Citing Responsibly: A Guide to Avoiding Plagiarism

Revised 2024-2025

This handbook was revised in 2024-2025 by faculty, staff, and student participants on the George Washington University Law School’s Academic Integrity Committee. It is intended to inform students on  the law school’s rules regarding plagiarism and to provide tips on how to avoid committing plagiarism. The following pages provide examples of plagiarism, answers to some common questions about plagiarism, and guides to using sources in legal writing.

Plagiarism has serious consequences. It can result in a failing grade or expulsion from school. It can also affect admission to the bar. You may be surprised to find that what you thought was benign behavior is actually a form of plagiarism. It is important for all students to understand that they are bound by the law school’s citation rules, regardless of the rules they may have learned in other contexts. Providing  adequate  references is necessary to avoid plagiarism. Even if the form of a citation is incorrect, this type of error is preferable to plagiarism by not providing references. One cannot avoid charges of plagiarism simply because one is unfamiliar with the law school’s  rules, and the penalties for plagiarism are the same  for all students.Therefore, you should acquaint yourself with the information contained in this handbook and refer to it as you complete written work in law school.

The guidelines contained in this handbook are for the entire law school community and are applicable to all students pursuing any degree at the law school. The work covered includes, but is not limited to, Fundamentals of Lawyering assignments, theses, research papers written in seminars and other courses, moot court briefs, and journal Notes.  

The committee hopes that this guide will assist you in writing responsibly. You are encouraged to ask questions whenever you are unsure about reference  requirements for your law school work and to err on the side of caution in all your legal writing and citations.

Academic Integrity at GW Law

All students are responsible for reading and understanding the law school’s Academic Integrity Code (the “Code”), which can be found online.

The Academic Integrity Committee is charged with educating members of the law school community about their responsibilities under the Code. . The Dean of Students Office is responsible for preliminary investigations of alleged violations of the Code, including charges of plagiarism. Students are encouraged to seek guidance from the Dean of Students or members of the Committee whenever questions regarding the Code arise.

What is Plagiarism?

The Code defines plagiarism in Section 5.1.2 as follows:

Intentionally, knowingly or recklessly representing the words or ideas of another as one’s own in any academic exercise, including, without limitation, the intentional, knowing, or reckless failure to give attribution when making a direct quotation or when paraphrasing or borrowing facts or information . An intentional, knowing or reckless violation of any rule set forth in “Citing Responsibly” shall be regarded as an act of plagiarism . Absent exceptional mitigating circumstances, the normal sanction for a substantial case of plagiarism includes, at a minimum, a one-year suspension.[1]

You can commit plagiarism without intending to deceive. If a citation is required and you recklessly omit it, you have committed plagiarism. It is no defense to say you did not know a reference citation was required.

Penalties for Plagiarism

The penalties for plagiarism are serious. According to Section 8.2 of the Code, sanctions include expulsion, suspension, or a permanent notation of dishonesty on a student’s transcript. 

Eight Basic Rules of Citation

Remember that citing references serves the dual purpose of attributing work to the rightful owner and disclosing information useful to other researchers. The following six basic rules will help you achieve these objectives and avoid plagiarism.[2]

1. Cite the source of any direct quotation,[3] and indicate that the material is quoted by enclosing it in quotation marks or using block quotation format.
2. Cite any sources "from which language, facts, or ideas have been paraphrased or summarized.”[4]
3. Cite the source of an idea; in addition, cite the source of information that might be considered common knowledge in two situations: a) when you learned of the information from the source, or b) when the reader might find the information unfamiliar.[5]
4. Cite sources when they add relevant information to the topic or argument discussed in your work.[6] Sources that add relevant information should be cited after your original text using an appropriate signal, such as 'see generally,” and a parenthetical describing the relevance of each source.[7]
5.  Cite sources for information taken from specialized materials, such as "lectures, recordings, films, interviews, letters, unpublished manuscripts, charts, [or] tables.”[8]
6. Cite sources on which you directly rely for authority.[9] For example, if you take information from a law review article, you should cite the law review article. It would be impermissible to cite directly to the sources in the article’s footnotes. Only sources you have read yourself should be directly cited. Similarly, if you take information from a generative artificial intelligence (AI) response, you should cite to the AI generator. It would be impermissible to cite directly to the sources cited by AI without reading the content of those sources yourself.
7. All citation requirements apply to the use of generative AI. When relying on generative AI as a source of language, facts, or ideas, cite the generative AI as a source. AI citation requirements for class assignments may be determined by the individual professor. Make sure to clarify the expectations with regard to citing information taken from AI. Always err on the side of citing.
8. Relying on generative AI to generate original content for inclusion in an assignment submitted for evaluation is cheating under the Academic Integrity Code, and it is forbidden unless expressly permitted by your professor.  

