Wednesday, July 10, 2013
Courts - "SOMETHING ROTTEN IN THE STATE OF LEGAL CITATION: THE LIFE SPAN OF A UNITED STATES SUPREME COURT CITATION CONTAINING AN INTERNET LINK (1996-2010)"
I've seen two links already this morning, David Post at The Volokh Conspiracy, and Michelle Olsen @Appellate Daily, to this article by Raizel Liebler & June Liebert in 15 YALE J.L. & TECH. 273 (2013). From the 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.
Posted by Marcia Oddi on July 10, 2013 09:25 AM
Posted to Courts in general