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University of Technology, Sydney
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Pearl Rozenberg
Faculty of Law, University of Sydney
With the increase in the use of electronic resources, the question of what, as well as how, to cite and reference these materials was raised. At first there were no standards — it was a free for all. Soon after initial guides were published which were followed by calls to attempt to generate a uniform style of citing these resources, including one by the author at the first AustLII Internet and the Law conference[1].
Has the minefield of different styles and rules that we cope with in relation to print sources been avoided for electronic information? Has any uniformity developed — either fully or at least of broad principles? Or have we reached the same confusing and contradictory position that we had all hoped to avoid? Following the lead of the televised documentary that investigates the strange and unreal[2], this paper seeks to assess what has happened since those early calls for uniformity. “The truth is out there”!
There are a very large number of guides for citation and referencing. Seeking to limit the number to a reasonable study (or the 10 pages requested by the organisers), the “major” “legal” “published” guides include:
Within Australia, there have been no major guides, beyond the guides published individually by each journal or faculty. In 1998, four general guides were published. Until market forces serve to distinguish between the guides, and with an admitted desire to increase the Australian content of this paper, all the guides will be added to the major published category. These guides are:
In itself, that there is such a large list of different guides does not bode well for uniformity of styles. An examination of their individual styles shows marked differences in approach to electronic materials. While The Bluebook recommends against using any such materials, other guides give such materials full acceptance and detailed rules. Of those with rules, the rules given vary in what is required to be given and how it should be presented. For instance, most but not all recommend enclosing URLs in angle brackets, and only some require a date of visit to be given. Even this majority similarity in broad principle is lost when detailed aspects are considered. The order in which items within the citation should be presented varies, as do, quite markedly, detailed rules as to comma placement (or non-placement), initialling (or not) of names, and so on. The table at the end of this paper illustrates the differences. Despite calls for uniformity, no uniformity has arisen.
The only area where uniformity is evident is in the area of citation of cases for courts which have specified particular media and vendor-neutral styles.[4] For that subset of cases, there is an externally imposed uniformity.
There are many more citation guides serving specific groups such as individual journals or faculties. Some of these include:
The same lack of uniformity evident among the major guides is shown in the smaller guides.
While there will be debate concerning which guides should be included in this section, at least the following will have general agreement.[5]
Stand-alone guides include:
In addition, there are subject-specific guides, such as citation of comic art. For instance:
The major guides are in the process of publishing full guides, while the stand-alone guides have already published their guidelines for Internet citation. There is absolutely no uniformity shown among the major non-legal guides, as the following example shows:[7]
There are very many guides for particular purposes. Locations of “gateway” sites — that is sites that list numerous sites on a topic — include:
A review of these sites and the citation guides they describe reveals absolutely no uniformity of style. The further one looks the more styles emerge.
Having delved into the depths of citation style, one is left gasping for air, reeling with shock and surprised at the general murkiness of those depths. There is no uniformity at all within any of the guides. No common standard has appeared, and it would appear no chance of one doing so in the future.
No, Mulder, it’s not a conspiracy. It’s just a mess.
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Material
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Guide
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Recommended citation from the major legal guides (same example used for
comparison)
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???
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UK guide. No rule given.
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Bluebook
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Because of the transient nature of many Internet sources, citation to
Internet sources is discouraged unless the materials are unavailable in printed
form or are difficult to obtain in their original form. No suggestions given for
electronic material.
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McGill
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If paper version exists: Shakespeare, W. The Complete Works of William
Shakespeare :Romeo and Juliet, Mody, London. See:
http://www-tech.mit.edu/Shakespeare/tragedy/romeoandjuliet/romeoandjuliet.html
(last modified 9 December 1996).
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If no paper version exists: Sidorko, P. An Introduction to Legal
Research, http://wwwlib.newcastle.edu.au/faculty/law/intro.html (as at 7 May
1998).
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Book
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Fong
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No specific rule. Reference to general Internet rule produces: Shakespeare,
W. The Complete Works of William Shakespeare: Romeo and Juliet, 1996.
See:
http://www-tech.mit.edu/Shakespeare/tragedy/romeoandjuliet/romeoandjuliet.html
(as at 10 June 1999).
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Melbourne
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No rule given.
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Law Review
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Material
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Guide
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Recommended citation from the major legal guides (same example used for
comparison)
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Rozenberg
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If paper version exists: Shakespeare, W. The Complete Works of William
Shakespeare: Romeo and Juliet, London: Mody, London. See:
http://www-tech.mit.edu/Shakespeare/tragedy/romeoandjuliet/romeoandjuliet.html
(as at
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7 May 1998).
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If no paper version exists: Sidorko, P. An Introduction to Legal
Research, http://wwwlib.newcastle.edu.au/faculty/law/intro.html (as at 7 May
1998).
