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February 22, 2006

3L Epiphany: Update to Blog Usurpation

http://3lepiphany.typepad.com/3l_epiphany/2006/02/update_to_blog_.html#comment-14241928

This solution doesn't seem very workable. Once a judge writes an opinion, the court is basically finished with it. Perhaps a clerk will be charged with putting it on the court's  website or forwarding a copy to a publisher (courts have a duty to make their decisions public in some fashion), but that's it. There will be no "updating the case" later if something changes.

 This is another reason we need a publicly-funded legal research database that collects all of our law into one place that is freely-accessible to all. The public servants that maintain the database could easily keep URLs current. In addition, they could archive a copy of any cited material and incorporate that into their database and cite to that. Then there would be no worries of something like "URL usurpation," etc. In our current environment of for-profit legal research, Wexis (the most common source for case law) is not likely to take on this sort of work any time soon b/c it probably won't increase their bottom line.

Posted by mowabb at February 22, 2006 06:56 AM