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Quantifying the Value of Legal Information

[Download the accompanying spreadsheet here] Quantifying the value of legal information is difficult: the most valuable commodity in a law firm is the knowledge in the minds of the people who work there, and in the written information firms produce and acquire that elucidates their work. In the event of a bankruptcy, it’s possible that the only assets left to settle debts is the art on the walls, because the value can’t be recovered from the...
Posted in: Legal Information

Cross Examining the Artificial Intelligence

As much as I’m an enthusiast for technology, including artificial intelligence, I find that my energies are far more productive discussing the limitations, challenges, and pitfalls of blinding embracing technology in law. It’s only through these discussions that we can use the technology intelligently. Most of the use of artificial intelligence to this date has been in developing predictive techniques in law, but the possibilities...
Posted in: Education & Training, Technology

If the Mouse Roared, Then the Court Whimpered

David Cheifetz I should clarify a point that I (perhaps) didn't make clear enough in the posting. I attempted to do so in the last paragraph. I am not dealing with the issue of whether the trier of fact (judge or jury) should employ some form of Bayesian analysis in deciding whether it is probable or not that some thing occurred in the past. That is not what happened in Goodman. The trial judge did not purport to apply, herself, some form of...
Posted in: Case Comment, Justice Issues, Substantive Law

Probability, Nike Trainers, and Murder: English Court Case Bars Bayes and Raises Ruckus

...Meadows Great article, however, in R-v-T do you agree that the terminology used to suggest a degree of scientific justification for the opinion from the expert, should have only been used if there were such scientific justification? David Cheifetz An Ontario trial judge (recently) used expert evidence based on a Bayesian analysis to get the plaintiff's case over the balance of probability threshold in Goodman v. Viljoen, 2011 ONSC 821....
Posted in: Practice of Law

An Excursis Into Bayes’ Theorem… More or Less

[I]f a rare event (10/1000) is reported by a very reliable witness (80/100), the chances that the rare event happened is closer to its base rate (10/1000) than the accuracy of the reliable witness (80/100) Psychology of Compliance & Due Diligence Law: “What does a 18th Century Philosopher have to Offer the 21st?“ I didn’t do well with statistics in university. Didn’t do it at all, really. Which is my loss, because...
Posted in: Miscellaneous