Law X.0

Blogs and Legal Scholarship

From UCLA law prof, blogger and wine expert, Stephen Bainbridge, we have the following quote on blogs and legal scholarship:

Associate Professor, Department of Law, Zicklin School of Business, Baruch College, City University of New York. The author is particularly indebted to the weblogs (usually called “blogs,” sometimes, “blawgs”) of Professor D. Gordon Smith (www.theconglomerate.org – Smith now shares his blog with others, but his comments on the business judgment rule discussed here was made when he was blogging alone at www.venturpreneur.com) and Professor Stephen Bainbridge (www.professorbainbridge.com). Their lively, but always scholarly, exchange on the issue of good faith gave rise to many of the ideas in this article. These and other blogs by legal scholars are among the best examples of innovative uses of the internet in what appears to be the dawning of a new era in legal “publishing.” The importance (and credibility) of law blogs was confirmed when the Supreme Court of the United States cited its first blog in January, 2005. See United States v. Booker, 125 S. Ct. 738, 775 n.4 (2005). This article will make citations to law blogs as with any other legal source. The reader will be left to his own devices to determine the value as authority of such sources.

Source: David Rosenberg, Galactic Stupidity and the Business Judgment Rule.

Hat tip to Ian Best. [JH]

Law Review Articles Citing Legal Blogs

This is a new collection of law review articles which cite legal blogs. It is an update to the collection posted four months ago (April 19th), and includes both recently published articles and ones which were previously overlooked. Unlike the earlier collection, this updated version does not include articles from state or local bar journals. Law review articles which merely list legal blogs are also omitted. 

      

There are 489 article citations of legal blogs in this collection, with 75 legal blogs being cited. Several law review articles are listed more than once.

      

The collection is available for downloading here:

• Updated Collection of Law Review Articles Citing Legal Blogs

      

The legal blogs with the most citations are:

1. Sentencing Law and Policy (78)
2. The Volokh Conspiracy (62)
3. Balkinization (32)
4. SCOTUS Blog (32)
5. How Appealing (30)
6. Legal Theory Blog (30)
7. Lessig Blog (21)
8. Patently-O: Patent Law Blog (17)
9. ProfessorBainbridge.com (16)
10. The Becker-Posner Blog (12)
11. Leiter Reports (10)
12. White Collar Crime Prof Blog (10)

      

The legal blogs with the greatest overall increase in citations are:

1. The Volokh Conspiracy (+ 21)
2. Balkinization (+ 18)
3. Sentencing Law and Policy (+ 18)
4. Patently-O: Patent Law Blog (+ 13)
5. SCOTUS Blog (+ 13)
6. How Appealing (+ 11)

      

The 75 blogs included in this collection are listed below, with the number of citations for each blog in parentheses:

1. Althouse (6)
2. Appellate Law and Practice (2)
3. Bag and Baggage (3)
4. Balkinization (32)
5. The Becker-Posner Blog (12)
6. Beyond Structured Settlements (1)
7. Blakely Blog (inactive) (2)
8. Capital Defense Weekly (5)
9. Concurring Opinions (5)
10. The Confrontation Blog (9)
11. Conglomerate (8)
12. CONSEJO (inactive) (1)
13. ContractsProf Blog (2)
14. Corpreform.com (1)
15. Daily Developments in EEO Law (1)
16. Disability Law (1)
17. Discourse.net (5)
18. Dubitante (inactive) (1)
19. Elder Law Prof Blog (1)
20. Electronic Discovery and Evidence (1)
21. Eminent Domain Watch (2)
22. Equal Vote (4)
23. ER Law & News (inactive) (1)
24. EU Law Blog (1)
25. Ex Parte (1)
26. How Appealing (30)
27. Ideoblog (4)
28. Instapundit (8)
29. Intel Dump (1)
30. I/P Updates (1)
31. IPKat (1)
32. Is That Legal? (3)
33. The JAG Hunter (inactive) (1)
34. Jottings by an Employer’s Lawyer  (1)
35. Legal Profession in Poland (inactive) (1)
36. Legal Theory Blog (30)
37. Leiter Reports (10)
38. Lessig Blog (21)
39. Mauled Again (1)
40. Ms. Morality (inactive) (1)
41. Navigating the Patent Maze (4)
42. New York Civil Law (1)
43. Ninomania (1)
44. Ninth Circuit Blog (3)
45. Nomination Nation (inactive) (1)
46. Opinio Juris (5)
47. Patently-O: Patent Law Blog (17)
48. The Patry Copyright Blog (2)
49. PrawfsBlawg (4)
50. ProfessorBainbridge.com (16)
51. The Project on Government Oversight (POGO) Blog (1)
52. Religion Clause (1)
53. (The Return of) Ignatz (inactive) (2)
54. The Right Coast (2)
55. RiskProf (1)
56. SCOTUSBlog (32)
57. Scrivener’s Error (1)
58. Sentencing Law and Policy (78)
59. Southern District of Florida Blog (1)
60. Sports and the Law Report (inactive) (1)
61. Start Making Sense (1)
62. Statutory Construction Zone (inactive) (1)
63. Tax & Business Law Commentary (1)
64. A Taxing Blog (inactive) (1)
65. TaxProf Blog (5)
66. Texas Law Blog (inactive) (1)
67. The TTABlog (2)
68. The UCL Practitioner (2)
69. Underneath Their Robes (2)
70. The University of Chicago Law School Faculty Blog (2)
71. The Volokh Conspiracy (62)
72. White Collar Crime Prof Blog (10)
73. Workplace Prof Blog (1)
74. The Yin Blog (1)
75. 3L Epiphany (2) 

