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Computational Legal Studies - Our Journey and Our Thoughts 2022

Computational Legal Studies - Our Journey and Our Thoughts 2022

Presentation at the 2022 Computational Legal Studies Conference at Singapore Management University

0f2a473c07602f3dd53c5ed0de0c56b5?s=128

Daniel Martin Katz
PRO

March 03, 2022
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  1. Our Journey and Our Thoughts Circa 2022 daniel martin katz

    Computational Legal Studies blog | ComputationalLegalStudies.com edu | illinois tech - chicago kent law lab | TheLawLab.com page | DanielMartinKatz.com michael j bommarito blog | ComputationalLegalStudies.com corp | licens.io page | linkedin.com/in/bommarito lab | TheLawLab.com twitter | @computational twitter | @mjbommar
  2. None
  3. WE ARE COMING UPON AN IMPORTANT ANNIVERSARY

  4. THE ANNIVERSARY OF DEATH OF A PATRON SAINT

  5. THE PATRON SAINT WHO LEGEND HAS IT …

  6. WAS ABLE TO CHASE ALL OF THE SNAKES FROM THE

    EMERALD ISLE
  7. THE ANNIVERSARY IN QUESTION IS 17TH OF MARCH

  8. ST PATRICK’S DAY DUBLIN CHICAGO

  9. WHILE THIS IS A DAY FILLED WITH REVELRY …

  10. IT IS A DAY THAT IS ALSO IMPORTANT ON A

    PERSONAL BASIS …
  11. BECAUSE MARCH 17, 2009

  12. IS THE DATE

  13. THAT OUTSIDE OF WEST HALL AT THE UNIVERSITY OF MICHIGAN

  14. WE DISCUSSED STARTING A BLOG …

  15. A BLOG DEVOTED TO RELEVANT EMERGING TRENDS …

  16. A BLOG WHICH WOULD BE CALLED

  17. COMPUTATIONALLEGALSTUDIES.COM

  18. None
  19. SO I GUESS THIS IS FULL CIRCLE FOR US

  20. None
  21. BUT LET ME TAKE YOU BACK TO 2009 … CUT+PASTE

    SAFETY FIRST ICAIL 09
  22. AND SET THE SCENE …

  23. AFTER MANY DECADES OF INTELLECTUAL EXCEPTIONALISM

  24. THE ACADEMIC FIELD OF LAW WITNESSED A VERY POSITIVE EMERGING

    TREND …
  25. AN EFFORT TO ALIGN WITH MAINSTREAM MOVEMENTS INSIDE BROADER UNIVERSITIES

  26. AN ‘EMPIRICAL TURN’ WAS FINALLY COMING TO LEGAL SCHOLARSHIP

  27. FA L L 2 0 0 8 W I T

    N E S S E D O N LY T H E 3 R D C E L S CO N F E R E N C E
  28. AND THERE WAS REAL MOMENTUM ON A PATH TO MODERNITY

  29. None
  30. BECAUSE THE TENSION HAD BEEN BUILDING FOR SOME TIME

  31. B E CAU S E L AW FAC E D

    A C R E D I B I L I TY R E VO LU T I O N
  32. W H E R E B Y L AW Y

    E R S J U D G E S P O L I CY M A K E R S
  33. W E R E C R A F T I

    N G L E G A L R U L E S A N D D O C T R I N E S
  34. A N D C R I T I Q U

    I N G L E G A L R U L E S A N D D O C T R I N E S
  35. W I T H O U T A N Y

    E M P I R I CA L F O C U S O N T H E AC T UA L R E A L WO R L D P E R F O R M A N C E O F T H E S E R U L E S A N D D O C T R I N E S
  36. Legal Scholarship Has become far more ‘empirical’ in nature

  37. None
  38. None
  39. None
  40. IF WE LOOK AT ‘EMPIRICAL LEGAL STUDIES’

  41. IT TYPICALLY TAKES ON A PARTICULAR PERSPECTIVE

  42. LAWYER AS POLICY MAKER / APPELLATE JUDGE …

  43. D E T E R M I N E (

    A S B E ST P O S S I B L E ) W H E T H E R A PA RT I C U L A R P O L I CY I N T E RV E N T I O N AC H I E V E S T H E D E S I R E D E N D S TASK
  44. MODELING APPROACH CO U L D E M P LOY

    T R A D I T I O N A L Q UA N T I TAT I V E S O C I A L S C I E N C E M E T H O D S ( S U C H A S R E G R E S S I O N )
  45. MODELING APPROACH O R M I G H T I

    N VO K E M O R E S O P H I ST I CAT E D E CO N O M E T R I C M E T H O D S
  46. EXAMPLE METHODS I N ST R U M E N

    TA L VA R I A B L E S , P R O P E N S I TY S CO R E M ATC H I N G , R U B I N CAU S A L M O D E L , R E G R E S S I O N D I S CO N T I N U I TY, D I F F E R E N C E I N D I F F E R E N C E S , E TC .
  47. S I N C E M O ST P O

    L I CY E VA LUAT I O N CA N N OT R E A L LY B E U N D E RTA K E N U N D E R R A N D O M I Z E D CO N T R O L T R I A L ( R C T ) TY P E CO N D I T I O N S
  48. F O L K S O F T E N

    L E V E R AG E M E T H O D S TO T R Y TO G E T SY N T H E T I C V E R S I O N S O F R C T ’ S
  49. CAU S A L I N F E R E

    N C E A P P R OAC H E S A R E B E ST F O R A P P R O P R I AT E P R O B L E M S / Q U E ST I O N S W H E R E I D E N T I F Y I N G / L I N K I N G CAU S E A N D E F F E C T A R E K E Y
  50. AND THIS PERSPECTIVE HAS MADE SIGNIFICANT HEADWAY WITHIN THE LEGAL

    ACADEMY …
  51. O N S S R N A LO N E

    , T H E R E A R E T H O U S A N D S O F E M P I R I CA L L E G A L ST U D I E S TY P E PA P E R S
  52. https://papers.ssrn.com/sol3/JELJOUR_Results.cfm? form_name=journalBrowse&journal_id=2123644

  53. None
  54. IT WAS AGAINST THIS BACKDROP WHICH WE ENTERED THE SCENE

  55. GUIDED BY OUR BASIC PREMISE WAS THAT ADVANCES IN COMPUTATIONAL

    TECHNOLOGIES WERE GOING TO SOMEHOW BE IMPORTANT FOR LAW
  56. IT WAS A CALCULATED BET THAT TURNED OUT TO BE

    RIGHT …
  57. BUT IT TURNS OUT IT WOULD SHOW UP IN SEVERAL

    DIFFERENT FLAVORS ON DIFFERENT TIME LINES …
  58. THREE FLAVORS OF COMPUTATIONAL LAW

  59. (1) SOCIAL SCIENCE WITH COMPUTATIONAL OVERTONES (2) SOCIAL PHYSICS WITH

    A LAW AS TOPICAL DOMAIN (3) USING COMPUTATIONAL TECHNIQUES TO CREATE #LEGALTECH APPLICATIONS
  60. (1) SOCIAL SCIENCE WITH COMPUTATIONAL OVERTONES (2) SOCIAL PHYSICS WITH

    A LAW AS TOPICAL DOMAIN (3) USING COMPUTATIONAL TECHNIQUES TO CREATE #LEGALTECH APPLICATIONS SOCIAL SCIENCE SCIENCE ENGINEERING
  61. ALL OF WHICH MOVED ‘UP AND TO THE RIGHT’ (GRANTED

    GOOGLE NGRAMS IS AN IMPERFECT MEASURE)
  62. None
  63. None
  64. BUT CHECK OUT THE OVERLAY

  65. None
  66. THIS IS ONE THING THAT DID NOT PLAY OUT PRECISELY

    AS WE EXPECTED …
  67. HOWEVER, THIS ALIGNS PRETTY WELL WITH OUR PERSONAL EXPERIENCE IN

    THE YEARS THAT FOLLOWED
  68. TO A SIGNIFICANT EXTENT — THE COMMERCIAL WORLD IS FURTHER

    ALONG TOWARD FIGURING THIS OUT …
  69. WHILE SOME MORE ENLIGHTENED MEMBERS OF THE ACADEMY ARE SLOWLY

    CATCHING UP …
  70. OUR VIEW WAS STOP ARGUING WITH FOLKS WHO ARE JUST

    GOING TO ARGUE …
  71. AND JUST GO DO IT !

