VII. SAINT LOUIS UNIVERSITY SCHOOL OF LAW PLAGIARISM POLICY STATEMENT

4. Examples
   
   The following paragraph was written by a student author, Mary M. Wynne, and published as a Comment in The Saint Louis University Law Journal: Primary Liability Amongst Secondary Actors: Why the Second Circuit's "Bright Line" Standard Should Prevail , 44 St. Louis U. L.J. 1607, 1608 (2000).
   
   

5. Except from Comment by Mary Wynne: Although the need for securities regulation may be obvious today, such was not always the case. 5 It was not until the beginning of the 20th century that" [t]he idea that the general public ha[d] an interest in the control of the exchanges" came into fruition. 6 A want of federal regulations and a lack of uniformity in state legislation prior to this point provided breeding grounds for fraudulent and deceptive securities transactions. 7 However, it was not until after the problem came to a head with the "Great Crash" of October 1929 that the necessary federal securities legislation came about. 8 5 See generally Steve Thel, The Original Conception of Section 10(b) of the Securities Exchange Act , 42 Stan. L. Rev. 385, 394 (1990). 6 Id. 7 Kyle M. Globerman, The Elusive and Changing Definition of a Security: One Test Fits All , 51 Fla. L. Rev. 271, 277, (1999) (Globerman noted the problems of the securities market prior to federal legislation, stating: "The absence of federal regulations and disparity in state legislation provided fertile ground for fraudulent and deceptive trading in securities leading to illusory market strength."). 8 Id. at 278-80

   The following examples illustrate plagiarism in the shaded boxes followed by correct use of the Mary Wynne article in the non-shaded boxes.

   EXAMPLE 1: DIRECT QUOTATION WITHOUT QUOTATION MARKS
   
   

   Plagiarism: Although the need for securities regulation may be obvious today, the idea that the general public had an interest in the operations and performance of the stock market did not emerge until the beginning of the 20th century. 1 1 See generally Mary M. Wynne, Comment, Primary Liability Amongst Secondary Actors: Why the Second Circuit's " Bright Line " Standard Should Prevail ," 44 St. Louis U. L.J. 1607, 1608 (2000), and Steve Thel, The Original Conception of Section 10(b) of the Securities Exchange Act , 42 Stan. L. Rev. 385, 394 (1990).

   Example 1 is plagiarism because the writer does not indicate by quotation marks that he took the exact words of the two authors, Wynne and Thel, he cites as the sources of his ideas. His footnote merely indicates that the two articles support his own statement. The writer needed to use quotation marks to identify the phrases he duplicated from the two articles. He should also have used an internal quotation to indicate that the Thel article was quoted in the Comment by Mary Wynne. Example 1 could be rewritten as follows to avoid plagiarism by indicating with quotation marks the language taken from Wynne and Thel:

   Correct identification of quoted language: As noted by Mary Wynne, while "the need for securities regulation may be obvious today . . . [it] was not until the beginning of the 20th century that '[t]he idea that the general public had an interest in the operations and performance of the stock market' came into fruition". 1 1 Mary M. Wynne, Comment, Primary Liability Amongst Secondary Actors: Why the Second Circuit's " Bright Line " Standard Should Prevail ," 44 St. Louis U. L.J. 1607, 1608 (2000), quoting Steve Thel, The Original Conception of Section 10(b) of the Securities Exchange Act , 42 Stan. L. Rev. 385, 394 (1990).

   EXAMPLE 2: PARAPHRASE WITHOUT ACKNOWLEDGEMENT

   Plagiarism: The need for securities regulation is quite evident today but was not apparent before the early years of the 20th century. The stock market crash of 1929 taught everyone that there was a strong public interest in securities regulation. In addition, the 1929 crash was caused by the false appearance of market vitality resulting from widespread fraud in stock trading practices.

   Example 2 is plagiarism because the writer has taken ideas from Wynne, Thel, and Globerman without acknowledgement. The fact that the writer expressed these ideas in different words does not excuse the lack of citations to Wynne, Thel, and Globerman, since these authors were the source of the ideas.

   Example 2 could be rewritten to avoid plagiarism by citations to Wynne that noted her use of Thel and Globerman.

   Correct citation of sources: As noted by Mary Wynne, the need for securities regulation is quite evident today but was not apparent before the early years of the 20th century . 1 The stock market crash of 1929 taught everyone that there was a strong public interest in securities regulation . 2 In addition, the 1929 crash was caused by the false appearance of market vitality resulting from widespread fraud in stock trading practices . 3 1 Mary M. Wynne, Comment, Primary Liability Amongst Secondary Actors: Why the Second Circuit's " Bright Line " Standard Should Prevail ," 44 St. Louis U. L.U. 1607, 1608 (2000), citing Steve Thel, The Original Conception of Section 10(b) of the Securities Exchange Act , 42 Stan. L. Rev. 385, 394 (1990) (emergence of public interest in securities regulation). 2 Wynne, supra note 1, at 1608, citing Kyle M. Globerman, The Elusive and Changing Definition of a Security: One Test Fits All , 51 Fla. L. Rev. 271, 278-80 (1999) (noting the importance of the 1929 crash and illusory market strength resulting from fraudulent practices.). 3 Wynne, supra note 2, at 1608, citing Globerman, supra note 2, at 277.

   EXAMPLE 3: INCOMPLETE ACKNOWLEDGEMENT AND PARTIAL CITATION

   Plagiarism: The need for securities regulation, although obvious today, was not always recognized. 1 Fraudulent securities regulations resulted from the absence of federal regulations and uniform state regulations. 2 The need for such regulations became evident only after the stock market crash of 1929. 1 Steve Thel, The Original Conception of Section 10(b) of the Securities Exchange Act , 42 Stan. L. Rev. 385, 394 (1990). 2 Kyle M. Globerman, The Elusive and Changing Definition of a Security: One Test Fits All , 51 Fla. L. Rev. 271, 277 (1999).

   Example 3 is plagiarism for two reasons. (1) The writer does not acknowledge that Mary Wynne was the actual source of his information about the need for securities regulations and the contributions of Thel and Globerman to this topic. (There is no indication that the writer read either Thel or Globerman, since he says nothing about them beyond what Wynne reports.) The writer's citations to Thel and Globerman are deceptive, since he relies entirely on Wynne and presents her work as his own. It was her idea to combine the insights of Thel and Globerman into a more comprehensive statement about securities regulation. (2) The last sentence of Example 3 has no footnote and appears to be the writer's own conclusion, when in fact it is a conclusion reached by Globerman as reported by Wynne.

   Example 3 could be rewritten to avoid plagiarism by supplying appropriate citations:

   Correct citation and complete acknowledgement of sources: As noted by Mary Wynne, the need for securities regulation, although obvious today, was not always recognized. 1 Fraudulent securities regulations resulted from the absence of federal regulations and uniform state regulations. 2 The need for such regulations became evident only after the stock market crash of 1929. 3 1 Mary M. Wynne, Comment, Primary Liability Amongst Secondary Actors: Why the Second Circuit's " Bright Line " Standard Should Prevail ," 44 St. Louis U. L.J. 1607, 1608 (2000), citing Steve Thel, The Original Conception of Section 10(b) of the Securities Exchange Act , 42 Stan. L. Rev. 385, 394 (1990). 2 Wynne, supra note 1, at 1608, citing Kyle M. Globerman, The Elusive and Changing Definition of a Security: One Test Fits All , 51 Fla. L. Rev. 271, 277 (1999). 3 Wynne, supra note 2, at 1608, citing Globerman, supra note 2, at 278-80.