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REFERENCES

Batagelj, V. and A. Mrvar (1999). Pajek: Program for Large Network Analysis . Ljubljana, Slovenia: 11.

Blair, D C and M E Maron (1985). " An evaluation of retrieval effectiveness for a full-text document-retrieval system ." Communications of the ACM 28 (3): 289-99

"Evaluation of a large, operational full-text document-retrieval system (~350,000 pages) shows the system to be retrieving less than 20 percent of the documents relevant to a particular search. The findings are discussed in terms of the theory and practice of full-text document retrieval."

Brandes, U., P. Kenis, et al. (1998). Explorations into the Visualization of Policy Networks . Konstranz , Germany , Universität Konstanz : 26.

Borgatti, S. P. (1994). " A Quorum of Graph Theoretic Concepts ." Connections 17 (1): 47-79.

Burt, R. S. (1980). " Models of Network Structure ." Annual Review of Sociology 6 : 79-141.

Caldeira, G A (1983). "On the Reputation of State Supreme Courts." Political Behavior 83

Caldeira, G A (1985). " The Transmission of Legal Precedent: A Study of State Supreme Courts. " American Political Science Review 79(1): 178-94

"In the course of making and justifying decisions, judges on state supreme courts often rely on precedents from other jurisdictions. These judicial references across boundaries constitute at least one means of communication and, in turn, demonstrate a complex web of deference and derogation between and among various courts. I attempt to uncover patterns of citation between the several state supreme courts and to evaluate alternative explanations for these patterns, including distance between courts; similarity of political culture; the prestige, professionalism, legal capital, and caseload of the cited court; the social diversity of the environment; differentials between courts on a number of dimensions; and presence in the same legal reporting region. More globally, I ask: Does the intensity of communications between a pair of courts result from the characteristics of the cited court or from differences and similarities between courts or jurisdictions? The results indicate the importance of legal reporting districts, distance between the courts, cultural linkages between the jurisdictions and, especially, characteristics of the cited court ..." "... prestige, professionalism, and societal complexity increase the chances that a supreme court's precedent will accumulate references" (p 189). "Building upon a line of reasoning that spans the intellectual traditions of law and economics, Landes and Posner (1976, p 250-51) 'treat the body of legal precedents created by judicial decisions in prior periods as a capital stock that yields a flow of information services which depreciates over time as new conditions arise that were not foreseen by the framers of the existing precedents' " (Caldeira 1985, p 179).

Caldeira, G A (1988). "Legal precedent: Structures of communication between state supreme courts." Social Networks 10(1): 29-55

"In making and justifying choices, state supreme courts rely on many sources of authority, including the precedents of other courts. To the extent that appellate judges borrow, reject, and review each other's decisions, the several state supreme courts from a network for the communication of political information. In this paper I focus on identifying, describing, and explaining the bases of discrete networks among the state supreme courts. More specifically, using all interstate references for all states and the District of Columbia in the calendar year 1975, I rely on clustering techniques to uncover coherent and consistent "networks," and discriminant analysis to ferret out the essential bases of the groupings of state supreme courts. Do interpretable blocks of state supreme courts emerge? If so, what binds these sets of appellate courts? Do constellations of leaders and followers develop? Do networks go beyond particular regions?"

Caldeira, G A and S C Patterson (1987). " Political Friendship in the Legislature. " Journal of Politics 49 (4): 953-75

"Behavior fundamental to the legislative process - channeling of information and dissemination of voting cues - is patterned in accord with the interpersonal ties of legislators. What are the bases of legislators' bonds of friendship? Three distinct models provide partial accounting for legislators' interpersonal ties: the attribute model, focusing on the characteristics of legislators; the homophily-heterophily model, emphasizing the "birds of a feather" phenomenon; and the propinquity model, drawing upon spatial proximities. Resting upon interpersonal friendship choices recorded by state legislators in Iowa, in this analysis we simultaneously estimate the effects of variables indicated by these three models. Attitudes toward legislative life, shared understandings of legislative roles, common committee service, shared partisanship, and spatial proximity emerge from the enquiry as major causes of political friendship in the legislature."

