| SUMMARY AND ANALYSIS OF CHANGES TO THE STRUCTURE OF BLUEBOOK RULE 18 IN THE 22ND EDITION | |||
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Title--21st ed./22nd ed. Short description of change |
21st ed. – Rule 18 | 22nd ed. – Rule 18 | Why it matters / practical takeaway |
| Overall structure of Rule 18 |
9 subsections:
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12 subsections
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You can now look up AI, streaming, social media, and even NFT/block-chain sources in their own mini-rules instead of guessing where they fit. |
| NEW Definitions | n/a |
Definitions of various forms of electronic media provided (see their rule explanations below):
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Because there are so many different forms of electronic media, and because these forms are all relatively new to society and to legal research, the 22nd edition's inclusion of some definitions underlying their new classification scheme in rule 18 (in addition to all of the new examples) provide writers with far more clarity about how to classify electronic resources cited to in their scholarship. |
| NEW Distinctions between Commercial and Noncommercial Electronic Media | n/a |
The substance of a citation for a variety of different electronic media forms now changes depending on whether it was produced commercially or non-commercially. Many media-specific rules now include separate subsections distinguishing between commercial and noncommercial resources. Specifically:
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This new distinction provides much-needed guidance on how to cite materials that appear in the same format (e.g., video), but function entirely differently in the realm of legal research and writing (e.g., one video from a family vlogger on YouTube vs. the streaming version of an Academy Award-winning film from Netflix). |
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18.1 Basic Citation Forms Gallery--Internet Sources More robust citation example list |
Example citations provided: Internet Sources (Rule 18.2)
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Example citations provided: Internet Sources (Rule 18.2)
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The gallery of sample citations to this rule for internet sources has been widely expanded in the 22nd edition in accordance with other additions and changes to this rule (see below). Also includes archiving principle mandate explained elsewhere in the new edition. |
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18.1 Basic Citation Forms Gallery--Non-Internet Electronic Sources More robust citation example list |
Non-Internet Electronic Sources (Rules 18.3-18.7)
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Non-Internet Electronic Sources (Rules 18.3-18.11)
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The gallery of sample citations to this rule for non-internet electronic sources has been widely expanded in the 22nd edition in accordance with other additions and changes to this rule (see below). Also includes archiving principle mandate explained elsewhere in the new edition. |
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18.2 The Internet Changed terminology |
"Internet citations" | "web-based sources" | More encompassing, modern language to refer to materials that either appear or are created on the web. |
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18.2.1(a)(ii) Official versions Clarity to language |
See the text of this rule in this edition for precise wording. | Modernized and far more clear explanation of The Bluebook's preference for official versions of electronic documents | The new edition's rule has been substantially reworded for clarity |
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18.2.1(a)(iii) Exact copies NEW sentence re: exact copies = official versions |
See the text of this rule in this edition for precise wording. | A new sentence was added to this section: "An exact copy is treated similarly to an official version." | The new sentence in the 22nd edition provides a clear statement of the principle that was already present in the 21st edition. |
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18.2.1(b)(i) Sources where the URL should be appended: Obscure sources Archival practices |
See the text of this rule in this edition for precise wording. | A new mandate was added to this section, incorporating the 22nd edition-wide requirement of archival copies being kept of all internet sources in citations (codified in 18.2.1(d) below) | This cross-reference to 18.2.1(d) provides consistency for writers and reminds them of the new mandate in case they were not already aware of it. |
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18.2.1(d) Internet principles-- Archiving required |
Archiving “encouraged.” | - Archiving required—either Perma.cc-style or a PDF “on file.” | Law reviews will editors will reject citations that lack a working archive link or on-file PDF. |
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18.2.2 Citations to Internet Sources/Web-Based Sources Changes to terminology in section headings |
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Updates of some of the subsections in rule 18.2.2 reflect more accurate and clear descriptions of what the subsection is intended to apply to |
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18.2.2 Citations to Internet Sources/Web-Based Sources New examples |
