scholarly journals Simulating Subject Communities in Case Law Citation Networks

2021 ◽  
Vol 9 ◽  
Author(s):  
Jerrold Soh Tsin Howe

We propose and evaluate generative models for case law citation networks that account for legal authority, subject relevance, and time decay. Since Common Law systems rely heavily on citations to precedent, case law citation networks present a special type of citation graph which existing models do not adequately reproduce. We describe a general framework for simulating node and edge generation processes in such networks, including a procedure for simulating case subjects, and experiment with four methods of modelling subject relevance: using subject similarity as linear features, as fitness coefficients, constraining the citable graph by subject, and computing subject-sensitive PageRank scores. Model properties are studied by simulation and compared against existing baselines. Promising approaches are then benchmarked against empirical networks from the United States and Singapore Supreme Courts. Our models better approximate the structural properties of both benchmarks, particularly in terms of subject structure. We show that differences in the approach for modelling subject relevance, as well as for normalizing attachment probabilities, produce significantly different network structures. Overall, using subject similarities as fitness coefficients in a sum-normalized attachment model provides the best approximation to both benchmarks. Our results shed light on the mechanics of legal citations as well as the community structure of case law citation networks. Researchers may use our models to simulate case law networks for other inquiries in legal network science.

Author(s):  
Elif Köse ◽  
Derya Seyman ◽  
Figen Sarigül-Yildirim ◽  
Tennur Yerlisu-Lapa ◽  
Evren Tercan-Kaas

Background: Exercise is believed to play an important role in maintaining functionality in patients with HIV and it is thought that researchers are increasingly interested in this field. We aimed to shed light on the historical development of research on HIV and exercise by utilizing visual mapping method. Methods: Overall, 1051 articles retrieved from Web of Science (WoS) core database were analyzed according to the publication year and language, number of issues, citation, country collaborations, co-citation networks and concept–topic trends by using CiteSpace software. Results: The United States played a key role in country collaborations, and had the highest citation burst. The most cited studies were meta-analysis studies. The studies gathered mainly around the clusters named “physical activity” and “metabolic abnormalities” meanwhile, the recent topics of research were heart failure, metabolism, comorbidity, Ethiopia, muscle, cardiovascular event and drug user. Conclusion: The reason why USA was found to be one of the key actors in the network is supposed to be the financial resources it can allocate for the studies conducted. It appears that the majority of the studies in the field dwell upon the impact of exercise on the physical parameters in HIV patients, whereas there are only a limited number of studies focusing on the impact of exercise on HIV-induced psychological and cognitive problems. Recent studies on neurocognitive impairment, on the other hand, are predictive of possible future popularity of such topics among researchers.


1996 ◽  
Vol 1 (1) ◽  
pp. 3-24 ◽  
Author(s):  
Alan Rodger

This article is the revised text of the first W A Wilson Memorial Lecture, given in the Playfair Library, Old College, in the University of Edinburgh, on 17 May 1995. It considers various visions of Scots law as a whole, arguing that it is now a system based as much upon case law and precedent as upon principle, and that its departure from the Civilian tradition in the nineteenth century was part of a general European trend. An additional factor shaping the attitudes of Scots lawyers from the later nineteenth century on was a tendency to see themselves as part of a larger Englishspeaking family of lawyers within the British Empire and the United States of America.


2015 ◽  
Vol 43 (2) ◽  
pp. 177-200
Author(s):  
Stephen Gageler

James Bryce was a contemporary of Albert Venn Dicey. Bryce published in 1888 The American Commonwealth. Its detailed description of the practical operation of the United States Constitution was influential in the framing of the Australian Constitution in the 1890s. The project of this article is to shed light on that influence. The article compares and contrasts the views of Bryce and of Dicey; Bryce's views, unlike those of Dicey, having been largely unexplored in contemporary analyses of our constitutional development. It examines the importance of Bryce's views on two particular constitutional mechanisms – responsible government and judicial review – to the development of our constitutional structure. The ongoing theoretical implications of The American Commonwealth for Australian constitutional law remain to be pondered.


Author(s):  
Mark Newman

This chapter describes models of the growth or formation of networks, with a particular focus on preferential attachment models. It starts with a discussion of the classic preferential attachment model for citation networks introduced by Price, including a complete derivation of the degree distribution in the limit of large network size. Subsequent sections introduce the Barabasi-Albert model and various generalized preferential attachment models, including models with addition or removal of extra nodes or edges and models with nonlinear preferential attachment. Also discussed are node copying models and models in which networks are formed by optimization processes, such as delivery networks or airline networks.


2001 ◽  
Vol 27 (1) ◽  
pp. 45-99
Author(s):  
Penney Lewis

The debate surrounding the legalization of assisted suicide has been galvanized in recent years by reports of specific cases of assisted suicide, primarily involving physicians such as Kevorkian and Quill, and by impassioned pleas for legalization and assistance in suicide from individuals suffering in the throes of terminal or agonizing diseases, such as Sue Rodriguez. Media attention on criminal trials of individuals accused of assisting in a suicide has heightened public awareness of the issue. The constitutionality of criminal prohibitions on assisted suicide has been tested in various jurisdictions, and has recently been considered by the Supreme Courts of both the United States and Canada. Following two narrowly unsuccessful attempts to enact dignified death provisions by referenda in Washington and California, Oregon voters passed the first of such proposed laws in November 1994, providing for physician-assisted suicide under certain specified conditions. Attempts to introduce legislation to legalize assisted suicide in other jurisdictions have been galvanized by the success in Oregon. A model statute has been drafted by a group of law professors, philosophers and medical professionals.