Canon, B C and L Baum (1981). " Patterns of Adoption of Tort Law Innovations: An Application of Diffusion Theory to Judicial Doctrines. " American Political Science Review 75(4): 975-87

"Social scientists have given increasing attention to the diffusion of policy innovations among the American states, focusing on the legislative and administrative sectors. This study is an effort to expand our understanding of policy diffusion by analyzing the diffusion of 23 innovative tort doctrines among state court systems between 1876 and 1975. This analysis examines the innovativeness of state judicial systems, the correlates of innovativeness, and the pattern of diffusion. The findings suggest that the diffusion of judicial doctrines is a very different process from the diffusion of legislation. A major reason for the difference appears to be the courts' dependence on litigants to provide opportunities for innovation."

Cauthen, J N G (2003). "Horizontal Federalism in the New Judicial Federalism: A Preliminary Look at Citations." Albany Law Review (783): 10

"Oftentimes a party will argue before a state supreme court that the court should undertake an independent analysis of its state constitution and recognize broader civil liberties protections than provided under the analogous provision(s) of the Federal Constitution. ... Second, the following steps were taken to identify decisions in the criminal justice issue areas from 1990 through 1994 and to identify decisions in the non-criminal justice issue areas for all years: (1) searches were run in each of the state supreme court Westlaw databases (the Texas database included decisions of the Texas Court of Criminal Appeals) using as search terms the various ways in which the state supreme court had cited the state constitution (identified by reviewing ten randomly selected constitutional decisions from each state); and (2) relying on the same selection criteria used by Professor Latzer, a review was done on the full text of each of the remaining decisions identified by the on-line search to determine whether it met the criteria; if it did, the decision was included in the data. ... The identification of these types of patterns in state constitutional decision-making would provide even stronger support for horizontal federalism and additional linkages within Professor Tarr's "universe of constitutions."

Chandler, S. J. (2005). The Network Structure of Supreme Court Jurisprudence . Public Law and Legal Theory Series. Report 2005-W-01. Houston, TX, University of Houston Law Center: 26.

"This paper begins a program of research examining the network structure of precedent-based judicial decision making, using the United States Supreme Court as an initial example. It develops the set of Mathematica tools that facilitate studies of large networks, including vehicles for Mathematica to communicate with external network analysis software."

Dabney, D P (1986). "The curse of Thamos: an analysis of full-text legal document retrieval." Law Library Journal 78 : 5-40

Edwards, D L and D E Mahling (1997). Toward knowledge management systems in the legal domain. Supporting group work: the integration challenge, Phoenix, AZ, SIGGROUP: ACM Special Interest Group on Supporting Group Work

EIR (2004). LexisNexis Applied Discovery Surveys Industry in Anticipation of e-Discovery Market Boom . Stamford, CT, Electronic Information Report,: Report: 3

"LexisNexis findings of a study set to measure demand in the electronic discovery niche of the legal information market. Role of electronic discovery in the gathering of data of law firms ... Growth of the demand for electronic discovery services."

Emirbayer, M. (1997). " Manifesto for a Relational Sociology ." American Journal of Sociology 103 (2): 281-317.

Fisher, D. (2003). Social Networks for End Users . Irvine , CA : 20.

Fowler, J. H. and S. Jeon (2005). The Authority of Supreme Court Precedent: A Network Analysis . Davis, CA: 32.

"We construct the complete network of 30,288 majority opinions written by the US Supreme Court and the cases they cite from 1754 to 2002. Data from this network demonstrates quantitatively the evolution of the norm of stare decisis in the 19th Century and a significant deviation from this norm by the activist Warren court. We further describe a method for creating authority scores using the network data to identify the most important Court precedents. This method yields rankings that conform closely to evaluations by legal experts, and even predicts which cases they will identify as important in the future. An analysis of these scores over time allows us to test several hypotheses about the rise and fall of precedent. We show that reversed cases tend to be much more important than other decisions, and the cases that overrule them quickly become and remain even more important as the reversed decisions decline. We also show that the Court is careful to ground overruling decisions in past precedent, and the care it exercises is increasing in the importance of the decision that is overruled. Finally, authority scores corroborate qualitative assessments of which issues and cases the Court prioritizes and how these change over time."

