The Citation of Blogs in Judicial Opinions

42 Pages Posted: 28 Oct 2009 Last revised: 17 Apr 2011

Lee F. Peoples

Oklahoma City University

Date Written: October 27, 2009

Abstract

This article reports the results of an exhaustive study examining the citation of blogs in judicial opinions. The article begins with an exploration of opinions citing blogs for their discussion of substantive legal issues. The unique status enjoyed by several boutique blogs is examined including the importance of Douglas Berman’s Sentencing Law and Policy blog in the wake of the Supreme Court’s Blakely and Booker decisions. The citation of blogs for factual information is discussed and the impact of these citations on litigants’ constitutional and procedural rights, the law of evidence, judicial ethics, and the judicial role in the common law adversarial system are explored.

Serious questions about the preservation of blogs cited in judicial opinions have yet to be answered. The way that blogs are cited in judicial opinions varies widely. Some judges do not provide enough information to accurately retrieve the blog post viewed by the court. Blog entries frequently change after they are posted. Some blog posts and entire blogs disappear without warning. There is currently no uniform approach to archiving or preserving blogs. Detailed statistics on the completeness and accuracy of citations to blogs in judicial opinions are provided. A set of best practices detailing when and how blogs should be cited is proposed. Rules on citing blogs in the recently released nineteenth edition of The Bluebook are examined. The Judicial Conference’s Guidelines on Citing To, Capturing, and Maintaining Internet Resources in Judicial Opinions are discussed and critiqued.

Keywords: blog, blogs, blawgs, citaiton studies, legal ressearch, legal authority, precedent, judges

Suggested Citation

Peoples, Lee F., The Citation of Blogs in Judicial Opinions (October 27, 2009). Tulane Journal of Technology & Intellectual Property, Vol. 13, 2010. Available at SSRN: https://ssrn.com/abstract=1495181

Lee F. Peoples (Contact Author)

Oklahoma City University ( email )

800 North Harvey Avenue
Oklahoma City, OK 73102
United States
405-208-6030 (Phone)

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