EMLF Author Guidelines

Chapter guidelines for chapters submitted to EMLF

Annual Institute Proceedings - General Comments
Papers submitted to the Energy & Mineral Law Foundation follow the standards set by the published Institute papers of the Energy & Mineral Law Foundation and the Rocky Mountain Mineral Law Foundation. The name of the publication including the EMLF Annual Institute Proceedings is Energy & Mineral Law Institute. Volumes of this publication prior to 1999 were titled Eastern Mineral Law Institute.

All papers should conform to these "Author's Chapter Guidelines." The Bluebook system of citation should be used. Please refer to the published chapters on the EMLF website under "White Papers" to review the finished product.

The Foundation warrants that the Annual Institute lectures and papers will be the original work of the authors, not previously published, and will not contain copyrighted material from other sources without the consent of the publisher and copyright owner of such material. A speaker release to this effect must be signed by each author and returned to the Foundation prior to publication.

Authors are solely responsible for the content. It is presumed that any article is substantively accurate on the date that it is submitted in final form to the Foundation.

Manuscript Preparation
Desktop publishing is used for the Annual Institute proceedings, so please follow these guidelines for manuscript preparation:.

1. Manuscripts should be submitted electronically as an email attachment sent to anna@emlf.org, and should also be submitted in hard copy by regular mail to Anna Girard Flletcher, EMLF, 340 South Broadway, Suite 101, Lexington, KY 40508. We request the hard copy AND a disk for back-up, should any question arise during the editing process that may be due to an electronic “kink” in the emailed data. Approximately 45 typewritten pages is an average length for submission.

2. Please submit your manuscript in Microsoft Word, using the footnote feature and italicizing, rather than underlining words. Problems occur with the desktop publishing software when WordPerfecxt software is used. Please do NOT prepare in WordPerfect and convert to Microsoft Word prior to submission, because the same formatting problems occur.

3. Because of the technology used in desktop publishing, please limit the use of charts, graphs, diagrams or letter exhibits in your chapter. When such references are necessary, please incorporate the text of such exhibit in a footnote. If graphic references are absolutely essential, please submit an original document for incorporation as an appendix to your chapter.

A typical chapter is divided into sections and subsections with appropriate headings, which are used for the Table of Contents and as key words for electronic databases. When preparing the article, use XX to represent the chapter number (your chapter number will be assigned later during the editing process), followed by the heading for each section and subsection. Chapters will be assigned during the editorial process. These sections will be the main topics of your article. A section may be divided into three (3) subsection levels, where necessary, as shown below. Place a period after each heading in sections and subsections as shown below.

§ XX.01. Legal Problems and Solutions.

[1] —  Administration and Enforcement.
[a] — Particular Aspects Under Article 4.
[b] — Orphan Wells.

[2] —  Constitutional Limitations.
[a] — Requirements for Coal Mine Safety.
[b] — In re Peabody Coal.

§ XX.02. New Legislation.

Sections and Subsections in Your Paper
An article should be divided into as many sections as necessary. Section headers are used in the indexing process by WESTLAW for electronic databases. Therefore, make sure your headers have meaning. For instance, "Other Cases" should not be used as a section or subsection header because it does not describe the material which follows and could not be used for indexing.

General Rules

a. Capitalize each word of each section and subsection heading, except for articles and prepositions that are fewer than five letters.

b. Quotations: indent (block) quotations of 50 words or more. Shorter quotations should be run on with the text, set off by quotation marks followed by the appropriate footnote.

c. Numbers: In the text, spell out numbers one through nine; use Arabic figures for 10 and above. Use Arabic figures for all numbers in footnotes. Exception to both rules: always spell out the number if it is the first word in the sentence. Use Arabic figures for percentages and spell out the word percent instead of using the symbol.

d. Crossreferences: All crossreferences to other parts of the article should be to section and subsection numbers; e.g., see text, [infra or supra], § XX.04 [I] for further discussion. Avoid crossreferences to footnotes.

Beware the overuse of acronyms!  Because the energy and mineral industry is highly regulated, you will often need to repeat the acts and statutes you live by in your writing. Understand that your readers may be new to the subject matter. Intersperse the full name of the regulation with the acronym for the regulation from time to time so the reader does not have to search for the meaning in earlier pages.  It’s also a good idea to keep that point in mind when you are speaking.

Citations in Text
The first time a case is cited in the body of the paper, use the full title of the case in italics. Repeat the full title and the citation in the footnote. Thereafter, a shorter name such as the common name of the case or the name of plaintiff or defendant may be used. For example, first cite as Doran v. Petroleum Management Co., thereafter as Doran.

When a statute with a common name is to be mentioned in the text, use the full title the first time the statute is mentioned, and provide the citation in a footnote. If the statute will be mentioned often in the text, a common name or acronym can be used. The common name or acronym should appear in parentheses in the text immediately after the first use of the full name.

. . . the Federal Mine Safety and Health Act of 1977 (MSHAct). Footnote reads Federal Mine Safety & Health Act of 1977, 30 U.S.C. § 801 et seq. (1982).

Citations in Footnotes
Conform all citations to Blue Book style. Do not include citations to cases published unofficially in topical compilations or "services" such as the Uniform Commercial Code Reporting Service or the Tax Court Reports, unless that is the only source of the published case.

Abbreviate all case names and citations according to Blue Book. Note that the Blue Book now provides the citation form for LEXIS and WESTLAW and for information obtained from the Internet.

For state cases, give only the West or "unofficial" citations where available, unless none exists. Most readers will have access to West's National Reporter System, but many will not have access to the "official" reporters of all the states. Include the name of the state (and indicate the court level only where the court is less than the highest court of that state); e.g., Commonwealth v. Barnes & Tucker Co., 303 A.2d 544 (Pa. Int. App. Ct. 1974); and on appeal, Commonwealth v. Barnes & Tucker Co., 371 A.2d 461 (Pa. 1977).

Always give the full citation to an authority in a footnote, even though the same citation has been used previously. Do not use a shortened version with "infra" or "supra" to refer to another footnote or section of the paper. If several footnotes in the same section will refer to a single book, article, or case with a particularly long title, use a short title with the first citation: e.g., Fawcett, "Applicability of Federal and State Securities Acts to Sales of Oil and Gas Interest," 17 Inst. Oil & Gas L. & Tax 245, 25257 (1966) [hereinafter cited as Fawcett]. The only exception to this rule is where the immediately preceding footnote contains the basic citation, in which "Id." or "Id. at ___” may be used in as many successive footnotes as refer to the basic citation.

And just one final note. A common writing error is to capitalize the generic words court, court of appeals, district court,  commonwealth court or term in the text when discussing a case or opinion. These words are capitalized only when you use the full name of the court, such as the Supreme Court of West Virginia, or the Commonwealth Court of Pennsylvania. The exception to this is the United States Supreme Court. When you are referring in the text to the United States Supreme Court, you can properly refer to it as the Court.