See text of the 21st edition for previous examples | New examples added for nearly every subsection within 18.2.2. Some of these examples illustrate the same principles as the examples in the previous edition; some of the examples illustrate new principles introduced in the 22nd edition. | One of the major weaknesses of Rule 18 prior to the 22nd edition was that it was too light on examples. Rule 18 is both a catch-all for resources that don't fit into any other rules and a gap-filler for internet versions of resources that do fit into other rules. As such, the clear and numerous examples in the 22nd edition add a large amount of clarity and guidance to legal writers. |
| 18.2.2(a) Author/Author of Relevant Object | N/A | New instruction about how to cite a comment made on a website | |
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18.2.2(b)(ii) Titles: Subdivisions Broader terminology |
Titles for blogs contained within a larger website | Titles for subdivisions contained within a larger web-based source | The rule remains substantially the same: writers should cite to both the parent site and the title of the subdivision site. But the 22nd edition acknowledges that there are subsites that are not blogs, providing helpful clarity. |
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18.2.2(b)(v) Titles for Social Media Posts [moved to later section] |
Specific direction for how to cite to titles of social media posts | Removed. Larger rule 18.10 added (see below) | The 22nd edition removed this small section of rule 18.2.2(b) related to how to title social media posts but replaced it later in the rule with a far more robust set of guidelines for handling citations to social media in various forms. This will likely eliminate a number of headaches for authors and journal editors who were previously left with very spare guidance as to how to cite to the myriad social media documents that have come into existence in the last decade. |
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18.2.2(c) Internet principles-- Timestamps strongly encouraged |
Timestamps optional | Time-zone-stamped 24-hour timestamps strongly encouraged | Include a 24-hour timestamp whenever the page supplies one (great for blog comments & social posts). |
| 18.3 NEW – AI-generated content | n/a |
Three types of AI-generated content identified, with accompanying instructions about how to cite to each:
General citation principles for AI-generated content:
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The 21st edition, which was published before the generative AI revolution started with the launch of ChatGPT in early 2023, was silent on the matter of content generated by AI as a result of prompting, as well as media generated by AI. In addition, writers have long been struggling with how to appropriately cite to search results when those results are not reproduceable by another researcher due to user-specific search adaptations and evolving contents within specific search databases. This new rule acknowledges the user-specific nature of AI-generated content and makes rules for preserving that content at the time it is generated in archival form. |
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18.3/4 Electronic Databases Broader scope |
18.3 "Commercial" Electronic Databases | 18.4 Electronic Databases |
In earlier editions of The Bluebook, this rule was intended to convey to researchers that using research software (which existed before general adoption of legal research on the internet) and using research databases from the exact same legal publishers. The rule is largely defunct now, considering it essentially refers researchers to all other applicable rules. There is not change in the substance of this rule between the 21st edition and the 22nd edition. Alena is guessing that the heading title changed because the previous heading created a question as to whether there was another rule for "noncommercial" electronic databases, which don't really fall into this rule. |
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18.4/5 Electronic Storage Media Broader scope |
18.4 "CD-ROM and Other Electronic Storage Media" (a) Print form preferred (b) Citation format |
18.5 "Electronic Storage Media" (a) Physical media (b) Cloud storage |
A much needed update to a rule that previously referenced a form of physical storage that has not been used for legal research materials in almost a decade, and which has largely been removed from modern computers. Not only did CD-ROMS become subsumed into the much more relevant "physical media", but the preference for the "print form" of information found on physical media has been completely removed. This does not mean that the Bluebook does not still have a preference for printed materials. However, print-specific preferences are now discussed in resource-specific rules, instead of under this one umbrella rule, with some of the resource-specific rules no longer stating a preference. Print-specific preferences that are mentioned in the 22nd edition:
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18.5/18.6 Microform [no change] |
18.5 Microform | 18.6 Microform | No changes, other than renumbering |
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18.6/18.7 Videos Broader scope; different headings; more clarity |
18.6 Films, Broadcasts, and Noncommercial Video Materials |
18.7 Videographic Media with the following subsections: 18.7.1 Films 18.7.1(a) Commercial 18.7.1(b) Noncommercial 18.7.2 Television Series 18.7.3 Live Streaming Media Services 18.7.3(a) Commercial 18.7.3(b) Noncommercial 18.7.4 Web-Based Videos
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The 21st edition's rule was sparse, with five examples of materials that were substantially similar. There were no subsections, although different types of media were discussed.