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Stuhmcke
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No rule given, but recommended should cite to version used. Thus, using
general rule: Shakespeare, W. The Complete Works of William Shakespeare:
Romeo and Juliet, 1996,
http://www-tech.mit.edu/Shakespeare/tragedy/romeoandjuliet/romeoandjuliet.html
(as at
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7 May 1998).
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UK guide
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No rules given
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Bluebook
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Because of the transient nature of many Internet sources, citation to
Internet sources is discouraged unless the materials are unavailable in printed
form or are difficult to obtain in their original form. For electronic journals,
see: Burk, D. L. “Trademarks Along the Infobahn:
A First Look at the Emerging Law of Cybermarks”, Richmond Journal
of Law and Technology, 10 April 1995,
http://www.urich.edu/~jolt/vlil/burk.html
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McGill
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Burk, D. L. “Trademarks Along the Infobahn:
A First Look at the Emerging Law of Cybermarks”, Richmond Journal
of Law and Technology, 10 April 1995,
http://www.urich.edu/~jolt/vlil/burk.html (as at 6 June 1998)
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Journal
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Fong
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If paper version exists, cite to either paper or electronic version: Sully,
B. “Judicial independence under the charter of rights. Australian snapshot
— Canadian Camera”, Mac LR, 1, 1997, pp. 1-40; or Sully, B.
“Judicial independence under the charter of rights. Australian snapshot
— Canadian Camera”, http://libweb.macarthur.uws.edu.au/maclr.htm.
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If no paper version exists: Burk, D. L. “Trademarks Along the
Infobahn: A First Look at the Emerging Law of Cybermarks”, Richmond
Journal of Law and Technology, 10 April 1995,
http://www.urich.edu/~jolt/vlil/burk.html
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Material
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Guide
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Recommended citation from the major legal guides (same example used for
comparison)
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Melbourne
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If paper version exists, cite to paper version.
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Law Review
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If no paper version exists: Burk, D. L. “Trademarks Along the
Infobahn: A First Look at the Emerging Law of Cybermarks”, Richmond
Journal of Law and Technology, 10 April 1995,
http://www.urich.edu/~jolt/vlil/burk.html
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Rozenberg
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If paper version exists: Sully, B. “Judicial independence under the
charter of rights. Australian snapshot — Canadian Camera”, Mac
LR, 1, 1997, pp. 1-40. See: http://libweb.macarthur. uws.edu.au/maclr.htm
(as at 6 June 1998).
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If no paper version exists: Sidorko, P. An Introduction to Legal
Research, http://wwwlib.newcastle.edu.au/faculty/law/intro.html (as at 7 May
1998)
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Stuhmcke
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No rule given, but recommended should cite
to version used. Thus, using general rule: Shakespeare, W. The Complete
Works of William Shakespeare: Romeo and Juliet, 1996,
http://wwwlib.newcastle.edu.au/faculty/law/intro.html (as at 7 May 1998)
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UK guide
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No rules given
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Bluebook
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Because of the transient nature of many Internet sources, citation to
Internet sources is discouraged unless the materials are unavailable in printed
form or are difficult to obtain in their original form.
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McGill
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Trade Practices Act 1974 (Cth), s 52. See AustLII:
http://www.austlii.edu.au/legis/cth/consol_act/tpa1974/s52.html (as at 10
February 1998)
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Legislation
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Fong
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Trade Practices Act 1974 (Cth), s 52. See: AustLII:
http://www.austlii.edu.au/legis/cth/consol_act/ tpa1974/s52.html (as at 10
February 1998)
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Melbourne
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No rule given.
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Law Review
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Rozenberg
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Either: Trade Practices Act 1974 (Cth), s 52,
http://www.austlii.edu.au/legis/cth/consol_act/tpa1974/s52.html (as at 10
February 1998)
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Or: Trade Practices Act 1974 (Cth), s 52.
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Stuhmcke
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Trade Practices Act 1974 (Cth), s 52,
http://www.austlii.edu.au/legis/cth/consol_act/tpa1974/s52.html (as at 10
February 1998)
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UK guide
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No rules given
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Bluebook
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Because of the transient nature of many
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Material
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Guide
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Recommended citation from the major legal guides (same example used for
comparison)
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Internet sources, citation to Internet sources is discouraged unless the
materials are unavailable in printed form or are difficult to obtain in their
original form.
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McGill
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The Commonwealth of Australia v Tasmania (1983) 158 CLR 1,
online at AustLII: http://www.austlii.edu.au/au/cases/cth/high_ct/158clr1.html
(as at 5 September 1997)
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Cases
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Fong
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Reported: Appears to suggest use of paper version.
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Unreported: Discussion of these but no rules or example given.
