Adam Liptak on the Decline of Judicial Citation to Law Reviews

In today’s New York Times, Adam Liptak reports on the trend of judges to cite less and less to law review articles, and more to materials they (or their law clerks) dig up themselves. Wikipedia, as some bloggers have noted, is one source, an alarming one in my view.

A few weeks ago I did a search with the term “Wikipedia” of one of the online databases and turned up 103 results to see how courts cite to Wikipedia and howthey use the online encyclopedia. Amazingly, sometimes, they use it toverify a source when citing to the source itself would do just as well.For example, “(The Physicians’ Desk Reference is a commerciallypublished compilation of manufacturers’ prescribing information onprescription drugs, updated annually. Wikipedia,  http://en.wikipedia.org/wiki/Physician’s_Desk_Reference.)”Peters v. Astrazeneca, 2006 U.S. Dist. LEXIS 38859; CCH Prod. Liab.Rep. P17,540 (U.S.D.C., W.D. Wisc., 2006)). If you need to verify thedescription and publication information of the PDR, look in the PDR.For descriptions of the purpose of federal agencies, courts turn toWikipedia (Hansen v. Wis. Dep’t of Revenue, 2006U.S. Dist. LEXIS 37936). Why not turn to the U. S. Government Manual?If one doesn’t want to search through a paper copy, search online at http://www.gpoaccess.gov/gmanual/index.html.

Judges apparently also cite to Wikipedia for definitions and explanations, better found in a dictionary or encyclopedia, such as the meaning of the word “levee” (In re Ingram Barge Co., 435 F. Supp. 2d 524(U.S.D.C. E.D. La. (2006)). Why not simply look up the word in adictionary? Why rely on an unnamed (and perhaps unreliable) source? InAlvarez Perez v. Sanford-Orlando Kennel Club, Inc., 2006 U.S. Dist. LEXIS 94862 we have this helpful explanation quoted: “Greyhound races are sports events. See Wikipedia, The Free Encyclopedia, at http://en.wikipedia.org/wiki/Greyhound_racing (“Greyhound racing is the sport of racing greyhounds.”); see also Marshall v. New Hampshire Jockey Club, Inc., 562 F.2d 1323, 1328 (1st Cir. 1977)(identifying thoroughbred racing and harness racing as sports). Assuch, greyhound races “are among those types of recreational activitiesspecifically considered by Congress to be covered by the [FLSA’sexemption for seasonal recreational establishments].” Jeffery, 64 F.3d at 595.” Remember that Wikipedia articles are unsigned. Why trust someone whom you do not know on these matters? Because s/he seems to have provided a sensible explanation? If so, then why look in Wikipedia at all? Look in a print dictionary or its online equivalent, recommended by your court librarians. At least it has passed through some sort of editorial process.