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Computational Legal Studies - Our Journey and O...

Computational Legal Studies - Our Journey and Our Thoughts 2022

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

Daniel Martin Katz

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. 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
  3. 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
  4. 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
  5. 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
  6. 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
  7. 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
  8. 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
  9. 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 )
  10. 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
  11. 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 .
  12. 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
  13. 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
  14. 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
  15. 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
  16. GUIDED BY OUR BASIC PREMISE WAS THAT ADVANCES IN COMPUTATIONAL

    TECHNOLOGIES WERE GOING TO SOMEHOW BE IMPORTANT FOR LAW
  17. BUT IT TURNS OUT IT WOULD SHOW UP IN SEVERAL

    DIFFERENT FLAVORS ON DIFFERENT TIME LINES …
  18. (1) SOCIAL SCIENCE WITH COMPUTATIONAL OVERTONES (2) SOCIAL PHYSICS WITH

    A LAW AS TOPICAL DOMAIN (3) USING COMPUTATIONAL TECHNIQUES TO CREATE #LEGALTECH APPLICATIONS
  19. (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
  20. ALL OF WHICH MOVED ‘UP AND TO THE RIGHT’ (GRANTED

    GOOGLE NGRAMS IS AN IMPERFECT MEASURE)
  21. 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
  22. I THINK THIS IS ONE OF THE BEST COLLECTION OF

    **TECHNICALLY INCLINED** LAW + COMPUTATION SCHOLARS EVER ASSEMBLED …
  23. BECAUSE TOO OFTEN THEY HAVE BACKED THE WRONG HORSES AND

    THEREBY STYMIED THE ADVANCEMENT OF THE FIELD
  24. BECAUSE IT IS PRETTY OBVIOUS (TO US AT LEAST) THAT

    LAW NEEDS A PRODUCTIVITY REVOLUTION
  25. 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 …
  26. L AW H A S A CO M P L

    E X I TY C H A L L E N G E …
  27. 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)
  28. BOTTOM LINE IS MUCH OF THIS ROAD RUNS RIGHT THROUGH

    THESE IDEAS … LAW + COMPUTATION
  29. SINCE THIS IS AN OVERVIEW TALK I WANTED TO START

    AT THE WIDEST POSSIBLE VIEW ON THINGS …
  30. OVER THE PAST 5000+ YEARS WE HAVE ENGAGED IN A

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

    TO SCALE TRUST AND LOWER TRANSACTION COSTS
  32. 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
  33. WE COULD DIVIDE UP THE PAST ~150 YEARS INTO THREE

    SEPARATE ERAS ANALOG ERA DIGITAL ERA COMPUTATIONAL ERA
  34. 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
  35. IN THE THREE MOST RECENT ERAS THERE ARE A VARIETY

    OF TRENDS WHICH ULTIMATELY LEAD US TO THE PRESENT …
  36. AND AT EACH TRANSITION THERE WAS A REQUIRED EFFORT TO

    TRANSITION OUR PRIVATE AND PUBLIC INSTITUTIONS
  37. 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
  38. AT&T WAS ACTUALLY - AMERICAN TELEPHONE AND TELEGRAPH COMPANY NETWORKED

    TELECOMMUNICATIONS FOR THOSE WHO MIGHT NOT REMEMBER
  39. ANALOG COMPUTING MACHINE AT THE LEWIS FLIGHT PROPULSION LABORATORY CIRCA

    1949 (VIA WIKIPEDIA) HTTPS://EN.WIKIPEDIA.ORG/WIKI/ANALOG_COMPUTER
  40. 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
  41. ANALOG COMPUTING MACHINE AT THE LEWIS FLIGHT PROPULSION LABORATORY CIRCA

    1949 (VIA WIKIPEDIA) HTTPS://EN.WIKIPEDIA.ORG/WIKI/ANALOG_COMPUTER
  42. AMONG THE TRANSITIONS, WE SEEK TO TAKE OUR PHYSICAL MARKETPLACES

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

    BY LOWERING THE TRANSACTION COSTS ASSOCIATED WITH FINDING BUYERS
  44. “ 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.”
  45. BUT TO DO SO WE HAD TO GRAFT OUR ANALOG

    INSTITUTIONS FOR AN ONLINE DIGITAL WORLD …
  46. IN OTHER WORDS, THIS IS NO LONGER THE DIGITAL AGE

    BUT RATHER THE EARLY COMPUTATIONAL AGE
  47. 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
  48. 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/
  49. OF COURSE THERE IS A SENSE IN WHICH THE LAW

    / LEGAL INSTITUTIONS ARE ALREADY ‘COMPUTATIONAL’
  50. INDEED THERE ARE VIEWS AT THE BOUNDARY OF PHYSICS AND

    PHILOSOPHY WHICH EXPLORE THE NOTION OF ‘UNIVERSAL COMPUTATION’
  51. “ …. 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
  52. OUTSIDE OF THE CONTEXT OF BIOLOGY AND PHYSICS … MOST

