Tag: plagiarism

Gallimaufry

GallimaufryDr Johnson defined gallimaufry as

1. A hoch-poch …
2. Any inconsistent or ridiculous medley. …

Here’s a hoch-poch, or hotch-potch (though, of course, not a hotchpot) of links relevant to the themes of this blog that have caught my eye over the last while:

First, an Article 10 Right of Reply? considers the various routes to a legally enforceable right to reply to inaccurate information in the same medium where the original statements were published. In this post, Andrea Martin argued that such a development is neither necessary nor desirable, but that a voluntary scheme operated by broadcast media would have a lot to recommend it.

Second, the Irish judiciary has signalled support for setting up a judicial council, a development anticipated by the ICCL in 2007 which I welcomed at the time.

Third, Slate recently published No More Bullet Points, No More Clip Art (h/t Oisín, offline) arguing that “PowerPoint isn’t evil if you learn how to use it”. But so many people fail to learn how to use it that I have no doubt that my antipathy will continue.

Fourth, a story in the Independent on Plagiarism and PhDs: how to deal with copying says that it “may seem counter-intuitive but postgraduates are more likely to commit plagiarism than undergraduates”. Whether postgrads or undergrads – or of that matter, postdocs, lecturers or professors – we must all be on our guard against plagiarism in the academy.

Fifth, I have long been a strong supporter of open access to academic information, so I am heartened to learn that over 20% of the world’s scholarly journals now open access! (Kudos to DOAJ)

Sixth, Thinspiration: Still legal in the U.S.! picks up the proposed French legislation which I discussed in my post on incitement to anoxeria.

Seventh, the online challenge to traditional third-level education gathers pace: U of California Considers Online Classes, or Even Degrees the University of California “hope to put $5-million to $6-million into a pilot project that could clear the way for the system to offer online undergraduate degrees and push distance learning further into the mainstream …”

Eighth, a woman jailed by a Chicago judge for 2 days for wearing an offensive T-shirt to court recalls my post If t-shirts could talk …, discussing a similar Irish case and a more serious US example (there’s also an earlier Illinois example). Cohen v California 403 US 15 (1971) anyone?

Legal Citation

University of Oxford Crest, via the Law Faculty website.The Oxford Standard for Citation Of Legal Authorities (OSCOLA) is fast establishing itself as the UK’s standard system of legal citation. It is at present undergoing revision, and the Editors welcome comments and suggestions by email before the end of the month.

It is important to disclose sources (not least to avoid charges of plagiarism), in as complete a fashion as will allow a reader to find the source easily. Systematic citation methods allow for accurate, comprehensive and consistent citation of references such as cases, statutes, books, articles, and so on; and, in the legal context, they will also provide valuable information about a case, such as when it was decided, the level of decision, and so on. There are many possible citation systems, of which Harvard maintains a very useful list of paper-based resources.

Cover of the 18th edition of the Bluebook, via its website.However, one citation system stands out, and this is one situation where you really can judge a book by its cover: the Standard System of American Legal Citation is universally called The Bluebook, because of the colour (or, I suppose, the color) of its cover (pictured right; see its wikipedia page). It was first published in 1926 (pdf); it is now in its eighteenth edition; and Peter Martin’s online Introduction to Basic Legal Citation (Cornell Legal Information Institute) is based on it. I’m not a fan: it is clumsy and overly pedantic, premised as it is on the formalist Langellian conceit that there can be a rule for every possible citation occasion. Worse than that, quite frankly, it simply looks ugly on the page. Hence, though it is the dominant US standard, I’m glad that even there it is not entirely without criticism or competition. In particular, there is the long-standing University of Chicago Manual of Legal Citation, which – maintaining the colo(u)r theme – is called the Maroon Book and on which theUniversity of Chicago Law Review has based its house-style; and the Association of Legal Writing Directors have produced a very accessible Citation Manual.

