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    Authority Without Borders: The World Wide Web and the Delegalization of Law

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    Margolis-JournalArticle-2011-.pdf
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    Genre
    Journal article
    Date
    2011
    Author
    Margolis, Ellie
    Subject
    Jurisprudence
    Legal research
    Technology
    Legal writing
    Permanent link to this record
    http://hdl.handle.net/20.500.12613/6778
    
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    DOI
    http://dx.doi.org/10.34944/dspace/6760
    Abstract
    We live in an information age, with massive amounts of information available at our fingertips, thanks to the internet. The last few generations of law students and lawyers, as well as the future generations – the digital natives – have shifted almost entirely to conducting legal research online. This shift to online research has led to a blurring of the once clear delineation between legal and nonlegal materials, and contributed to a broadening of the types of sources used as authority in support of legal analysis. This article will show that the traditional ways of defining legal authority are rooted in a print-based system that no longer exists, and that in the world of online research, it is all too easy to lose track of where a source comes from. The combination of accessibility of information and electronic means of retrieval is erasing the once clear line between the distinct domain of law and the broader world of information. This blurring of the line is reinforced by courts, which are increasingly citing to online, nonlegal sources in support of legal reasoning in judicial opinions. The article documents the ways in which traditional means of identifying authority no longer exist, and calls for a new vocabulary for defining authority that reflects the world that exists today.
    Citation
    Ellie Margolis, Authority Without Borders: The World Wide Web and the Delegalization of Law, 41 SETON HALL L. REV. 909 (2011).
    Available at: https://scholarship.shu.edu/shlr/vol41/iss3/3/
    Citation to related work
    Seton Hall Law
    Has part
    Seton Hall Law Review, Vol. 41, Iss. 3
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    For Americans with Disabilities Act (ADA) accommodation, including help with reading this content, please contact scholarshare@temple.edu
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