Tuesday, March 18, 2008

Westlaw's green "c" misleading

This is just a quick gripe about Westlaw. Sometime in the past few months (or at least I've started to notice it, maybe it's been around for a while), Westlaw has begun using its green "C" for "C"ite (meaning something has cited to that case or statute) whenever a party has a brief that cites to the case. Now, I've read enough briefs to know that (a) I probably wouldn't use them for anything of value and (b) they certainly don't have any precedential value. And depending on your Westlaw plan, you can't even access them anyway.

My point is that it's silly and misleading. Particularly if the party is the party who is appealing on that particular case. Granted, if a newspaper or something cited to the case, there's something that may be useful. And obviously law review articles and other cases are helpful if cited. But a brief? Give me a break.

And don't get me started on how many times I've come across an incorrect red flag or a misleading yellow flag. I'm still sifting through this Bear Stearns mess in the meantime, so maybe later today I will have more thoughts on that topic.

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