Freeman, L C (1978). "Centrality in social networks: conceptual clarification." Social Networks 1(3): 215-239

"The intuitive background for measures of structural centrality in social networks is reviewed and existing measures are evaluated in terms of their consistency with intuitions and their interpretability. Three distinct intuitive conceptions of centrality are uncovered and existing measures are refined to embody these conceptions. Three measures are developed for each concept, one absolute and one relative measure of the centrality of positions in a network, and one reflecting the degree of centralization of the entire network. The implications of these measures for the experimental study of small groups is examined."

Friedman, L. M. (1986). " A Search For Seizure: Pennsylvania Coal Co. v. Mahon In Context ." Law and History Review 4: 1-22.

Gibson, J L, G A Caldeira, et al. (1998). " On the legitimacy of national high courts ." American Political Science Review 92 (2): 343-68

"The theories of institutional legitimacy and diffuse support of national high courts are examined based on three hypotheses, namely, diffuse support for high courts, satisfaction with judicial proceedings and the interrelationships among court salience. Research was based on cross-sectional data taken from eighteen countries. An analysis of mass attitudes reveals that people have a natural tendency to have a high regard for national high courts."

Gray, V (1973). " Innovation in the States: A Diffusion Study. " American Political Science Review 67(4): 1174-85

Hansford, T G and J F Spriggs II (2002). The Nature and Timing of the U.S. Supreme Court's Interpretation of Precedent . Midwest Political Science Association Meeting, Chicago, IL

"The literature on the quantitative study of precedent contains three strands. First, starting with Merryman's (1954) study of the California Supreme Court, a variety of articles examine either the citation of court opinions (e.g., Landes and Posner 1976; Merryman 1977; Kosma 1998; Landes, Lessign, and Solimine 1998) or patterns of citations among state courts (e.g., Caldeira 1985; Walsh 1997). These studies help us to understand why one court cites the opinions of another court. However, this scholarship does not seek to explain how, why, or when a court interprets a precedent. We build on these small, but growing, bodies of literature by examining systematically the Supreme Court's interpretation of its precedents over time. That is, once the Court establishes a precedent, what explains why the Court subsequently interprets it positively (i.e., follows the precedent) or negatively (e.g., limits or distinguishes the precedent)? We begin to answer this question by arguing that the justices treat precedent in order to maximize the extent to which the Court's body of precedent reflects their own policy preferences and to increase the likelihood that their contemporary opinions will be efficacious. We test our argument with two time-series cross-sectional logit models that utilize data on the Court's interpretation of the precedents it established between the 1946 and 1995 terms."

Hanson, F A (2002). " From Key Numbers to Keywords: How Automation Has Transformed the Law ." Law Library Journal 94 (4): 563-600

"The automation of information has far-reaching consequences for the law. Print-based research sources foster a view of the law as a separate domain, hierarchically organized under basic principles. In contrast, computer-assisted legal research erodes the boundaries that separate law from other domains and conveys an image of the law as a relatively unorganized assortment of facts and doctrines."

Harris, P. (1982). "Structural change in the communication of precedent among state supreme courts, 1870-1970." Social Networks 4(3): 201-212.

Harris, P (1985). "Difficult Cases and the Display of Authority." Journal of Law, Economics & Organization 1 (1): 209-21

Harris, P (1985). "Ecology and Culture in the Communication of Precedent among State Supreme Courts, 1870-1970." Law & Society Review 19(3): 449-86.

Huisman, M and M A J van Duijn (2003). " StOCNET: Software for the statistical analysis of social networks. " Connections 25(1): 7-26

"StOCNET3 is an open software system in a Windows environment for the advanced statistical analysis of social networks. It provides a platform to make a number of recently developed and therefore not (yet) standard statistical methods available to a wider audience. A flexible user interface utilizing an easily accessible data structure is developed such that new methods can readily be included in the future. As such, it will allow researchers to develop new statistical tools by combining their own programs with routines of the StOCNET system, providing a faster availability of newly developed methods. In this paper we show the current state of the developments. The emphasis is on the implementation and operation of the programs that are included in StOCNET: BLOCKS (for stochastic blockmodeling), p2 (for analyzing binary network data with actor and/or dyadic covariates), SIENA (for analyzing repeated measurements of social networks), and ZO (for calculating probability distributions of statistics). Moreover, we present an overview of future contributions, which will be available in the near future, and of planned activities with respect to the functionality of the StOCNET software. StOCNET is a freeware PC program, and can be obtained from the StOCNET website."

