Citation Signal - Parenthetical Information

Parenthetical Information

Use parentheticals, as need, to explain the relevance of a particular authority to the proposition given in the text. Parenthetical information is recommended when the relevance if a cited authority might not otherwise be clear to the reader. Explanatory information takes the form of a present participle phrase, a quoted sentence, or a short statement that is appropriate in context

• Phrases not quoting the authority. Explanatory parenthetical phrases not directly quoting the authority usually begin with a present participle and should never begin with a capital letter:

See generally John copeland Nagle & J.B. Ruhl, The Law of Biodiversity and Ecosystem Management 227-45 (2002) (detailing the ESA's prohibition on the possession of protected species).

Boos v. Barry, 485 U.S. 312, 318 (1988) (recognizing public-issue signs to be classic examples of free speech).

See generally Akhil Reed Amar, Reports of My Death Are Greatly Exaggerated: A Reply, 138 U. Pa. L. Rev. 1651 (1990) (arguing that the author and the two-tier theory of federal jurisdiction are still viable).

See, e.g., Environmental Defense Fund, Inc. v. Hardin, 138 U.S.App.D.C. 391, 395, 428 F.2d 1093, 1097 (interest in health affected by decision of Secretary of Agriculture refusing to suspend registration of certain pesticides containing DDT).

See Verizon Md. Inc., 535 U.S. 635, 644 n.3, 152 L. Ed. 2d 871, 122 S. Ct. 1753 ("The Rooker-Feldman doctrine merely recognizes that 28 U.S.C. §1331 is a grant of original jurisdiction, and does not authorize district courts to exercise appellate jurisdiction over state-court judgments, which Congress has reserved to this Court, see §1257(a).").

When a complete participial phrase is unnecessary in context, a shorter parenthetical may be substituted:

Such standards have been adopted to address a variety of environmental problems. See, e.g., H.B. Jacobini, The New International Sanitary Regulations, 46 Am. J. INT'L L. 727, 727-28(1952) (health-related water quality); Robert L. Meyer, Travaux Preparatoires for the UNESCO World Heritage Convention, 2 EARTH L.J. 45, 45-81 (1976( (conservation of protected areas).

• Phrases quoting the authority. If the parenthetical quotes one or more full sentences, then the parenthetical should begin with a capital letter and end with punctuation. Example:

See Committee Note to Interim Rule 8001(f) ("Given the short time limit to file the petition with the circuit clerk, subdivision (f)(1) provides that entry of a certification on the docket does not occur until an effective appeal is taken under Rule 8003(a) or (b).").

Punctuation and Spacing: Insert one space before the opening parenthesis of the explanatory parenthetical. Note that if the parenthetical does not contain a complete sentence, the writer should not place final punctuation, such as a period, inside the parenthetical. Additionally, in legal writing it is permissible to nest several levels of parenthetical material, and it is also permissible for parentheses pointing the same way to "kiss." However, never have two parentheses pointing in different ways abut each other; always use a space between them.

Place a parenthetical that must be included as part of a citation before an explanatory parenthetical. Example:

Fed. R. Civ. P. 30(1) (emphasis added) (also indicating that " party may instruct a deponent not to answer... when necessary to preserve a privilege").

Shorter parenthetical phrases may be used if a complete participial phrase is unnecessary given the context of the citation. Example:

The Florida Supreme court recently declared that “where the seller of a home knows facts materially affecting the value of the property which are not readily observable and are not known to the buyer, the seller is under a duty to disclose them to the buyer.” Johnson v. Davis, 480 So. 2d 625, 629 (Fla. 1985) (defective roof in three-year old home).

The rule in this state continues to be that professional bailees may not limit their liability for negligence; in every instance where a disclaimer of liability has been invalidated, a professional bailee was involved. See Althoff v. System Garages, Inc., supra at 864 (preprinted form used by a garageman); Ramsden v. Grimshaw, 23 Wn.2d 864, 866, 162 P.2d 901 (1945) (preprinted form used by a garageman).

• How do I determine whether my argument needs a parenthetical?

1. If your source directly quotes or supports your argument (meaning you either used no signal or "see" in front of your citation) then you probably do not need a parenthetical. 2. Do you have multiple arguments or points occurring in that portion of the text? If yes, then parentheticals may clarify how those sources individually contribute to the argument. 3. Are you citing to a broad or dense source? If yes, then a parenthetical that points to the correct and specific information might be helpful.

• Order Within a Citation

If the case you are citing has some subsequent history or other related authority that needs to be included, it should come after your parenthetical. Example:

Anderson v. Terhune, 467 F.3d 1208 (9th Cir.2006) (claiming that a police officer's continued questioning violated due process rights), reh'g en banc granted, 486 F.3d 1115 (9th Cir.2007).

• Be careful of...

1. Vague or broad parentheticals that do not add any additional value - the reader would not know anything more or less if it was not there. For example, "addresses tort reform."