  72. None
  73. None
  74. None
  75. None
  76. LexPredict.com

  77. None
  78. None
  79. None
  80. None
  81. I AM DAN KATZ @ILLINOISTECH @BUCERIUSLAW

  82. None
  83. https://legaltechcenter.de/en/index.html

  84. 2021-22 JONES DAY VISITING PROFESSOR OF COMMERCIAL LAW AT SINGAPORE

    MANAGEMENT UNIVERSITY
  85. None
  86. NOW IT SHOULD BE SAID THERE HAVE BEEN SOME GATHERINGS

    ON THESE TOPICS ALONG THE WAY
  87. WHICH HAVE BENN MEANINGFUL IN ADVANCING EITHER THE COMMERCIAL OR

    ACADEMIC SIDE OF THESE IDEAS …
  88. 2011

  89. 2011

  90. BTW - I met Stephen Wolfram’s Robot Presence in Houston

    in 2011 He appeared at a Computational Law Conference Via Robot (before that was cool) (and asked him about Rule 90) my own big bang moment
  91. 2013

  92. 2014

  93. 2014

  94. 2015

  95. 2015

  96. 2016

  97. 2016

  98. 2017

  99. 2017

  100. 2017

  101. 2018

  102. 2019

  103. 2020

  104. AI + LAW CONFERENCES SINCE 1987

  105. STANFORD CODEX FUTURE LAW 2013 - PRESENT

  106. None
  107. SO I WOULD HAVE BEEN REMISS IF I DID NOT

    MENTION THESE …
  108. WHICH HAVE HELPED US GET TO THIS EXCITING MOMENT !

  109. IT IS MY GREAT PLEASURE TO BE HERE TODAY …

  110. THANKS TO ALL OF THE ORGANIZERS

  111. I THINK THIS IS ONE OF THE BEST COLLECTION OF

    **TECHNICALLY INCLINED** LAW + COMPUTATION SCHOLARS EVER ASSEMBLED …
  112. I HOPE IT IS ANNUAL TRADITION ! ** **FULLY IN

    PERSON FOR 2023?
  113. None
  114. OPENING STATEMENT

  115. THIS JOURNEY WE ARE ON IS A TECHNICAL ONE

  116. I WANT TO SAY SOMETHING ABOUT THIS *TECHNICAL* ASPECT I

    JUST MENTIONED
  117. AS THIS FIELD MATURES …

  118. IT IS INCUMBENT UPON US …

  119. TO HELP PRESS FORWARD ON

  120. LAW + COMPUTATION THE ACTUAL SCIENTIFIC / ENGINEERING EXERCISE

  121. AS OPPOSED TO THE MERE COLLOQUIAL USES OF ‘LAW +

    COMPUTATION’
  122. WE NEED TO CONTINUE MEETINGS LIKE THIS ONE …

  123. WE NEED TO PUSH FORWARD ON THE *TECHNICAL* AGENDA …

  124. AND WE NEED TO DIRECT FUNDERS, SCHOOLS, FACULTY, STUDENTS, ETC.

    TO SUPPORT KEY WORK
  125. BECAUSE TOO OFTEN THEY HAVE BACKED THE WRONG HORSES AND

    THEREBY STYMIED THE ADVANCEMENT OF THE FIELD
  126. SO THIS IS ONE OF THE CHARGES I WILL POSE

    TO YOU HERE TODAY …
  127. YOU ARE ON THE ROAD LESS TRAVELED …

  128. BUT IT IS ALSO A PATH WITH GREAT INTELLECTUAL RETURNS

    (AND PERSONAL SATISFACTION) …
  129. BECAUSE IT IS PRETTY OBVIOUS (TO US AT LEAST) THAT

    LAW NEEDS A PRODUCTIVITY REVOLUTION
  130. IN ORDER TO MEET THE GOVERNANCE CHALLENGES OF THE 21ST

    CENTURY …
  131. None
  132. THIS IS ULTIMATELY THE PROBLEM WE ARE SOLVING

  133. W H E T H E R YO U A

    R E A L A R G E M U LT I N AT I O N A L CO R P O R AT I O N , A S M A L L B U S I N E S S O R A N I N D I V I D UA L C I T I Z E N …
  134. L AW H A S A CO M P L

    E X I TY C H A L L E N G E …
  135. IF YOU TAKE A STEP BACK

  136. THE REAL ANIMATING DRIVER IN THE DEMAND FOR UNITS OF

    LEGAL PRODUCTION
  137. IS COMPLEXITY

  138. SOCIAL, ECONOMIC AND POLITICAL COMPLEXITY

  139. MANIFESTS ITSELF IN OUR DOMAIN AS LEGAL COMPLEXITY

  140. WHILE IT IS SOMEWHAT HARD TO PRECISELY DEFINE …

  141. None
  142. VIRTUALLY EVERY WAY YOU MIGHT CONSIDER IT LEGAL COMPLEXITY HAS

    GROWN
  143. DANIEL MARTIN KATZ, CORINNA COUPETTE, JANIS BECKEDORF & DIRK HARTUNG,

    COMPLEX SOCIETIES AND THE GROWTH OF THE LAW, 10 SCIENTIFIC REPORTS 18737 (2020) CORINNA COUPETTE, JANIS BECKEDORF, DIRK HARTUNG, MICHAEL BOMMARITO, & DANIEL MARTIN KATZ, MEASURING LAW OVER TIME: A NETWORK ANALYTICAL FRAMEWORK WITH AN APPLICATION TO STATUTES AND REGULATIONS IN THE UNITED STATES AND GERMANY, FRONT. PHYS. (2021 FORTHCOMING)
  144. SIGNIFICANT GROWTH IN LAWS AND REGULATIONS

  145. SO THE QUESTION IS HOW TO MATCH THAT COMPLEXITY WITH

    THE APPROPRIATE
  146. COMPLEXITY MITIGATION TACTICS …

  147. MIXTURES OF PEOPLE, PROCESS AND TECHNOLOGY

  148. DESIGNING MORE SCALABLE SYSTEMS

  149. BECAUSE THE LEGACY MODEL HAS BEEN

  150. TO USE LOTS OF LABOR TO SOLVE HIGH COMPLEXITY PROBLEMS

  151. BUT THAT APPEARS TO BE REACHING ITS PRACTICAL AND ECONOMIC

    LIMITS
  152. THE APPROACH NEEDS TO BE MORE FUNDAMENTAL

  153. AND LEVERAGE THE BEST OF SCIENCE AND TECH

  154. http://prawfsblawg.blogs.com/prawfsblawg/2017/03/-complexity-mitigation-strategies- for-law-law-land-and-beyond-and-some-other-thoughts-on-hadfield-su.html#more SOME THOUGHTS ON LEGAL COMPLEXITY MITIGATION STRATEGIES

  155. BOTTOM LINE IS MUCH OF THIS ROAD RUNS RIGHT THROUGH

    THESE IDEAS …
  156. BOTTOM LINE IS MUCH OF THIS ROAD RUNS RIGHT THROUGH

    THESE IDEAS … LAW + COMPUTATION
  157. None
  158. OVERVIEW OF REMAINING PRESENTATION

  159. 1. Three Eras in Computation 2. Some Use Cases in

    Comp Law 3. Closing Statement
  160. None
  161. The Analog, Digital, Computational Eras

  162. SINCE THIS IS AN OVERVIEW TALK I WANTED TO START

    AT THE WIDEST POSSIBLE VIEW ON THINGS …
  163. AND IF YOU TAKE THE BROADEST VIEW … WE HAVE

    BEEN ON LONG JOURNEY
  164. FROM HUNTER GATHERER SOCIETIES TO A HIGHLY COMPLEX GLOBAL ECONOMIC

    SYSTEM(S)
  165. OVER THE PAST 5000+ YEARS WE HAVE ENGAGED IN A

    MASSIVE TRUST SCALING EXERCISE
  166. ECONOMIC HISTORY TO DATE CAN BE SEEN AS A QUEST

    TO SCALE TRUST AND LOWER TRANSACTION COSTS
  167. THIS HAS OFTEN BEEN FACILITATED THROUGH THE DEVELOPMENT OF INSTITUTIONS

