ABS&Comment: Robbins, Semiotics, analogical legal reasoning, and the cf. c itation: Getting our signals uncrossed

[Gretchen Whitney]

Subject: Robbins IP,
     "Semiotics, analogical legal reasoning, and the cf. c itation: Getting our
    signals uncrossed" DUKE LAW JOURNAL 48: (5) 1043-108 0 MAR 1999

Ira P. Robbins is professor of Law and Justice at the American University,
Washington College of Law
(e-mail:   mailto:robbins at wcl.american.edu )

His very first citation convinced me that this article is well worth the
attention of any citation analyst.  He cited a 1936 essay by Fred Rodell
which is tersely summarized as stating" that only two things wrong with law
review articles are their style and their content".  He then quotes a Rodell
comment in 1962 on "Goodbye to Law Reviews" in which he describes foot notes
as "as phony excrescences".  He goes on to analyze the misuse of the cf.
reference in legal scholarship.  I could not help but see the comments as
applicable to citation practice in other fields.  Unfortunately, most
editors and referees do not take the trouble to insist that authors make
absolutely clear why they are citing a particular work.  The inclusion of
citing    sentences from full text will make future citation indexes more
useful but at the same time frustrating if authors obscure their reasons for
citation.  As law librarians know, this article is part of a large
literature on legal citation practice which deserves more attention by our
field.

-- Gene Garfield, President, ASIS&T and Chairman Emeritus, ISI
_______________________________________________


TITLE           Semiotics, analogical legal reasoning, and the cf. citation:
Getting our signals uncrossed
AUTHOR   Robbins IP
JOURNAL DUKE LAW JOURNAL 48: (5) 1043-1080 MAR 1999

 Document type: Article    Language: English      Cited References: 47
Times Cited: 2


Abstract:
The Bluebook's introductory citation signals are essential to effective
legal discourse. The choice of signal can influence not only the
interpretation of cited cases, but also the path of the law. In this
Article, Professor Ira Robbins examines one commonly used signal: the cf.
After exploring its semiotic function, he details the multitude of ways in
which this signal has been used and misused. He argues that lawyers' and
judges' careless use of the cf. leads to confusing and often incoherent
developments in the law, and concludes by proposing a precise working
definition for this irksome, but potentially powerful, citation signal.

Addresses:
Robbins IP, American Univ, Washington Coll Law, Washington, DC 20016 USA.
American Univ, Washington Coll Law, Washington, DC 20016 USA.

Publisher:
DUKE UNIV, DURHAM

IDS Number:
237EV

ISSN:
0012-7086

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