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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23 BENCH & BAR | e solutions that have been implemented at the federal and state level provide some framework for how Kentucky can address this issue. Perhaps the simplest solution would be to adopt the model. offers a free solution that is backed by the Harvard Law Library and many of the other law libraries throughout the nation. Whatever solution is selected, the problem of link rot is not going away, and something should be done to address it, as citations to Internet sources continues within Kentucky's appellate opinions. e authors ended their previous piece with the following warning: "If something is not done to preserve the information cited by judges, the current system will, as one commentator has cautioned, do "a disservice to clients, and posterity, to create a body of prece- dent written on the wind." 14 e wind is still blowing! ABOUT THE AUTHORS JENNIFER FRAZIER is the State Law Librarian for the Commonwealth. She serves as the administrative head of the library and conducts legal research for the Judicial Branch elected officials. She has been a guest speaker at several conferences including the Equal Justice Conference, National Legal Aid and Defenders Association, Kentucky Library Association Annual Meeting and was featured in an episode of the NBC series Who Do You ink You Are? Frazier received her B.A. in history from Northern Kentucky Uni- versity; J.D. from the Brandies School of Law at the University of Louisville and Masters in Library and Information Science from the University of Kentucky. She is a member of the Kentucky Bar Association, American Association of Law Librarians, Kentucky Library Association, and the Southeastern Chapter of the American Association of Law Librarians. She lives in Lawrenceburg with her husband and two wonderful children. Total URL citations in 113 cases 184 Links Good 65.2% Links Bad 34.8% Total Cases 113 Citations in KY. S.Ct. Opinions 120 Citations in KY. Ct. App. Opinions 64 DEAN MICHAEL WHITEMAN is the Interim Dean at the NKU Chase Col- lege of Law. His responsibilities include overall planning and operations of the College of Law. He teaches basic and advanced legal research, as well as crim- inal law. Dean Whiteman's research interests include the impact of technol- ogy on the practice of law. His most recent publications include: Appellate Jurisprudence in the Internet Age, 14 Nw. J. Tech. & Intell. Prop. 255 (2017). Dean Whiteman received his B.A. from Concordia University in Montreal, Canada, his Juris Doctorate from the University of Louisville, and his Master of Science in Library and Information Science from Simmons College. He is a member of the Massa- chusetts Bar. ENDNOTES 1. Michael Whiteman would like to thank his research assistant, NKU Chase stu- dent Justin Wayne, for his assistance in compiling the statistics for this article. 2. "Link rot" is the term used to describe the effect of a Uniform Resource Loca- tor (URL), sometimes referred to as the "web address" of an internet site, that no longer works. 3. Jennifer Frazier and Michael Whiteman, Internet Citations in Appellate Court Opinions: Somethings Rotting in the Commonwealth, Ky. Bench & Bar 2 ( January 2012). 4. e authors note with irony, that the link to these guidelines from the 2012 article no longer leads the researcher to a functioning web site. 5. Jennifer Frazier and Michael Whiteman, Internet Citations in Appellate Court Opinions: Somethings Rotting in the Commonwealth, Ky. Bench & Bar 2 ( January 2012). 6. A simple Google search for the N.Y. County Lawyers Association web site, easily led to a working link for the Formal Opinion. 7. Coleen M. Barger, On the Internet, Nobody Knows You're a Judge: Appellate Courts' Use of Internet Materials, 4 J. App. Prac. & Process 417, 429-30, n.34 (2002). 8. Jennifer Frazier and Michael Whiteman, Internet Citations in Appellate Court Opinions: Somethings Rotting in the Commonwealth, Ky. Bench & Bar 2, 3 ( Jan- uary 2012). 9. Gretchen Van Dam, Federal Court Libraries Preserving Internet Citations in Opinions, CALL Bulletin (Spring 2016), available at http://bulletin.chicagolawlib. org/2016/05/federal-court-libraries-preserving-internet-citations-in-opinions/ 10. Id. 11. When a user creates a link, archives the referenced content and generates a link to an archived record of the page. Regardless of what may happen to the original source, the archived record will always be available through the link. ( 12. For example see Met v. State, 388 P.3d 447, 452 n.1 (Utah 2016). 13. 14. Ken Strutin, Written on the Wind: Be Cautious When Citing Internet Sites in Legal Documents, N.Y. L.J., June 29, 2004, at 5. Bench & Bar This article has been placed on the KBA website under the Hot Topics page. 'I'll Expect a W.P.A. Check in the Morning': The Path of the University of Louisville School of Law to Belknap Campus B Y M A R C U S W A L K E R

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