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U.S. Supreme Court,
Technology,
Law Practice

Sep. 16, 2021

Shadow docket spurs lurking qualms about AI and the law

Legal handwringing is taking place about the increasing use by the U.S. Supreme Court of a shadow dockets approach that produces so-called shadow decisions. Should the topmost court be generating legal rulings that are absent of our customarily expected and ostensibly robust legal argumentation? This prods consideration toward another realm that might go this route, namely the advent of AI-based legal reasoning systems.

Lance Eliot

Chief AI Scientist
Techbrium Inc.

Dr. Lance B. Eliot is a Stanford Fellow and a world-renowned expert on Artificial Intelligence (AI) and the Law with over 6.8+ million amassed views of his AI columns. As a seasoned executive and high-tech entrepreneur, he combines practical industry experience with deep academic research and serves as a Stanford Fellow at Stanford University.

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The shadow knows.

Maybe so, but the problem is that the rest of us don't particularly know what the shadow knows, principally because the shadow isn't saying what it knows. That is the increasingly vocal complaint that many are exhorting about the U.S. Supreme Court and its ever-growing number of so-called shadow decisions.

As you likely know, the Supreme Court maintains a shadow docket from which shadow rulings...

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