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 .
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
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
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)
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
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
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.”
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
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
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
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
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
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
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.”
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.”
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.”
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)”
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
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.
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
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)
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.
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)
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)
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.
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.
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)
, 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
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)
= 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)
PRODUCE A MEMO ? MEMO TRANSLATED BY COMPLIANCE OFFICERS TO A POLICY / PROCEDURE OVERSIGHT / REPORTING MIGHT FOLLOW (TYPICALLY VIA SPREADSHEET) LAW AS POLICY MANUAL
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
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 >
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![SOME USE CASES [Analog, Digital, Computational]](https://files.speakerdeck.com/presentations/fb2cce318d5646dc92e8b821576d69bc/slide_236.jpg){kind=link}
