Published on: Sunday, November 21, 2021

A new Bluebook rule that would require slavery parentheticals has been adopted and is now part of the Bluebook.

Rule 10.7.1(d) is now Rule 10.7.1(e).

Rule 10.7.1(d) now covers slave cases. For cases involving an enslaved person as a party, use the parenthetical “(enslaved party).” For cases involving an enslaved person as the subject of a property or other legal dispute but named as a party to the suit, use the parenthetical “(enslaved person at issue).” For other cases involving enslaved persons, use an adequately-descriptive parenthetical.

  • Dred Scott v. Sanford, 60 U.S. (19 How.) 393 (1857) (enslaved party), superseded by constitutional amendment, U.S. Const. amend. XIV.
  • Wall v. Wall, 30 Miss. 91 (1855) (enslaved person at issue).