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Addendum to Cases Citing Legal Blogs

A few weeks ago I updated my list of cases citing legal blogs here. I noted that there had been 6 additional court cases citing blogs since I first compiled the list here.

   

One of the new cases was United States v. Kandirakis, 2006 U.S. Dist. LEXIS 53243, which cited Sentencing Law and Policy twice. However, I missed another blog being cited in the same case. Namely, PrawfsBlawg is cited in two consecutive footnotes. Here is the relevant quote from Kandirakis: 

“The notion that a defendant’s sentence is based upon his ‘real offense’ . . . begs the question: ‘real’ according to whom, and according to what standard.” Darmer, supra, at 544. In truth, “real conduct” sentencing as embodied in the Guidelines, is simply punishment for acts not constitutionally proven. n42 The system relies on “findings” that rest on “a mishmash of data[,] including blatantly self-serving hearsay largely served up by the Department [of Justice].” Green, 346 F. Supp. 2d at 280. n43

n42 Dan Markel, “The Indispensable Berman on Booker”, June 26, 2006, PrawfsBlawg, at  http://prawfsblawg.blogs.com/ prawfsblawg/2006/06/the_indispensab.html (“For what is real conduct in a regime in which the Founders sought the use of juries except conduct that has either been admitted to or been included in the indictment and proved to be ‘real’ beyond a reasonable doubt by a jury of one’s peers?”).

n43 Dan Markel, supra note 42 (“[W]hat makes the Booker remedy fundamentally untenable is that it continues to provide safe harbor for the imaginative fantasies of what really occurred under the rubric of real conduct.”); see also Booker, 543 U.S. at 304 (Scalia, J., dissenting in part) (relating that judges “determine ‘real conduct’ on the basis of bureaucratically prepared, hearsay-riddled presentence reports”); Blakely, 542 U.S. at 312 (addressing the unfairness of basing a defendant’s sentence “on facts extracted after trial from a report compiled by a probation officer who the judge thinks more likely got it right than got it wrong”). …

      

United States v. Kandirakis, 2006 U.S. Dist. LEXIS 53243 (D. Mass. 2006)

I am inclined to consider these footnotes as two separate citations. This means that there are now 34 citations of legal blogs from 27 different cases, with 9 legal blogs being cited.

      

If readers learn of any other case citations of legal blogs that are missing from this collection, please add them in the comments.

September 29, 2006 in Cases Citing Legal Blogs | Permalink | Comments (0) | TrackBack

Directory of Legal Blog Topical Categories

This 60-page directory provides a searchable database for topical categories found on legal blogs. All of the topics listed are actively hyperlinked, so the reader can go directly to the blog posts for each topic. The ‘find’ (Control-F) function in Microsoft Word can be used to look up the various topics within the document. For example:

The directory can be downloaded below:

               

September 29, 2006 in Directory of Topical Categories | Permalink | Comments (0) | TrackBack

Where is the Hudson v. Michigan Blog? - A Suggestion for Law Students

On June 15, 2006, the Supreme Court decided the case of Hudson v. Michigan. The Hudson Court held that a violation of the knock-and-announce rule by the police did not require excluding the evidence that they seized. This was a tremendously significant decision, and a quick Lexis search indicates that there have been 39 cases citing Hudson in state and federal courts. But three months later (on September 21st), not a single law review article about Hudson has been written and published. The reason is obvious: there has simply not been enough time.

      

No doubt at this very moment some lawyers and law professors are writing law review articles about Hudson and the knock-and-announce rule. All of these articles will be submitted to law reviews for publication. If they are approved, they will be edited and “acc-checked,” sent back to the author with corrections, resubmitted to the law review, edited and “acc-checked” a few more times, and finally published. How long after the actual case will they appear in print? At least a few months, and perhaps more than a year.

    

Meanwhile, there are prosecutors who are trying knock-and-announce cases, and there are defense attorneys who wonder how Hudson applies to their clients, and there are judges with their clerks who are wondering how Hudson is playing out in the various states and circuits. What questions are left unanswered by Hudson? What consequences should be expected? What progeny might be on the horizon? An attorney who relies on the traditional forms of legal publication will have to wait for a year to learn what the experts think. And when the law review articles finally begin to come out months from now, how many of them will have practical value? Some no doubt will be helpful to legal practitioners, but many of the articles will be esoteric and arcane, and some will already be outdated.

