Reading List — Law as a Complex System [Repost from May 15th]

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Several months ago, I put together this syllabus for use in a future seminar course Law as a Complex System. This contains far more content than would be practical for the typical 2 credit seminar. However, I have decided to repost this because it could also serve as a reading list for anyone who is interested in learning more about the methodological tradition from which must of our scholarship is drawn. If you see any law related scholarship you believe should be included please feel free to email me.

Artificial Intelligence and Law — Barcelona 2009

AI & Law

Live from Barcelona, we are on the road at the International Association for Artificial Intelligence and Law.  Henry Prakken has just delivered the keynote address and we will soon be giving our presentation. The conference is interesting as it embraces a wide range of topics and intellectual traditions. For example, there is a significant emphasis on ontological reasoning, computational models of argumentation and the use of XML schemas. In addition, there are a number of folks using graph theoretic techniques and applying them to the development of the law. It has been a nice few days and we have enjoyed our time here. Tomorrow, the trip continues…. 

On the Road Again… Trip to Colorado Law School

Colorado Law

We just finished a few very interesting days at Colorado Law School. Given the intersect of Computer Program and Law is a fairly narrow set, it was great to spend sometime time at CU Law School because its faculty features two scholars with a significant programming background — Paul Ohm and Harry Surden. 

In addition to discussing CLS, we participated in a workshop on New Institutional Economics (NIE) and Law. I found this workshop very interesting as outside of my work in Computational Legal Studies, I have authored scholarship at the crossroads of New Institutionalism and Constitutional Political Economy.  For example, I have this article and this work in progress. My work follows the tradition of the Bloomington School of NIE. In two weeks, I will be presenting work in progress at ISNIE in Berkeley. 

Following the Colorado NIE Workship, we participated in the Silicon Flatirons Government 3.0 roundtable. I do not want to preempt the forthcoming white paper but I will say that it was a very worthwhile discussion.  It solidified my views on some topics and changed my mind on some others. So, the road show continues… AI & Law in Barcelona starts tomorrow… so light blogging for the next week. But as I like to say… more to come… 

Visualization of the Ideological History of the Supreme Court

USSC MQ Scores

Here is a cool visual for the Martin-Quinn Scores. For those of you not familiar, the Martin-Quinn paper and “MQ Scores” represented a significant breakthrough in the field of judicial politics. On that note, Stephen Jessee & Alexander Tahk have done a nice job both bringing their data up to date and extending their work.  For those interested, click on the visual above and check out all of the relevant links contained within this post.  

Tracking the TARP [From Information Aesthetics]

TARP

Information Aesthetics is now highlighting Subsidyscope — a project designed to track how various institutions receive federal monies.  Of particular interest is their visualization of disbursements under the Troubled Asset Relief Program (TARP). Sponsored by the PEW Charitable Trust, the site also contains .csv files for most of the underlying data.

An Exchange in Need of Empirics and an Analytical or Computational Model


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On a recent flight, I read Jeffrey Toobin’s New Yorker Article on Chief Justice Roberts entitled “No More Mr. Nice Guy”.  The exchange quoted above is drawn from this article. While I believe it is appropriate to engage empirical data where available, the underlying discussion is not one exclusively subjectable to empirical inquiry.  Rather, it is, at least in part, a question in need of a formal theoretic model. Justice Roberts and Mr. Katyal are implicitly discussing a “state of the world” not yet realized but which would be realized if the statute were not to exist. What would benefit the discussion is principled manner to adjudicate between these two inferences drawn above.  Namely, it would be useful to fully evaluate what behavior would likely follow if the statute were not to exist.

There exist a variety of mathematical modeling techniques which could inject some much needed rigor into the above discussion. To my knowledge, such an applied model has yet to be offered.  The Supreme Court’s decision in the matter is soon forthcoming. Given the nature of the exchange above, there is reason to believe that if Chief Justice Roberts prevails ….we will get our model as the “state of the world” discussed above will no longer be hypothetical…. 

Measuring the Centrality of Federal Judges

Centrality of Federal Judges

Above are some graph statistics from our paper Hustle and Flow: A Social Network Analysis of the American Federal Judiciary.  The paper measures the aggregated window of 1995-2005. These, of course, are not the only measures of centrality but they are commonly used in the network science literature. If you are interested — click through to the paper for a description of how these measures are calculated.  

We believe these and other elements of the paper offer a good cut on the question of social prestige within the American Federal Judiciary. For example, in the paper we offer a graph visualization where Judge now Justice Alito as well as Judge turned Attorney General Michael Mukasey occupy an extremely central social position (just outside of the Top 25).  We think this is useful because their social prestige is measured at a time period prior to their respective nominations. With appropriate control variables for the respective office in question … perhaps we might have been able to predict their nomination?

For purposes of the current Supreme Court opening and conditioned on the selection of a lower court justice with “blue team” credentials, we believe these graph statistics indicate Judge Sonia SotomayorJudge Merrick Garland , Judge William Fletcher & Judge David Tatel all occupy high levels of social prestige among their fellow judges and justices. Debate regarding qualifications of various individuals is likely to continue. While certainly not dispositive, we thought it appropriate to offer some social scientific evidence on the question.  

President Obama might go outside the tradtional Federal Court of Appeals judge on this round. For example, Governor Jennifer Granholm, Solicitor General Elena Kagan and Homeland Security Secretary Janet Napolitano appear to be on the short list. However, keep these names in mind as this is probably not President Obama’s last nomination to the high court.