Johnson, C A (1985). "Citations to Authority in Supreme Court Opinions." Law and Policy 7: 509

Johnson, C A (1986). " Follow-up Citations in the US Supreme Court ." Western Political Quarterly 39: 538

"The research reported here tests two competing explanations for references to Supreme Court decisions by the Court itself. Are such references products of personal/political factors or are they a function of legal concerns such as clarifying past policy or applying precedent when appropriate? References to Supreme Court precedents appear to be most directly related to legal concerns; evidence of self or within ideological group citations did not develop. Cautions about using citation-based measures in judicial research are raised because most citations are non-substantive and the direction of use by the citing court must be considered."

Kadushin, C. (2004). Introduction to Social Network Theory . Boston, MA: 63.

Klein, D and D Morris Roe (1999). "The Prestige and Influence of Individual Judges on the US Courts of Appeals." The Journal of Legal Studies 28 (371): 15

"Judicial scholars have often recognized that prestige seems to vary among judges, but they have not devoted much systematic attention to the phenomenon or its consequences. In this article, we develop a measure of prestige and calculate prestige scores for a sample of 139 federal circuit court judges. We then test the validity of our measure by determining how strongly the scores correlate with other variables, some of which are expected to be related to prestige, others of which should be unrelated. Finally, we incorporate our measure into an analysis of judicial influence, asking whether novel legal rules are more likely to be adopted by other circuits if announced by highly esteemed judges than if announced by less prestigious ones. The evidence suggests that our measure is valid and that prestige can translate into influence."

Klein, D E (2002). Making Law in the United States Courts of Appeals . New York, Cambridge University Press

"...asks how federal court judges decide cases when faced with unsettled issues of law. Specifically, how much and why are their decisions influenced by higher court judges or other judges at the same level as themselves? To answer these questions, the author relies on statistical analyses of decisions and interviews with court of appeals judges. The key findings are that judges give serious attention to the work of colleagues of equal authority, but demonstrate substantial independence from the Supreme Court."

Kleinberg, J. M. (1998). Authoritative Sources in a Hyperlinked Environment . Proceedings of the ACM-SIAM Symposium on Discrete Algorithms: 34.

"The network structure of a hyperlinked environment can be a rich source of information about the content of the environment, provided we have effective means for understanding it. We develop a set of algorithmic tools for extracting information from the link structures of such environments, and report on experiments that demonstrate their effectiveness in a variety of contexts on the World Wide Web. The central issue we address within our framework is the distillation of broad search topics, through the discovery of "authoritative" information sources on such topics. We propose and test an algorithmic formulation of the notion of authority, based on the relationship between a set of relevant authoritative pages and the set of "hub pages" that join them together in the link structure. Our formulation has connections to the eigenvectors of certain matrices associated with the link graph; these connections in turn motivate additional heuristics for link-based analysis."

Kosma, M. N. (1998). "Measuring the Influence of Supreme Court Justices." Journal of Legal Studies 27(2): 333-72.

"This empirical study measures the influence of 99 retired Supreme Court justices, analyzing over 1.2 million citations to over 24,000 opinions of the Court written between 1793 and 1991. It models the appointment process as the selection of a capital investment, treating a justice's output as the precedents generated each term and using citations as a proxy for an opinion's value. This model is applied to the retired justices and their opinions, and its consistency is tested by independently analyzing citations by subsequent Supreme Court and circuit court opinions. Influence values also demonstrably track the results of a well-known survey of judicial greatness. The study challenges several common assumptions. Older appointees have been no less influential than young appointees, and, on an annual basis, older appointees have actually been more influential. Private attorneys have made the most influential appointees, and former judges show no special advantages."