  168. WHETHER TECHNOLOGICAL OR OTHERWISE …

  169. WE HAVE DEVELOPED VARIOUS FORMS OF LEGAL INNOVATION

  170. MESOPOTAMIA GREECE ROME MEDIEVAL ERA MERCHANT LAW PRE ANALOG ERA

    THE CORPORATION MARITIME LAW + INSURANCE HUNTER GATHERERS CODE OF HAMMURABI SOME EARLY TRANSACTION ENHANCING INNOVATIONS AND SOCIETIES RENAISSANCE
  171. None
  172. THREE RECENT ERAS

  173. WE COULD DIVIDE UP THE PAST ~150 YEARS INTO THREE

    SEPARATE ERAS ANALOG ERA DIGITAL ERA COMPUTATIONAL ERA
  174. TELEGRAPH TELEPHONES INTERNET LONG TAIL COMMERCE (MERCHANT LAW TAKE 2)

    CRYPTO INFRASTRUCTURE ANALOG ERA DIGITAL ERA COMPUTATIONAL ERA INTERNET OF THINGS FIAT CURRENCY EARLY COMPUTERS GLOBALIZATION PERSONAL COMPUTERS AUTOMOBILE CREDIT CARDS CHARGE CARDS ARTIFICIAL INTELLIGENCE
  175. IN THE THREE MOST RECENT ERAS THERE ARE A VARIETY

    OF TRENDS WHICH ULTIMATELY LEAD US TO THE PRESENT …
  176. EACH ERA LAYERS UPON THE PRIOR PERIODS … ANALOG ERA

    DIGITAL ERA COMPUTATIONAL ERA
  177. AND AT EACH TRANSITION THERE WAS A REQUIRED EFFORT TO

    TRANSITION OUR PRIVATE AND PUBLIC INSTITUTIONS
  178. FACILITATED IN PART BY PUBLIC INFRASTRUCTURE AND ACADEMIC RESEARCH +

    DEVELOPMENT
  179. TELEGRAPH TELEPHONES INTERNET LONG TAIL COMMERCE (MERCHANT LAW TAKE 2)

    CRYPTO INFRASTRUCTURE ANALOG ERA DIGITAL ERA COMPUTATIONAL ERA INTERNET OF THINGS FIAT CURRENCY EARLY COMPUTERS GLOBALIZATION PERSONAL COMPUTERS AUTOMOBILE CREDIT CARDS CHARGE CARDS ARTIFICIAL INTELLIGENCE
  180. None
  181. ANALOG ERA

  182. TELEGRAPH TELEPHONES ANALOG ERA EARLY COMPUTERS AUTOMOBILE CHARGE CARDS

  183. AT&T WAS ACTUALLY - AMERICAN TELEPHONE AND TELEGRAPH COMPANY NETWORKED

    TELECOMMUNICATIONS FOR THOSE WHO MIGHT NOT REMEMBER
  184. MORSE AND THE TELEGRAPH COULD QUICKLY PASS MESSAGES OVER LONG

    GEOGRAPHIC DISTANCES
  185. MORSE AND THE TELEGRAPH THIS INVENTION INCREASED THE ACCURACY AND

    SPEED OF INFORMATION FLOW
  186. TELEPHONE WAS A CONTINUATION OF THESE TRENDS ALEXANDER GRAHAM BELL'S

    TELEPHONE PATENT DRAWING, MARCH 7, 1876
  187. AUTOMOBILES FURTHER REDUCED THE DISTANCE BETWEEN INDIVIDUALS

  188. THE EARLIEST COMPUTING HUMANS WERE THE ORIGINAL COMPUTERS

  189. ANALOG COMPUTING MACHINE AT THE LEWIS FLIGHT PROPULSION LABORATORY CIRCA

    1949 (VIA WIKIPEDIA) HTTPS://EN.WIKIPEDIA.ORG/WIKI/ANALOG_COMPUTER
  190. None
  191. DIGITAL ERA

  192. TELEGRAPH TELEPHONES INTERNET LONG TAIL COMMERCE (MERCHANT LAW TAKE 2)

    ANALOG ERA DIGITAL ERA FIAT CURRENCY EARLY COMPUTERS GLOBALIZATION PERSONAL COMPUTERS AUTOMOBILE CREDIT CARDS CHARGE CARDS
  193. ANALOG COMPUTING BECOMES DIGITAL COMPUTING …

  194. ANALOG COMPUTING MACHINE AT THE LEWIS FLIGHT PROPULSION LABORATORY CIRCA

    1949 (VIA WIKIPEDIA) HTTPS://EN.WIKIPEDIA.ORG/WIKI/ANALOG_COMPUTER
  195. EARLY DIGITAL COMPUTING HTTPS://EN.WIKIPEDIA.ORG/WIKI/ HISTORY_OF_COMPUTING_HARDWARE#EARLY_DIGITAL_COMPUTER_CHARACTERISTICS

  196. EARLY DIGITAL COMPUTING HTTPS://EN.WIKIPEDIA.ORG/WIKI/HARVARD_MARK_I

  197. EARLY DIGITAL COMPUTING HTTPS://EN.WIKIPEDIA.ORG/WIKI/HARVARD_MARK_I

  198. PERSONAL COMPUTING

  199. MOORE’S LAW ! WE OBTAIN MASSIVE GAINS IN PROCESSOR SPEED

  200. WE OBTAIN MASSIVE DECREASES IN DATA STORAGE COSTS Kryder’s Law

    !
  201. AND THEN WE GO NANO …

  202. COMPUTERS BECOME CONNECTED https://www.youtube.com/watch?v=UlJku_CSyNg THIS IS WHAT MUCH OF THE

    BLOCKCHAIN CONVERSATION SOUNDS LIKE TODAY
  203. AMONG THE TRANSITIONS, WE SEEK TO TAKE OUR PHYSICAL MARKETPLACES

    AND MOVE THEM INTO THE DIGITAL SPHERE …
  204. WE ARE ABLE TO LEVERAGE THE INTERNET TO EXPAND COMMERCE

    BY LOWERING THE TRANSACTION COSTS ASSOCIATED WITH FINDING BUYERS
  205. “ TRADITIONAL RETAIL ECONOMICS DICTATE THAT STORES ONLY STOCK THE

    LIKELY HITS, BECAUSE SHELF SPACE IS EXPENSIVE. BUT ONLINE RETAILERS (FROM A M A Z O N T O I T U N E S ) C A N S T O C K V I R T U A L L Y EVERYTHING, AND THE NUMBER OF AVAILABLE NICHE PRODUCTS OUTNUMBER THE HITS BY SEVERAL ORDERS OF MAGNITUDE. THOSE MILLIONS OF NICHES ARE THE LONG TAIL, WHICH HAD BEEN LARGELY NEGLECTED UNTIL RECENTLY IN FAVOR OF THE SHORT HEAD OF HITS.”
  206. BUT TO DO SO WE HAD TO GRAFT OUR ANALOG

    INSTITUTIONS FOR AN ONLINE DIGITAL WORLD …
  207. None
  208. COMPUTATIONAL ERA

  209. THE WORLD ECONOMIC FORUM CALLS THIS THE ‘FOURTH INDUSTRIAL REVOLUTION’

  210. None
  211. WE WOULD CALL IT THE COMPUTATIONAL AGE …

  212. IN OTHER WORDS, THIS IS NO LONGER THE DIGITAL AGE

    BUT RATHER THE EARLY COMPUTATIONAL AGE
  213. TELEGRAPH TELEPHONES INTERNET LONG TAIL COMMERCE (MERCHANT LAW TAKE 2)

    CRYPTO INFRASTRUCTURE ANALOG ERA DIGITAL ERA COMPUTATIONAL ERA INTERNET OF THINGS FIAT CURRENCY EARLY COMPUTERS GLOBALIZATION PERSONAL COMPUTERS ARTIFICIAL INTELLIGENCE AUTOMOBILE CREDIT CARDS CHARGE CARDS
  214. INDEED HERE IS THE KATZ, BOMMARITO + ZELNER BLOG WHICH

    HAS BEEN RUN SINCE 2009 (FEEL FREE TO SET THIS AS YOUR HOMEPAGE) HTTPS://COMPUTATIONALLEGALSTUDIES.COM/
  215. SOME OF THE EMERGING ELEMENTS (INCLUDING COMBINATIONS THEREOF)

