A Big Keycite Ooops!

Imagine telling the world that a United States Supreme Court opinion is still good law, even though it had been explicitly overturned three weeks ago? Well, West apparently was doing just that with regard to the case Michigan v. Jackson, 475 U.S. 625, which was overruled by Montejo v. Louisiana.

The misreporting continued until late Friday, but appears to have since been corrected. Lexis/Nexis reported the correct posture from the start.

Interesting blunder, but not an impossible one. After all, this work of updating cases is done by humans. In some ways, it is no different than the partner who relies on the associate’s “shepardizing”, only to find the associate has missed some key treatment in a case.

So, what do you do in court when you mistakenly rely on authority that is no longer good law? Explain that you relied on West – one of the largest legal publishers in the world, which by all rights should be a legally reasonable thing to do.

Hat tip to Legal Writing Prof Blog

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Don’t Mess With Texas, When It Comes to Memorandum Opinions Anyway

It seems Texans are of the “opinion” that one should leave no stone or judicial opinion unturned, even if the opinion is only accessible though Westlaw or Lexis. Erika Wayne at Legal Research Plus tipped me off to a recent change to the Texas Rule of Appellate Procedure 47 that discusses the use of unpublished and memorandum judicial opinions. Apparently, in 2003, the Texas legislature barred the use of unpublished legal opinions in civil cases, but authorized the use of memorandum opinions in their place. In 2008, the Legislature took matters one step further by giving the memorandum opinions issued since 2003 full precedential value.
So, what’s the problem you ask? Well, these fully binding, precedential memorandum opinions are only accessible by Westlaw or Lexis. Cha-ching!
Hey, Texas! What’s up with this move to lock the law behind a very expensive toll booth? If the Texas legislature insists that memorandum opinions are binding, then the Texas legislature better figure out a way to open access to them. In an age when information is moving steadily towards free and open source, this short-sighted procedural move seems more than a little backward. I suppose the next move is to require lawyers to ride to court on buckboard.

[Caption]

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Don't Mess With Texas, When It Comes to Memorandum Opinions Anyway

It seems Texans are of the “opinion” that one should leave no stone or judicial opinion unturned, even if the opinion is only accessible though Westlaw or Lexis. Erika Wayne at Legal Research Plus tipped me off to a recent change to the Texas Rule of Appellate Procedure 47 that discusses the use of unpublished and memorandum judicial opinions. Apparently, in 2003, the Texas legislature barred the use of unpublished legal opinions in civil cases, but authorized the use of memorandum opinions in their place. In 2008, the Legislature took matters one step further by giving the memorandum opinions issued since 2003 full precedential value.
So, what’s the problem you ask? Well, these fully binding, precedential memorandum opinions are only accessible by Westlaw or Lexis. Cha-ching!
Hey, Texas! What’s up with this move to lock the law behind a very expensive toll booth? If the Texas legislature insists that memorandum opinions are binding, then the Texas legislature better figure out a way to open access to them. In an age when information is moving steadily towards free and open source, this short-sighted procedural move seems more than a little backward. I suppose the next move is to require lawyers to ride to court on buckboard.

[Caption]

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There’s A New Blawg in Town … From The Wild West

West has announced a new legal blog, Legal Currents, promising material on legal- and technology-related topics from around the globe. The subject matter will include technology, innovation, content and trends shaping the legal industry worldwide, with authors from inside and outside West. The site contains CLE videos and podcasts, West’s famous “Headnote of the Day” and other bits and pieces. Congrats West on your new blawg branding!

Reblog this post [with Zemanta]

There's A New Blawg in Town … From The Wild West

West has announced a new legal blog, Legal Currents, promising material on legal- and technology-related topics from around the globe. The subject matter will include technology, innovation, content and trends shaping the legal industry worldwide, with authors from inside and outside West. The site contains CLE videos and podcasts, West’s famous “Headnote of the Day” and other bits and pieces. Congrats West on your new blawg branding!

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“We Want To Spread The Knowledge For Free Over The Internet”

Have you heard of PreCYdent? If you are a legal researcher and you haven’t, you should take notice. Heck, if you are one of the big Two, you know – Westlaw and Lexus, you probably should take notice too. This Web-based legal research site promises a more internet-like search interface and legal authority for FREE – my favorite word. The site is supported by advertising. It was formed in April, 2006 by Tom Smith in San Diego and Antonio Tomarchio in Milan, Italy. PreCYdent utilizes the same search technology as the major Web search engines. At this time, the database includes U.S. Supreme Court and the U.S. Court of Appeals cases from 12 states, with all 50 states to follow within the next few months. It even includes a citator service. PreCYdent also offers the Web 2.0 experience of an on-line community where people can share knowledge, experience and assistance. I find the ability to “rate” cases intriguing.

Check out an advertisement / tutorial prepared by Mr. Tomarchio on YouTube:

I learned from the clip that I can install a widget on my website that will point to a PreCYdent search. I think I will add one. Stay tuned to http://advantageadvocates.com for your chance to try PreCydent.

For more, visit http://advantageadvocates.com

"We Want To Spread The Knowledge For Free Over The Internet"

Have you heard of PreCYdent? If you are a legal researcher and you haven’t, you should take notice. Heck, if you are one of the big Two, you know – Westlaw and Lexus, you probably should take notice too. This Web-based legal research site promises a more internet-like search interface and legal authority for FREE – my favorite word. The site is supported by advertising. It was formed in April, 2006 by Tom Smith in San Diego and Antonio Tomarchio in Milan, Italy. PreCYdent utilizes the same search technology as the major Web search engines. At this time, the database includes U.S. Supreme Court and the U.S. Court of Appeals cases from 12 states, with all 50 states to follow within the next few months. It even includes a citator service. PreCYdent also offers the Web 2.0 experience of an on-line community where people can share knowledge, experience and assistance. I find the ability to “rate” cases intriguing.

Check out an advertisement / tutorial prepared by Mr. Tomarchio on YouTube:

I learned from the clip that I can install a widget on my website that will point to a PreCYdent search. I think I will add one. Stay tuned to http://advantageadvocates.com for your chance to try PreCydent.

For more, visit http://advantageadvocates.com