A Collection of Law Review Articles Citing Legal Blogs

[Update: This post has now been revised and updated here.]

    

I am posting below a 27-page collection of law review articles which cite legal blogs. There are 70 legal blogs cited in this collection. I also included articles from state bar journals. The articles within the collection are organized according to the blog cited.

    

Besides being of general interest to readers, my hope is that this collection will be especially useful to the participants at the Harvard Law School “Bloggership” symposium on April 28 (details here), which I will be attending.

    

Not every blog in this collection has been included in my Taxonomy of Legal Blogs. For the purposes of my taxonomy I omitted blogs that were focused primarily on non-legal disciplines or topics. However, such blogs were included in this collection if they were cited in legal articles.

    

Readers who are aware of additional law review articles that are missing from this collection, or who wish to suggest other changes or corrections, may comment to this post. Because it is the end of the semester I will not be making revisions to this collection until after exams are over. For this reason I ask that any corrections or additions be posted here publicly for the benefit of other readers.

    

Here is the document:

• Word: A Collection of Law Review Articles Citing Legal Blogs
• PDF: A Collection of Law Review Articles Citing Legal Blogs

[Update: I would like to thank Howard Bashman for converting the original Word document into a pdf version.]

    

The blogs included in this collection are listed below, with the number of citations for each blog in parentheses. The blogs with the most citations are Sentencing Law and Policy (60), The Volokh Conspiracy (41), Legal Theory Blog (24), How Appealing (19), SCOTUS Blog (19), Lessig Blog (17), Balkinization (14), and ProfessorBainbridge.com (11).   

1. Althouse (1)
2. Bag and Baggage (5)
3. Balkinization (14)
4. The Becker-Posner Blog (6)
5. Blakely Blog (inactive) (2)
6. The Common Scold (1)
7. The Confrontation Blog (8)
8. CONSEJO (inactive) (1)
9. ContractsProf Blog (2)
10. Crime and Federalism (1)
11. Customs Law (1)
12. Death and Taxes – The Blog (1)
13. Discourse.net (1)
14. Elder Law Prof Blog (1)
15. Electronic Court Records (inactive) (1)
16. Electronic Discovery and Evidence (1)
17. Eminent Domain Watch (2)
18. Equal Vote (2)
19. ER Law & News (inactive) (1)
20. Ernie the Attorney (1)
21. Ex Parte (1)
22. excited utterances (2)
23. How Appealing (19)
24. Ideoblog (4)
25. Instapundit (9)
26. Intel Dump (1)
27. I/P Updates (1)
28. IPKat (1)
29. Is That Legal? (3)
30. Jim Calloway’s Law Practice Tips (1)
31. Jottings by an Employer’s Lawyer (2)
32. Law Department Management (1)
33. Legal Blog Watch (1)
34. Legal Theory Blog (24)
35. Leiter Reports (6)
36. Lessig Blog (17)
37. Mauled Again (1)
38. Ms. Morality (inactive) (1)
39. Navigating the Patent Maze (4)
40. New York Civil Law (1)
41. Ninomania (1)
42. Ninth Circuit Blog (2)
43. Nomination Nation (inactive) (1)
44. the [non]billable hour (1)
45. Opinio Juris (2)
46. OrCon Law (1)
47. Patently-O: Patent Law Blog (4)
48. The Patry Copyright Blog (1)
49. PrawfsBlawg (2)
50. ProfessorBainbridge.com (11)
51. Religion Clause (1)
52. (The Return of) Ignatz (inactive) (1)
53. RiskProf (1)
54. SCOTUSBlog (19)
55. Scrivener’s Error (1)
56. Sentencing Law and Policy (60)
57. Southern District of Florida Blog (1)
58. Sports and the Law Report (inactive) (1)
59. Statutory Construction Zone (inactive) (1)
60. Supreme Court Blog (inactive) (1)
61. Tax & Business Law Commentary (1)
62. TaxProf Blog (2)
63. Texas Law Blog (inactive) (1)
64. Trial Ad Notes (1)
65. The TTABlog (1)
66. Underneath Their Robes (1)
67. Utah District Court CMECF Updates (1)
68. The Volokh Conspiracy (41)
69. White Collar Crime Prof Blog (5)
70. Wills, Trusts & Estates Prof Blog (1)