Another fascinating paper from SSRN, this one about mapping case law. I think this approach has enormous implications for everything that relies on an accurate understanding of the structure of law, including accessing legal information, and teaching law.

SSRN-The Web of Law by Thomas Smith

Michael is a librarian, webmaster, and researcher at the University of Victoria Diana M. Priestly Law Library. He has an MLS and MA (Medieval History) from the University of Toronto, and is the father of two youngsters.
[click on the author's name for more information]

up

4 Comments on “SSRN-the Web of Law by Thomas Smith”

  1. campbell says:

    Thanis for the tip about this paper, Michael – I looked at the abstract, the artic le is in 3 parts; to my thinking, the first 2 parts don't tell us anything we don't already know. To quote from the abstract:

    "Precendential authority is concentrated in a small number of cases. The vast majority of cases are rarely or never cited."

    Its the third section I think has more interest – the use of network models and citation analysis to map the trends and developments in law.

  2. Simon C says:

    Slawers with long memories will recall Louise's post at http://www.slaw.ca/2005/08/19/the-web-of-law/

  3. Simon Fodden says:

    Good to be reminded, though. Made me read it. Though Neil is right, I suppose (lacking the mathematical knowledge) that knowing and showing are two different things. This is the statistical "long tail" we've been hearing so much about on the web lately, no? What interests me is how clusters form, how the "rich get richer" when it comes to citations, and where the critical point is that means the case will be cited for certain in a judgment in the area.

    It would be interesting to see what the network looks like for cases cited in memoranda to the SC. Presumably lawyers, being quintessentially risk averse, when it comes to appeal memos, at least, will overcite — by how much, by what principles, at what cost, etc.?

  4. What I think is interesting is how this might change legal taxonomy and, generally, high-level views of the law as delivered in classrooms. If, for instance, a closely connected group of cases brings together legal concepts that are usually considered separately, say contracts and civil procedure, that would argue for new categories.

SlawTips      

SlawTips Just the Facts
Wednesday, May 16

Today’s research tip is about facts. When research is assigned to juniors (and librarians for that matter) it is important to share facts that are critical to the research. It … »»

Research

SlawTips Minimize That Darn Office Ribbon for More Room on Your Desktop
Wednesday, May 16

If you are using Office 2007 or 2010, The Ribbon is now a part of your life. Some of you will be happy about this – some of you won’t.… »»

Technology

SlawTips Manage Chaos! Create a Shared Family Calendar
Thursday, May 10

Our lives as lawyers are hectic enough even before we factor in busy family events. Accordingly our tip is to create a ‘family’ calendar where every family member can enter … »»

Practice

noted on Slaw    

MLB Selected Case Summaries    

These summaries of selected recent cases are provided each week to Slaw by Maritime Law Book.
More information.

  • Aliens - Exclusion and expulsion - Power to detain and deport - Minister’s certificate - Review - Evidence

    In 2002, Harkat was detained pursuant to a ministerial security certificate issued under the Immigration and Refugee Protection Act (IRPA) as a person inadmissible to Canada on grounds ...

  • Contracts - Formation of contract - Signing - Electronic signature

    The plaintiff expressed an interest in purchasing the defendant’s (vendor’s) condo. The parties agreed to carry on their discussions through e-mail. Following an exchange of e-mails, the plaintiff claimed that the defendant was contractually bound to ...

  • Barristers and Solicitors - Relationship with client - Confidential communications - General

    The petitioner was a Receiver appointed in March 2009 by a California court over the assets of GJB Enterprises Inc. (a “Ponzi scheme”) and its principals, the Berkes (the GJB parties). The court ordered ...

  • Practice - Costs - Funding before judgment - When interim or advance costs available

    The plaintiffs were “direct to home” satellite based subscription program providers. Rex and other defendants offered “grey market” services to Canadian residents to facilitate the unauthorized reception in Canada of the plaintiffs’ ...

TalkLaw/ParLoi    

This is a listing of a few upcoming events in Canada of interest to lawyers, law students, legal librarians, and others involved in the practice of law.

Clicking on any event in the list below will give you access to more information and to links allowing you to see the full entry and to add the event to your own calendar.

Click this link for a fuller version of the TalkLaw/ParLoi calendar of events and for instructions as to how to add events and calendars to your own calendar.