  216. CRYPTO INFRASTRUCTURE INTERNET OF THINGS ARTIFICIAL INTELLIGENCE + + ETC.

    + { }
  217. None
  218. OF COURSE THERE IS A SENSE IN WHICH THE LAW

    / LEGAL INSTITUTIONS ARE ALREADY ‘COMPUTATIONAL’
  219. NAMELY, YOU CAN THINK OF EVERY INDIVIDUAL AND/OR PROCESS AS

    A FORM OF COMPUTATION …
  220. INDEED THERE ARE VIEWS AT THE BOUNDARY OF PHYSICS AND

    PHILOSOPHY WHICH EXPLORE THE NOTION OF ‘UNIVERSAL COMPUTATION’
  221. None
  222. “ …. The third interpretation, which of course is more

    controversial, arises if we imagine that the universe is itself a computer and that what it's doing is performing a computation. If this is the case, these numbers say how big that computation is — how many ops have been performed on how many bits within the horizon since the universe began. That, of course, is more controversial, and since publishing this paper I've received what is charitably described as "hate mail" from famous scientists.” https://www.edge.org/conversation/seth_lloyd-the-computational-universe Seth Lloyd, MIT Physics Interview on Edge.org
  223. None
  224. OUTSIDE OF THE CONTEXT OF BIOLOGY AND PHYSICS … MOST

    INSTITUTIONS PERFORM WHAT MIGHT BE CALLED COMPUTATION
  225. ALTHOUGH THEY HAVE BEEN GUIDED BY OR CONSTRAINED BY RULES

    (NORMS AS WELL) …
  226. THE RISE OF COMPUTATIONAL AGE IS IN PART ABOUT RECONSIDERING

    THE ROLE OF HUMAN CENTRIC EXPERTISE …
  227. AND PERHAPS THE IMPLEMENTATION OF VARIOUS RULES …

  228. None
  229. SO I VIEW THIS AS THE BROAD ARC HERE …

  230. COMPUTATIONAL Chaos + Complexity Process + Predictability Reinvention + Value

    Creation ANALOG DIGITAL
  231. SO HOW LAW WILL FIT IT ?

  232. THERE IS AT LEAST TWO DIMENSIONS TO THIS …

  233. HOW COMPUTATIONAL METHODS MIGHT ASSIST EXISTING SYSTEMS? HOW LAW MIGHT

    BE IMPLEMENTED IN NEW COMPUTATIONAL SYSTEMS?
  234. I WOULD DIFFERENTIATE COMPUTATIONAL METHODS FROM OTHER QUANT METHODS IF

    THEY ORIGINATE IN COMP SCI
  235. PROGRAMMING LANGUAGES MACHINE LEARNING NATURAL LANGUAGE PROCESSING NETWORK SCIENCE EXAMPLES

  236. None
  237. SOME USE CASES [Analog, Digital, Computational]

  238. I WILL DISCUSS A FEW EXAMPLES OF USE CASES WHERE

    COMPUTATION IS OR COULD BE INCREASINGLY BROUGHT TO BEAR
  239. THESE ARE EXAMPLES COVER BOTH PRIVATE & PUBLIC LAW

  240. AND ARE EITHER DESCRIPTIVE EXERCISES OR FOCUSED ON IMPLEMENTATION

  241. None
  242. (1) CONTRACTS / TRANSACTIONS

  243. None
  244. WHAT IS A CONTRACT ?

  245. A WAY FOR LAWYERS TO MAKE MONEY *** NEGOTIATING OVER

    EPSILON
  246. HEY LISTEN — I KID … :) **

  247. A CONTRACT IS A PROMISE OR A SET OF PROMISES

    FOR THE BREACH OF WHICH THE LAW GIVES A REMEDY, OR THE PERFORMANCE OF WHICH THE LAW IN SOME WAY RECOGNIZES AS A DUTY. RESTATEMENT (SECOND) OF CONTRACTS § 1
  248. 1L LAW SCHOOL CONTRACTS BIG THEMES /IDEAS OFFER ACCEPTANCE CONSIDERATION

    DURESS FRAUD CAPACITY PUBLIC POLICY UNCONSCIONABILITY
  249. ANALOG CONTRACT BENEFITS INCOMPLETE (BOTH GOOD/BAD) INFINITELY CUSTOMIZABLE (SUBJECT TO

    OTHER LEGAL LIMITS) INTERACTS WITH DEFAULT RULES (BOTH GOOD/BAD)
  250. INCOMPLETE (BOTH GOOD/BAD) INFINITELY CUSTOMIZABLE (SUBJECT TO OTHER LEGAL LIMITS)

    INTERACTS WITH DEFAULT RULES (BOTH GOOD/BAD) ANALOG CONTRACT BENEFITS
  251. PARTIES CAN REACH A WIDE RANGE OF ARRANGEMENTS OTHER THAN

    THOSE *NOT* PERMITTED BY LAW
  252. INCOMPLETE (BOTH GOOD/BAD) INFINITELY CUSTOMIZABLE (SUBJECT TO OTHER LEGAL LIMITS)

    INTERACTS WITH DEFAULT RULES (BOTH GOOD/BAD) ANALOG CONTRACT BENEFITS
  253. THERE IS A LONG STANDING INCOMPLETENESS PROBLEM ‘CONTRACTS CANNOT SPECIFY

    WHAT IS TO BE DONE IN EVERY POSSIBLE CONTINGENCY’ https://en.wikipedia.org/wiki/Incomplete_contracts
  254. THERE IS A LONG STANDING INCOMPLETENESS PROBLEM

  255. THIS IS IN A SENSE BOTH A BENEFIT AND A

    LIMIT
  256. INCOMPLETE (BOTH GOOD/BAD) INFINITELY CUSTOMIZABLE (SUBJECT TO OTHER LEGAL LIMITS)

    INTERACTS WITH DEFAULT RULES (BOTH GOOD/BAD) ANALOG CONTRACT BENEFITS
  257. CONTRACTS EXIST RELATIVE TO THE BACKGROUND LEGAL RULES (DEFAULT RULES)

  258. None
  259. ANALOG CONTRACT LIMITS SUBJECT TO INTERPRETATION (PROBLEM NEVER GOES AWAY

    TOTALLY) EXPENSIVE TO DRAFT (CLAUSE BANKS, TEMPLATES DO REDUCE COSTS) RIGHTS / OBLIGATIONS MGMT. (TRANSLATIONAL MAPPING EXERCISE)
  260. TENDENCY TO CONVERGE ON TERMS WHICH HAVE BEEN INTERPRETED OR

    TO LEAVE TERMS ALONE THAT HAVE SEEMED TO WORK
  261. NOTE — IN THEORY, WE COULD AGREE TO AN INTERPRETER

    (INCLUDING A MACHINE OR ALGORITHM AS INTERPRETER)
  262. ANALOG CONTRACT LIMITS SUBJECT TO INTERPRETATION (PROBLEM NEVER GOES AWAY

    TOTALLY) EXPENSIVE TO DRAFT (CLAUSE BANKS, TEMPLATES DO REDUCE COSTS) RIGHTS / OBLIGATIONS MGMT. (TRANSLATIONAL MAPPING EXERCISE)
  263. CLAUSE BANKS, TEMPLATES AND OTHER STREAMLINING METHODS CAN BE USED

    TO REDUCE COSTS
  264. ANALOG CONTRACT LIMITS SUBJECT TO INTERPRETATION (PROBLEM NEVER GOES AWAY

    TOTALLY) EXPENSIVE TO DRAFT (CLAUSE BANKS, TEMPLATES DO REDUCE COSTS) RIGHTS / OBLIGATIONS MGMT. (TRANSLATIONAL MAPPING EXERCISE)
  265. RIGHTS / OBLIGATIONS MGMT. (TRANSLATIONAL MAPPING EXERCISE) WE WILL COME

    BACK TO THIS IN A MOMENT
  266. None
  267. THE CONTRACT LIFECYCLE

  268. STARTING EARLY IN THE CONTRACT LIFECYCLE

  269. WE HAVE DIGITIZED CONTRACTS IN THE SENSE THAT THEY ARE

    BORN VIA COMPUTERS
  270. BUT IN A COMMERCIAL CONTEXT CONTRACTS ARE NOT ALWAYS TAKE

    IT OR LEAVE IT
  271. INSTEAD THEY ARE THE BY PRODUCT OF NEGOTIATION BETWEEN PARTIES

    (AND THEIR LAWYERS)
  272. ON THE PATH TO AGREEMENT THEY CAN TRADE DRAFTS BACK

    AND FORTH …
  273. AND WHAT IS THE PURPOSE OF THE NEGOTIATION?

