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- Dred Scott v. Sanford, 60 U.S. (19 How.) 393 (1857) (enslaved party), superseded by constitutional amendment, U.S. Const.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).
There are some obvious candidates for the first parenthetical, such as Dred Scott. And I think Prigg would warrant the second parenthetical. Beyond the well-known cases, I’m not sure how authors would know if a case involved slavery in some fashion. Would any case prior to the 13th Amendment now have to be checked? I will wait patiently for a law review editor to order me to add a parenthetical for Dred Scott.