Kossinets, G (2004). Effects of missing data in social networks. ArXiv.org. Ithaca, NY: 31

"Sensitivity analyses to assess the impact of missing data on the structural properties of social networks. The social network is conceived of as being generated by a bipartite graph, in which actors are linked together via multiple interaction contexts or affiliations. We discuss three principal missing data mechanisms: network boundary specification (non-inclusion of actors or affiliations), survey non-response, and censoring by vertex degree (fixed choice design), examining their impact on the scientific collaboration network from the Los Alamos E-print Archive as well as random bipartite graphs. The results show that network boundary specification and fixed choice designs can dramatically alter estimates of network-level statistics. The observed clustering and assortativity coefficients are overestimated via omission of interaction contexts (affiliations) or fixed choice of affiliations, and underestimated via actor non-response, which results in inflated measurement error. We also find that social networks with multiple interaction contexts have certain surprising properties due to the presence of overlapping cliques. In particular, assortativity by degree does not necessarily improve network robustness to random omission of nodes as predicted by current theory."

Landes, W M and R A Posner (1976). Legal Precedent: A Theoretical and Empirical Analysis . NBER Working Paper : NBER Working Paper: 146

Landes, W M, L Lessig, et al. (1998). " Judicial Influence: A Citation Analysis of Federal Courts of Appeals Judges ." Journal of Legal Studies : 82

"...uses citations to the published opinions of judges on the federal courts of appeals who had 6 or more years tenure at the end of 1995 to estimate empirically the influence of individual judges. We rank judges on the basis of both total influence (citations adjusted for judicial tenure and other variables) and average influence (citations per published opinion). We also analyze the effects of factors that may be relevant to explaining differences in the influence of individual judges. These factors include both characteristics of the judges (for example, quality of law school, law school performance, sex, race, prior experience, political affiliation) and characteristics of the circuit in which they sit (such as the mix of cases in the circuit). In an appendix, we use citations to the published opinions in each circuit rather than to individual judges to measure the influence of circuits rather than individual judges."

Lehmann, S., B. Lautrup, et al. (2003). "Citation networks in high energy physics." Physical Review 68(026113): 8.

McGuire, K T (1993). " Lawyers and the U.S. Supreme Court: The Washington Community and Legal Elites. " American Journal of Political Science 37 (2): 365-90

"The past several decades have witnessed tremendous growth in the number of professional representatives in the Washington community. Despite a wealth of research that testifies to the importance of these experts in the legislative and executive branches, we know comparatively little regarding sophisticated representation in the judicial context. Is there an identifiable group of specialized representatives in the US Supreme Court? Under the rubric of network theory, I examine the bar of the Court and the patterns of association within it. With survey data from lawyers who participated in Supreme Court litigation during the 1986 term, I develop a predictive model that suggests that the lawyers in the Court are a discrete collection of representatives, strongly anchored in Washington, DC. While many are connected through legal education, geography, and generational affinity, the core of that group--former law clerks to the justices, alumni of the Solicitor General's Office, and the lawyers of the leading law firms in Washington--are the prominent experts within that network."

Mital, V, A Stylianou, et al. (1991). Conceptual information retrieval in litigation support systems . International Conference on Artificial Intelligence and Law, Oxford, UK, ACM Press

Mizruchi, M. S. (1994). " Social network analysis: Recent achievements and current controversies ." Acta Sociologica 37 (4): 329-44.

Nagel, S S (1964). Sociometric Relations among American Courts. Judicial Behavior: A Reader in Theory and Research. G A Schubert. Chicago, IL, Rand McNally

Newman, M. E. J. (2001). "The Structure of Scientific Collaboration Networks." Proceedings of the National Academy of Sciences 98(2): 404-09.

"The structure of scientific collaboration networks is investigated. Two scientists are considered connected if they have authored a paper together and explicit networks of such connections are constructed by using data drawn from a number of databases ... I show that these collaboration networks form "small worlds," in which randomly chosen pairs of scientists are typically separated by only a short path of intermediate acquaintances. I further give results for mean and distribution of numbers of collaborators of authors, demonstrate the presence of clustering in the networks, and highlight a number of apparent differences in the patterns of collaboration between the fields studied."

Palacios-Huerta, I and O Volij (2002). The Measurement of Intellectual Influence. 2004

"We examine the problem of measuring influence based on the information contained in the data on the communications between scholarly publications, judicial decisions, patents, web pages, and other entities. The measurement of influence is useful to address several empirical questions such as reputation, prestige, aspects of the diffusion of knowledge, the markets for scientists and scientific publications, the dynamics of innovation, ranking algorithms of search engines in the Web, and others. In this paper we ask why any given methodology is reasonable and informative applying the axiomatic method. We find that a unique ranking method can be characterized by means of five axioms: anonymity, invariance to citation intensity, weak homogeneity, weak consistency, and invariance to splitting of journals. This method is easily implementable and turns out to be different from those regularly used in social and natural sciences, arts and humanities, and computer science."

