Over the past several years, it has become increasingly clear that many college students simply don't know (presumably because they've never been taught) how to give citation credit in term papers and other research projects. While many instructors may let this slide (we've been guilty of turning a blind eye ourselves), the problem inevitably will catch up with many of you either in jobs or professional or graduate schools. The plain truth is this: The failure to properly cite another individual for the use of her or his words or ideas is, at best, unethical; at worst, illegal!!! PLAGIARISM is wrong and this is true whether you are working with traditional hardcopy sources or on-line materials. For general University policy statements on plagiarism, see  http://www.inform.umd.edu/JPO/AcInteg/code_acinteg2a.html

In order to help a little, we are providing a thumbnail sketch of some very generalized rules. This is not meant to be at all inclusive, but simply to give you some generic advice on the subject. You should plan to do some further reading (a list of sources is provided at the end) and to always follow one overarching custom: WHEN IN DOUBT, CITE.

Whenever you use another individual's exact words, those words must be bracketed by quotation marks (or, in the case of long quotes, indented and single-spaced) and the author must be given immediate credit.

EXAMPLE: No work of literature has captured the basic dilemma of liberal society quite so succinctly as the Federalist Papers. After all, how could the problem be put more beautifully than in the phrase, "Liberty is to faction what air is to fire. . . ."1/

1/ James Madison, "Federalist #10," in The Federalist Papers, ed. Clinton Rossiter (New York: New American Library, 1961), p. 78.

or

1/ James Madison, "Federalist #10," in The Federalist Papers,para. 5 at http://thomas.loc.gov/home/fedpapers/fed_10.html (Last modified: 26 May 1998; date visited: 23 January 2000).

While many (though by no means all) students are aware of the above rule, far fewer are aware of its corollary: you cannot simply get around the problem of citation by paraphrasing. In other words, whenever you rephrase another individual's words, that individual must be given immediate credit.

Example: Freedom of expression should be accorded the greatest possible latitude. Yet, as we all know, even this freedom is not absolute. After all, one should fully expect to be prosecuted for falsely yelling fire in a crowded auditorium. 2/

2/ Schenck v. United States, 249 U.S. 47, 52 (1919) (Holmes, J.).

or

2/ Schenck v. United States, 249 US 47, 52 (1919) (Holmes, J.) at Lexis-Nexis Academic Universe, http://web.lexis_nexis.com/universe (Date visited: 25 January 2000).

Giving credit where credit is due, however, applies to much more than quoting or paraphrasing. Whenever you base a portion of a paper on another person's ideas, you must give that person credit!

Example 1: Ironically, it has long been supposed that freedom will tend to produce the kind of interest group struggles that may ultimately undermine freedom itself. 3/

3/ See for example, James Madison, "Federalist #10," in The Federalist Papers, ed. Clinton Rossiter (New York: New American Library, 1961), pp 77-84.

or

3/ See for example, James Madison, "Federalist #10," in The Federalist Papers, at http://thomas.loc.gov/home/fedpapers/fed_10.html (Last modified: 26 May 1998; date visited: 23 January 2000).

Example 2: Although the First Amendment should be broadly construed, certain types of speech cannot be tolerated in an orderly society. For example, false assertions of fact which tend to cause immediate hysteria and injury are not considered to be part of this nation's protected discourse. 4/

4/ See for example, Schenck v. United States, 249 US 47 (1919) (Holmes, J.).

or

4/ See for example, Schenck v. United States, 249 US 47 (1919) (Holmes, J.) at Lexis-Nexis Academic Universe, http://web.lexis_nexis.com/universe (Date visited: 25 January 2000).

Again, this rule does not only apply to "celebrated concepts" but to any ideas used in your paper!

Whenever you use facts or figures from another individual's work, that individual must be given credit. This rule applies even if the facts seem self-evident and even if you restate the facts in another form.

Example 1: Aristotle was the first major philosopher to recognize democracy as a form of government. 5/

5/ Everett Carll Ladd, The American Polity (NY: W.W. Norton, 1991), p. 76. (Note, even though we all learn this in 8th grade civics, the fact that I checked up on this common knowledge by using Ladd, warrants credit for him.)

Example 2: There are approximately 40,000 judges nationwide. 6/

6/ US Census Bureau, No. 672, "Employed Civilians, by Occupation, Sex, Race, and Hispanic Origin: 1983 and 1997," Statistical Abstract of the United States, 1997. http://www.census.gov/prod/3/98pubs/98statab/cc98stab.htm (Last modified: 11 December 1998; date visited: 12 January 1999.)

Not only individuals, but groups and organizations must be given credit if you use their words, ideas, or facts. (See Example 2, footnote 6/ above).

Giving credit where credit is due applies not only to books, papers, pamphlets, and other written materials, but to additional media as well. If your facts come from a television program, cite it. If your words come from a radio broadcast, cite it. If your ideas come from a movie, cite it. If your figures come from a lecture or speech, cite it.

