The Sunday New York Times features an article by Adam Liptak assessing the conservatism of Robert Court. The article features some good coverage for some of the leading law and political science scholars who study the United States Supreme Court. Well worth the read!
Jerry Goldman (Northwestern/ Oyez Project) has recently released a great app for those wanting to quickly access SCOTUS case summaries and/or audio recordings from their Iphones. The top 100 constitutional law cases are made available for free–thanks to the good folks at Justia. Those looking for the full 600+ cases can access them for the low price of $4.99.
Here is the complete description – “PocketJustice brings the U.S. Supreme Court down to earth through abstracts of the Court’s constitutional decisions and access to its public sessions. The application includes voting alignments and biographical sketches for all justices. PocketJustice harnesses recordings of the Court’s public proceedings to deliver hundreds of hours of oral arguments and opinion announcements. In many of these cases, PocketJustice provides synchronized, searchable transcripts identifying all speakers. This version offers information and audio for the top 100 constitutional law cases. The complete version ($ 4.99) provides information and audio for all 600+ constitutional law cases in the Supreme Court canon.”
Along with a non-trivial subset of the legal blogosphere, we eagerly await the Supreme Court’s decision in the Bilski case. Perhaps tomorrow will be the day? In the meantime, here are a variety of thoughts on the matter. Bilski Blog / EFF / Now Europe / PatentlyO / GenomicsLawReport / Ipwatchdog / Fenwick&West / InsideCounsel. This one from Greg Laden is also fun.
Still no announcement from the White House but there has been some movement over at Intrade … Click Here for Most Recent Chart [From Intrade.com]
Thanks to Carl Malamud and the good folks at the University of Colorado Law School and University of Texas Law School for allowing us to participate in their respective law.gov meetings. For those interested in governmental transparency, we believe that Carl Malamud’s on-going national conversation is very important. The video above represents a fixed spaced movie combining the majority of the slides we presented at the two meetings. If the video will not load, click here to access the YouTube Version of the Slides. Enjoy!
The above image is a visualization of temporal citation patterns in the history of the United States Supreme Court. Each case is placed horizontally across the image in chronological order. We then draw citations between cases as curved arcs. We use three distinct arc colors to show qualitative differences between these citations:
Though there are many ways to interpret this data, we wanted to provide three simple conclusions to draw:
The United States Supreme Court has recently launched its newly redesigned website. Given the significant limitations associated with the prior website, this launch had been highly anticipated. Indeed, many had hoped for a website that would reflect well upon the Court. While we applaud the decision to move away from the prior design, a review of the Court’s new website reveals a product which still falls far below the mark.
One of the very disappointing aspects of the new interface is that it appears to have been created with little regard for the overtures offered by folks such as the Sunlight Foundation. Specifically, in an effort to improve the experience of end users, the Sunlight Foundation offered a very constructive mockup redesign for the website. Unfortunately, the current redesign does not reflect most of their ideas.
For those interested in additional thoughts on this matter, the good folks over at Law Librarian Blog offer a number of constructive suggestions for improvements. These include unlocking PDF documents by simultaneously making their content available in friendly formats such as XML / HTML. Anyway, we hope that this is merely one step in the direction of genuine improvement …. but given the current state of affairs … the path to a 21st century website for the United States Supreme Court looks to be quite long.
What are some of the key takeaway points?
(1) The Supreme Court’s increasing reliance upon its own decisions over the 1800-1830 window.
(2) The important role of maritime/admiralty law in the early years of the Supreme Court’s citation network. At least with respect to the Supreme Court’s citation network, these maritime decisions are the root of the Supreme Court’s jurisprudence.
(3) The increasing centrality of decisions such as Marbury v. Madison, Martin v. Hunter’s Lessee to the overall network.
The Development of Structure in the SCOTUS Citation Network
The visualization offered above is the largest weakly connected component of the citation network of the United States Supreme Court (1800-1829). Each time slice visualizes the aggregate network as of the year in question.
In our paper entitled Distance Measures for Dynamic Citation Networks, we offer some thoughts on the early SCOTUS citation network. In reviewing the visual above note ….“[T]he Court’s early citation practices indicate a general absence of references to its own prior decisions. While the court did invoke well-established legal concepts, those concepts were often originally developed in alternative domains or jurisdictions. At some level, the lack of self-reference and corresponding reliance upon external sources is not terribly surprising. Namely, there often did not exist a set of established Supreme Court precedents for the class of disputes which reached the high court. Thus, it was necessary for the jurisprudence of the United States Supreme Court, seen through the prism of its case-to-case citation network, to transition through a loading phase. During this loading phase, the largest weakly connected component of the graph generally lacked any meaningful clustering. However, this sparsely connected graph would soon give way, and by the early 1820’s, the largest weakly connected component displayed detectable structure.”
What are the elements of the network?
What are the labels?