  274. LETS CALL IT ‘RISK TRANSFER TENNIS’ 15-LOVE

  275. TRADITIONALLY HUMAN REASONERS (LAWYERS) ARE THE COMPUTERS OF LEGAL RISKS

  276. BUT MANY ORGANIZATION PROVIDE (ANALOG) ASSISTANCE TO GUARDRAIL THIS PROCESS

  277. SO WHAT IS IT THAT IS PROVIDED TO GUIDE THESE

    HUMANS IN THEIR COMPUTATION?
  278. CONTRACT PLAYBOOKS

  279. WHAT IS A CONTRACT PLAYBOOK ?

  280. MIXTURE OF RULES AND DATA REGARDING HOW TO NEGOTIATE AN

    AGREEMENT
  281. BUT WHAT IF WE WANT TO IMPLEMENT A COMPUTATIONAL VERSION

    OF THIS IDEA
  282. WE WOULD NEED DATA EXHAUST

  283. AND WHERE IS THE DATA EXHAUST FROM THIS NEGOTIATION PROCESS

    ?
  284. MS WORD AND EMAIL ARE OFTEN THE CONTRACT NEGOTIATION PLATFORMS

  285. SO THE FRONTIER HERE IS

  286. Need to connect ‘moves’ to language CONTRACT ALPHAGO ?

  287. Self Negotiation Legal Turing Test ? (Remember we can and

    should still have humans audit the results)
  288. GOING TO TAKE YOU IN THE DIRECTION OF NATURAL LANGUAGE

    PROCESSING + REINFORCEMENT LEARNING + RULES ENGINE
  289. None
  290. CONTRACTS

  291. WHAT ARE SOME EXAMPLES OF DATA IN CONTRACTS ?

  292. TOKENS CLAUSES DEFINITIONS

  293. PARTIES COUNTERPARTIES 3RD PARTIES GEOPOLITICAL ENTITIES OTHER NAMED ENTITIES

  294. LATENT OR EXPLICIT ENTAILMENT (GRAPH DATA) BOTH WITHIN A DOCUMENT

    AND ACROSS DOCUMENTS
  295. None
  296. BUT CONTRACTS ARE OBVIOUSLY MORE THAN JUST DATA …

  297. CONTRACTS SPECIFY A HIGHER ORDER RANGE OF RELATIONSHIPS BETWEEN ENTITIES

  298. CONTRACTS FEATURE DATA, RULES, REFERENCES, COMPUTATIONS, OBLIGATIONS, ETC.

  299. CONTRACTS WANT TO BE COMPUTABLE …

  300. BECAUSE CONTRACTS ARE ALREADY (PARTIALLY) COMPUTABLE …

  301. None
  302. https://www.sec.gov/Archives/edgar/data/1599947/000156761917002200/s001920x1_ex10-1.htm

  303. https://www.sec.gov/Archives/edgar/data/1599947/000156761917002200/s001920x1_ex10-1.htm

  304. https://www.sec.gov/Archives/edgar/data/1599947/000156761917002200/s001920x1_ex10-1.htm

  305. https://www.sec.gov/Archives/edgar/data/1599947/000156761917002200/s001920x1_ex10-1.htm this clause calls for a computation

  306. https://www.sec.gov/Archives/edgar/data/1599947/000156761917002200/s001920x1_ex10-1.htm this clause is also an obligation

  307. https://www.sec.gov/Archives/edgar/data/1599947/000156761917002200/s001920x1_ex10-1.htm but … it requires both internal and external data

  308. None
  309. https://www.bls.gov/cpi/ Notice the combo of rules and data here

  310. https://www.bls.gov/cpi/ The explicit rules are the computations called for in

    the text The implicit rules are the ones that the human reasoner used to ‘entail’ or link the passages of text (internal to document) as well as recognize that the CPI was a ‘named entity’ external to the document
  311. None
  312. CONTRACTS WANT TO BE COMPUTABLE …

  313. CONTRACTS WANT TO BE ABLE TO PUSH AND PULL DATA

    …. stored legal work product
  314. None
  315. WHAT IS LIBOR ?

  316. THERE WAS A LIBOR MANIPULATION SCANDAL THE RATE IS GOING

    TO SUNSET
  317. $200 - 400 TRILLION OF NOTIONAL VALUE IS TIED TO

    THE LIBOR RATE
  318. 46

  319. IF CONTRACTS WERE STRUCTURED DATA OBJECTS THEN THINGS LIKE THIS

    WOULD NOT BE SO DIFFICULT …
  320. r-bank%Offered%Rate%is%the% st%rates%es9mated%by%each% nks%in%London%that%it%would% it%to%borrow%from%other% y%abbreviated%to%LIBOR,%or% %ICE%LIBOR%(for% Exchange%Libor).”% t%is%LIBOR?%

  321. “EY estimates that EACH bank will need to spend $300m+

    over the next three years …"
  322. https://www.artificiallawyer.com/2022/02/10/how-elevate- worked-with-clifford-chance-on-its-libor-project/

  323. UP NEXT IT IS TIME FOR SOFR

  324. None
  325. AS WE HAVE ARRIVED TO THE ‘DIGITAL ERA’ AND PUT

    THINGS ONLINE WE OFTEN DID LITTLE TO RETHINK THE UNDERLYING EXERCISE …
  326. FOR EXAMPLE, EVEN TODAY CONTRACTS ARE ANALOG OBJECTS STORED IN

    A DIGITAL MEDIUM
  327. CHAOS + COMPLEXITY

  328. CHAOS + COMPLEXITY PROCESS + PREDICTABILITY

  329. Contract Management Dashboard Open Contracts for Review 150 11.7% compared

    to 170 this time last year Contracts by Type NDA’s Master Service Agreements Contracts Reviewed (YTD) 1798 9.3.% compared to 1983 this time last year Inputed Risk Mitigated $6.4M 30.0% compared to $5M this time last year Average Cycle Time (YTD) 19 days 26.7% compared to 15 days last year Total Value of All Contracts $600.2M 29.6% compared to $500M this time last year Software Licenses Sales Agreements 602 426 246 312 Global Filters from 01/01/2017 Status to 12/31/2017 Practice Matter Type 0 7 13 20 26 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Average Contract Cycle Time Agreement Name Agreement Type Days Since Receipt Division Contracts by Complexity Low Medium High 48% 37% 15% Contracts Awaiting Review NDA Software License NDA Sales Agreement MSA John Smith HR Packet MS Jane Jones HR Packet Widget Agreement Acme Services HR IT HR Sales Team IT 3 29 8 37 56
  330. BUT WHAT ABOUT A MORE VALUABLE VERSION OF THE DRAFTING

    EXERCISE ?
  331. INSURANCE CONTRACT CONTINGENCY STORED ON BLOCKCHAIN RAW SENSOR DATA (PRIVATE

    OR PUBLIC) PREPROCESSED AND SERVED UP AI BOT REGULARLY CHECK FOR CONTINGENCY SATISFACTION IF CONTINGENCY IS SATISFIED INITIATE PAYMENT OR START AUDIT PROTOCOL OR PROCEED TO FINAL HUMAN APPROVAL
  332. None
  333. THE LATE STAGE OF THE CONTRACT LIFECYCLE

  334. None
  335. IN AN INSTITUTIONAL ENVIRONMENT NEED TO BE TRANSLATED INTO POLICIES

    PROCEDURES
  336. AS NOTED EARLIER ANALOG CONTRACTS FEATURE {RULES, OBLIGATIONS}

  337. RIGHTS / OBLIGATIONS MGMT. (TRANSLATIONAL MAPPING EXERCISE)

  338. HOW ARE THESE RIGHTS / OBLIGATIONS MANAGED POST EXECUTION ?

  339. WHICH ARE OVERSEEN BY FORMAL SYSTEMS CONTROLS REPORTING

  340. OFTEN LEVERAGING AUDITING COMPLIANCE

  341. EXAMPLE: WE AGREE TO DELETE YOUR DATA WITHIN 24 MONTHS

    OF THE TERMINATION OF THIS AGREEMENT POLICIES PROCEDURES CONTROLS REPORTING AUDITING COMPLIANCE
  342. None
  343. (2) DISPUTE RESOLUTION

