Abstract/Details

Doctrine as *data


2000 2000

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Abstract (summary)

Doctrine as Data examines the issues and opportunities around machine acquisition and analysis of legal doctrine. This work sought to treat doctrine as data, as a clump of federal appellate case opinion texts, which could be procured and empirically analyzed with information processing technology. Doctrine is a nimble knowledge structure however, existing as a clump as well as a logic where parameters and understandings in case law are constituted. The subject doctrine for this project, compelling interests of the strict scrutiny balancing test, proved to be a logic where notions of legitimate police power and individual rights are established. That logic is flexible, politically sensitive, and responsive, going beyond opinions from a myriad of cases said manifesting doctrine.

Doctrine as Data examines information systems and their practices of indexing and accessing appellate case opinions to explore whether these systems are significant to sustaining, or challenging, conceptualizations of doctrine in cases. The examination consists of defining, identifying, and collecting appellate case opinions exhibiting the compelling interest doctrine using the preeminent hard bound and computer legal information systems (i.e. West's digests and reporters and Lexis/Nexis respectively). The project also introduces a new tool, the InQuery search engine from the University of Massachusetts' Center for Intelligent Information Retrieval, to analyze that collection for conceptual coherency attributed to doctrine, i.e. to probe doctrine's presence in, and relationship to, case opinions. It appears however that doctrine exists outside of cases, or rather, is attributed to cases through traditions of legal practice, commentary, and scholarship moreso than in the systems created to manage law's hard data.

Indexing (details)


Subject
Law;
Information Systems
Classification
0398: Law
0723: Information Systems
Identifier / keyword
Communication and the arts; Social sciences; Appellate cases; Data; Doctrine; Information systems; Law
Title
Doctrine as *data
Author
Gaitenby, Alan
Number of pages
212
Publication year
2000
Degree date
2000
School code
0118
Source
DAI-A 61/02, Dissertation Abstracts International
Place of publication
Ann Arbor
Country of publication
United States
ISBN
9780599646025, 0599646020
Advisor
Brigham, John
University/institution
University of Massachusetts Amherst
University location
United States -- Massachusetts
Degree
Ph.D.
Source type
Dissertations & Theses
Language
English
Document type
Dissertation/Thesis
Dissertation/thesis number
9960752
ProQuest document ID
304605099
Copyright
Database copyright ProQuest LLC; ProQuest does not claim copyright in the individual underlying works.
Document URL
http://search.proquest.com/docview/304605099
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