Computational Methods in Legal Analysis

The digitization of legal texts and advances in artificial intelligence, natural language processing, text mining, network analysis, and machine learning have led to new forms of legal analysis by lawyers and law scholars. This article provides an overview of how computational methods are affecting research across the varied landscape of legal scholarship . . .

Modeling Law Search as Prediction

Law search is fundamental to legal reasoning and its articulation is an important challenge and open problem in the ongoing efforts to investigate legal reasoning as a formal process. This Article formulates a mathematical model that frames the behavioral and cognitive framework of law search as a sequential decision process . . .

Assessing the Rationale for the U.S. EPA’s Proposed “Strengthening Transparency In Regulatory Science” Rule

The U.S. Environmental Protection Agency (EPA) is considering a new policy that would prohibit the agency from issuing regulations that rely on studies whose underlying data are not publicly available. While the EPA claims it is pursuing this policy in the interest of transparency, we argue that such a prohibition would greatly hinder, rather than help, the rulemaking process . . .

Administrative Law in an Era of Partisan Volatility

Contemporary politics is characterized by a polarized national discourse,
weak party organizations, volatile control of government, and an increasingly assertive executive. These political dynamics interact with a system of administrative law inherited from different political times that is ill-suited to
addressing the risks of the current moment . . .

Sociopolitical Feedbacks and Climate Change

This Article investigates sociopolitical feedbacks in the climate-economy system. These feedbacks occur when climate change affects the social or political processes that determine mitigation or adaptation levels, which in turn affect future climate damages . . .

Computationally Assisted Participatory Rulemaking

With the increased politicization of agency rulemaking and the reduced cost of participating in the notice-and-comment rulemaking process, administrative agencies have, in recent years, found themselves deluged in a flood of public comments. In this Article, we explore how advances in natural language processing technologies can help agencies address the challenges and take advantage of the opportunities created by the recent growth of public participation in the regulatory process . . .

Bending the Law

Law search is fundamental to legal reasoning and its articulation is an important challenge and open problem in the ongoing efforts to investigate legal reasoning as a formal process. This Article formulates a mathematical model that frames the behavioral and cognitive framework of law search as a sequential decision process . . .

The Perils of Experimentation

More than eighty years after Justice Brandeis coined the phrase “laboratories of democracy,” the concept of policy experimentation retains its currency as a leading justification for decentralized governance. This Article examines the downsides of experimentation, and in particular the potential for decentralization to lead to the production of information that exacerbates public choice failures . . .