Cancellation by Citation Reason.com

At bottom, style guides and citation manuals are systems of control. They provide very little value, and exist to perpetuate rigid rules of how information is conveyed. These regimes are not substantive in nature. Yet, these rule restrict what substance can be published.

This background brings me to Will Baude and Steve Sach’s post. They write:

According to reports we’ve received from multiple sources, a new version of the BlueBook, not yet released, may require legal scholars to flag any cases whose facts involve slavery. The new Rule 10.7.1 (explanatory phrases and weight of authority) would provide that citations to these cases must add a parenthetical disclaimer like “(enslaved party)” or “(enslaved person at issue).”

I have not heard of this proposal, but I trust Will and Steve’s reports. They are very much tuned into legal scholarship, and routinely publish in top law reviews.

I think the upshot of this regime is that scholars will simply stop citing articles with a (slavery) parenthetical. Given today’s culture, why would any professor willingly litter his or her footnote with the mark of original sin? Asking a research assistant to shepardize a (slavery) case could itself be a traumatic act. And this outcome will not be limited to legal scholarship. Progressive law clerks can now insist that judges should stop citing (slavery) cases.

via reason.com

Ugh.