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July 9, 2012

Some notable recent commentary on judging and modern technology

The intersection of old-world judicial decision-making and new-world electronic technolgies has always been of interest to me as a blogger and a lawyer and a law professor.  Thus, I found these two new pieces in some older media (found via the godfather of legal blogs, How Appealing) especially notable:

Regular readers may not be surprised to hear that my biggest concern with these articles is that they are too much concerned with Supreme Court decision-making and not enough concerned with decision-making by state and lower federal courts.  When and how a state intermediate appeals judge or a federal district judges is engaging with Google and the blogosphere may be of even bigger concern than when SCOTUS Justices are doing this stuff because these other judges (a) rarely get the benefits of amicus briefs, (b) rarely write lengthy opinion which will repeatedly "fact-checked" while in production and thereafter, and (c) rarely have vocal dissenting colleagues who will highlight any questionable facts or factors relied upon in a ruling.  In other words, whether the concern is due process for the litigants, accuracy in decision-making, or transparency in the judicial branch, I think Google and the blogosphere are even bigger concerns for the work of judges more than for Justices.

July 9, 2012 at 04:17 AM | Permalink


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The marriage of the new and the old is always a complex transition. And I realize the validity of your concerns. This is a thought-provoking article. Thanks for sharing.

Posted by: Anne Roberts | Jul 9, 2012 4:42:48 PM

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