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Jun 10

A Computational Analysis of Oral Argument in the Supreme Court

As the most public component of the Supreme Court's decision-making process, oral argument receives an out-sized share of attention in the popular media. Despite its prominence, however, the basic function and operation of oral argument as an institution remains poorly understood, as political scientists and legal scholars continue to debate even the most fundamental questions about its role. Past study of oral argument has tended to focus on discrete, quantifiable attributes of oral argument, such as the number of questions asked to each advocate, the party of the Justices' appointing president, or the ideological implications of the case on appeal. Such studies allow broad generalizations about oral argument and judicial decision making: Justices tend to vote in accordance with their ideological preferences, and they tend to ask more questions when they are skeptical of a party's position. But they tell us little about the actual goings on at oral argument -- the running dialog between Justice and advocate that is the heart of the institution. This Article fills that void, using machine learning techniques to, for the first time, construct predictive models of judicial decision making based not on oral argument's superficial features or on factors external to oral argument, such as where the case falls on a liberal-conservative spectrum, but on the actual content of the oral argument itself -- the Justices' questions to each side. The resultant models offer an important new window into aspects of oral argument that have long resisted empirical study, including the Justices' individual questioning styles, how each expresses skepticism, and which of the Justices' questions are most central to oral argument dialog.

  • 1 authors
·
Jun 5, 2023

LegalVis: Exploring and Inferring Precedent Citations in Legal Documents

To reduce the number of pending cases and conflicting rulings in the Brazilian Judiciary, the National Congress amended the Constitution, allowing the Brazilian Supreme Court (STF) to create binding precedents (BPs), i.e., a set of understandings that both Executive and lower Judiciary branches must follow. The STF's justices frequently cite the 58 existing BPs in their decisions, and it is of primary relevance that judicial experts could identify and analyze such citations. To assist in this problem, we propose LegalVis, a web-based visual analytics system designed to support the analysis of legal documents that cite or could potentially cite a BP. We model the problem of identifying potential citations (i.e., non-explicit) as a classification problem. However, a simple score is not enough to explain the results; that is why we use an interpretability machine learning method to explain the reason behind each identified citation. For a compelling visual exploration of documents and BPs, LegalVis comprises three interactive visual components: the first presents an overview of the data showing temporal patterns, the second allows filtering and grouping relevant documents by topic, and the last one shows a document's text aiming to interpret the model's output by pointing out which paragraphs are likely to mention the BP, even if not explicitly specified. We evaluated our identification model and obtained an accuracy of 96%; we also made a quantitative and qualitative analysis of the results. The usefulness and effectiveness of LegalVis were evaluated through two usage scenarios and feedback from six domain experts.

  • 4 authors
·
Mar 3, 2022

GPT Takes the Bar Exam

Nearly all jurisdictions in the United States require a professional license exam, commonly referred to as "the Bar Exam," as a precondition for law practice. To even sit for the exam, most jurisdictions require that an applicant completes at least seven years of post-secondary education, including three years at an accredited law school. In addition, most test-takers also undergo weeks to months of further, exam-specific preparation. Despite this significant investment of time and capital, approximately one in five test-takers still score under the rate required to pass the exam on their first try. In the face of a complex task that requires such depth of knowledge, what, then, should we expect of the state of the art in "AI?" In this research, we document our experimental evaluation of the performance of OpenAI's `text-davinci-003` model, often-referred to as GPT-3.5, on the multistate multiple choice (MBE) section of the exam. While we find no benefit in fine-tuning over GPT-3.5's zero-shot performance at the scale of our training data, we do find that hyperparameter optimization and prompt engineering positively impacted GPT-3.5's zero-shot performance. For best prompt and parameters, GPT-3.5 achieves a headline correct rate of 50.3% on a complete NCBE MBE practice exam, significantly in excess of the 25% baseline guessing rate, and performs at a passing rate for both Evidence and Torts. GPT-3.5's ranking of responses is also highly-correlated with correctness; its top two and top three choices are correct 71% and 88% of the time, respectively, indicating very strong non-entailment performance. While our ability to interpret these results is limited by nascent scientific understanding of LLMs and the proprietary nature of GPT, we believe that these results strongly suggest that an LLM will pass the MBE component of the Bar Exam in the near future.

  • 2 authors
·
Dec 29, 2022

Mining Legal Arguments to Study Judicial Formalism

Courts must justify their decisions, but systematically analyzing judicial reasoning at scale remains difficult. This study tests claims about formalistic judging in Central and Eastern Europe (CEE) by developing automated methods to detect and classify judicial reasoning in decisions of Czech Supreme Courts using state-of-the-art natural language processing methods. We create the MADON dataset of 272 decisions from two Czech Supreme Courts with expert annotations of 9,183 paragraphs with eight argument types and holistic formalism labels for supervised training and evaluation. Using a corpus of 300,511 Czech court decisions, we adapt transformer LLMs to Czech legal domain through continued pretraining and we experiment with methods to address dataset imbalance including asymmetric loss and class weighting. The best models can detect argumentative paragraphs (82.6% Bal-F1), classify traditional types of legal argument (77.5% Bal-F1), and classify decisions as formalistic/non-formalistic (83.8% Bal-F1). Our three-stage pipeline combining ModernBERT, Llama 3.1, and traditional feature-based machine learning achieves promising results for decision classification while reducing computational costs and increasing explainability. Empirically, we challenge prevailing narratives about CEE formalism. We demonstrate that legal argument mining enables promising judicial philosophy classification and highlight its potential for other important tasks in computational legal studies. Our methodology can be used across jurisdictions, and our entire pipeline, datasets, guidelines, models, and source codes are available at https://github.com/trusthlt/madon.

  • 6 authors
·
Dec 12, 2025