Supreme Court Justices and Internet Legal Research
s-gerber at onu.edu
Wed Apr 20 07:16:12 PDT 2005
Justice Kennedy should be commended, rather than criticized, for doing
his own legal research. I wish more judges did their own research.
(I'm not saying a judge shouldn't read lawyers' briefs or law clerks'
memos, but at the end of the day it is the judge's decision that
Ohio Northern University
James Maule wrote:
>Tom Delay's criticism yesterday of Justice Kennedy for doing his own
>research and using the internet to do legal research left me with two
>questions that I asked in <a href=
>post on this morning's MauledAgain blog.</a>
>DeLay said, "We've got Justice Kennedy writing decisions based upon
>international law, not the Constitution of the United States? That's
>just outrageous. And not only that, but he said in session that he does
>his own research on the Internet? That is just incredibly outrageous."
>Quoting my blog: "Although the issue of whether international law
>should inform Supreme Court decisions is a real one with respect to
>which there are conflicting views, it startled me that someone would
>think it "incredibly outrageous" that a Supreme Court justice would do
>research and would use the Internet to do so.* * * * *"
>My questions, asked in my blog post:
>Is it unconstitutional or illegal for a Supreme Court justice to do his
>or her own research?
>Is it unconstitutional or illegal to use the Internet for legal
>[Of course I ask the second question sarcastically, and it comes across
>better in the context of my blog post. Seriously, is there some sort of
>taboo on Supreme Court justices doing their own research? Am I missing
>something here or has DeLay somehow bounced into a strange corner of the
>Professor of Law, Villanova University School of Law
>Villanova PA 19085
>maule at law.villanova.edu
>President, TaxJEM Inc (computer assisted tax law instruction)
>Publisher, JEMBook Publishing Co. (www.jembook.com)
>Maule Family Archivist & Genealogist (www.maulefamily.com)
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Ohio Northern University
Ada, OH 45810
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