its that time of year – whether Northern or Southern hemisphere, the West or the East – most legal academics are either about to face, just finished or in the throes of assessing assessments (marking or grading depending which English you use).

Given the high level of boredom that goes with it, consider browsing through what may be the most intelligent on-line comic strip, the aptly named “Saturday Morning Breakfast Cereal”.  The basic website is at http://www.smbc-comics.com/  with a new comic each day, covering everything from philosophy (http://www.smbc-comics.com/?id=2673) to political economy (http://www.smbc-comics.com/?id=3190#comic) to academic publishing (http://www.smbc-comics.com/?id=1624).

Enjoy.

Colin Picker

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