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Melbourne
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Reported: Use paper version
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Law Review
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Unreported, non-medium-neutral citation: Georg Rudolf Dirr v R
(unreported, Northern Territory Supreme Court, 25 July 1997),
http:www.austlii.edu.au/au/cases/nt/supreme_ct/unrep973.html (as at 25 May
1997)
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Unreported, medium-neutral citation:
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The Hancock Family Memorial Foundation v Porteous & Anor
(1999) WASC 55, unreported, 10 June 1999),
http://www.austlii.edu.au/au/cases/wa/WASC/1999/55.html (as at 10 June
1999)
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Rozenberg
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Reported, pre-medium-neutral or court not using: The Commonwealth of
Australia v Tasmania (1983) 158 CLR 1,
http://www.austlii.edu.au/au/cases/cth/high_ct/158clr1.html (as at 5 September
1997). Reported, cases under medium-neutral citation: Use official paper
version.
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Unreported, pre-medium-neutral or court not using: Georg Rudolf Dirr
v R (unreported, North-ern Territory Supreme Court No CA5, 1997,
http:www.austlii.edu.au/au/cases/nt/supreme_ct/unrep973.html (as at 25 May
1997)
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Unreported, cases under medium-neutral citation: The Hancock Family
Memorial Foundation v Porteous & Anor (1999) WASC 55
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Stuhmcke
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Published while medium-neutral in experimental
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stage: Describes it, but gives no rules as to use. Georg Rudolf Dirr
v R (unreported, Northern Territory Supreme Court No CA5, 14 March
1997, http:www.austlii.edu.au/au/cases/nt/
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supreme_ct/unrep973.html (as at 25 May 1997)
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UK guide
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No rules
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Bluebook
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Adams, Scott The Dilbert Zone, http://www.
unitedmedia.com/comics/dilbert (as at 20 January 1996)
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Material
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Guide
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Recommended citation from the major legal guides (same example used for
comparison)
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McGill
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Adams, Scott The Dilbert Zone, at Comic Explorer:
http://www.unitedmedia.com/comics/dilbert (as at 20 January 1996)
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Website
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Fong
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Adams, Scott, The Dilbert Zone, at Comic Explorer:
http://www.unitedmedia.com/comics/dilbert (as at 20 January 1996)
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Melbourne
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No rule given
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Law Review
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Rozenberg
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Adams, S. The Dilbert Zone,
http://www.unitedmedia.com/comics/dilbert
(as at 20 January 1996)
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Stuhmcke
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Adams, Scott, The Dilbert Zone, at Comic Explorer:
http://www.unitedmedia.com/comics/dilbert (as at 20 January 1996)
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UK guide
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No rules
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Bluebook
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No rules
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Fong
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No rule apparent
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E-mail
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Fong
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Greenbaum, A. Greetings, pearl@law.usyd.edu.au (as at 27 August
1997)
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Melbourne
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Abe Greenbaum, a.greenbaum@unsw.edu.au
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Law Review
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(as at 27 August 1997)
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Rozenberg
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Greenbaum, A. Greetings 27 Aug 1997, a.greenabum@unsw.edu.au (e-mail
28 August 1997)
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Stuhmcke
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Greenbaum, A. a.greenbaum@unsw.edu.au, Greetings, 27 August 1997
(personal e-mail 28 August 1997)
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UK guide
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No rules
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Bluebook
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No rules
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News
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McGill
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No rule apparent
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groups
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Bulletin
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Fong
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Description, but no clear rules
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boards
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Melbourne
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John Smith <jsmith@mail.com.au>, “Citation
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Law Review
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Issues’, newsgroup <misc.legal.moderated>,
(2 January 1998)
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Rozenberg
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Smith, J. jsmith@mail.com.au, Citation Issues 1 January 1998,
misc.legal.moderated (as at 2 January 1998)
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Stuhmcke
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Smith, J. jsmith@mail.com.au, Citation Issues 1/1/98,
misc.legal.moderated (as at 2 January 1998)
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[1] P. Rozenberg, “Developing a Standard for Legal Citation of Electronic Information”, ELAW Vol 4, No 4, 1997, http://www.murdoch.edu.au/elaw/issues/v4n4/rozenb44.html
[2] “The X-Files”, presently showing on Channel 10. See http://www.thex-files.com/
[3] Writers in California (using the California Style Manual) and Texas (Texas Rules of Form) may object to the inclusion of the Bluebook in this list. All that can be said is that from the angle from which one views the debate in Australia, the Bluebook has the market. Certainly, a survey of quantity of comment about the guides on the Internet shows the most comment about the Bluebook (although quite what the statistic indicates is unclear).
[4] For a list of the courts which have adopted these methods in Australia, see P. Chung, “Medium Neutral Citation: A Comparison”, http://lawfoundation.net.au/lisc/recommend/chart.html (as at 10 June 1999).
[5] Further guides are listed by Dr Travel’s Self Help Guide to Legal Citation, http://www.freedomlaw.com/LegCitations.html (as at 10 June 1999).
[6] For examples of legal citations within the APA style, see http://www.bgsu.edu/colleges/library/infosrv/lue/sowk/apa.html (as at 10 June 1999)
[7] These first four examples ares copied from Religious Tolerance.org, “Citing Internet References in Essays”, http://www.religioustolerance.org/int_cita.htm (as at 10 June 1999). The remainder are compiled by the author.