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Automation & Predictive Analytics in Patent Prosecution: USPTO Implication & Policy
July 19, 2019
Artificial-intelligence technological advancements bring automation and predictive analytics into patent prosecution. The information...
July 19, 2019
Artificial-intelligence technological advancements bring automation and predictive analytics into patent prosecution. The information...
Predictive Contracting
July 18, 2019
This Article examines how contract drafters can use data on contract outcomes to inform contract design. Building on recent developments in contract data collection and analysis, the Article proposes “predictive contracting,” a new method of contracting in which contract drafters can design contracts using a technology system that helps predict the connections between contract terms and outcomes. Predictive contracting will be powered by machine learning and draw on contract data obtained from...
July 18, 2019
This Article examines how contract drafters can use data on contract outcomes to inform contract design. Building on recent developments in contract data collection and analysis, the Article proposes “predictive contracting,” a new method of contracting in which contract drafters can design contracts using a technology system that helps predict the connections between contract terms and outcomes. Predictive contracting will be powered by machine learning and draw on contract data obtained from...
What Did Wimbledon Teach Us About Genius?
July 17, 2019
Sunday’s tennis championship at Wimbledon between Novak Djokovic and Roger Federer lasted nearly five hours, a record. It finished with a 12-12 tie in the final set, triggering a first-to-seven tie breaker. For tennis fans, it was an epic struggle between legends, in a storybook setting. The weather was perfect and the hats were divine. For readers of David Epstein’s new book Range: Why Generalists Triumph in a Specialized World, however, it was an academic nail biter, a test case in a simmering...
July 17, 2019
Sunday’s tennis championship at Wimbledon between Novak Djokovic and Roger Federer lasted nearly five hours, a record. It finished with a 12-12 tie in the final set, triggering a first-to-seven tie breaker. For tennis fans, it was an epic struggle between legends, in a storybook setting. The weather was perfect and the hats were divine. For readers of David Epstein’s new book Range: Why Generalists Triumph in a Specialized World, however, it was an academic nail biter, a test case in a simmering...
Lawyers and Jurors: Interrogating Voir Dire Strategies by Analyzing Conversations
July 16, 2019
This study of individualized jury selection for 792 potential jurors across 12 North Carolina capital cases, selected with...
July 16, 2019
This study of individualized jury selection for 792 potential jurors across 12 North Carolina capital cases, selected with...
Where do we go from Here? Transformation and Acceleration of Legal Analytics in Practice
July 15, 2019
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...
July 15, 2019
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...
AALL Litigation Analytics Super Session
July 14, 2019
If you are attending the annual meeting of the American Association of Law Libraries starting Saturday in Washington, D.C., then consider attending Monday’s “super session” on the use of litigation analytics in federal and state courts. The 2.5 hour session will include three separate panels — one of which I will moderate — that will collectively take a deep dive into the current state and future course of litigation analytics. The panels are composed of a who’s who of people...
July 14, 2019
If you are attending the annual meeting of the American Association of Law Libraries starting Saturday in Washington, D.C., then consider attending Monday’s “super session” on the use of litigation analytics in federal and state courts. The 2.5 hour session will include three separate panels — one of which I will moderate — that will collectively take a deep dive into the current state and future course of litigation analytics. The panels are composed of a who’s who of people...
Entrepreneurs’ Legal Status Choices and the C Corporation Survival Penalty
July 13, 2019
Foundational to the American Dream is the ability to easily and rapidly start a new business. Over the past quarter‐century, the limited liability company (LLC) dramatically shifted the choice of legal status calculus for entrepreneurs, and in its wake a consensus against the use of traditional C corporations by closely‐held firms emerged. The C corporation, scholars argued, had fatal drawbacks despite its simplicity: tax disadvantages as well as governance inflexibility. Due to historically...
July 13, 2019
Foundational to the American Dream is the ability to easily and rapidly start a new business. Over the past quarter‐century, the limited liability company (LLC) dramatically shifted the choice of legal status calculus for entrepreneurs, and in its wake a consensus against the use of traditional C corporations by closely‐held firms emerged. The C corporation, scholars argued, had fatal drawbacks despite its simplicity: tax disadvantages as well as governance inflexibility. Due to historically...
Legal Analytics, Social Science, and Legal Fees: Reimagining “Legal Spend” Decisions in an Evolving Industry
July 12, 2019
To give you a feel for the power of legal analytics, imagine that you are the managing partner of a law firm. With a good...
July 12, 2019
To give you a feel for the power of legal analytics, imagine that you are the managing partner of a law firm. With a good...
Mandatory Arbitration and the Market for Reputation
July 11, 2019
Dr. Roy Shapira, Stigler Center, University of Chicago Booth School of Business Fellow and Radzyner Law School,...
July 11, 2019
Dr. Roy Shapira, Stigler Center, University of Chicago Booth School of Business Fellow and Radzyner Law School,...
An Empirical Study of Dispute Resolution Clauses in International Supply Contracts
July 10, 2019
International transactions present unique legal risks. When a contract touches several different nations, a party may not know where it will be called upon to defend a lawsuit or, alternatively, which nation’s law will be applied to resolve that dispute. To mitigate these risks, parties will often write dispute resolution provisions into their contracts. Arbitration clauses and forum selection clauses help to reduce uncertainty relating to forum. Choice-of-law clauses help to reduce uncertainty...
July 10, 2019
International transactions present unique legal risks. When a contract touches several different nations, a party may not know where it will be called upon to defend a lawsuit or, alternatively, which nation’s law will be applied to resolve that dispute. To mitigate these risks, parties will often write dispute resolution provisions into their contracts. Arbitration clauses and forum selection clauses help to reduce uncertainty relating to forum. Choice-of-law clauses help to reduce uncertainty...
