Google Law

Supreme_CourtEarlier this week Google announced a slew of new products (check out the official Google Blog for a full list). Of particular interest to lawyers was the addition to Google Scholar that allows searches for federal and state court decisions. This in itself is nothing new, as many websites currently offer access to federal court decisions for free, such as openjurist.org or justia.com. Like these other free offerings, Google hosts the case itself.  While such sites are not new, Google’s implementation has the potential to transform legal research.

A more user-friendly search is one of the many ways Google beats out alternative free and pay legal research options. While the search engine is far from perfect, queries can be focused by either state or federal court, and searches can be further refined by “author” and date constraints. This can be a great help when starting a new research project on an unfamiliar topic. For example, if staring research on an ADA question regarding “reasonable accommodation,” a simple query of “ reasonable accommodation” and “Posner” (if you wanted a 7th Circuit decision) in the author field yields useful results. The results are organized by which decisions have been cited most, rather than which decisions are most recent. In contrast to Google, both West and Lexis give search results by the date of the decision, and require further investigation in order to differentiate which cases have significance. Because Google doesn’t make money on content directly, Google has no incentive to locate this information behind an additional pay walls whereas pay sites make money by obfuscating information behind additional clicks—the more one clicks the more they make.

In addition to search functionality, Google also improves online case research by improving readability. Rather than try and reproduce the experience of reading a physical page like Justia, Google makes good use of the online medium. Gone are the bold “***” that denote pagination that clutter Lexis and West cases. Rather than impeded readability with an asterisk, Google puts the pagination on the left margin. Google also improves readability by placing footnotes at the bottom of the decision and denotes the footnote with a hyperlink. By clicking on the hyperlinked footnote, the reader has easy access to the text of the footnote. Once at the note text, the reader can return to reading the decision by clicking the hyperlinked number again. The experience is similar to the behavior of footnotes in MS Word.

Not only is the case more readable in Google than in other formats, but Google also organizes how other courts have cited the decision in the “how cited” tab. This feature functions as a very rudimentary Headnotes or Keycite that addresses the holding of the case.

I suspect that this is just the beginning for legal research and Google. It wouldn’t surprise me if, in the future, the offerings will improve. Not only will quality improve, but so will the scope of information offered. Take the administration’s announcement that the Federal Register will be published in XML as a sign of what’s to come.

This Post Has 4 Comments

  1. Matthew Fernholz

    Another area of interest in the field of “Google law” is the lawsuit filed this week by Habush, Habush & Rottier against its competitor, Cannon & Dunphy. It seems Cannon & Dunphy purchased the words “Habush” and “Rottier” for Google searches, so when users type in the name of the Habush firm on a Google search they automatically get a link to Cannon & Dunphy’s website. The rest of the article can be read here.

  2. Bonnie Shucha

    While I agree that the freely available legal coverage on Google Scholar is a wonderful thing, I don’t think that it is quite as rosy as you portray it. There are some major drawbacks of which legal professional should be aware.

    – false hits as mentioned by Volokh
    – lack of source info (where is the info coming from?)
    – lack of advanced search options (boolean, field limiters, etc)
    – citators are not comprehensive (this is a big one!)

    In time, Google may and likely will overcome some of these issues. But it will never match subscription databases for content, authority and editorial enhancements.

    Is this a big deal? It depends. If all that you need is the text of a case, you’re fine with Google Scholar. But if you want to cite the case in a brief, you probably should be using the official source. And when you need to determine whether that case is still good law, I would be very hesitant to rely on Google or any other free resource.

    On the plus side, Google has always done a wonderful job of designing a clean and easy user interface, and the legal content on Google Scholar is no exception – as you point out. Hopefully Lexis, Westlaw and others will follow their example – it wouldn’t surprise me at all.

  3. Daniel Lutz

    Hrm this is all pretty new to me, I’ve never looked into these aspects of google before, however I’m very interested in learning more. Thanks for this article, very good indeed :).

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.