    INSTITUTIONS PERFORM WHAT MIGHT BE CALLED COMPUTATION
  53. THE RISE OF COMPUTATIONAL AGE IS IN PART ABOUT RECONSIDERING

    THE ROLE OF HUMAN CENTRIC EXPERTISE …
  54. HOW COMPUTATIONAL METHODS MIGHT ASSIST EXISTING SYSTEMS? HOW LAW MIGHT

    BE IMPLEMENTED IN NEW COMPUTATIONAL SYSTEMS?
  55. I WILL DISCUSS A FEW EXAMPLES OF USE CASES WHERE

    COMPUTATION IS OR COULD BE INCREASINGLY BROUGHT TO BEAR
  56. 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
  57. 1L LAW SCHOOL CONTRACTS BIG THEMES /IDEAS OFFER ACCEPTANCE CONSIDERATION

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

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

    INTERACTS WITH DEFAULT RULES (BOTH GOOD/BAD) ANALOG CONTRACT BENEFITS
  60. INCOMPLETE (BOTH GOOD/BAD) INFINITELY CUSTOMIZABLE (SUBJECT TO OTHER LEGAL LIMITS)

    INTERACTS WITH DEFAULT RULES (BOTH GOOD/BAD) ANALOG CONTRACT BENEFITS
  61. 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
  62. INCOMPLETE (BOTH GOOD/BAD) INFINITELY CUSTOMIZABLE (SUBJECT TO OTHER LEGAL LIMITS)

    INTERACTS WITH DEFAULT RULES (BOTH GOOD/BAD) ANALOG CONTRACT BENEFITS
  63. 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)
  64. TENDENCY TO CONVERGE ON TERMS WHICH HAVE BEEN INTERPRETED OR

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

    (INCLUDING A MACHINE OR ALGORITHM AS INTERPRETER)
  66. 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)
  67. 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)
  68. SO WHAT IS IT THAT IS PROVIDED TO GUIDE THESE

    HUMANS IN THEIR COMPUTATION?
  69. Self Negotiation Legal Turing Test ? (Remember we can and

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

    PROCESSING + REINFORCEMENT LEARNING + RULES ENGINE
  71. 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
  72. CONTRACTS WANT TO BE ABLE TO PUSH AND PULL DATA

    …. stored legal work product
  73. 46

  74. AS WE HAVE ARRIVED TO THE ‘DIGITAL ERA’ AND PUT

    THINGS ONLINE WE OFTEN DID LITTLE TO RETHINK THE UNDERLYING EXERCISE …
  75. 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
  76. 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
  77. EXAMPLE: WE AGREE TO DELETE YOUR DATA WITHIN 24 MONTHS

    OF THE TERMINATION OF THIS AGREEMENT POLICIES PROCEDURES CONTROLS REPORTING AUDITING COMPLIANCE
  78. 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 …
  79. 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.”
  80. “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.”
  81. 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.”
  82. 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)”
  83. 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
  84. HOW DO DISTANT STRANGERS PAY EACH OTHER VIA THE INTERNET?

    PETER THIEL AND ELON MUSK PAYPAL IN 2000
  85. 
 (BECAUSE IT COMBINES IDEAS FROM THE DIGITAL AND COMPUTATIONAL

    ERA) MODRIA COULD BE CALLED AN EARLY COMPUTATIONAL ERA COMPANY
  86. 
 TYLER TECH IS THE LARGEST PLAYER IN COURT INFORMATION

    TECHNOLOGY SPHERE https://www.tylertech.com/solutions-products/modria
  87. BECAUSE CRITIQUES ARE EASY TO LODGE BUT THEN YOU SIMPLY

    LEAVE THE STATUS QUO WHERE MOST ARE PRICED OUT OF JUSTICE SYSTEM
  88. ( 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 )
  89. A L E G A L D O C U

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

    M E N T E X A M P L E
  91. 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 )
  92. 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.
  93. 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
  94. 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)
  95. 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.
  96. 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)
  97. 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
  98. 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 . . .
  99. 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.
  100. 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)
  101. 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.
  102. 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.
  103. Fjelstul, Joshua C. "The evolution of European Union law: A

    new data set on the Acquis Communautaire." European Union Politics (2019): 1465116519842947.
  104. 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
  105. 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
  106. 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.
  107. 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.
  108. 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)
  109. 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
  110. 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
  111. 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
  112. +

  113. 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). +
  114. 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
  115. 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)
  116. J U D I C I A L C I

    TAT I O N N E T WO R K S
  117. 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)
  118. Views of the SCOTUS Citation Network Radial Layout SCOTUS Citation

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

    the Current Year Citations from prior years watch video at https://vimeo.com/9427420
  120. 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
  121. GOVT. STATUTE OR REGULATION REVIEWED BY A LAWYER WHO MIGHT

    PRODUCE A MEMO ? MEMO TRANSLATED BY COMPLIANCE OFFICERS TO A POLICY / PROCEDURE
  122. 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
  123. 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
  124. 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 >
  125. 3RD PARTY MARKETPLACE FOR RULE SETS WHICH CAN FUSE WITH

    CLASSIC DATA MODELS EXAMPLES CONCUR MAILCHIMP RULE SET RULE SET + DATA MODEL DATA MODEL +
  126. I THINK WE ARE WORKING TO TRY TO CONTRIBUTE TO

    THE IMPROVEMENT OF THE LAW …
  127. 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