Accurate, Focused Research on Law, Technology and Knowledge Discovery Since 2002

Category Archives: Courts

Developing Artificially Intelligent Justice

Re, Richard M. and Solow-Niederman, Alicia, Developing Artificially Intelligent Justice (May 19, 2019). Stanford Technology Law Review, Forthcoming; UCLA School of Law, Public Law Research Paper No. 19-16. Available at SSRN: https://ssrn.com/abstract=3390854

“Artificial intelligence, or AI, promises to assist, modify, and replace human decision-making, including in court. AI already supports many aspects of how judges decide cases, and the prospect of “robot judges” suddenly seems plausible—even imminent. This Article argues that AI adjudication will profoundly affect the adjudicatory values held by legal actors as well as the public at large. The impact is likely to be greatest in areas, including criminal justice and appellate decision-making, where “equitable justice,” or discretionary moral judgment, is frequently considered paramount. By offering efficiency and at least an appearance of impartiality, AI adjudication will both foster and benefit from a turn toward “codified justice,” an adjudicatory paradigm that favors standardization above discretion. Further, AI adjudication will generate a range of concerns relating to its tendency to make the legal system more incomprehensible, data-based, alienating, and disillusioning. And potential responses, such as crafting a division of labor between human and AI adjudicators, each pose their own challenges. The single most promising response is for the government to play a greater role in structuring the emerging market for AI justice, but auspicious reform proposals would borrow several interrelated approaches. Similar dynamics will likely extend to other aspects of government, such that choices about how to incorporate AI in the judiciary will inform the future path of AI development more broadly.”

Supreme Court rules in case watched for impact on Trump pardons

Politico: “The Supreme Court ruled Monday in a closely watched “double jeopardy” case, issuing a decision that preserves states’ power to limit the impact of future pardons by President Donald Trump or his successors. In a 7-2 ruling, the justices declined to disturb a longstanding legal principle known as dual sovereignty, which allows state governments… Continue Reading

In Court, Facebook Blames Users for Destroying Their Own Right to Privacy

The Intercept: “In April 2018, Facebook CEO Mark Zuckerberg sat before members of both houses of Congress and told them his company respected the privacy of the roughly two billion people who use it. “Privacy” remained largely undefined throughout Zuckerberg’s televised flagellations, but he mentioned the concept more than two dozen times, including when he… Continue Reading

Federal judge tosses suit seeking to stop Obama center in Jackson Park

Chicago Tribune – “In a major defeat for opponents, a federal judge ruled Tuesday that the city of Chicago was within its authority when it approved the Obama Foundation’s plan to build the Obama Presidential Center on publicly owned property in Jackson Park. The center “surely provides a multitude of benefits to the public. It… Continue Reading

Citation Stickiness

Bennardo, Kevin and Chew, Alexa, Citation Stickiness (April 19, 2019). 20 Journal of Appellate Practice & Process, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3375050 – “This Article is an empirical study of what we call citation stickiness. A citation is sticky if it appears in one of the parties’ briefs and then again in the court’s opinion.… Continue Reading

Federal Weapons Prosecutions Continue to Climb in 2019

“According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, two out of every three prosecutions were for the offense of unlawful shipment, transfer, receipt, or possession of a firearm by a felon. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) was the lead investigative agency for 63.5… Continue Reading

France Bans Judge Analytics, 5 Years In Prison For Rule Breakers

Artificial Lawyer – “In a startling intervention that seeks to limit the emerging litigation analytics and prediction sector, the French Government has banned the publication of statistical information about judges’ decisions – with a five year prison sentence set as the maximum punishment for anyone who breaks the new law. Owners of legal tech companies… Continue Reading

Justice Department Clarifies Redactions To Mueller Report

The US government pushed back on a lawsuit by BuzzFeed News that seeks the Mueller report in its entirety: “The Department of Justice told a federal court judge that it cannot disclose any redacted parts of special counsel Robert Mueller’s report without harming ongoing national security investigations and other sensitive matters. BuzzFeed News and the… Continue Reading

Enforcing Federal Privacy Law – Constitutional Limitations on Private Rights of Action

CRS Legal Sidebar – Enforcing Federal Privacy Law—Constitutional Limitations on Private Rights of Action, May 31, 2019: “Over the last two years, the prospect of a comprehensive federal data privacy law has been the subject of considerable attention in the press and in Congress. Some Members of Congress and outside groups have developed many proposals… Continue Reading

Facebook reportedly thinks there’s no ‘expectation of privacy’ on social media

cnet – The social network wants to dismiss a lawsuit stemming from the Cambridge Analytica scandal. “Facebook on Wednesday [May 28, 2019]reportedly argued that it didn’t violate users’ privacy rights because there’s no expectation of privacy when using social media. “There is no invasion of privacy at all, because there is no privacy,” Facebook counsel… Continue Reading

How Often Has the U.S. Supreme Court Struck Down a Federal Law? Part II

More often than you might think – Keith Whittington |The Volokh Conspiracy: “As I noted last week, there once was a robust political and scholarly debate over the answer to the question of how often the U.S. Supreme Court had struck down a provision of a federal statute. The question was thought to matter because… Continue Reading

The Indian Law That Helps Build Walls

The Supreme Court’s legal abuse of Native Americans set the stage for America’s poor treatment of many of its vulnerable populations. By Maggie Blackhawk. Ms. Blackhawk is an assistant professor of law at the University of Pennsylvania. “The first two years of the Trump administration have brought us horror story after horror story about our… Continue Reading