      

But suppose there were a blog devoted exclusively to the case of Hudson v. Michigan (the “HvM Blog”). This blog would become the online authority about the case and its ramifications. Every time a lower court relies on or distinguishes Hudson, the HvM Blog could name and analyze the new decision (and link to it if it’s online). Lawyers and law professors could analyze Hudson and its consequences, and submit their research to the blog. If some form of review were desired, submitted scholarship could potentially be approved, edited, and published within a week after being received. And as state legislatures pass statutes to clarify their laws in the wake of Hudson, the HvM Blog could follow the legislative developments. The blog could link to the online conversations already taking place about Hudson (for example, here and here). If done well, an HvM Blog would provide immediate benefits to the entire legal profession. Prosecutors and defense attorneys across the country would rely on it as a resource, and judges might even cite the blog in a court opinion.

    

Blogs are successfully challenging the monopoly that law reviews and law journals once held over the dissemination of legal scholarship. There are hundreds of law reviews and law journals, including the “main” and specialty ones. How many of the articles contained within are actually read? How many of them have an impact on the profession? How valuable are they to practitioners? How much time does a typical judge or lawyer take to read law review articles when they come out? And how many of these law reviews and law journals could be completely discontinued, with the negative consequences being minimal or non-existent? Every year, law students across the country endeavor to write-on to one of their school’s law journals. Those who are unsuccessful should consider creating a blog as an alternative. Those who do get on law journal should consider creating a blog on the side if time allows.

      

If (as this law professor complains) “the vast majority of law review articles are read by few people, and cited by even fewer,” and if (as this attorney says) “[b]logs are better for me than [law reviews] will ever be,” and if (as this judge predicts) “legal blogs will partially fill the ‘practicality’ gap between the legal academy and the rest of us,” then now is the time for law students to become pioneers in the legal blogosphere. Law students who create sophisticated and authoritative blogs will be laying the foundation for legal scholarship in the 21st century. Eventually future law students may consider starting a blog to be as valid as joining a law journal.

    

I used Hudson v. Michigan as an example, but any important case could merit a blog. The same holds for any significant statute or regulation, or for any major trial. Many legal specialties do not yet have a blog devoted to them (adoption law, for example). By creating a blog, a law student can take online ownership of whatever topic he chooses. He can turn his blog into a continuously updated resource that actual lawyers and judges pay attention to. He can invite lawyers and law professors to post their scholarship on his site, whether short-form or long-form, with a variety of styles ranging from the colloquial to the formal. He can also conduct his own research and publish his own work. Such a student may end up becoming a nationally-recognized authority on his chosen topic. 

    

If law students are inspired by these ideas and create their own legal blogs, they should attempt to get Independent Study credit. This would require finding a faculty sponsor and getting approval from the administration. If it is too late for such a project to be approved this semester then it can be planned for next semester, by which time published articles on Hudson v. Michigan (for example) will still be lacking. Law students who want to make their blogs more official might join together and form a group blog. If any law students follow through with these ideas and start an HvM Blog or its equivalent, please let me know and I will try to send traffic your direction.

September 21, 2006 in Law Student Blogs | Permalink | Comments (8) | TrackBack

Taxonomy Addendum: 104 More Legal Blogs

The following legal blogs have not yet been added to my taxonomy. I'm not entirely sure if/when I will do so, but I'm posting them here so that readers can know of them in the meantime. I learned about most of them from comments to this post or from emails. There are 104 legal blogs on this list.

    

Agricultural Law 

Antitrust and Distribution Law Blog 

Appellate Law & Practice

The Art Law Blog

Aviation Law Prof Blog

    

BC Law IPTF Blog

Bench Conference

Blawg IT 

Blog: Today’s Workplace

Blogging Biodiversity

    

California Supreme Court Pending Appellate Cases 

Canadian Trademark Blog

Cheyenne Personal Injury Lawyer
Colorado DivorcePoint! Divorce Law Blog 

Colorado Springs Personal Injury Lawyer

CommLaw Source

Consumer Law & Policy Blog,

CopyrightWatch.ca 

Corpreform.com

Corrections Sentencing

Credit Slips

Crime and Consequences 

Customs Law 

CYB3RCRIM3

    

Denver Personal Injury Lawyer
Divorce Law Journal

    

E-Commerce Law

Embezzlement Lawyer Blog

Eminent Domain Watch 

    

The Fire of Genius 

FIRE – The Torch

Fraud & Corruption File

    

Georgia DUI Blog

Georgetown Law Faculty Blog

Grand Junction Personal Injury Lawyer 

    

HealthBlawg

    

iBlawg (Duke Univ.)

The Illinois Trial Practice Blog

Indiana Family Law 

Info/Law 

Injustice Anywhere

Insurance Coverage Law Blog 

Intaxicated 

International Economic Law and Policy Blog 

IP Due Diligence

IP Legal Lounge 

      

Jason the Content Librarian

Jeremy Richey’s Religion Law Blog

Jersey City Personal Injury Lawyer

Jim Hamilton’s World of Securities Regulation

Jurisdynamics

    

KatSCAN

    

LawClinic.TV

Lawfirmblogging.com

Lawgarithms 

Law and Letters

The Law Business 

Law Blog Central

Law Firm Internet Marketing Blawg 

Laws 1032

The Legal Reader 

Legal Research & Writing

    

Maryland Divorce Legal Center

MassLawBlog.com

Mass Tort Litigation Blog.