Examples of Plagiarism

The following examples of plagiarism highlight situations that can  arise in written assignments. If you have any questions about these examples, you should discuss them with a member of the Academic Integrity Committee or the Dean of Students Office.

The following quote is an excerpt from a law review article by Jacob Rogers. The examples following this excerpt demonstrate four different ways plagiarism can occur, as well as suggestions for avoiding plagiarism.

At first blush, it does not seem controversial to suggest that everything that happens between participants inside a virtual world should be governed by the terms of the world itself, as set forth in a terms-of-service contract. Virtual worlds are analogous to the real world--only the terms of the real world are called “laws” and inhabitants do not have the chance to agree before joining. One would be hard pressed to deny that many laws, like some terms of service, are either silly or unjust (or both). For potential inhabitants of a virtual world, then, it is as if they could choose what country to be born into, with all the laws and culture that would go along with such a choice. It stands to reason that someone with such a choice should be bound by her decision for as long as she chooses to stay there.

Jacob Rogers, Note, A Passive Approach to Regulation of Virtual Worlds, 76 Geo . Wash . L . Rev . 405, 419 (2008).

Example of Plagiarism #1:

It does not seem controversial to suggest that everything that happens between participants inside a virtual world should be governed by the terms of the world itself, as set forth in a terms-of-service contract.

Solution:

To avoid plagiarism, you need quotation marks around the entire quote and a citation at the end of the sentence.

Tips:

• Always acknowledge direct use of someone else’s words.
• When you quote or copy words directly from a source, always provide a citation and indicate that you are quoting by using quotation marks or block quotation format.

Example of Plagiarism #2:

Virtual worlds are very similar to the real world, only in the real world, these terms are called "laws,” and people do not have the chance to agree before joining. Like laws, some terms of service are either silly or unjust (or both)

Solution:

To avoid plagiarism, you need citations after both sentences in the example.

Tips:

• Always acknowledge the source of any words you paraphrase.
• Even if you change a few words and vary the order of the source sentences, always use citations. Paraphrasing is permissible only if you give proper attribution.

Example of Plagiarism #3:

It seems uncontroversial that participants of a virtual world should be governed by the terms of service, even terms that seem unjust or silly.

Solution:

To avoid plagiarism, you need a citation at the end of the second sentence because it expresses the same idea as the source article.

Unlike the first two examples, comparing the two statements side by side might not yield conclusive proof of plagiarism. But if you borrowed this idea from the source, you must include a citation.

Tips:

• Always acknowledge your direct use of someone else’s idea.
• When in doubt, err on the side of giving credit; remember that a citation increases persuasiveness.

Example of Plagiarism #4:

Because one can freely leave a virtual world, one is assenting to the laws of the virtual world by simply remaining in the virtual world; this is true regardless of how absurd some of the laws may be. Unlike the real world, one has many options on which virtual world to enter and the cost of switching between them is not nearly as high as it would be to relocate in the real world.

Solution:

To be a careful legal scholar, you should cite the source at the end of this passage using an appropriate signal indicating how the source has been used. Legal writers often build on other sources to arrive at their own analysis or conclusion, and sometimes a source may trigger a related idea. In these instances, even when there is no inference of plagiarism, a citation to the original source, with an appropriate signal, should be included.

Tip:

• Always acknowledge your source when your own analysis or conclusion builds on that source.

Example of Plagiarism #5:

It's reasonable to think that the rules governing interactions in a virtual world should be dictated by its terms-of-service, similar to how real-world laws apply, with participants having the option to choose and adhere to these rules as they would with any chosen country.

