| Media Coverage of Betsy Cooper's YLJO Essay, Judges in Jeopardy!: Could IBM’s Watson Beat Courts At Their Own Game? |
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| Julie Wang, Wednesday, 14 September 2011 |
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In Judges in Jeopardy!: Could IBM’s Watson Beat Courts at Their Own Game?, Betsy Cooper examines IBM’s Watson computer and how it might affect the process by which new textualists interpret statutes. Cooper describes new textualism as being founded on the ‘ordinary meaning’ of language. She writes: “New textualists believe in reducing the discretion of judges in analyzing statutes. Thus, they advocate for relatively formulaic and systematic interpretative rules. How better to limit the risk of normative judgments creeping into statutory interpretation than by allowing a computer to do the work?” Cooper’s essay considers how Watson – the IBM computer which won a resounding victory against prized human contestants on Jeopardy – might fare as a new textualist. She concludes that Watson has many advantages over humans. For example, a computer can pinpoint the frequency with which a phrase is used in a particular statutory context, and can “estimate the frequency within which each connotation arises, to determine which is most ‘ordinary.’” And Watson avoids bias: “when he makes mistakes, these mistakes are not due to any biases in his evaluation scheme “ because the computer has “no normative ideology of his own.” Nevertheless, Cooper ultimately concludes that Watson has a fatal flaw: it lacks a normative ideology that is essential for ethical judging. Watson can provide to judges “a baseline against which to evaluate their own interpretations of ‘ordinary meaning,’” but cannot replace the job of judging itself.For some thoughts from commentators, see:
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Articles
Michelle Wilde Anderson, Dissolving Cities, 121 Yale L.J. (forthcoming 2012), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1919768.
Ian Ayres, Regulating Opt-Out: An Economic Theory of Altering Rules, 121 YALE L.J. (forthcoming 2012), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1934412.
D. James Greiner & Cassandra W. Pattanayak, Randomized Evaluation in Legal Assistance: What Difference Does Representation Make?, 121 Yale L.J. (forthcoming 2012), available at http://ssrn.com/abstract=1708664.
Daryl J. Levinson, Rights and Votes, 121 YALE L.J. (forthcoming 2012), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1889264.
Ruth Mason & Michael Knoll, What Is Tax Discrimination?, 121 Yale L.J. (forthcoming 2012), available at http://ssrn.com/abstract=1647014.
Christopher Re & Richard Re, Voting and Vice: Criminal Disenfranchisement and the Reconstruction Amendments, 121 YALE L.J. (forthcoming 2012).
Notes
Barrett Anderson, Note, Recognizing Character: A New Perspective on Character Evidence, 121 Yale L.J. (forthcoming 2012).
Jesse Cross, Note, “Done in Convention”: The Attestation Clause and the Declaration of Independence, 121 Yale L.J. (forthcoming 2012).
Miles Farmer, Note, Mandatory and Fair?: A Better System of Mandatory Arbitration, 121 Yale L.J. (forthcoming 2012).
Eric Fish, Note, The Twenty-Sixth Amendment Enforcement Power, 121 Yale l.J. (forthcoming 2012).
Jonah Gelbach, Note, Locking the Doors to Discovery? Conceptual Challenges in and Empirical Results for Assessing the Effects of Twombly and Iqbal on Access to Discovery, 121 Yale L.J. (forthcoming 2012).
Danielle M. Lang, Note, Padilla v. Kentucky: The Effect of Plea Colloquy Warnings on Defendants’ Ability to Bring Successful Padilla Claims, 121 Yale l.J. (forthcoming 2012).
Nick McLean, Note, Cross-National Patterns in FCPA Enforcement, 121 Yale l.J. (forthcoming 2012).
Comments
Douglas Lieb, Comment, Can Section 1983 Help To Prevent the Execution of Mentally Retarded Prisoners?, 121 Yale l.J. (forthcoming 2012).
Jeffrey Love, Comment, Second Order Clear Statement Rules, 121 Yale L.J. (forthcoming 2012).
Margaret B. Weston, Comment, One Person, No Vote: Staggered Elections, Redistricting, and Disenfranchisement, 121 Yale l.J. (forthcoming 2012).
David Wishnick, Comment, Corporate Purposes, Contractual Freedom, and Default Rule Clarity: A Comment on eBay v. Newmark, 121 Yale L.J. (forthcoming 2012).
Yale Law Journal Online
Akhil Reed Amar, The Lawfulness of Health-Care Reform, 121 Yale L.J. Online (forthcoming 2012), available at http://ssrn.com/abstract=1856506.
Jules L. Coleman, Mistakes, Misunderstandings and Misalignments, 121 YALE L.J. ONLINE (forthcoming 2012), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1970091.