Outside the US, there are few examples of adoption of these standards. Instead, various jurisdictions have developed their own styles. For example, Australia has the Australian Guide to Legal Citation published by the Melbourne University Law Review Association. And the bilingual English-French Canadian Guide to Uniform Legal Citation (6th ed, Carswell, Toronto, 2006) has been produced by the McGill Law Journal (pdf summary here; html summary here).

However, most of these guides continue to be available in print, and for a price (though The Bluebook is also available online by subscription). On Slaw, Gary Rodrigues has argued that there should be free and open online access to the McGill Guide (an argument which could with profit be applied to the others as well):

A Modest Proposal – The McGill Guide

… Like the Bluebook, the McGill Guide has the potential to provide the “systematic method by which members of the legal profession communicate” to one another in Canada. What is needed to achieve this result? One key element is easy access which could be provided if the McGill Guide was made available to judges, lawyers and law students on all of the online services in the country including CANLII, SOQUIJ, and every commercial legal publisher. … The widespread use of a single style guide will help to ensure that legal citations and references are complete and useful. By making the McGill Guide available virtually everywhere, the likelihood is greater that it will be used by an increasing number of members of the legal profession, especially if its use is reinforced in training programs for judges and lawyers. …

There are some general online citation standards, such as The Columbia Guide to Online Style, some of which have been applied in the legal context (see, in particular, Rodrigues’s Electronic Citations and Case Citators – Collaborative Outsourcing).

Not only does OSCOLA provide an elegant, coherent and consistent system of citation, but its great benefit is that is openly, fully and freely available online. There is as yet no standard Irish system of legal citation – what might, perhaps, be called a Green Book – though the style guide used by Round Hall publishers may provide a potential starting point. As a consequence, OSCOLA is what I recommend to anyone who is desperate enough to ask for my advice about citation style. It is an excellent venture, well worth supporting. Check it out; and if you have any comments about it, get them to the editors before the end of the month!

Plagiarising ‘plagiarism’

Turnitin logo, via TCD websiteOn the eternal question of what constitutes plagiarism, via Critical Mass, a post that speaks for itself:

Welcome to the desert of the real

I know you ask yourself constantly: “What does plagiarism look like in the age of simulacrum?” Now we know:

In 2007, after several high-profile plagiarism scandals, Southern Illinois University released a 17-page report on how to deal with the issue. The report includes a lengthy definition of plagiarism, explaining exactly what does and does not merit the dreaded “p” word.

One problem: That definition appears to have been plagiarized.

The 139-word definition used in the report is nearly identical to the definition adopted by Indiana University in 2005. …

… Now if I were a clever postmodernist, I would have just posted Margaret Soltan’s analogous post here in lieu of my own. But I’m not that clever …

Read more here.

Bonus links: A cheat, moi? That’s unfair (Times Higher; hat tip Ninth Level Ireland) | Can law students get away with plagiarism? | The Morality of Plagiarism | Plagiarism is Plagiarism or Why Readily Available Online Information Changes Nothing | What do you do about plagiarism | What do you do about plagiarism | Students turn to web plagiarism | Study shows ‘plagiarism epidemic’.

Solicitors, Plagiarism, and Fitness to Practise

Legal Sopabox blog avatar.Part V of the Solicitors (Amendment) Act, 1994 (also here) governs qualifying for admission as a solicitor in Ireland. Amending section 24 of the Solicitors Act, 1954 (also here), section 40 of the 1994 Act provides that

a person shall not be admitted as a solicitor unless

(e) he has satisfied the Society [ie, the Law Society of Ireland] that he is a fit and proper person to be admitted as a solicitor.

In the Australian state of Victoria, the equivalent legislation [section 1.2.6 of the Legal Profession Act, 2004] requires that the person be “currently of good fame and character”. Moreover, in both Ireland and Vitoria, there is elaborate machinery to strike a solicitor off for alleged misconduct. I learn from The Legal Soapbox (an entertaining Australian blawg, and one of my favourites) that the Victoria provisions have recently featured in case which is a cautionary tale for all students wishing one day to be admitted to practice as solicitors. (more…)