Michigan Collection Law Blog

Minnesota Business Litigation Blog 

Missing Children Blog

Money Laundering Blog 

Money Law

My Social Security Disability SSI Blog 

    

Navigating the Patent Maze 

New Jersey Domestic Partnership Information 

Notice of Appeal

    

Ohio Death Penalty Information

Orange Book Blog

    

Patent Pros 

The Patent Prospector 

Patent Trademark Blog 

Phoenix Personal Injury Lawyer

The Project on Government Oversight (POGO) Blog 

Prosecutor Post-Script

Public Law: California Municipal Lawyer

    

Qui Tam Whistleblower Lawyer

    

Rapanos Blog

    

South Carolina Trial Law Blog

Start Making Sense

Structured Settlements 4Real 

Surrogacy & Egg Donation Blog

    

TechKnowledgyBlog

Temporary Attorney

Tort Law Journal (Ohio)

Trade Secrets Blog 

      

Uncivil Society 

Underdog Blog

University of Illinois College of Law Blogs 

University of Toronto Law School Faculty Blog 

Utah District Court CMECF Updates

Utah and Nevada Estate Planning Blog 

    

Vincent G. Rinn Law Library Blog (DePaul)

Voiceless

    

What’s New in Employment Law?
Womble Carlyle Construction Industry Blog 

    

The Yin Blog

September 14, 2006 in List of Legal Blogs, Taxonomy Addendum | Permalink | Comments (1) | TrackBack

Blogs are Liberating the Profession from Dull Writing

Prof. Doug Berman has a new article in the National Law Journal entitled Blogs are Liberating the Profession from Dull Writing. It provides an excellent overview of why lawyers and law professors are turning to blogs as an alternative means of publishing and communication. The article mentions the collections on 3L Epiphany of cases citing legal blogs and law review articles citing legal blogs. The article also includes quotations from these two interviews I conducted with judges:

Here is an excerpt:

The growing respect for blogging among legal professionals stems in part from the medium's tendency to resist the worst excesses of the traditional forms of legal writing and publication. Many legal documents and most traditional law review articles can be ponderous, with assertions over-wrought, arguments over-made, principles over-cited and everything over-written. The blog medium fosters and rewards succinct expression. For legal writers and legal readers, it is liberating and refreshing to have thought-provoking ideas about the law expressed in only a few paragraphs or even a few sentences.

The blog medium also mitigates against encumbering legal points with endless footnotes and citations. Bloggers can provide references through hyperlinks to original sources or other blogs, but this reality highlights another technological virtue of the medium for developing and expressing legal ideas. Through links, blogs can facilitate a more direct and immediate engagement with original legal materials-whether cases, statutes, briefs, reports or articles-for the blogger and the blog-reader. Through linking, blogs also can foster a more direct and immediate engagement with other lawyers and law professors working on related issues.

Valuably, blogs enable lawyers and law professors to reach an extensive and extraordinarily diverse audience, and to interact with many new people as "cyber-peers." Blogs facilitate exposure to, and scrutiny by, a national and international readership. A blog's audience can include not only judges and practitioners at all levels and in many jurisdictions, but also policymakers, academics from many disciplines and journalists of all stripes. In addition, blogs are accessible to non-lawyers interested in legal issues and, perhaps most valuably, the real people whose lives are affected by the legal policies and doctrines that a blog may discuss. Through comments, links and other means, blogs foster continuous interactions with sophisticated (and unsophisticated) readers that can provide for a distinct and valuable form of peer review.

September 11, 2006 in Blog Articles, Publicity | Permalink | Comments (0) | TrackBack

New Blog for Law Students Interested in Judicial Clerkships

All law students interested in applying for a judicial clerkship should definitely visit The Clerkship Notification Blog. Each circuit, state, and district is listed as a blog post, and readers can view or add information in the comments. It’s an excellent idea, and was quite successful last year.

    

From the introduction: 

Welcome to The Clerkship Notification Blog for the hunting season of 2006. The goal of this blog is to provide a forum for law clerk applicants to share information regarding their clerkship applications. By using the "comments" function applicants can easily find and share information as to which judges have started calling applicants, which judges have started making offers, and which judges have completed their hiring. Posting is entirely anonymous (though you are, of course, free to sign your name). 

The blog comes courtesy of Katherine McDaniel, who recently graduated from Yale Law School and has also started a new IP/tech blog called KatSCAN. 

