Law X.0

The Blogosphere Grows to 50 Million

At Sifrey’s Alerts, there is a new State of the Blogosphere. (I wrote about the previous one from February here.) Some quick but amazing excerpts:

• “On July 31, 2006, Technorati tracked its 50 millionth blog.”
• The blogosphere “is over 100 times bigger than it was just 3 years ago.”
• “Today, the blogosphere is doubling in size every 200 days, or about once every 6 and a half months.”
• “[O]n average, there are more than 2 blogs created each second of each day.”
• There are “about 1.6 Million postings [on blogs] per day, or about 18.6 posts per second.”

The report is well worth reading in its entirety. (Hat tip: Bag and Baggage.)

Cases Citing Legal Blogs - Updated List

This is a collection of court cases that cite legal blogs. It is an update to this previous list, which included quotations from the cases. Since April 15, 2006, when that list was first posted, there have been 6 additional court cases citing legal blogs. Those are named and quoted in these two posts. At the time of this current post (August 6, 2006), there are 32 citations of legal blogs from 27 different cases, with 8 legal blogs being cited.

      

Crime and Federalism – 1 citation

1. Priester v. Rich, 2006 U.S. Dist. LEXIS 36831, *11 n4 (D. Ga. 2006) – citation to commentary on blog

De Novo - 1 citation

1. United States v. Scott, 450 F.3d 863, 894 n5 (9th Cir. 2006) – citation to commentary on blog

How Appealing – 1 citation

1. Kennedy v. Lockyer, 379 F.3d 1041, 1065 (9th Cir. 2004) – citation to interview on blog

Legal Theory Blog – 1 citation

1. Brasher’s Cascade Auto Auction v. Valley Auto Sales & Leasing, 119 Cal. App. 4th 1038, 1057 (Cal. Ct. App. 2004) – citation to lexicon on blog

Patently-O – 1 citation

1. Collaboration Props. v. Tandberg ASA, 2006 U.S. Dist. LEXIS 43930, *11 (D. Cal. 2006) – citation to document on blog

Sentencing Law and Policy – 24 citations in 19 cases

1. United States v. Booker, 543 U.S. 220, 278 (2005) (Stevens, J., dissenting) – citation to document on blog
2. United States v. Penaranda, 375 F.3d 238, 247 (2d Cir. 2004) – citation to blog generally 
3. United States v. Ameline, 376 F.3d 967, 978 (9th Cir. 2004); Ameline, 376 F.3d at 986 (Gould, J., dissenting) – 2 citations by majority to articles on blog, 1 citation by dissent to blog generally
4. United States v. Cage, 451 F.3d 585, *26 n5 (10th Cir. 2006) – citation to commentary on blog
5. United States v. Rodriguez, 406 F.3d 1261, 1284 (11th Cir. 2005) (Tjoflat, J., dissenting) – citation to commentary on blog
6. United States v. Levy, 391 F.3d 1327, 1341 (11th Cir. 2004) (Tjoflat, J., dissenting) – citation to commentary on blog
7. United States v. Valencia-Aguirre, 409 F. Supp. 2d 1358, 1379 (D. Fla. 2006) – 1 citation to blog generally, 1 citation to commentary on blog
8. United States v. Kandirakis, 2006 U.S. Dist. LEXIS 53243, *3 n4 (D. Mass. 2006); Kandirakis, *44 n36 – 1 citation to document on blog, 1 citation to blog generally (but referring to analysis)
9. United States v. Bailey, 369 F. Supp. 2d 1090, 1092 (D. Neb. 2005) – citation to commentary on blog
10. United States v. Khan, 325 F. Supp. 2d 218, 223 (D. N.Y. 2004) – citation to blog generally
11. United States v. Onunwor, Order NO. 1:04-CR-211 (N.D. Ohio Aug. 19, 2004) – citation to court order quoted on blog
12. United States v. Phelps, 366 F. Supp. 2d 580, 584 (D. Tenn. 2005) – citation to document on blog
13. United States v. Croxford, 324 F. Supp. 2d 1255, 1261 (D. Utah 2004) – citation to article on blog 
14. United States v. Wilson (Feb. 2, 2005), 355 F. Supp. 2d 1269, 1271, 1286 (D. Utah 2005) – 1 citation to document on blog, 1 citation to commentary on blog
15. United States v. Wilson (Jan. 12, 2005), 350 F. Supp. 2d 910, 922 (D. Utah 2005) – citation to commentary on blog
16. United States v. Johnson, 333 F. Supp. 2d 573, 577 (D. W. Va. 2004) – citation to commentary on blog
17. United States v. Greer, 375 F. Supp. 2d 790, 795 (D. Wis. 2005) – citation to announcement on blog
18. Smylie v. State, 823 N.E.2d 679, 687 (Ind. 2005) – citation to commentary on blog
19. State v. Foster, 2006 Ohio 856, P8 (Ohio 2006) – citation to blog generally 

The UCL Practitioner – 1 citation

1. Tsukroff v. Hedgeside Property & Inv. Co., California Superior Court, Napa County, case no. 26-25117 (order dated 01/19/05) (unpublished) – citation to collection of court orders and appellate briefs on blog

The Volokh Conspiracy – 2 citations

1. Harper v. Poway Unified Sch. Dist., 2006 U.S. App. LEXIS 19164, *6 (9th Cir. 2006) (O’Scannlain, J., dissenting) – citation to commentary on blog
2. Suboh v. Borgioli, 298 F. Supp. 2d 192, 194 (D. Mass. 2004) – citation to song parody on blog

   

* Note: The original list named the Ameline case twice, because it cites Sentencing Law and Policy in the majority and the dissent. Ameline is now listed once instead of twice. The original list also included the case of Batzel v. Smith, 351 F.3d 904, 906 (9th Cir. 2003). Batzel is not included in this updated list because it merely names examples of "popular and respected legal blogs" without citing any one as an authority. Those blogs are How Appealing (new URL), SCOTUSBlog, The Volokh Conspiracy, and Lessig Blog.

And Two More Cases...

In addition to the four cases here, there are two more cases citing legal blogs. They are:

1. Collaboration Props. v. Tandberg ASA, 2006 U.S. Dist. LEXIS 43930, *11 (D. Cal. 2006)

“A proposed amendment to the Patent Reform Act of 2005, which is currently pending before Congress in its original form, would eliminate venue based solely on the availability of personal jurisdiction. See Amendment in the Nature of a Substitute to H.R. 2795 (Patent Reform Act of 2005), available at http://patentlaw.typepad.com/patent/2005/08/patent_reform_a.html.”

2. Priester v. Rich, 2006 U.S. Dist. LEXIS 36831, *11 n4 (D. Ga. 2006)

“A commentator argues:

First, it imposes a de facto 5-day statute of limitations on prisoner civil rights claims, even though under 42 U.S.C. Section 1988, the statute of limitations for civil rights actions is supposed to mirror the state's general personal injury statute of limitations. In Georgia, the relevant statute of limitations should have been two years. Under the Eleventh Circuit's reading of thePLRA, the statute of limitations for prison civil rights suit is 5 days. This disparate treatment of regular civil rights suits vs. prisoner civil rights suit is intolerable, and it is not required or even suggested by the PLRA's text, history, or structure.

Second, the Eleventh Circuit's reading of the PLRA allows potentially different limitations periods in every prison. Federal law, to the extent possible, should be uniform. By allowing each prison to set a different exhaustion deadline, there could potentially be as much disconformity as there are prisons.

http://federalism.typepad.com/crime_federalism/woodford_v_ngo/
index.html (site as of 4/3/06).”