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Berghuis v. Thompkins

Article (edit | visual edit | history· Article talk (edit | history· WatchWatch article reassessment pageMost recent review
Result pending

There is a lot of uncited text, including entire sections. The article relies on a lot of large block quotes: these should be summarised and reduced when able. Z1720 (talk) 01:29, 18 October 2024 (UTC)

I can take a look at some of this. I agree that block-quoting the reactions and background material doesn't work. However, I don't see a problem with quoting significantly from the opinion itself. It's an effective summary of a public domain text where the specific language is important. Paraphrasing it risks making the document less useful and potentially less accurate. lethargilistic (talk) 04:05, 18 October 2024 (UTC)
Please make sure that you follow MOS:Law when evaluating this GA article. As to other comments, the block quotes are limited and appropriate when discussing this legal issue. GregJackP Boomer! 04:24, 18 October 2024 (UTC)
This is not a GA by current standards, in my opinion. For one, it cites few reliable sources and instead relies mostly on the text of the decision itself. For another, it's rather poorly written and formatted.  White Whirlwind  12:37, 18 October 2024 (UTC)
Citing primarily to the case in the decision section is well-accepted. Outside of that section, the article cites primarily to other sources. lethargilistic (talk) 14:31, 18 October 2024 (UTC)
In my opinion, quoting large sections introduces legalise into the article, making it harder for the reader to understand the arguments. If the reader wanted to read the decision, they would have looked up the original text. As an encyclopedia, we are supposed to be a tertiary source and provide summaries of the decision: if this was a fiction article writing a plot section, I would encourage editors to remove quotes from the piece of fiction and instead summarise the plot. The lack of citations in other sections, including the entire "Legal background" section, has not been addressed yet. Also, the "Media response" section puts a lot of weight on the opinions of three sources, while the subsequent paragraph mentions sources that are only used to state that they reported on the case, without using those sources as inline citations for the information in the article. I suggest that this section be formatted more like the suggestions in WP:RECEPTION: while it is an essay for how to format reception sections for media, it would be helpful for organising and summarising the information in that area more effectively. Z1720 (talk) 23:34, 18 October 2024 (UTC)
@Z1720:. This isn't a piece of fiction, it's an article on a landmark legal decision by the US Supreme Court. It is completely appropriate to quote a few sentences to show the legal principle decided, especially when you consider the length of the opinion, including any concurrences or dissents. GregJackP Boomer! 04:25, 19 October 2024 (UTC)
@GregJackP: It is appropriate to use some quotes from the case, but I think the article relies on quotes too much, as much of the prose is quotes, especially in the "Majority opinion" and "Sotomayor's dissent" sections. Z1720 (talk) 15:28, 19 October 2024 (UTC)
@White whirlwind: Please refer to MOS:Law, which states that for articles on legal opinions can use both primary and secondary sources. Both are reliable sources, and your objection seems to be that their are not sufficient secondary sources. Just under half of the references are reliable secondary sources (20 of 41), and the others are all reliable primary sources (21 of 41). The formatting follows U.S. Supreme Court Style Guide, and is written in the same style as other featured and good articles on SCOTUS cases. I'll defer to others on whether it is poorly written or not. GregJackP Boomer! 04:15, 19 October 2024 (UTC)
Not quite. Like all niche policies, MOS:LAW is inferior and subservient to general policies such as WP:NOR. NOR specifies that articles should be "based on reliable, published secondary sources, and to a lesser extent, on ... primary sources."  White Whirlwind  13:01, 19 October 2024 (UTC)
Citing the document as a primary source in the article about that document to make straightforward statements about its content is not OR. WP:NOR says "A primary source may be used on Misplaced Pages only to make straightforward, descriptive statements of facts that can be verified by any educated person with access to the primary source but without further, specialized knowledge. For example, ...an article about a novel may cite passages to describe the plot, but any interpretation needs a secondary source." When WP:NOR says the article ought to rely "to a lesser extent" on primary sources, that means at least half of the references should be to secondary sources (minimum, of course, and I'm aware that that's an essay). In context, that is an expression that the article needs to "establish the topic's notability and avoid novel interpretations of primary sources." (The latter is operative now, obviously.) In this article, the opinion is being cited for its contents and nothing more. Per WP:NOR, where there is no neutrality issue like undue weight, "a primary source is generally the best source for its own contents." The article needs at least one more secondary source to get over the minimum by Greg's count, but it's otherwise fine on this point. lethargilistic (talk) 11:12, 20 October 2024 (UTC)
I did not say using a primary source was OR; I said only that NOR requires articles to be based primarily on secondary sources. Moreover, whether it is "straightforward" to summarize a case using itself as a primary source is still up for debate on this site. I have always been on the "no" side of that argument. There are many benefits when editors follow secondary sources' description of cases instead of trying to summarize cases directly: It avoids problems of WP:WEIGHT, it avoids the wide discrepancies in editors' legal training and understanding, and so forth.  White Whirlwind  18:39, 20 October 2024 (UTC)
@White whirlwind: Please provide a cite to a policy that states that MOS:LAW is inferior to WP:NOR, and please point out where in the article that there is original research. GregJackP Boomer! 22:45, 22 October 2024 (UTC)
@GregJackP: NOR is a policy and MOS:LAW is a guideline. WP:PG states, "Policies have wide acceptance among editors and describe standards all users should normally follow" while "Guidelines are sets of best practices supported by consensus. Editors should attempt to follow guidelines, though they are best treated with common sense, and occasional exceptions may apply." Policy is seen on Misplaced Pages as superior to guidelines and should be followed except under exceptional circumstances. Z1720 (talk) 22:53, 22 October 2024 (UTC)
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