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Appellate Practice,
Civil Litigation,
U.S. Supreme Court

Apr. 23, 2018

The record on appeal versus the internet age

A recent testy interchange between Justices Anthony Kennedy and Sonia Sotomayor highlighted a tension between the ubiquity of information on the internet and the constrained nature of the record on appeal.

Susan Yorke

Of Counsel
California Appellate Law Group LLP

Susan served as a law clerk on the 9th Circuit for two judges and in the Appellate Division of the Oregon Department of Justice. Find out more about Susan and the California Appellate Law Group LLP at www.calapplaw.com. Appellate Zealots is a monthly column on recent appellate decisions written by the attorneys of the California Appellate Law Group LLP.

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The record on appeal versus the internet age
Supreme Court Justices Ruth Bader Ginsburg and Sonia Sotomayor at the U.S. Capitol, Sept. 24, 2015. Justice Anthony Kennedy recently caused a stir when he admonished Justice Sotomayor for noting that she had look at websites related to a case that were not in the record before the court. (New York Times News Service)

APPELLATE ZEALOTS

A recent testy interchange between Justices Anthony Kennedy and Sonia Sotomayor during oral argument at the U.S. Supreme Court highlighted a tension between the ubiquity of information on the internet and the constrained nature of the record on appeal.

The case, NIFLA v. Becerra, 16-1140, involved a First Amendment challenge to a California law requiring some pre...

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