This topic was first raised via Orin Kerr at The Volokh Conspiracy
and Matt Bodie at Prawfs Blog.
In non-sensationalistic postings not drawing much comment (whereas Miers is deafening the Ears at the moment), the discussion there is about the “Future of Law Blogging”, which – in our opinion – will have a far greater impact on American jurisprudence than the question of who sits on the SCOTUS bench.
In the opinion of the LawPundit, blogging is here to stay, and it will continue to take on greater importance.
As someone who taught legal writing at a law school for a number of years, it is my opinion that law blogging will in fact become a part of legal instruction. Indeed, if I had the itch to teach legal writing again today, then I would have each student submit his or her legal writings in blogs online rather than by “snail papers”.
The educational institution would of course have to set up special internet mechanisms for this to work, although, in theory, one could do it easily for free through Blogger or a similar free service (the prof would just have to be given access to the student’s specially created law blog).
For example, as the first assignment in my legal writing classes, students always had to write an original essay on the topic of What is Law? Many students had previously never really phrased such a question for themselves, even though this was to be their chosen profession. For that kind of an assignment, a blog would be ideal. A student’s acumen for law, by the way, could often be judged immediately from that first initial paper.
But much more importantly, student blogging on legal topics as part of the law curriculum would exercise the same beneficial influence on writing and thinking that any kind of regular writing has on people in the legal field. Regular LEGAL blogging forces people to organize their ideas, to research the topics they are writing about, to back up their statements with authorities and to write cogently so that their readers can understand them.
Another advantage of blogging is simply that it is fun. Imagine how popular a course on Legal Blogging would be. And I wager that such a course will be taught in the law schools soon. The fact is that the legal bloggers are having more impact through their blogs than through the “snail paper” law journals. Hence, it can not be long before law curriculums adjust to the new reality.
You read it here, at LawPundit, first.