Panning, W H (1982). " Blockmodels: From Relations to Configurations. " American Journal of Political Science 26 (3): 585-608

"Data concerning the relationships of individuals to one another, rather than data concerning individuals' attributes, are - or ought to be - of paramount importance to political scientists. This paper presents a new algorithm for analyzing and representing relational data by means of blockmodels. A blockmodel is a representation of a matrix of relations among individuals by a reduced matrix showing the relations among sets of individuals that are approximately structurally equivalent. Two or more individuals are structurally equivalent if they have identical relations to and from each of the remaining actors in the larger group being studied. The study applies the algorithm to two problems - identifying informal leaders in the US Senate and analyzing patterns of mobility among senate committees - and presents some of its potential applications to problems in other areas of political research."

Post, D G and M B Eisen (nd). How Long is the Coastline of the Law? Thoughts on the Fractal Nature of Legal Systems : 82

"Although citation to precedent in judicial opinions is a critical component of the network of rules that comprise “the law” in any area, there have been surprisingly few systematic attempts to use the abundant data available on citation patterns to uncover general principles that might illuminate the nature and structure of the legal system. In this paper, we use data from the New York Court of Appeals and the Seventh Circuit regarding the number of times judicial opinions cite to, and are subsequently cited as, precedent to test the hypothesis that legal arguments and legal doctrine have a kind of “fractal” structure. Our model provides a reasonable fit to the citation data that we examined, although there appear to be significant sources of variability in these data that are not explained by our simple predictive framework, and it is clearly far too early to draw any robust conclusions about the hypothesis other than that additional work along these lines appears to be warranted."

Rothenberg, R B (1995). " Commentary: Sampling in Social Networks ." Connections 18 (1): 104-10

"In classic statistical theory, if a random sample is drawn from a population whose underlying distribution is known, it may be assumed that the properties of the sample mirror those of the population (Snedecor and Cochran, 1972). On that cornerstone is built a statistical superstructure that permits estimation, hypothesis testing, assurance of internal validity, generalizability, and modeling. For a variety of actual sampling schemes - simple random, stratified, probability proportional to size, systematic, cluster, multistage - considerable mathematical work has established appropriate point estimate and variance formulas, and has defined the potential for bias and other threats to validity (Levy and Lemeshow, 1980). This body of work provides satisfying precision for the estimation of uncertainty in defining population characteristics."

Schauer, F (1987). " Precedent. " Stanford Law Review 39 : 571

"What does it mean for a past event to be precedent for a current decision? And how does something we do today establish a precedent for the future? Can decisions really be controlled by the past and responsible to the future, or are appeals to precedent just so much window dressing, masking what is in reality a decision made for today only? And even if precedent can constrain decisionmakers, why should a procedure for decisionmaking impose such a constraint? Why should the best decision for now be distorted or thwarted by obeisance to a dead past, or by obligation to an uncertain and dimly perceived future? Equally important is the question of weight. ... What is it to hope or fear that a decision will establish a precedent for some other decision in the future? Why do some people fear that allowing restrictions on Nazis because they are Nazis will establish a precedent for restrictions on socialists because they are socialists, even though the distinction between a Nazi and a socialist is obvious, accessible, and easily justified? To worry about a precedential effect in the future, or to worry that a specific future event will be analogized to today's case, presupposes some rule of relevance. ... In this case, it appears possible for a subsequent decisionmaker to adopt any rule of relevance at all -- or at least so many alternative rules of relevance that precedent appears to impose no constraint. ... Sometimes an articulated characterization or an articulated rule of relevance may constrain significantly the range of a category of assimilation. ... Thus, the extent to which precedent constrains will vary not only with a decisionmaking institution's dependence on categories of assimilation external to its environment, but also on the size of those categories."

