A decade ago we proposed the use of the tools of corpus linguistics in the interpretation of legal language.
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We benefited from discussions with colleagues at a University of Chicago Law School workshop and with Concetta Balestra Fagan and Eliot Levmore.
When the past is thought to predict the future, it is unsurprising that machine learning, with access to large data sets, wins prediction contests when competing against an individual, including a judge. Just as computers predict next week’s weather better than any human working alone, at least one study shows that machine learning can make better decisions than can judges when deciding whether or not to grant bail.
This Article is dedicated to my former law professor, Larry Echo Hawk, a member of the Pawnee Nation and Assistant Secretary of the Interior for Indian Affairs for President Barack Obama. I am greatly indebted to those who have provided helpful insights and comments on earlier drafts and underlying research, including Akhil Amar, Jack Balkin, William Baude, Steve Calabresi, Bradford Clark, Nicholas Cole, William Ewald, Lawrence Friedman, Shlomo Klapper, David Landau, Soren Schmidt, Michalyn Steele, Larry Solum, and Kevin Worthen. I thank my parents, John B. Updike and V. Lauri Updike, for acting as technical editors, and the very able editors of The University of Chicago Law Review. My heartfelt thanks also goes to Lee Arnold at the Historical Society of Pennsylvania for providing access to James Wilson’s Papers and particularly his drafts of the Constitution, and to Julie Miller, Julie Biggs, and Jennifer Evers from the Conservation Division of the Library of Congress for providing images and doing further forensic research of Randolph’s sketch. Finally, my thanks go to the indispensable Yale Law librarians, who never cease to lend valuable and timely assistance.
Billy Jo Lara, a Turtle Mountain Native American, struck a federal officer on the Spirit Lake Reservation.
For helpful comments and conversations, I would like to thank Lynn Baker, Ben Berry, Brian Broughman, Elizabeth Cabraser, Brian Fitzpatrick, Todd Hilsee, Lee Kovarsky, Craig Lewis, Debbie Matties, Robert Mikos, David Siffert, Charlie Silver, Randall Thomas, Yesha Yadav, participants and panelists at the FTC’s workshop on Consumers and Class Action Notices, participants at Vanderbilt Law School’s 22nd Annual Law & Business Conference, and students enrolled in the University of Texas’s Colloquium on Current Issues in Complex Litigation. I am grateful to Regan Vicknair for excellent research assistance.
Class actions, brought on an opt-out basis under Federal Rule of Civil Procedure 23(b)(3) and state analogues, are highly controversial.
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