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12 Yale J.L. & Tech. 1 (2009-2010)
The Citation of Wikipedia in Judicial Opinions

handle is hein.journals/yjolt12 and id is 1 raw text is: THE CITATION OF WIKIPEDIA IN JUDICIAL OPINIONS
Lee F. Peoples-
12 YALE J.L. & TECH. 1 (2009)
Wikipedia has been cited in over four hundred American
judicial opinions. Courts have taken judicial notice of Wikipedia
content, based their reasoning on Wikipedia entries, and decided
dispositive motions on the basis of Wikipedia content. The
impermanent nature of Wikipedia entries and their questionable
quality raises a number of unique concerns. To date, no law review
article has comprehensively examined the citation of Wikipedia in
judicial opinions or considered its long-range implications for
American law.
This article reports the results of an exhaustive study
examining every American judicial opinion that cites a Wikipedia
entry. The article begins with a discussion of cases that cite
Wikipedia for a significant aspect of the case before the court. The
impact of    these  citations  on  litigants' constitutional and
procedural rights, the law of evidence, judicial ethics, and the
judicial role in the common law adversarial system are explored.
Part II discusses collateral references to Wikipedia entries. Part
III proposes a set of best practices for when and how Wikipedia
should be cited. Detailed statistics on the quality of Wikipedia
entries cited in judicial opinions and the completeness and
accuracy of citations to Wikipedia entries are provided. The article
concludes with a discussion of the impact of Wikipedia citations in
judicial opinions on the future of the law.
• Associate Professor of Law Library Science, Associate Law Library Director,
and Director of International Programs, Oklahoma City University School of
Law. I am extremely grateful to Professor Frederick Schauer, David and Mary
Harrison Distinguished Professor of Law at the University of Virginia and Frank
Stanton Professor of the First Amendment at the John F. Kennedy School of
Government, Harvard University and Joe Gerken, Associate Librarian at the
Charles B. Sears Law Library, University at Buffalo Law School, for reviewing
a draft of this Article. I am also indebted to my faculty colleagues at Oklahoma
City University School of Law who provided insightful comments on this
Article during a colloquium in the fall of 2009. Any errors or omissions in this
Article are the author's sole responsibility.

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