  344. RICHARD SUSSKIND HIGHLIGHTS THIS QUESTION OF THE COURT AS PLACE

    OR COURT AS A SERVICE
  345. AT LEAST AS IT PERTAINS TO COMMERCIAL COURTS — THEY

    ARE A SERVICE
  346. DISPUTE RESOLUTION AS A SERVICE #DRAAS

  347. S O M E CO U N T R I

    E S U N D E R STA N D T H I S A S PA RT O F T H E I R I N D U ST R I A L ST R AT E GY …
  348. https://www.ft.com/content/e2e3c1e2-1e5c-4341-9901-d45aad16ab7b “There is another platform which sits hidden within nearly

    every piece of infrastructure in the UK economy — and many beyond our borders. It is called English law. English law is an asset of enormous value. It underpins the UK’s place at the heart of a number of global markets, among them those for derivatives, commodities, energy and trade finance. English law is selected because it is trusted to deal with complex outcomes in a fair manner; this trust is taken for granted.”
  349. “Due to the globalisation and digitisation of business models, an

    increasing proportion of transactions and contracts are now internationally mobile—i.e. their governing law and the jurisdiction to which they are subject are chosen by those transacting based on their attractiveness to those parties. Historically, English law has been a popular choice of governing law for many types of internationally mobile transactions. In 2019, it governed around £250bn of global mergers and acquisitions, and 40% of global corporate arbitrations. The most successful platforms of the 21st century have been digital platforms, and their value is directly related to the size of their user base. However, English law suffers from a market failure known as the free-rider problem where no entity acts as the ‘platform operator’ to grow the user base of English law and maximise the benefits. Such a ‘platform operator’ should invest in growing the user base and consider how to monetise the value of the platform. This can be delivered through a combination of technological, judicial, professional and industry expertise, alongside government involvement.”
  350. https://www.difccourts.ae/ “The Dubai International Financial Centre (DIFC) is designed to

    be a financial free zone offering a unique, independent legal and regulatory framework in order to create an environment for growth, progress and economic development in the UAE and the wider region.”
  351. S I N G A P O R E A

    S A G LO B A L H U B F O R A R B I T R AT I O N http://www.arbitration.qmul.ac.uk/research/2018/ “The 2018 Queen Mary University of London and White & Case International Arbitration Survey ranked Singapore as the third most preferred international arbitration seat in Asia seat (and 3rd Globally)”
  352. None
  353. BUT FOLLOWING THE BROADER THEME …

  354. ANALOG DIGITAL COMPUTATIONAL DISPUTE RESOLUTION DESIGNED AND IMPLEMENTED AS A

    SOFTWARE PLATFORM (WE CAN STILL HAVE HUMAN IN LOOP) PAPER RECORDS/DOCS IN PERSON PROCESSES LIGHTLY STORED CASE METADATA DIGITAL DOCS / FILINGS VIRTUAL PROCESSES ENRICHED OR FULL SCOPE DATA
  355. None
  356. THERE IS A MODERN VERSION OF LEX MERCATORIA

  357. HOW DO DISTANT STRANGERS PAY EACH OTHER VIA THE INTERNET?

    PETER THIEL AND ELON MUSK PAYPAL IN 2000
  358. ONLINE COMMERCE REQUIRES LOW FRICTION METHOD FOR RESOLVING DISPUTES SECURE

    PAYMENT
  359. None
  360. None
  361. EBAY

  362. 
 (BECAUSE IT COMBINES IDEAS FROM THE DIGITAL AND COMPUTATIONAL

    ERA) MODRIA COULD BE CALLED AN EARLY COMPUTATIONAL ERA COMPANY
  363. MODRIA WAS RECENTLY SOLD TO TYLER TECH https://www.tylertech.com/solutions-products/modria

  364. 
 TYLER TECH IS THE LARGEST PLAYER IN COURT INFORMATION

    TECHNOLOGY SPHERE https://www.tylertech.com/solutions-products/modria
  365. CAN’T WE HAVE MORE SCALABLE VERSION OF THE JUSTICE SYSTEM?

  366. CAN WE USE VASTLY ALTERNATIVE DELIVERY MODELS?

  367. FIRST WE WILL GET CHATBOTS …

  368. None
  369. ? Meet Ellie a Virtual Therapist developed at USC THE

    FIRST TRUE ROBOT LAWYER/JUDGE
  370. None
  371. THE ACADEMIC COMMUNITY NEEDS TO PLAY A *CONSTRUCTIVE* ROLE IN

    HELPING IMPLEMENT SUCH SYSTEMS
  372. BECAUSE CRITIQUES ARE EASY TO LODGE BUT THEN YOU SIMPLY

    LEAVE THE STATUS QUO WHERE MOST ARE PRICED OUT OF JUSTICE SYSTEM
  373. None
  374. (3) EXPLORING JUDICIAL DECISIONS / STATUTORY DEVELOPMENT

  375. THESE ARE DESCRIPTIVE OFFERINGS

  376. FROM A DATA PERSPECTIVE, LAW SYSTEMS FEATURE SEQUENTIALLY PRODUCED DOCUMENTS

    FEATURING
  377. TEXT/LANGUAGE CITATIONS DOC STRUCTURE ETC.

  378. THUS, THERE ARE A VARIETY OF MODELING OR REPRESENTATIONAL CHOICES

  379. None
  380. ( L E G A L ) D O C

    U M E N T S CA N A L S O B E M O D E L E D U S I N G N E T WO R K S C I E N C E ( A N D / O R N L P )
  381. A L E G A L D O C U

    M E N T E X A M P L E
  382. A L E G A L D O C U

    M E N T E X A M P L E
  383. ST I L L E A R LY STAG E

    S B U T S U C H A P P R OAC H E S H AV E B E E N A P P L I E D TO L E G A L DATA ( RT ≠ E N D O R S E M E N T )
  384. J U D I C I A L C I

    TAT I O N A N A LY S I S David G. Post and Michael B. Eisen. "How long is the coastline of the law? Thoughts on the fractal nature of legal systems." The Journal of Legal Studies 29 (2000): 545-584.
  385. J U D I C I A L C I

    TAT I O N A N A LY S I S Thomas A. Smith "The web of law." San Diego L. Rev. 44 (2007): 309. Smith (2007) U.S. Supreme Court Smith (2007) U.S. Law Reviews
  386. J U D I C I A L C I

    TAT I O N A N A LY S I S “In this article we offer a study of how a new methodological technique—network analysis— can help scholars measure how legally central a case is at the Supreme Court. James H. Fowler, Timothy R. Johnson, James F. Spriggs II, Sangick Jeon, Paul J. Wahlbeck, Network Analysis and the Law: Measuring the Legal Importance of Supreme Court Precedents, Political Analysis, 15 (3): 324–346 (July 2007)
  387. J U D I C I A L C I

    TAT I O N A N A LY S I S S I X D E G R E E S O F M A R B U R Y V M A D I S O N Bommarito II, M. J., Katz, D. M., Zelner, J. L., & Fowler, J. H. (2010). Distance measures for dynamic citation networks. Physica A: Statistical Mechanics and its Applications, 389(19), 4201-4208.
  388. By J. B. Ruhl,1 Daniel Martin Katz,2,3 Michael J. Bommarito

