The Boy Who Cried Wolf

There once was a shepherd boy who sat on the hillside watching the village sheep. One day he saw an animal approaching. He wasn’t quite sure what it was, but it looked like a wolf. So he took a great breath and sang out, “Wolf! Wolf! A Wolf is coming for the sheep!

"Angry Wolf" by Tambako The Jaguar, via Flikr

“Angry Wolf” by Tambako The Jaguar, via Flikr

Some of the villagers came running up the hill to help the boy drive away the wolf. When they got to the top of the hill, they too saw an animal that looked like a wolf. These villagers joined the boy and continued to yell.

But most of the villagers remained at the bottom of the hill. “That’s no wolf,” said the villagers who remained. “That’s just a kind old dog. He’s not going to hurt anything.

The villagers at the top of the hill were unable to drive the animal away—whatever it was. Perhaps the other villagers were right. After all, most of the sheep were unharmed by the animal. Only a few were eaten. Continue reading

Everybody Hates The Bluebook: An Example

I’m taking a break from post-election thoughts to write about something much less upsetting: The Bluebook. I recently wrote a 27-page book review of the 20th Edition. Seriously. You should check it out.

In the review, I argue that many critiques of The Bluebook don’t critique the actual book. Rather, they seem to be upset about something altogether different, with The Bluebook just providing an easy target for their scorn.

An instant classic of the genre appeared today in Above The Law. An in-house lawyer offers a recommendation to future in-house lawyers: “Burn Your Bluebook.” Yikes! Look, I admit I’ve never worked as in-house counsel. And I wouldn’t be surprised if in-house lawyers rarely used The Bluebook. But the complaints in the article have almost nothing to do with The Bluebook. You could burn (or not burn) pretty much anything and you’d have just as much of an effect on the problems outlined in the article, since the author’s dispute is not with The Bluebook as a citation guide. Rather, the author seems to dislike providing any legal authority whatsoever in his memoranda. That’s fine! But that has nothing to do with The Bluebook, which contains rules to follow for when you do want to cite to legal authority in your memoranda. Continue reading