Bench & Bar

JUL 2018

The Bench & Bar magazine is published to provide members of the KBA with information that will increase their knowledge of the law, improve the practice of law, and assist in improving the quality of legal services for the citizenry.

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Page 21 of 71

Something's Still Rotting in the Commonwealth Internet Citations in Appellate Court Opinions: By: Michael Whiteman 1 and Jennifer Frazier B y 2012, Kentucky Courts had embraced the Internet for research as well as for citation in their published opinions. At that time, the authors conducted a survey of Kentucky's appellate courts and their Internet citation practices. e results of that survey revealed that the problem of link rot 2 was alive and well in the opinions of the Kentucky appellate courts. 3 e 2012 article discussed the problems inherent with link rot, and proposed a solution to the issue, based on guidelines from the Judicial Conference of the United States. 4 In the current article the authors have updated their study of Internet citations by Kentucky's appellate courts and found that the problem of link rot is alive and well. In light of the continued problem, the authors offer additional proposals for how the courts might address this problem with the continued goal of preserving information for the future generations of Kentucky lawyers. At the time of the last study, the Kentucky appellate courts had cited to the Internet a total of 123 times in 93 cases. e previous study covered the years 2000-2011 (May). At that time, only 52.8 percent (or 65) of those links were still active and brought the researcher to the cited websites, leaving 47.2 percent (or 58) of the URLs as dead links. e current study looked at appellate court opinions from June 2011 through July 2017. Surprisingly the results remained fairly consistent with the previous study. | JULY/AUGUST 2018 20 Features: POTPOURRI

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