While we prefer to use footnotes, endnotes and parenthetical citations, supported by a bibliography, are also acceptable forms. The form you employ will depend on your own preference and/or the preference of your instructor or employer. What is important is not so much the style of citation (see sources below), but the giving of complete and accurate credit whenever you use another person's or group's labor.

Naturally, lawyers do things a little differently than everybody else, including citations. The following are some standard forms of legal citation.

Generally speaking, when citing a US Supreme Court case, the citation will look like this: Mapp v. Ohio, 367 US 643, 650 (1961). (Where Mapp v. Ohio refers to the case name; 367 refers to the Reporter volume; US refers to the Supreme Court Reporter; 643 refers to the first page of the case; 650 refers to the page actually being cited by the researcher; and (1961) refers to the year the decision was handed down.) If you are citing a concurring or dissenting opinion, you must also include the name of the concurring/dissenting justice or judge. For example, Justice Louis Brandeis once noted that "Fear of serious injury cannot alone justify suppression of free speech and assembly. Men feared witches and burnt women." Cite: Whitney v. California, 274 US 357, 376 (1927) (Brandeis, J., concurring).

Generally speaking, when citing a federal appeals court decision, the citation will look like this: American Booksellers Association v. Hudnut, 771 F.2d 323, 326 (7th Cir. 1985). (Where American Booksellers v. Hudnut refers to the case name; 771 refers to the reporter volume; F.2d refers to the Federal Reporter; 323 refers to the first page of the case; 326 refers to the page actually being cited by the researcher; (7th Cir. refers to the Appeals Court making the decision; and 1985) refers to the date the decision was handed down.

Generally speaking, when citing a U.S. district court case, the citation will look like this: Smith v. Jones, 665 F.Supp. 593, 594 (E.D. VA 1939). (Where Smith v. Jones refers to the case name; 665 refers to the reporter volume; F.Supp. refers to the Federal Supplement; 593 refers to the first page of the case; 594 refers to the page actually being cited by the researcher; (E.D. VA refers to the court making the decision -- i.e., the District Court for the Eastern Division of the Virginia; and 1994 refers to the year the case was decided.

Generally speaking, when citing a law review article, the citation will look like this: Tribe, "Intergovernmental Immunities in Litigation, Taxation, and Regulation," 89 Harvard Law Review 682, 685 (1976). (Where Tribe refers to the author's last name; "Intergovernmental . . . ." refers to the title of the article; 89 refers to the law review volume number; Harvard Law Review refers to the review; 682 refers to the first page of the article; 685 refers to the page actually being cited by the researcher; and 1976 is the date the article was published.

For a more thorough exposition, including citations to state court and special court decisions; statutes; administrative regulations, etc. see A Uniform System of Citation or Peter W. Martin, Introduction to Basic Legal Citation (1997_98 ed.) at http://www.law.cornell.edu/citation/citation.table.html 

Obviously, in this course, most of your sources will be gathered electronically. Some special rules of citation apply to these sources. Without attempting to capture every nuance (there are different rules for journals, magazines, e-mails, etc. and you may look these up by referring to the sources below), some general rules apply:

1. If there is a specific author, give her/his name.

2. Always give the name of the individual or organization whose cite contains the document.

3. Always give the title of the paper, etc.

4. Always provide the URL.

5. If possible, provide the page number. If page numbers are not available, provide the paragraph number (you’ll need to count)

6. Always tell the reader the date on which you visited or retrieved the article.

7. If possible, let the reader know when the page was last updated.

Example: "Today, there are more than 3,000 people on death row. Executions __ by hanging, electrocution, lethal injection, and even by firing squad __ have become almost commonplace. Regardless of which method is used, the death penalty is a barbaric anachronism and should be abolished."1/

1/ American Civil Liberties Union, "The Death Penalty and Our System of Justice," Death Penalty, para. 3 at http://www.aclu.org/issues/death/isdp.html (Last modified: 16 December 1999; Date visited: January 16, 2000).

SOURCES:

Hacker, Diana. A Pocket Style Manual (2d Ed.) (1997). Required.

Turabian, Kate L., et al, A Manual for Writers of Term Papers, Theses, and Dissertations, 6th Rev. edition (Chicago: University of Chicago Press, March 1996)

Trimmer, Joseph F., The Essentials of Mla Style: A Guide to Documentation for Writers of Research Papers (new York: Houghton Mifflin, 1998)

Peter W. Martin, Introduction to Basic Legal Citation (1997_98 ed.) at http://www.law.cornell.edu/citation/citation.table.html 

For the Electronic Reference Formats Recommended by the American Psychological Association, http://www.apa.org/journals/webref.html or Citing Electronic Sources in MLA Style, http://www.abacon.com/compsite/resources/citation.html 

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Last Updated:  08/27/01