Abstract

http://ssrn.com/abstract=2188070
 


 



Something Rotten in the State of Legal Citation: The Life Span of a United States Supreme Court Citation Containing an Internet Link (1996-2010)


Raizel Liebler


John Marshall Law School -- Chicago

June Liebert


The John Marshall Law School

November 1, 2012

15 Yale Journal of Law & Technology, Spring 2013, Forthcoming

Abstract:     
Citations are the cornerstone upon which judicial opinions and law review articles stand. Within this context, citations provide for both authorial verification of the original source material at the moment they are used and the needed information for later readers to find the cited source. The ability to check citations and verify that citations to the original sources are accurate is integral to ensuring accurate characterizations of sources and determining where a researcher received information. However, accurate citations do not always mean that a future researcher will be able to find the exact same information as the original researcher. Citations to disappearing websites cause serious problems for future legal researchers.

Our present mode of citing websites in judicial cases, including within U.S. Supreme Court cases, allows such citations to disappear, becoming inaccessible to future scholars. Without significant change, the information in citations within judicial opinions will be known solely from those citations. Citations to the U.S. Supreme Court are especially important of the Court’s position at the top of federal court hierarchy, determining the law of the land, and even influencing the law in international jurisdictions.

Unfortunately and disturbingly, the Supreme Court appears to have a vast problem with link rot, the condition of internet links no longer working. We found that number of websites that are no longer working cited to by Supreme Court opinions is alarmingly high, almost one-third (29%). Our research in Supreme Court cases also found that the rate of disappearance is not affected by the type of online document (pdf, html, etc) or the sources of links (government or non-government) in terms of what links are now dead. We cannot predict what links will rot, even within Supreme Court cases.

We suggest several potential solutions, including more expansive use of the Internet Archive.

Keywords: citations, Supreme Court, websites, link rot

Accepted Paper Series





Not Available For Download

Date posted: December 12, 2012 ; Last revised: January 3, 2013

Suggested Citation

Liebler, Raizel and Liebert, June, Something Rotten in the State of Legal Citation: The Life Span of a United States Supreme Court Citation Containing an Internet Link (1996-2010) (November 1, 2012). 15 Yale Journal of Law & Technology, Spring 2013, Forthcoming. Available at SSRN: http://ssrn.com/abstract=2188070

Contact Information

Raizel Liebler (Contact Author)
John Marshall Law School -- Chicago ( email )
315 South Plymouth Court
Chicago, IL 60604
United States
June Liebert
The John Marshall Law School ( email )
315 South Plymouth Court
Chicago, IL 60604
United States
312-987-2361 (Phone)
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