(Download) "Ex Parte Blogging: The Legal Ethics of Supreme Court Advocacy in the Internet Era." by Stanford Law School # eBook PDF Kindle ePub Free
eBook details
- Title: Ex Parte Blogging: The Legal Ethics of Supreme Court Advocacy in the Internet Era.
- Author : Stanford Law School
- Release Date : January 01, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 349 KB
Description
INTRODUCTION Several intertwined issues appeared prominently in the Supreme Court's recent decision in Kennedy v. Louisiana: (1) whether a nonhomicide crime can be punished by the death penalty, how to evaluate the existence of a national consensus on the question, and whether the Supreme Court's supervision of the "evolving standards of decency" imposes a one-way ratchet on the death penalty. But the story of the Kennedy case--in which the Supreme Court held that it is unconstitutional to execute someone for raping a child (2)--also touches on a subtler problem. Kennedy offers a glimpse at the increasing potential for speech outside the walls of the nation's highest court to affect the decisions issuing from that court. With postings on legal blogs (3) now offering prompt, detailed, and readily accessible analysis of Supreme Court cases, is it time to reevaluate the ethical standards that govern the interplay between lawyers, the Internet, and the Court? Scholarship on the problems of improper publicity and ex parte communication has not yet begun to grapple with the power of blogs to rapidly reach large audiences--possibly including Justices or their clerks--with persuasive arguments on pending cases. This Note offers a first analysis of the contours of an emerging issue facing attorneys litigating before the Supreme Court.