Serrano, R (2004). The Measurement of Intellectual Influence: the Views of a Sceptic. Princeton, NJ, Institute for Advanced Study School of Social Science: Working paper: 2004-02 6

"In an extremely interesting paper, Palacios-Huerta and Volij (2004) [PV] introduce the axiomatic method to the problem of how to rank academic journals on the basis of their mutual citations. They characterize the invariant method as the only one satisfying a list of five appealing properties. In this note, I show an impossibility result, by identifying a sixth property that is violated by the invariant method. Further, I question the appeal of the PV axioms, when applied over larger domains of problems that take into account making distinctions among types of citations."

Shapiro, F R (1991). "The Most-Cited Articles from The Yale Law Journal." Yale Law Journal 100 (1449): 45

"... Legal education has been buffeted by its full share of the ranking deluge. ... Because of space restrictions, I was forced to limit this invitation to authors of the sixteen most-cited articles from Table I, two older articles from further down the list, and the two older articles appended at the end of Table I. Where the author was deceased or was unable to contribute a commentary, I asked a distinguished scholar with an interest in the article's subject matter to comment. ... The original article used Shepard's Law Review Citations as the basis for a ranking of the post-1947 law review articles most often cited within other law review articles. ... William L. Prosser, The Assault upon the Citadel (Strict Liability to the Consumer), 69 YALE L.J. 7 1099 (1960) (ranked second). ... In now little-remembered passages of Assault upon the Citadel, Prosser predicted that expansion of the strict liability concept beyond cases involving food or skin products would likely proceed slowly. ... First, the behavior specified (or required) by a legal rule may differ from the behavior induced by that legal rule. ... The publication of Bill Cary's Federalism and Corporate Law: Reflections Upon Delaware had the impact of a firecracker in a hornets' nest."

Sidak, J G and D F Spulber (1996). " Deregulatory Takings and Breach of the Regulatory Contract. " New York University Law Review 71(851): 111

"Presents the first detailed analysis of the interaction between the Takings Clause, deregulation, network pricing, and contract law. In the typical case of regulated industries, firms and their investors agree to bear considerable "incumbent burdens" in exchange for a regulated rate of return. Sidak and Spulber first demonstrate that this arrangement represents a regulatory contract and find that recent deregulatory measures constitute breach. The authors then argue that, whether or not a regulatory contract in fact exists, recent mandatory unbundling in the electric power industry and open-access regulation in the telecommunications field effectuate a taking without just compensation. Finally, relying on concepts such as investment-backed expectations and the efficient component-pricing rule, the authors not only demonstrate that damages would be equivalent under either contract or takings theory, but also warn that governments could face enormous liability for their deregulatory measures."

Sirico Jr, L J (2000). " The Citing of Law Reviews by the Supreme Court: 1971-1999 ." Indiana Law Journal 75 : 1009

"The present study updates the earlier effort to offer us a look at the Court's citation practices over an extensive period. Here, we examine citation practices during the 1971-73, 1981-83, 1991-93, and 1996-98 Supreme Court Terms, giving us four three-year periods as samples over the twenty-eight years. Our findings generally mirror our earlier ones. We find a continuing decline in number of times the Court cited legal periodicals and a noticeable decrease in citations to the top tier of law journals. This latter phenomenon is primarily due to a remarkable decline in the number of citations to the Harvard Law Review."

Smith, T. A. (2005). The Web of Law . San Diego, CA: 57.

"The purpose of this research is to see that American case law is a network, observe how it resembles the Web in structure. The system of American case law, however, is not just like a network. It is a network. It has the peculiar mathematical and statistical properties that networks have. It can be studied using techniques that are now being used to describe many other networks, some found in nature, and others created by human action. Studying the legal network can shed light on how the legal system evolves, and many other questions. To initiate what I hope will become a fruitful new type of legal scholarship, I present in this article the preliminary results of a rudimentary but significant citation study of nearly four million American legal precedents, which was undertaken at my request by the LexisNexis corporation using their well-known Shepard's citation service. This study demonstrates that the American case law network has the overall structure that network theory predicts it would."

