From time to time we have discussed some judge’s growing inclination to roam around the internet to investigate factual issues on their own. Judge Posner, in particular, thinks it’s fine to act as his own investigator in deciding matters on appeal.
The following are links to some recent articles on this movement to keep you up to date.
http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1001&context=nulr
https://www.kentlaw.iit.edu/Documents/Academic Programs/7CR/v11-1/martin.pdf
http://www.lexology.com/library/detail.aspx?g=5759cf74-eeb0-4e0e-9d3a-e2f09a74e832
The first article in particular, from the Northwestern Law Review (Go Wildcats!) undertakes a scholarly consideration of taking judicial notice in the internet age.
The bottom line: this is going to happen, so should the rule of evidence be adjusted to recognize it, and if so, how?
