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.
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Posted by: mark given | Sep 14, 2006 4:32:17 PM
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