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Is the Future of Law a Driverless Car?: Assessing How the Data-Analytics Revolution will Transform Legal Practice

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Data analytics are quickly transforming law, challenging its survival as a vibrant profession for natural persons. I argue that data analytics will continue to penetrate law, even in domains heretofore dominated by human decision-makers. I demonstrate this claim by describing how machine-learning techniques can be used to identify important fiduciary waivers. Notwithstanding their transformative power, however, I remain doubtful that data analytics will substantially displace law. The most powerful approaches in data analytics as applied to law require human practitioner inputs to train, calibrate, and supervise machine classifiers. Moreover, law's normative/prescriptive commitments are irreducibly dynamic and complex – traits poorly matched to algorithmic prediction.
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Document Type: Research Article

Publication date: March 1, 2018

This article was made available online on January 18, 2018 as a Fast Track article with title: "Is the Future of Law a Driverless Car?: Assessing How the Data-Analytics Revolution will Transform Legal Practice".

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  • Founded as Zeitschrift für die gesamte Staatswissenschaft in 1844.

    As one of the oldest journals in the field of political economy, the Journal of Institutional and Theoretical Economics (JITE) deals traditionally with the problems of economics, social policy, and their legal framework. JITE is listed in the Journal of Economic Literature, the Social Science Citation Index, the International Bibliography of the Social Sciences, and COREJ.

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    From 2013 on all accepted articles are published in an Online First version (in their final layout) to make them searchable and citable by their DOI immediately after peer review and acceptance. Once the article is published in an issue of the journal, the Online First version will be removed.

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