    II2,3 Complexity science has spread from its origins in the physical sciences into biological and social sciences (1). In- creasingly, the social sciences frame policy problems from the financial system to the food system as complex adaptive systems (CAS) and urge policy- makers to design legal solutions with CAS properties in mind. What is often poorly recognized in these initiatives is that legal systems are also complex adaptive systems (2). Just as it seems unwise to pursue regulatory measures while ignoring known CAS properties of the systems targeted for regulation, so too might failure to appreciate CAS qualities of legal systems yield policies founded upon unrealistic as- sumptions. Despite a long empirical studies tradition in law, there has been little use of complexity science. With few robust empirical studies of legal systems as CAS, researchers are left to gesture at seemingly evident assertions, with limited scientific sup- port. We outline a research agenda to help fill this knowledge gap and ad- vance practical applications. Legal systems exhibit what com- plexity scientists identify as hallmark elements of CAS (1). The diverse in- stitutions (e.g., legislatures, agencies, and courts); norms (e.g., due process, equality, and fairness); actors (e.g., legislators, bureaucrats, and judges); and instruments (e.g., regulations, injunctions, and taxes) are intercon- nected through stochastic processes (e.g., trials, negotiations, and rule- makings) with feedback mechanisms (e.g., appeals to higher courts and ju- dicial review of legislation). These are all em- bedded in hierarchical and nonhierarchical network architectures (e.g., cross-references (e.g., emergence of common-law doctrines or codified statutory law). Agents typically exercise bounded rationality, have only par- tial information, and are able to exercise only varying degrees of control on overall system behavior (2). Efforts to integrate CAS approaches to regulated systems may flounder if complex adaptive characteristics of the legal system it- self are not taken into account. For example, although natural-resources policy theorists have advocated for a new field of adaptive management based on an understanding and judicial systems (4). CAS approaches can allow modeling of interconnections in this system of systems that can be difficult to capture in simple models (1). Minor changes in network structure may lead to cascade ef- fects throughout the systems. By leveraging traditional methods, it is difficult to isolate instability and systemic risk in other social systems from instability and systemic risk in the legal system. Regulatory system failure was a factor in the 2008 financial crisis (5) and the Deepwater Horizon oil spill (6). THEORY, ANALYSIS, APPLICATION Application of informatics and big-data– styled research to law offers many potential benefits for conventional empirical legal studies. The CAS framework is neither an extension of nor a replacement for that ap- proach but a different way of envisioning systems in which agent strategies and sys- SCIENCE AND LAW Harnessing legal complexity Bring tools of complexity science to bear on improving law U.S. Supreme Court term Percentage of cases contained within giant component Giant component (%) 60 1805 1810 1810 1815 1820 1820 1825 1830 1830 1835 50 40 30 20 10 0 United States Supreme Court citation network (1805–1835) Cases are represented as nodes, citations between cases as edges. Emergence of a giant [connected] component after 1815, a hallmark phenomenon in complex systems, represents a transition from jurisprudential reliance on foreign to domestic law following the War of 1812 (4). We include all cases that had been cited at least once over the Court’s history (1791–2015). For figure code and data, see https://github.com/mjbommar/legal-complexity-science. on March 30, 2017 http://science.sciencemag.org/ Downloaded from J.B. Ruhl, Daniel Martin Katz & Michael Bommarito, Harnessing Legal Complexity, 355 Science 1377 (2017)
  389. Katz, et al (2011) American Legal Academy Katz & Stafford

    (2010) American Federal Judges Smith (2007) U.S. Supreme Court Lupu, et al (2012) EU Ct of Human Rights Post & Eisen (2000) NY Ct of Appeals
  390. T H E R E H AV E B E

    E N A N U M B E R O F E F F O RT S TO A P P LY N E T WO R K S C I E N C E A P P R OAC H E S TO CO U RT S A R O U N D T H E WO R L D . . .
  391. Lupu, Y., & Voeten, E. (2012). Precedent in international courts:

    A network analysis of case citations by the European court of human rights. British Journal of Political Science, 42(2), 413-439.
  392. Winkels, R., & de Ruyter, J. Survival of the fittest:

    network analysis of dutch supreme court cases. In International Workshop on AI Approaches to the Complexity of Legal Systems (pp. 106-115). Springer, Berlin, Heidelberg. (2011)
  393. Lettieri, N., Faro, S., Malandrino, D., Faggiano, A., & Vestoso,

    M. (2015). Network, Visualization, Analytics. A Tool Allowing Legal Scholars to Experimentally Investigate EU Case Law. In AI Approaches to the Complexity of Legal Systems (pp. 543-555). Springer, Cham.
  394. Martin Gelter and Mathias Siems. "Networks, Dialogue or One- Way

    Traffic: An Empirical Analysis of Cross-Citations between Ten of Europe's Highest Courts." Utrecht L. Rev. 8 (2012): 88.
  395. Fjelstul, Joshua C. "The evolution of European Union law: A

    new data set on the Acquis Communautaire." European Union Politics (2019): 1465116519842947.
  396. Coupette, C. (2019). Juristische Netzwerkforschung: Modellierung, Quantifizierung und Visualisierung relationaler

    Daten im Recht. Mohr Siebeck.
  397. A L S O T H E R E I

    S T H E A P P L I CAT I O N O F N E T WO R K S C I E N C E TO STAT U TO R Y M AT E R I A L S
  398. H E R E A R E J U ST

    A F E W O F T H E E F F O RT S TO DAT E
  399. Boulet, Romain, Pierre Mazzega, and Daniele Bourcier. "A network approach

    to the French system of legal codes—part I: analysis of a dense network." Artificial Intelligence and Law 19.4 (2011): 333-355. Boulet, Romain, Pierre Mazzega, and Danièle Bourcier. "Network approach to the French system of legal codes part II: the role of the weights in a network." Artificial Intelligence and Law 26.1 (2018): 23-47.
  400. None
  401. Koniaris, Marios, Ioannis Anagnostopoulos, and Yannis Vassiliou. "Network Analysis in

    the Legal Domain: A complex model for European Union legal sources." Journal of Complex Networks 6.2 (2017): 243-268.
  402. M. Bommarito. & D. Katz. A Mathematical Approach to the

    Study of the United States Code. Physica A: Statistical Mechanics and its Applications, 389(19), 4195-4200 (2010). D. Katz & M. Bommarito. Measuring the complexity of the law: the United States Code. Artificial intelligence and law, 22(4), 337-374. (2014)
  403. H E R E W E I N V E

    ST I G AT E D A S I N G L E S N A P S H OT O F T H E 2 0 1 0 CO D E I N A N E F F O RT TO E X P LO R E I T S CO M P L E X I TY
  404. CO R P O R AT I O N S

    , A N D A N Y CO M M U N I TY C H E ST, F U N D, O R F O U N DAT I O N , O R G A N I Z E D A N D O P E R AT E D E XC LU S I V E LY F O R R E L I G I O U S , C H A R I TA B L E , S C I E N T I F I C , T E ST I N G F O R P U B L I C S A F E TY, L I T E R A RY, O R E D U CAT I O N A L P U R P O S E S , O R TO F O S T E R N AT I O N A L O R I N T E R N AT I O N A L A M AT E U R S P O R T S C O M P E T I T I O N ( B U T O N LY I F N O PA R T O F I T S AC T I V I T I E S I N VO LV E T H E P R OV I S I O N O F AT H L E T I C FAC I L I T I E S O R E Q U I P M E N T ) , O R F O R T H E P R E V E N T I O N O F C R U E LTY TO C H I L D R E N O R A N I M A L S , N O PA RT O F T H E N E T E A R N I N G S O F W H I C H I N U R E S TO T H E B E N E F I T O F A N Y P R I VAT E S H A R E H O L D E R O R I N D I V I D UA L , N O S U B STA N T I A L PA RT O F T H E AC T I V I T I E S O F W H I C H I S CA R RY I N G O N P R O PAG A N DA , O R OT H E R W I S E AT T E M P T I N G , TO I N F LU E N C E L E G I S L AT I O N ( E XC E P T A S OT H E R W I S E P R OV I D E D I N S U B S E C T I O N ( H ) ) , A N D W H I C H D O E S N OT PA RT I C I PAT E I N , O R I N T E RV E N E I N ( I N C LU D I N G T H E P U B L I S H I N G O R D I ST R I B U T I N G O F STAT E M E N T S ) , A N Y P O L I T I CA L CA M PA I G N O N B E H A L F O F ( O R I N O P P O S I T I O N TO ) A N Y CA N D I DAT E F O R P U B L I C O F F I C E . E X E M P T I O N F R O M TA X O N CO R P O R AT I O N S , C E RTA I N T R U ST S , E TC . ( 3 ) L I ST O F E X E M P T O R G A N I Z AT I O N S ( C ) §   5 0 1 T I T L E 2 6 I N T E R N A L R E V E N U E CO D E PA RT I . G E N E R A L R U L E S U B T I T L E A I N CO M E TA X E S C H A P T E R 1 . N O R M A L TA X E S A N D S U RTA X E S S U B C H A P T E R F. E X E M P T O R G A N I Z AT I O N S T E X T UA L CO N T E N T I N A H I E R A R C H I CA L T R E E
  405. C I TAT I O N N E T WO

    R K E X A M P L E : TA X E VA S I O N T I T L E 2 6 - TA X C I T E S T I T L E 1 8 - C R I M E S & C R I M I N A L P R O C E D U R E
  406. None
  407. +

  408. M. Bommarito. & D. Katz. A Mathematical Approach to the

    Study of the United States Code. Physica A: Statistical Mechanics and its Applications, 389(19), 4195-4200 (2010). +
  409. None
  410. N O W A D D T I M E

