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Jul 31

SAILER: Structure-aware Pre-trained Language Model for Legal Case Retrieval

Legal case retrieval, which aims to find relevant cases for a query case, plays a core role in the intelligent legal system. Despite the success that pre-training has achieved in ad-hoc retrieval tasks, effective pre-training strategies for legal case retrieval remain to be explored. Compared with general documents, legal case documents are typically long text sequences with intrinsic logical structures. However, most existing language models have difficulty understanding the long-distance dependencies between different structures. Moreover, in contrast to the general retrieval, the relevance in the legal domain is sensitive to key legal elements. Even subtle differences in key legal elements can significantly affect the judgement of relevance. However, existing pre-trained language models designed for general purposes have not been equipped to handle legal elements. To address these issues, in this paper, we propose SAILER, a new Structure-Aware pre-traIned language model for LEgal case Retrieval. It is highlighted in the following three aspects: (1) SAILER fully utilizes the structural information contained in legal case documents and pays more attention to key legal elements, similar to how legal experts browse legal case documents. (2) SAILER employs an asymmetric encoder-decoder architecture to integrate several different pre-training objectives. In this way, rich semantic information across tasks is encoded into dense vectors. (3) SAILER has powerful discriminative ability, even without any legal annotation data. It can distinguish legal cases with different charges accurately. Extensive experiments over publicly available legal benchmarks demonstrate that our approach can significantly outperform previous state-of-the-art methods in legal case retrieval.

Challenges and Considerations in Annotating Legal Data: A Comprehensive Overview

The process of annotating data within the legal sector is filled with distinct challenges that differ from other fields, primarily due to the inherent complexities of legal language and documentation. The initial task usually involves selecting an appropriate raw dataset that captures the intricate aspects of legal texts. Following this, extracting text becomes a complicated task, as legal documents often have complex structures, footnotes, references, and unique terminology. The importance of data cleaning is magnified in this context, ensuring that redundant information is eliminated while maintaining crucial legal details and context. Creating comprehensive yet straightforward annotation guidelines is imperative, as these guidelines serve as the road map for maintaining uniformity and addressing the subtle nuances of legal terminology. Another critical aspect is the involvement of legal professionals in the annotation process. Their expertise is valuable in ensuring that the data not only remains contextually accurate but also adheres to prevailing legal standards and interpretations. This paper provides an expanded view of these challenges and aims to offer a foundational understanding and guidance for researchers and professionals engaged in legal data annotation projects. In addition, we provide links to our created and fine-tuned datasets and language models. These resources are outcomes of our discussed projects and solutions to challenges faced while working on them.

LeCaRDv2: A Large-Scale Chinese Legal Case Retrieval Dataset

As an important component of intelligent legal systems, legal case retrieval plays a critical role in ensuring judicial justice and fairness. However, the development of legal case retrieval technologies in the Chinese legal system is restricted by three problems in existing datasets: limited data size, narrow definitions of legal relevance, and naive candidate pooling strategies used in data sampling. To alleviate these issues, we introduce LeCaRDv2, a large-scale Legal Case Retrieval Dataset (version 2). It consists of 800 queries and 55,192 candidates extracted from 4.3 million criminal case documents. To the best of our knowledge, LeCaRDv2 is one of the largest Chinese legal case retrieval datasets, providing extensive coverage of criminal charges. Additionally, we enrich the existing relevance criteria by considering three key aspects: characterization, penalty, procedure. This comprehensive criteria enriches the dataset and may provides a more holistic perspective. Furthermore, we propose a two-level candidate set pooling strategy that effectively identify potential candidates for each query case. It's important to note that all cases in the dataset have been annotated by multiple legal experts specializing in criminal law. Their expertise ensures the accuracy and reliability of the annotations. We evaluate several state-of-the-art retrieval models at LeCaRDv2, demonstrating that there is still significant room for improvement in legal case retrieval. The details of LeCaRDv2 can be found at the anonymous website https://github.com/anonymous1113243/LeCaRDv2.

MUSER: A Multi-View Similar Case Retrieval Dataset

Similar case retrieval (SCR) is a representative legal AI application that plays a pivotal role in promoting judicial fairness. However, existing SCR datasets only focus on the fact description section when judging the similarity between cases, ignoring other valuable sections (e.g., the court's opinion) that can provide insightful reasoning process behind. Furthermore, the case similarities are typically measured solely by the textual semantics of the fact descriptions, which may fail to capture the full complexity of legal cases from the perspective of legal knowledge. In this work, we present MUSER, a similar case retrieval dataset based on multi-view similarity measurement and comprehensive legal element with sentence-level legal element annotations. Specifically, we select three perspectives (legal fact, dispute focus, and law statutory) and build a comprehensive and structured label schema of legal elements for each of them, to enable accurate and knowledgeable evaluation of case similarities. The constructed dataset originates from Chinese civil cases and contains 100 query cases and 4,024 candidate cases. We implement several text classification algorithms for legal element prediction and various retrieval methods for retrieving similar cases on MUSER. The experimental results indicate that incorporating legal elements can benefit the performance of SCR models, but further efforts are still required to address the remaining challenges posed by MUSER. The source code and dataset are released at https://github.com/THUlawtech/MUSER.