The 22nd edition now provides specific rules for specific types of video. Its tenets remain similar to those in the previous version of the rule but the specificity of the new rule, including multiple examples for each type of video, is far easier to understand and implement. |
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18.7/18.8 Audio Recordings Clearer categories |
18.7: Audio Recordings 18.7.1 Commercial Recordings 18.7.2 Noncommercial Recordings 18.7.3 Podcasts and Recordings Available Online
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18.8 Audio Recordings and Streaming 18.8.1 Physical Media 18.8.1(a) Commercial recordings 18.8.1(b) Noncommercial recordings 18.8.1(c) Episodic recordings 18.8.2 Audio Streaming Services 18.8.3 Unpublished Audio Recordings 18.8.4 Websites Containing Audio Recordings |
The rule for audio recordings as stated in the 21st edition was intended to adapt to the trend of the previous decade away from physical formats for audio materials but even in 2020 when it was first released, it hard to apply to extant audio recording instances because of how many different types of digital audio recordings exist in the 21st century. The 22nd edition's rule provides far more clarity with a focus on format and where the recording can be accessed. There are also multiple new examples for each of the subcategories which will provide writers with useful guidance for how to create an appropriate citation. |
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18.8/18.9 Visual resources that don't move [Alena's terminology] Reworking of rule with more clarity + NEW provisions for Emojis 😊 |
18.8 Photographs and Illustrations
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18.9 Images
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Other than the heading for this subsection changing, the 22nd edition adds significant detail to how to cite to non-video visual materials. The previous edition was a little confusing in that it started with an exception to the basic formatting rule without first stating the basic rule. The 22nd edition also adds a new part to this rule explaining how to cite to and incorporate emojis. |
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18.2.2(v)/18.10 Social Media
NEW Rule for handling citations to social media with definitions |
Social-media examples nested inside 18.2; minimal detail. |
18.10 Social Media
18.10.1 Social Media Platforms 18.10.1(a) Visual and audio content 18.10.1(b) Textual content 18.10.1(c) Profiles 18.10.1(d) Reports 18.10.1(e) Federated social media |
Previous edition included guidance on citing to social media resources only in the area of titles of postings to social media but no other recognition of the particular challenges to citing to a rapidly changing category of communication platforms. 22nd edition takes a stab at resolving some of the confusion, defining "social media" and providing guidance and examples for how to cite to various types of social media. |
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18.10.2 Communication Services
NEW Rule for handling citations to communications services |
N/A |
18.10.2 Communication Services 18.10.2(a) Audio and video communications (examples are Zoom and Facetime) 18.10.2(b) Text communications
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In the 21st edition, one could have tried to create a citation for a Zoom conversation using the rules in interviews (17.5); and text messages using the rules in 17.4. But the 22nd edition now clearly separates communication services from "unpublished" materials and explains how to cite to recorded video discussions between two people as well as text discussions between two people and among a group. |
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18.11 Hardware & Software NEW guidance for citing to hardware, software, and blockchain |
No guidance. |
18.11 Hardware and Software 18.11.1 Hardware 18.11.2 Software 18.11.2(a) In general 18.11.2(b) Open source software 18.11.2(c) Payment software 18.11.3 Blockchain sources 18.11.3(a) Transactions 18.11.3(b) Smart contracts 18.11.3(c) NFTs |
The 22nd edition now has much-needed guidance for handling citations to hardware, software, and blockchain resources. |
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18.9/18.12 Short Citation Forms Incorporation of new elements in earlier portions of this rule
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18.9 Short Citation Forms 18.9(a) Internet 18.9(b) Commercial electronic databases 18.9(c) CD-ROM and microform 18.9(d) Films, broadcasts, and audio recordings |
18.12 Short Citation Forms 18.12(a) Internet 18.12(b) Commercial electronic databases 18.12(c) Electronic storage media and microform 18.12(d) Films, broadcasts, audio recordings, and works of art 18.12(e) Social media and communication 12.12(f) Hardware and software |
New, renumbered version of the short form citation conventions for Rule 18 adds some new examples to (a) Internet, and adds conventions for the new additions to the rest of the rule for social media and communication (e) as well as hardware and software (f). |