Isn't it time to start citing cases a new way? Courts could assign
each paragraph of the case a number, so a pinpoint cite would look like
this: United States v. Green, [par symbol] or [sec. symbol] 3 (8th Cir.
April 1, 1993). Citing the complete date would enable researchers to
find cases with no problem, and it would enable paper compilations of cases
to be arranged in date order.
Now that so many courts have their opinions on electronic bulletin boards,
maybe this idea's time has come. Rita Reusch (at University of Utah) and I
have been discussing this sporadically for years, and she alerted me to a
Judicial Conference proposal at 56 Fed. Reg. 38457 (Aug. 13, 1991). It
appears to have bitten the dust. Right now, the Judicial Electronic Data
and Document Interchange Committee of the ABA Science and Technology Section
is circulating a proposed resolution that calls for just this type of change
in case citation form. Rita was kind enough to fax me this resolution, and
she and I would be happy to fax a copy to anyone who contacts us. Maybe
someone who has a scanner could put the text onto LAWLIB.
Think about it: if paragraphs were numbered, you could cite a case using
ANY version--the EDOS electronic bulletin board version, WESTLAW, LEXIS,
CD ROM, looseleaf--you name it.
We think AALS and AALL should enact similar resolutions. How about it?
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