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.
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:
Daniel Martin Katz, Network Analysis Reveals the Structural Position of Foreign Law in the Early Jurisprudence of the United States Supreme Court (Working Paper – 2014)
Yonatan Lupu & James H. Fowler, Strategic Citations to Precedent on the U.S. Supreme Court, 42 Journal of Legal Studies 151 (2013)
Michael Bommarito, Daniel Martin Katz, Jon Zelner & James Fowler, Distance Measures for Dynamic Citation Networks, 389 Physica A 4201 (2010).
Michael Bommarito, Daniel Martin 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).