September 29, 2006
Over at Volokh Conspiracy, where commenters had complained about the lack of posts about the detainees bill, Orin Kerr and Ilya Somin have blogged about why they haven't blogged. This is one of the biggest problems for a law blogger. Because you are writing every day about things that happen to be in the news, readers assume that if something in the news is important enough, failure to blog about it means you don't care or you're some kind of fraud. This thinking is magnified when you're a law professor and the news story has legal significance. Yet this may be precisely why you don't blog about it. Unless you have an automatic ideological position -- as many political bloggers do -- you can't just pop out a post. You could put a small block of time into crafting a more thoughtful post, but that would only give it the aura of a legal opinion and you don't want that. Given the complexity of the text under discussion and the legal issues it generates, it is quite resistant to serious blogging by a law professor. Failure to blog should therefore be read as a sign of the law professor's distance from partisanship. It is not that we don't recognize the importance of the matter. It's that we do.