1986 ◽  
Vol 80 (4) ◽  
pp. 896-901 ◽  
Author(s):  
Manfred Lachs

To write of Philip Jessup means to survey the history of the teaching of international law in the United States throughout the last half century; to cover all important events concerning the birth of international organizations on the morrow of the Second World War; to visit the halls of the General Assembly and the Security Council; to attend meetings of the American Society of International Law and the Institute of International Law, where he so frequently took the floor to shed light on their debates; to attend sittings of the International Court of Justice in the years 1960-1969. I could hardly undertake this task; there are others much more qualified to do so. What I wish to do is to recall him as a great jurist I knew and a delightful human being; in short, a judge and a great friend whom I learned to admire.


2014 ◽  
Vol 35 (8) ◽  
pp. 1657-1683 ◽  
Author(s):  
ANDY SHARMA

ABSTRACTWith the on-going ageing of the United States population, resolving health disparities continues to be a prominent and worthwhile goal, particularly in the areas of promoting minority health and reducing racial/ethnic disparities. This analysis employs the 2004 and 2005 Household Component records from the Medical Expenditures Panel Survey, which correspond to data files H89 and H97, to examine utilisation by race across the entire distribution function; more specifically, applying the behavioural model of health services utilisation and employing a Quantile Regression (QR) framework. This is a noteworthy contribution because the conditional mean may not be the best approximation for a skewed-location distribution. In contrast, QR is robust to outliers and scale effects since the estimation minimises least absolute deviation. The sample consists of 2,525 older adults at least 65 years of age with 303 corresponding to Black and 2,222 corresponding to White. Results suggest older Blacks continue to utilise health services (i.e. office or clinic visits with a physician or medical provider) at lower levels and this is more pronounced at and below the median quantile (i.e. below the 50th cut-off). Usual source of care (USC) continues to play an important role. Beliefs surrounding the need for insurance and medical intervention are also significant and explain some of the racial disparities. Although utilisation disparities persist for older Blacks, collaborative and flexible models of care can reach this group.


Author(s):  
Sabrina D’Andrea ◽  
Nikita Divissenko ◽  
Maria Fanou ◽  
Anna Krisztián ◽  
Jaka Kukavica ◽  
...  

Recent years have seen a growing volume of research on citations between courts from different countries. This article fills a gap in the current literature by presenting and analysing cross-citations between the highest domestic courts responsible for matters of private law in the EU from 2000 to 2018. It addresses two main questions: first, to what extent do judges cite foreign case law in their decisions? Second, what may explain the varying levels of engagement of supreme courts with foreign case law? Our findings offer a mixed result as to the nature and frequency of such cross-citations. Overall, we identify 2984 cross-citations; yet, only in few instances do we find a reciprocal relationship between the supreme courts of two countries, while more generally an asymmetric picture emerges. The article also discusses whether problems with the ease of access to court decisions may partly be responsible for limitations in the use of cross-citations.


2021 ◽  
pp. 1-17
Author(s):  
Cynthia Boruchowicz ◽  
Florencia Lopez Boo ◽  
Benjamin Roseth ◽  
Luis Tejerina

Abstract Given the rates of transmission of COVID-19, relying only on manual contact tracing might be infeasible to control the epidemic without sustained costly lockdowns or rapid vaccination efforts. In the first study of its kind in Latin America, we find through a phone survey of a nationally representative sample of ten countries that an opt-out regime (automatic installation) increases self-reported intention to accept a contact tracing app with exposure notification by 22 percentage points compared to an opt-in regime (voluntary installation). This effect is triple the size and of opposite sign of the effect found in Europe and the United States, potentially due to lower concerns regarding privacy and lower levels of interpersonal trust. We see that an opt-out regime is more effective in increasing willingness to accept for those who do not trust the government or do not use their smartphones for financial transactions. The local severity of the pandemic does not affect our results, but feeling personally at risk increases intent to accept such apps in general. These results can shed light on the use of default options not only for contact tracing apps but in public health overall in the context of a pandemic in Latin America.


2012 ◽  
Vol 18 (1) ◽  
Author(s):  
John McDermott

The general rule regarding the validity of foreign marriages followed by most US courts is that a marriage if validly performed is valid everywhere. But there are exceptions based on public policy. Thus, while a non-incestuous, monogamous marriage performed in a Muslim country between consenting adults would be recognized in the United States, a polygamous marriage most likely will not. Bigamy is a crime in all states, although the husband is rarely prosecuted unless there are other factors, e.g., spousal abuse or fraud. The U.S. Constitution’s protection of an individual’s religious rights might be asserted as a basis for allowing Muslim men to have more than one wife but it seems unlikely to succeed as the Supreme Court rejected a similar argument in a case involving a Mormon man who had several wives as permitted by his religion. However, several state supreme courts have recently held that a State cannot constitutionally ban same sex marriages; this article explores the possibility that similar bans on polygamous marriage might be held to be unconstitutional. The article also explores the difficulties encountered in attempting to have a US court give effect to a Ṭalāq divorce, especially where the Ṭalāq is not confirmed by a court or other judicial body.


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