Solution:

The above text was taken directly from a ChatGPT response and should be followed immediately by a citation to the generative AI source. When using AI, any text quoted directly from the AI source, even if modified, must be in quotations and cited at the end of the sentence.

Tips:

• Always acknowledge direct quotations taken from generative AI.
• When in doubt, err on the side of giving credit; remember that a citation increases persuasiveness.

Citation Requirements for Drafts: How Do They Compare with the Requirements for Final Work?

Students should always demarcate the work of others in writing outlines, drafts, and any other non-final documents as a matter of good practice.  Indeed, some faculty members will require citation to the work of others in every document, whether final or non-final, and students should not presume that only final documents require reference.  Students should confirm with individual faculty members what references are required in every document.

Answers to Common Questions About Writing and Citing

Tip: If you are wondering about it, just cite it. Avoid any situations that may constitute plagiarism.

Question #1:

When I see that a source contains a string cite, can I copy the string cite and then simply cite the source where I found it?

Answer #1:

No. This is plagiarism. You must only use the source’s string cite as a reference aid. Use it as a research clue, looking up the material cited in the string cite. You cannot and should not “trust” the source to have properly cited the cases. Again, it is your responsibility to use the string cite honestly. Look up the material, decide for yourself if it is applicable, and then cite the works you use.

Question #2:

If I am in a hurry to turn in a writing assignment and forget to use quotation marks around a sentence that I directly quoted, is this plagiarism? It was done in good faith, and I still cited the sentence.

Answer #2:

Yes. This is still plagiarism, and an honest mistake is no excuse. By not using quotation marks, you are misrepresenting the sentence as your own. Taking careful notes from the beginning of your research and writing process will help you avoid inadvertent plagiarism.

Question #3:

I really need to use the facts that I found in a source. The facts naturally fall into the sentence pattern of the source I am using. Can I avoid the need for citations by using a thesaurus and changing a few identifying words so that it sounds more like my writing style?

Answer #3:

No. This is plagiarism. Changing a few words in a sentence is not sufficient to make a passage your own. There is nothing wrong with using quotation marks. Err on the side of caution and use quotation marks if you cannot paraphrase adequately. Even if you do paraphrase, you need to cite your source.

Question #4:

Is the use of AI generated work allowed?

Answer #4:

Always check with your instructor before using AI for coursework. If AI is allowed and you use AI in your work, you should always cite any work generated by AI tools.

Question #5:

Why do we have plagiarism rules in law school but we do not typically have plagiarism rules in practice?

Answer #5:

In the academic context, there is a presumption of originality – i.e., the work that you are submitting to your professor as a student is your original work and did not receive improper aid in its completion. In the academic context, your professor relies on a presumption of originality, and violation of that presumption is detrimental to fair grading in the course. The presumption also exists in the publishing world, where readers rely on the originality of a work, so notes or articles submitted to journals also must be original. In legal practice, there is not always a presumption of originality – e.g., a judge’s decision on which side should prevail in a court case is not determined by any such presumption.

Proper Use of Foreign Language Sources

Use of foreign language sources presents unique citation challenges for all students. When your work involves use of foreign language sources, you cannot incorporate direct translations of portions of the work without using quotation marks and citations. If you or someone you know translated the source into English, you might feel like you are using your own words and do not need quotation marks, but do not be fooled—this is plagiarism.

To avoid plagiarizing in this situation, you should use quotation marks and correct citations, noting that the quoted portion was translated into English by you or someone else. Do not forget that you must fully cite ideas and words that are not your own.

Sources

[1] The George Washington University Law School, Academic Integrity Code,

§ 5.2.2. https://bulletin.law.gwu.edu/gw-law-academic-integrity-code

[2] See generally Robert D. Bills, Plagiarism: Close Resemblance of the Worst Kind?, 31 Santa Clara L. Rev. 103, 126-130 (1990) (discussing six basic citation rules for avoiding plagiarism).

[3] See id. at 127.

[4] Id. at 128.

[5] See id. at 128-29.

[6] See id. at 129.

[7] See The Bluebook: A Uniform System of Citation, Rules 1.2(d)-(e)(21st ed. 2020).

[8] See Bills, supra note 2, at 129.

[9] See id.

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