Search

When a plaintiff brings a legal claim, the physician-patient privilege is waived for the purpose of defending the action. In a medical malpractice action, for example, that means that attorneys [...]

INTRODUCTION I. THE PHENOMENON OF EX PARTE BLOGGING II. EX PARTE BLOGGING UNDER THE CURRENT ETHICAL FRAMEWORK A. Publicity B. Ex Parte Communications by Attorneys to Judges C. Receipt of [...], Lawyers have been arguing their cases before the Supreme Court for over two centuries, while the phenomenon of legal blogs is perhaps a decade old. Yet legal blogs cannot be dismissed as merely a sideshow novelty--they are already capable of having a substantial impact on Supreme Court litigation. Events surrounding the recent decision in Kennedy v. Louisiana demonstrate that Hogs can both highlight errors in Court decisions and generate new arguments relevant to ongoing litigation. In addition, legal blogs create the opportunity for Supreme Court advocates to engage in ex parte blogging--posting persuasive material about a pending case in tile hopes of directly influencing the Court's decisions. Attorneys for parties and amici in cases before the Court already sometimes post arguments online about their cases shortly after oral argument--potentially a crucial time in the Court's decision-making process--and evidence suggests that the Justices and their clerks may well encounter some of these posts online. Yet no one has analyzed the ethical implications of this practice, or what its effects might be on different groups appearing before the Court. This Note examines the relationship between ex parte blogging and the traditional concepts of prejudicial publicity and ex parte communications. The Note concludes that ex parte blogging threatens the impartial administration of justice and will systematically disadvantage some litigants. Thus, the legal profession should consider regulating ex parte blogging, despite the contributions that counsel for parties and amici might make to public discourse about constitutional and legal issues.

INTRODUCTION While the Sedona Conference is dedicated to the advancement of law and policy in the area of patent litigation, it is no secret that most litigants are displeased (or [...]