    DY N A M I C S A N D YO U G E T A N OT H E R P E R S P E C T I V E
  411. DANIEL MARTIN KATZ, CORINNA COUPETTE, JANIS BECKEDORF & DIRK HARTUNG,

    COMPLEX SOCIETIES AND THE GROWTH OF THE LAW, 10 SCIENTIFIC REPORTS 18737 (2020) CORINNA COUPETTE, JANIS BECKEDORF, DIRK HARTUNG, MICHAEL BOMMARITO, & DANIEL MARTIN KATZ, MEASURING LAW OVER TIME: A NETWORK ANALYTICAL FRAMEWORK WITH AN APPLICATION TO STATUTES AND REGULATIONS IN THE UNITED STATES AND GERMANY, FRONT. PHYS. (2021)
  412. SIGNIFICANT GROWTH IN LAWS AND REGULATIONS

  413. J U D I C I A L C I

    TAT I O N N E T WO R K S
  414. Citation Networks are Acyclic Digraphs

  415. Nodes = Cases Decided by the Supreme Court Directed Edges

    = Citations between Cases The Supreme Court Citation Network Oregon v. Elstad 470 U.S. 298 (1985) Miranda v. U.S. 384 U.S. 436 (1966) TIME Dickerson v. U.S. 530 U.S. 428 (2000)
  416. Views of the SCOTUS Citation Network Radial Layout SCOTUS Citation

    Network Horizontal Layout SCOTUS Citation Network
  417. There has Cases Decided by the Supreme Court Citations in

    the Current Year Citations from prior years watch video at https://vimeo.com/9427420
  418. https://vimeo.com/9427420 watch video at https://vimeo.com/9427420

  419. None
  420. (4) IMPLEMENTATION OF LAW (AS CODE)

  421. None
  422. THIS IDEA OF LAW AS CODE …

  423. THIS IS TRICKY AND DETAILED SUBJECT …

  424. THERE IS A THEORETICAL IDEA OF LAW AS CODE

  425. THERE IS A THEORETICAL IDEA OF LAW AS CODE

  426. THERE IS ALSO THE MORE MODEST IDEA OF LEVERAGING PRINCIPLES

    FROM PROGRAMMING
  427. BUT EVEN MORE COMPELLING IS CODE AS LAW https://www.slideshare.net/mjbommar/university- of-houston-law-and-computation-workshop

    #COMPUTATIONALLAW #IMPLEMENTATION #ENGINEERING (IMPLEMENTATION OF PRIVATE LAW OR PUBLIC LAW) MIKE BOMMARITO TALK FROM 2011
  428. None
  429. ALTHOUGH THERE HAVE BEEN EFFORTS …

  430. AUTOMATIC EMBEDDING OF STATUTES HAS PROVEN CHALLENGING …

  431. BUT SOMEHOW SOMEWAY ORGANIZATIONS HAVE TO INGEST LEGAL RULES …

  432. HERE IS THE LEGACY APPROACH … (SAME WORKFLOW VIA PAPER)

  433. GOVT. STATUTE OR REGULATION

  434. GOVT. STATUTE OR REGULATION REVIEWED BY A LAWYER WHO MIGHT

    PRODUCE A MEMO ?
  435. GOVT. STATUTE OR REGULATION REVIEWED BY A LAWYER WHO MIGHT

    PRODUCE A MEMO ? MEMO TRANSLATED BY COMPLIANCE OFFICERS TO A POLICY / PROCEDURE
  436. GOVT. STATUTE OR REGULATION REVIEWED BY A LAWYER WHO MIGHT

    PRODUCE A MEMO ? MEMO TRANSLATED BY COMPLIANCE OFFICERS TO A POLICY / PROCEDURE OVERSIGHT / REPORTING MIGHT FOLLOW (TYPICALLY VIA SPREADSHEET) LAW AS POLICY MANUAL
  437. WHEN THE EXECUTION LAYER FOR BUSINESSES WAS PEOPLE + NATURAL

    LANGUAGE …
  438. THEN THE UNDER OR MISSPECIFICATION OF LAW WAS NOT NEARLY

    AS PROBLEMATIC …
  439. None
  440. HERE IS THE LIGHTLY DIGITAL APPROACH …

  441. GOVT. STATUTE OR REGULATION REVIEWED BY A LAWYER WHO MIGHT

    PRODUCE A MEMO ? MEMO TRANSLATED BY COMPLIANCE OFFICER TO A POLICY / PROCEDURE CONSUMED BY A BUSINESS ANALYST WHO CREATES TECHNICAL REQUIREMENTS IMPLEMENTED BY ENGINEER IN SOME SYSTEM (AND MONITORED VIA REPORTING) WE ATTEMPT TO IMPLEMENT LAW INTO SOME SYSTEM OF RECORD
  442. PLENTY OF OPPORTUNITY TO GET ‘LOST IN TRANSLATION’

  443. REMEMBER THIS IS FOR A *SINGLE* LAW/REGULATION AT GIVEN MOMENT

    OF TIME
  444. HOWEVER, TIME DOES *NOT* STAND STILL

  445. IN THE MACRO ENVIRONMENT LAWS/REGULATIONS CHANGE, THEY GROW MORE INTERDEPENDENT

    Daniel Martin Katz, Corinna Coupette, Janis Beckedorf & Dirk Hartung, Complex Societies and the Growth of the Law, 10 Scientific Reports 18737 (2020) < Nature Research > Corinna Coupette, Janis Beckedorf, Dirk Hartung, Michael Bommarito, & Daniel Martin Katz, Measuring Law Over Time: A Network Analytical Framework with an Application to Statutes and Regulations in the United States and Germany, 9 Front. Phys. 658463 (2021) < Frontiers in Physics >
  446. WITH EACH *CHANGE* IN LAW/REGULATION AND THE CYCLE MAY START

    ANEW …
  447. BTW HOW DO YOU KNOW THERE HAS BEEN A CHANGE

    TO A LAW OR REGULATION ?
  448. PARTICULARLY IF YOU ARE GLOBAL COMPANY OPERATING IN JURISDICTIONS AROUND

    THE WORLD
  449. REQUIRES POLICY SURVEILLANCE

  450. POLICY SURVEILLANCE COULD BE EITHER ANALOG DIGITAL COMPUTATIONAL

  451. None
  452. THERE IS INCREASING INTEREST IN BOTH THE ACADEMIC AND COMMERCIAL

    SPHERE IN THESE VERY PRACTICAL PROBLEMS
  453. None
  454. SOME EXAMPLES IMPLEMENTATION OF CCPA / GDPR BY DESIGN

  455. MULTI STAKEHOLDER PLATFORM WHICH ALLOWS ORGANIZATIONS TO ENGAGE IN REGULATION

    LIFECYCLE MANAGEMENT
  456. ketch.com

  457. None
  458. HOW WOULD THEY KNOW WHICH DATA OBJECTS ARE PROBLEMATIC ?

  459. WHERE DO I GET THESE RULE SETS ?

  460. 3RD PARTY MARKETPLACE FOR RULE SETS WHICH CAN FUSE WITH

    CLASSIC DATA MODELS EXAMPLES CONCUR MAILCHIMP RULE SET RULE SET + DATA MODEL DATA MODEL +
  461. ABILITY TO SELL RULESETS HELPS *AMORTIZE* THE INVESTMENT IN RULESET

    DEVELOPMENT
  462. None
  463. CLOSING STATEMENT

  464. I THINK WE ARE WORKING TO TRY TO CONTRIBUTE TO

    THE IMPROVEMENT OF THE LAW …
  465. I VIEW THIS PATH TOWARD COMPUTATIONAL LAW AS A GRAND

    ENGINEERING EXERCISE
  466. WHERE WE WORK TO MAKE MORE LAW MORE FIT FOR

    PURPOSE …
  467. TO HELP SOLVE THE COMPLEX GOVERNANCE CHALLENGES OF THE 21ST

    CENTURY …
  468. Our Journey and Our Thoughts Circa 2022 daniel martin katz

    Computational Legal Studies blog | ComputationalLegalStudies.com edu | illinois tech - chicago kent law lab | TheLawLab.com page | DanielMartinKatz.com michael j bommarito blog | ComputationalLegalStudies.com corp | licens.io page | linkedin.com/in/bommarito lab | TheLawLab.com twitter | @computational twitter | @mjbommar