To help orient the end-user, the visualization highlights several important decisions of the United States Supreme Court offered within the relevant time period:
Marbury v. Madison, 5 U.S. 137 (1803) we labeled as ”Marbury”
Murray v. The Charming Betsey, 6 U.S. 64 (1804) we labeled as “Charming Betsey”
Martin v. Hunter’s Lessee, 14 U.S. 304 (1816) we labeled as “Martin’s Lessee”
The Anna Maria, 15 U.S. 327 (1817) we labeled as “Anna Maria”
McCulloch v. Maryland, 17 U.S. 316 (1819) we labeled as “McCulloch”
Why do cases not always enter the visualization when they are decided?
As we are interested in the core set of cases, we are only visualizing the largest weakly connected component of the United States Supreme Court citation network. Cases are not added until they are linked to the LWCC. For example, Marbury v. Madison is not added to the visualization until a few years after it is decided.
How do I best view the visualization?
Given this is a high-definition video, it may take few seconds to load. We believe that it is worth the wait. In our view, the video is best consumed (1) Full Screen (2) HD On (3) Scaling Off.
Where can I find related papers?
Here is a non-exhaustive list of related scholarship:
Michael Bommarito, Daniel Katz, Jon Zelner & James Fowler, Distance Measures for Dynamic Citation Networks, Physica A __ (2010 Forthcoming).
Yonatan Lupu & James Fowler, The Strategic Content Model of Supreme Court Opinion Writing, APSA 2009 Toronto Meeting Paper.
Michael Bommarito, Daniel Katz & Jon Zelner, Law as a Seamless Web? Comparison of Various Network Representations of the United States Supreme Court Corpus (1791-2005) in Proceedings of the 12th Intl. Conference on Artificial Intelligence and Law (2009).
Frank Cross, Thomas Smith & Antonio Tomarchio, The Reagan Revolution in the Network of Law, 57 Emory L. J. 1227 (2008).
James Fowler & Sangick Jeon, The Authority of Supreme Court Precedent, 30 Soc. Networks 16 (2008).
Elizabeth Leicht, Gavin Clarkson, Kerby Shedden & Mark Newman, Large-Scale Structure of Time Evolving Citation Networks, 59 European Physics Journal B 75 (2007).
Thomas Smith, The Web of the Law, 44 San Diego L.R. 309 (2007).
James Fowler, Timothy R. Johnson, James F. Spriggs II, Sangick Jeon & Paul J. Wahlbeck, Network Analysis and the Law: Measuring the Legal Importance of Precedents at the U.S. Supreme Court, 15 Political Analysis, 324 (2007).
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The Development of Structure in the Citation Network of the United States Supreme Court — Now in HD! from Computational Legal Studies on Vimeo.
What are some of the key takeaway points?
(1) The Supreme Court’s increasing reliance upon its own decisions over the 1800-1830 window.
(2) The important role of maritime/admiralty law in the early years of the Supreme Court’s citation network. At least with respect to the Supreme Court’s citation network, these maritime decisions are the root of the Supreme Court’s jurisprudence.
(3) The increasing centrality of decisions such as Marbury v. Madison, Martin v. Hunter’s Lessee to the overall network.
The Development of Structure in the SCOTUS Citation Network
The visualization offered above is the largest weakly connected component of the citation network of the United States Supreme Court (1800-1829). Each time slice visualizes the aggregate network as of the year in question.
In our paper entitled Distance Measures for Dynamic Citation Networks, we offer some thoughts on the early SCOTUS citation network. In reviewing the visual above note ….“[T]he Court’s early citation practices indicate a general absence of references to its own prior decisions. While the court did invoke well-established legal concepts, those concepts were often originally developed in alternative domains or jurisdictions. At some level, the lack of self-reference and corresponding reliance upon external sources is not terribly surprising. Namely, there often did not exist a set of established Supreme Court precedents for the class of disputes which reached the high court. Thus, it was necessary for the jurisprudence of the United States Supreme Court, seen through the prism of its case-to-case citation network, to transition through a loading phase. During this loading phase, the largest weakly connected component of the graph generally lacked any meaningful clustering. However, this sparsely connected graph would soon give way, and by the early 1820’s, the largest weakly connected component displayed detectable structure.”
What are the elements of the network?
What are the labels?
To help orient the end-user, the visualization highlights several important decisions of the United States Supreme Court offered within the relevant time period:
Marbury v. Madison, 5 U.S. 137 (1803) we labeled as ”Marbury”
Murray v. The Charming Betsey, 6 U.S. 64 (1804) we labeled as “Charming Betsey”
Martin v. Hunter’s Lessee, 14 U.S. 304 (1816) we labeled as “Martin’s Lessee”
The Anna Maria, 15 U.S. 327 (1817) we labeled as “Anna Maria”
McCulloch v. Maryland, 17 U.S. 316 (1819) we labeled as “McCulloch”
Why do cases not always enter the visualization when they are decided?
As we are interested in the core set of cases, we are only visualizing the largest weakly connected component of the United States Supreme Court citation network. Cases are not added until they are linked to the LWCC. For example, Marbury v. Madison is not added to the visualization until a few years after it is decided.
How do I best view the visualization?
Those interested in viewing the full screen video—click on the full screen icon contained in the Vimeo bottom banner. Check out the NEW Hi-Def (HD) version of the video!