September 10, 2006 in Blog News | Permalink | Comments (0) | TrackBack

Posts from Graduate Bloggers

This collection of blog posts by recent law school graduates is from Law School Roundup # 33 at divine angst:

    

You Know You Never Have to Go Back [to Law School] When...

Congratulations for graduating and best wishes to all of them.

September 8, 2006 in Graduate Blogs | Permalink | Comments (0) | TrackBack

Blogging and the Future of Legal Scholarship

There is a fascinating collection of essays on “The Future of Legal Scholarship” at the Yale Law Journal Pocket Part, all of which are written by law professors who blog. The essays explore the ways in which the online world is changing the nature of legal scholarship.

    

The essays are:

I learned of them via this post by Prof. Vladeck at PrawfsBlawg. It is worth pointing out that the print version (pdf) of Prof. Vladeck’s article has 39 footnotes (including 2 citations to 3L Epiphany), while the digital version contains active hyperlinks and thus requires no footnotes at all.

September 7, 2006 in Academic Blogging, Blogs and Law Reviews | Permalink | Comments (0) | TrackBack

European Legal Blogging

The Law & Justice Blog is a Belgian blog that keeps excellent track of the European legal blogosphere. They have just celebrated their first anniversary. Congratulations to blogger Edwin Jacobs for all his work.

For those interested in European legal blogging, I recommend the Law & Justice post on What Legal Rules Are Applicable to Blogs?

September 6, 2006 in Blogosphere | Permalink | Comments (1) | TrackBack

Question for Visitors from University of Missouri

One great benefit of blogging is that the locations visitors come from can be instantly identified. This is an unprecedented development in the history of publishing. Anyone who has published an article in a traditional journal simply has no way of knowing whether someone was reading it earlier today. If someone did read it, there's no way of telling where the reader was located. A blog, on the other hand, allows the author to keep track of visitor locations, as well as referring URL's, domain names, and other interesting information. And the blogger's ability to update his blog allows him to quickly interact with specified readers. Hence this blog post.

According to my Sitemeter, I received several visitors today from the University of Missouri - Columbia. I assume they were from the law school, but they could have been from the main university. The domain name in each case was “missouri.edu,” and the IP addresses were very close to each other, as if they were located in a library computer lab.

I am hoping that someone from the Univ. of Missouri could let me know if anything specific caused them to visit. The referring URL’s were usually searches for “3L Epiphany” on Google or Yahoo. I am especially interested if this was a class visitation. Could any one of these readers let me know, what caused you to search for 3L Epiphany?

Whatever your reason, I won't reveal it on this blog without permission. Mostly, I'm just curious. My email address is on the top left corner, or you can leave a comment to this post. Much thanks to anyone who replies.

As an aside, I have a habit of collecting foreign locations of visitors to 3L Epiphany. Examples are here.

September 6, 2006 in Questions | Permalink | Comments (2) | TrackBack

National Law Journal Article on Cases Citing Legal Blogs

My recent post on cases citing legal blogs has led to a National Law Journal article, now available online, entitled Judges Cite More Blogs in Rulings. I have inserted several hyperlinks within the two excerpts below (one of the benefits of blogging):

The ability to burrow deeply into a specialized area of the law with continuous updates has an undeniable appeal to practitioners. This phenomenon was not lost on Ian Best, a 36-year-old law school graduate who began a blog, "3L Epiphany," as an independent study project for academic credit at Ohio State University's Michael E. Moritz College of Law. It is a taxonomy of legal blogs. Best counted them, classified them and tracked their development.

"The most significant development is judges citing blogs
," said Best, who lives in Columbus, Ohio, and is awaiting his bar exam results.

   

Best has found 32 citations of legal blogs in 27 different cases dating back to 2004. Perhaps the most noted was by Justice John Paul Stevens in his dissent in an important sentencing decision, United States v. Booker, 543 U.S. 220 (2005).

   

   

Many judges may remain reticent to cite something as potentially changeable as a blog, which may cease to exist or be taken over by someone new.

Best said those are legitimate concerns.

He pointed to a case that cited a blog for a song parody-but the online reference page no longer exists. 
Suboh v. Borgioli, 298 F. Supp. 2d 192 (D. Mass. 2004).

"One way of solving that is with hard copy publication," he said. "If citation becomes more prevalent there needs to be some hard copy that can be collected and official," he said. Blog authors should also keep a cited post unchanged for future researchers he said.

The article includes quotes from Prof. Doug Berman, Prof. Eugene Volokh, U.S. Court of Appeals Judge Diarmuid O'Scannlain (9th Circuit), and U.S. District Judge Sam Conti (San Francisco).

September 6, 2006 in Blog Articles, Publicity | Permalink | Comments (1) | TrackBack