Will Robot Judges Change Litigation and Settlement Outcomes? A First Look at the Algorithmic Replication of Prior Cases

30 Pages Posted: 15 Jul 2020

See all articles by Anthony J. Casey

Anthony J. Casey

University of Chicago Law School; ECGI

Anthony Niblett

University of Toronto - Faculty of Law; Vector Institute for Artificial Intelligence

Date Written: June 5, 2020

Abstract

The promise (or threat) of so-called Robot Judges has captured the attention of popular media and legal scholarship. But little has been said about the details. How would automated judging actually work? Specifically, how does one translate big data and probabilistic predictions into judgments? Exploring the effect of using litigation assessment algorithms in judicial decision making, this article models one form of automated judging. We show that the use of algorithms to assist or automate judicial decision making can distort litigation and settlement outcomes. The particulars of distortion depend on the methods that judges use to translate predictions into judgments. Each method available is accompanied by different costs and different trade offs.

Keywords: Civil Procedure, Settlement, Artificial Intelligence, Robot Judges

Suggested Citation

Casey, Anthony Joseph and Niblett, Anthony, Will Robot Judges Change Litigation and Settlement Outcomes? A First Look at the Algorithmic Replication of Prior Cases (June 5, 2020). Available at SSRN: https://ssrn.com/abstract=3633037 or http://dx.doi.org/10.2139/ssrn.3633037

Anthony Joseph Casey (Contact Author)

University of Chicago Law School ( email )

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HOME PAGE: http://www.law.uchicago.edu/faculty/casey

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Anthony Niblett

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada

Vector Institute for Artificial Intelligence ( email )

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