Difference between revisions of "Hyperlink in Briefs"

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(Created page with "#appellatetwitter: Has any court started requiring hyperlinks to case cites in briefs? Has any lawyer started putting them in voluntarily, just for the reader's convenience? I...")
 
(My Question to AppellateTwitter)
 
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#appellatetwitter: Has any court started requiring hyperlinks to case cites in briefs? Has any lawyer started putting them in voluntarily, just for the reader's convenience? Is this a bad idea?
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10:06 PM · Jan 28, 2021·Twitter Web App
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==Putting Hyperlinks in Brierfs==
View Tweet activity
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Courts should require this. Maybe they should drop the required Table of Authorities.
Eric Rasmusen
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@erasmuse
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== My Question to AppellateTwitter==
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[https://twitter.com/erasmuse/status/1354989310081167362 January 28, 2021 on Twitter]:
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Replying to  
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<blockquote style="color:gray">
@erasmuse
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: #appellatetwitter: Has any court started requiring hyperlinks to case cites in briefs? Has any lawyer started putting them in voluntarily, just for the reader's convenience? Is this a bad idea?
It's interesting that two state courts are ahead of any federal court on this.
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:Eric Rasmusen@erasmuse
Sean Marotta
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<br>
@smmarotta
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:The links wouldn't have to be Westlaw or Lexis. Better would be links to free public websites like Google Scholar or the Cornell site "State Courts - by Jurisdiction Alabama Alaska Arizona Arkansas California" law.cornell.edu.
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:Eric Rasmusen@erasmuse
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Replying to  
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:The New York Appellate Division requires it.  (Or requires the cases to be compiled as an addendum to the brief, but hyperlinks are easier.)
@erasmuse
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:Sean Marotta@smmarotta
The New York Appellate Division requires it.  (Or requires the cases to be compiled as an addendum to the brief, but hyperlinks are easier.)
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<br>
Doug Gladden
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:I used to do it. When our office had Lexis, it was very easy to even include hyperlinks to pin cites. It's harder to do that with Westlaw, but it is possible. I stopped though, because I was told that the Texas Courts system automatically inserts hyperlinks.
@gladden_dallas
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:Doug Gladden@gladden_dallas
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:I should add that, while I've stopped linking case cites, I still try to link to an online version of anything else that I cite. This especially useful for historical statutes that may not be on Westlaw but are available in PDF form from the Texas State Law Library
Replying to
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:Doug Gladden@gladden_dallas
@erasmuse
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<br>
I used to do it. When our office had Lexis, it was very easy to even include hyperlinks to pin cites. It's harder to do that with Westlaw, but it is possible. I stopped though, because I was told that the Texas Courts system automatically inserts hyperlinks.
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:That's a great idea-- much less work than putting in all the case links, but it hits the cites that the clerk would have the hardest time with. A nice example of we economists' idea of "decreasing marginal benefit": start with the work that has the biggest extra benefit.
Eric Rasmusen
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:Eric Rasmusen@erasmuse
@erasmuse
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</blockquote>
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==Comments from Judges==
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I did this for [http://rasmusen.org/published/Rasmusen-2020-InReFlynn-Rasmusen-amicus.pdf my Flynn amicus brief] in 2020 with the DC Circuit.  There is certainly no rule against it, and I thought it would help readers.
@erasmuse
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The links wouldn't have to be Westlaw or Lexis. Better would be links to free public websites like Google Scholar or the Cornell site
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I asked two judges I know, one state, one federal appellate, and both were cool on the idea. The state judge said, too, that he actually likes the Table of Authorities (which I am dubious about) because it gives him a read on what the case is going to be like, rather like  professor who starts by skimming the References section of a paper.
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Latest revision as of 05:15, 11 May 2021

Putting Hyperlinks in Brierfs

Courts should require this. Maybe they should drop the required Table of Authorities.

My Question to AppellateTwitter

January 28, 2021 on Twitter:

#appellatetwitter: Has any court started requiring hyperlinks to case cites in briefs? Has any lawyer started putting them in voluntarily, just for the reader's convenience? Is this a bad idea?
Eric Rasmusen@erasmuse


The links wouldn't have to be Westlaw or Lexis. Better would be links to free public websites like Google Scholar or the Cornell site "State Courts - by Jurisdiction Alabama Alaska Arizona Arkansas California" law.cornell.edu.
Eric Rasmusen@erasmuse


The New York Appellate Division requires it. (Or requires the cases to be compiled as an addendum to the brief, but hyperlinks are easier.)
Sean Marotta@smmarotta


I used to do it. When our office had Lexis, it was very easy to even include hyperlinks to pin cites. It's harder to do that with Westlaw, but it is possible. I stopped though, because I was told that the Texas Courts system automatically inserts hyperlinks.
Doug Gladden@gladden_dallas


I should add that, while I've stopped linking case cites, I still try to link to an online version of anything else that I cite. This especially useful for historical statutes that may not be on Westlaw but are available in PDF form from the Texas State Law Library
Doug Gladden@gladden_dallas


That's a great idea-- much less work than putting in all the case links, but it hits the cites that the clerk would have the hardest time with. A nice example of we economists' idea of "decreasing marginal benefit": start with the work that has the biggest extra benefit.
Eric Rasmusen@erasmuse

Comments from Judges

I did this for my Flynn amicus brief in 2020 with the DC Circuit. There is certainly no rule against it, and I thought it would help readers.

I asked two judges I know, one state, one federal appellate, and both were cool on the idea. The state judge said, too, that he actually likes the Table of Authorities (which I am dubious about) because it gives him a read on what the case is going to be like, rather like professor who starts by skimming the References section of a paper.