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Judges reading legal blogs

From Steve Bainbridge, I picked up on discussion between he and Howard Bashman on judges reading legal blogs.

Howard asks:

What should judges do if, while visiting the legal blogosphere, they encounter discussions about how pending cases ought to be decided?

And concludes:

… if the blog post is publicly available to anyone with Internet access, and if the blogger has not taken any steps other than publishing the post to draw it to the attention of the judges before whom a case is pending, then those judges are free to consider and rely on that information if they find it to be helpful.

I agree with Steve that this is a non issue.

Judges read law review articles and treatises all the time, as Bashman himself acknowledges. There’s no reason for blawg posts of the type he describes to be treated any differently than law reviews or treatises.

Not sure why we’re so afraid to accept blogs for what they can be. Well reasoned analysis of legal issues from some of the more knowledgeable people around. I’d be scared if judges were not reading some of them.

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