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Quote of the Day - A tactical retreat is not a bad response to a surprise assault, you know. First you survive. Then you choose your own ground. Then you counterattack. - Lois McMaster Bujold, A Civil Campaign, 1999

The UCL Practitioner Gets Cited In Supreme Court Brief

The UCL Practitioner just got cited in a petition for review here.

A number of bloggers are excited about the development, and we've exchanged emails about it. Here are their thoughts:

According to Denise Howell, "The petitioners make the point that the issue is receiving widespread attention and analysis (i.e., that it's important, controversial, and potentially subject to conflicting interpretation). That's a dandy point to make in support of a petition for review. I suppose bloggers are doing this kind of favor (aggregating potentially relevant materials) for brief drafters all the time, if only they are savvy enough to recognize it." Cites to blogs, though, are not new.

The SoCalLawBlog offered up its congratulations to the UCL Practitioner and pointed out the 2003 Daily Journal article discussing the prior Ninth Circuit brief mentioning blogs and the California recall effort.

We've all read that blogs have stepped into the mainstream, and that in limited instances, they've stepped into the legal books. Now, they're showing up in appellate briefs.

What's next? Will lawyers have to check blogs before making arguments in court?

Posted by J. Craig Williams on 12/13/2004 at 15:41 Comments (1)



Comments by David Giacalone from United States on Monday, December 13, 2004 at 21:00

I wonder if folks were making such a big deal out of citations to printed books circa 1455, right after Mr. Gutenburg started using his movable type. Weblogs are a medium of stored information. What's the big deal about them being cited in a brief? (can someone stop a lawyer from citing to any particular source in a brief?)
Be that as it may, you might want to check the post An Obligation to Use Computer Research? from ethicalEsq in July 2003.


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