Hansford (2000). "Measuring Legal Change: The Reliability and Validity of Shephard's Citations ." Political Research Quarterly 53 (2): 327-41

Spriggs II, J F and T G Hansford (2002). Explaining the Overruling of US Supreme Court Precedent . Berkeley, CA, Center for the Study of Law and Society: 45

"The decision to overrule precedent, we argue, results from the justices' pursuit of their policy preferences within intra- and extra-Court constraints. Based on a duration analysis of cases decided from the 1946 through 1995 terms, we show that ideological incongruence between a precedent and a subsequent Court increases the chance of it being overruled. Two legal norms also exert substantive effects, as the Court is less likely to overrule statutory precedents and more likely to overrule precedents that have been previously interpreted negatively by the Court. While certain precedent characteristics also influence this decision, the political environment exerts no such effect. Consequently, one of the principal implications of this research is that legal norms influence Supreme Court decision making."

Valente, T W (1995). Network models of the diffusion of innovations. Cresskill, NJ, Hampton Press

Van der Veer Martens, B (2001). " Do citation systems represent theories of truth? " Information Research 6 (2): 14

"...suggests that the citation can be viewed not only as a "concept symbol" but also as a "boundary object". The scientific, legal, and patent citation systems in America are examined at the micro, meso, and macro levels in order to understand how they function as commodified theories of truth in contemporary knowledge representation. This approach also offers a meta-theoretical overview of existing citation research efforts in science, law, and technology that may be of interdisciplinary interest."

Walker, J L (1969). " The Diffusion of Innovations among the American States. " American Political Science Review 63(3): 880-99

Walsh, D J (1997). "On the Meaning and Pattern of Legal Citations: Evidence From State Wrongful Discharge Precedent Cases." Law and Society Review 31: 337-60

Wasserman, S and J Galaskiewicz (1994). Advances in social network analysis: research in the social and behavioral sciences. Thousand Oaks, CA, Sage Publications

Watts, D J (2003). Six degrees: the science of a connected age. New York, WW Norton

Wellman, B. (1983). " Network Analysis: Some Basic Principles ." Sociological Theory 1: 155-200.

Wellman, B. (1988). Structural analysis: from method and metaphor to theory and substance . A Network Approach . B. Wellman and S. D. Berkowitz. Cambridge , Cambridge University Press : 19-61.

White, H C, S A Boorman, et al. (1976). " Social Structure from Multiple Networks: I. Blockmodels of Roles and Positions. " American Journal of Sociology 81(4): 730-80

"Networks of several distinct types of social tie are aggregated by a dual model that partitions a population while simultaneously identifying patterns of relations. Concepts and algorithms are demonstrated in five case studies involving up to 100 persons and up to eight types of tie, over as many as 15 time periods. In each case the model identifies a concrete social structure. Role and position concepts are then identified and interpreted in terms of these new models of concrete social structure."

White, H D, B Wellman, et al. (2004). " Does Citation Reflect Social Structure? Longitudinal Evidence from the ‘Globenet' Interdisciplinary Research Group. " Journal of the American Society for Information Science and Technology 55 (2): 111-26

"Many authors have posited a social component in citation, the consensus being that the citers and citees often have interpersonal as well as intellectual ties. Evidence for this belief has been rather meager, however, in part because social networks researchers have lacked bibliometric data (e.g., pairwise citation counts from online databases) and citation analysts have lacked sociometric data (e.g., pairwise measures of acquaintanceship). In 1997 Nazer extensively measured personal relationships and communication behaviors in what we here call Globenet, an international group of 16 researchers from seven disciplines that was established in 1993 to study human development. Since Globenet's membership is known, it was possible during 2002 to obtain citation records for all members in databases of the Institute for Scientific Information. This permitted examination of how members cite each other in journal articles over the past three decades and in a 1999 book to which they all contributed. It was also possible to explore links between the intercitation data and the social and communication data. Using network-analytic techniques, we look at the growth of intercitation over time, the extent to which it follows disciplinary or interdisciplinary lines, whether it covaries with degrees of acquaintanceship, whether it reflects Globenet's organizational structure, whether it is associated with particular in-group communication patterns, and whether it is related to the cocitation of Globenet members. Results show cocitation to be a powerful predictor of intercitation in the journal articles, while being an editor or coauthor is an important predictor in the book. Intellectual ties based on shared content did better as predictors than content-neutral social ties like friendship. However, scholars who cited each other (interciters) communicated more than did noninterciters."

Williamson, O E (1996). "Deregulatory takings and breach of the regulatory contract: Some precautions." New York University Law Review 71(4): 1007-18