The Utah Supreme Court voted unanimously yesterday to approve the recommendations of a work group that called for “profoundly reimagining the way legal services are regulated in order to harness the power of entrepreneurship, capital, and machine learning in the legal arena.”
In an email, Supreme Court Justice Deno Himonas, who cochaired the Utah Work Group on Regulatory Reform, said that the court voted unanimously to pursue the recommendations laid out in the work group’s report.
I have been totally remiss in singing the praises of Michael’s new article coming out shortly in the University of Chicago Law Reviewand now, as I am getting ready for class and rereading it, I want to recommend it even more. It’s wonderful empirical work–both creative and comprehensive–with a real impact for what lawyers should know and policy-makers should find troubling. I’ll be teaching this in both my ADR and Ethics classes. Here is the link. And here...
The nature of legal services is drastically changing given the rise in the use of artificial intelligence and machine learning. Legal education and training models are beginning to recognize the need to incorporate skill building in data and technology platforms, but they have lost sight of a core competency for lawyers: problem-solving and decision-making skills to counsel clients on how best to meet their desired goals and needs. In 2014, Amani Smathers introduced the legal field to the concept...
Novelist Raymond Chandler once said, “The law isn’t justice. It’s a very imperfect mechanism. If you press exactly the right buttons and are also lucky, justice may show up in the answer.” A new book by Bruce Cannon Gibney, a litigator turned venture capitalist, gives credence to that idea. The Nonsense Factory: The Making and Breaking of the American Legal System looks at how jurisprudence has decayed over the last 70 years as laws have become needlessly complex, clouded by politics...
The advantages of evidence-based decision-making in the practice and theory of law should be obvious: Don’t make arguments to judges that seldom persuade; Jurisprudential analysis ought to align with sound social science; Attorneys should pitch legal work to clients that demonstrably need it. Despite the appearance of simplicity, there are practical and attitudinal barriers to finding and incorporating data into the practice of law.
This article evaluates the current technologies and systems...
Here is a question I've never thought about before: Are lawyers citing the best cases to courts? In other words, do the courts use the cases cited in the briefs, and how often do the courts use cases not mentioned in any brief? The answer may surprise you!
Kevin Bennardo & Alexa Chew (UNC), Citation Stickiness.
"This Article is an empirical study of what we call citation stickiness. A citation is sticky if it appears in one of the parties’ briefs and then again in the court’s...