Automating Legal Interpretation with LLMs: Retrieval, Generation, and Evaluation

Interpreting the law is always essential for the law to adapt to the ever-changing society. It is a critical and challenging task even for legal practitioners, as it requires meticulous and professional annotations and summarizations by legal experts, which are admittedly time-consuming and expensive to collect at scale. To alleviate the burden on legal experts, we propose a method for automated legal interpretation. Specifically, by emulating doctrinal legal research, we introduce a novel framework, ATRIE, to address Legal Concept Interpretation, a typical task in legal interpretation. ATRIE utilizes large language models (LLMs) to AuTomatically Retrieve concept-related information, Interpret legal concepts, and Evaluate generated interpretations, eliminating dependence on legal experts. ATRIE comprises a legal concept interpreter and a legal concept interpretation evaluator. The interpreter uses LLMs to retrieve relevant information from previous cases and interpret legal concepts. The evaluator uses performance changes on Legal Concept Entailment, a downstream task we propose, as a proxy of interpretation quality. Automated and multifaceted human evaluations indicate that the quality of our interpretations is comparable to those written by legal experts, with superior comprehensiveness and readability. Although there remains a slight gap in accuracy, it can already assist legal practitioners in improving the efficiency of legal interpretation.

ECtHR-PCR: A Dataset for Precedent Understanding and Prior Case Retrieval in the European Court of Human Rights

In common law jurisdictions, legal practitioners rely on precedents to construct arguments, in line with the doctrine of stare decisis. As the number of cases grow over the years, prior case retrieval (PCR) has garnered significant attention. Besides lacking real-world scale, existing PCR datasets do not simulate a realistic setting, because their queries use complete case documents while only masking references to prior cases. The query is thereby exposed to legal reasoning not yet available when constructing an argument for an undecided case as well as spurious patterns left behind by citation masks, potentially short-circuiting a comprehensive understanding of case facts and legal principles. To address these limitations, we introduce a PCR dataset based on judgements from the European Court of Human Rights (ECtHR), which explicitly separate facts from arguments and exhibit precedential practices, aiding us to develop this PCR dataset to foster systems' comprehensive understanding. We benchmark different lexical and dense retrieval approaches with various negative sampling strategies, adapting them to deal with long text sequences using hierarchical variants. We found that difficulty-based negative sampling strategies were not effective for the PCR task, highlighting the need for investigation into domain-specific difficulty criteria. Furthermore, we observe performance of the dense models degrade with time and calls for further research into temporal adaptation of retrieval models. Additionally, we assess the influence of different views , Halsbury's and Goodhart's, in practice in ECtHR jurisdiction using PCR task.

LegalVis: Exploring and Inferring Precedent Citations in Legal Documents

To reduce the number of pending cases and conflicting rulings in the Brazilian Judiciary, the National Congress amended the Constitution, allowing the Brazilian Supreme Court (STF) to create binding precedents (BPs), i.e., a set of understandings that both Executive and lower Judiciary branches must follow. The STF's justices frequently cite the 58 existing BPs in their decisions, and it is of primary relevance that judicial experts could identify and analyze such citations. To assist in this problem, we propose LegalVis, a web-based visual analytics system designed to support the analysis of legal documents that cite or could potentially cite a BP. We model the problem of identifying potential citations (i.e., non-explicit) as a classification problem. However, a simple score is not enough to explain the results; that is why we use an interpretability machine learning method to explain the reason behind each identified citation. For a compelling visual exploration of documents and BPs, LegalVis comprises three interactive visual components: the first presents an overview of the data showing temporal patterns, the second allows filtering and grouping relevant documents by topic, and the last one shows a document's text aiming to interpret the model's output by pointing out which paragraphs are likely to mention the BP, even if not explicitly specified. We evaluated our identification model and obtained an accuracy of 96%; we also made a quantitative and qualitative analysis of the results. The usefulness and effectiveness of LegalVis were evaluated through two usage scenarios and feedback from six domain experts.

Named entity recognition for Serbian legal documents: Design, methodology and dataset development

Recent advancements in the field of natural language processing (NLP) and especially large language models (LLMs) and their numerous applications have brought research attention to design of different document processing tools and enhancements in the process of document archiving, search and retrieval. Domain of official, legal documents is especially interesting due to vast amount of data generated on the daily basis, as well as the significant community of interested practitioners (lawyers, law offices, administrative workers, state institutions and citizens). Providing efficient ways for automation of everyday work involving legal documents is therefore expected to have significant impact in different fields. In this work we present one LLM based solution for Named Entity Recognition (NER) in the case of legal documents written in Serbian language. It leverages on the pre-trained bidirectional encoder representations from transformers (BERT), which had been carefully adapted to the specific task of identifying and classifying specific data points from textual content. Besides novel dataset development for Serbian language (involving public court rulings), presented system design and applied methodology, the paper also discusses achieved performance metrics and their implications for objective assessment of the proposed solution. Performed cross-validation tests on the created manually labeled dataset with mean F_1 score of 0.96 and additional results on the examples of intentionally modified text inputs confirm applicability of the proposed system design and robustness of the developed NER solution.

Foundation Models and Fair Use

Existing foundation models are trained on copyrighted material. Deploying these models can pose both legal and ethical risks when data creators fail to receive appropriate attribution or compensation. In the United States and several other countries, copyrighted content may be used to build foundation models without incurring liability due to the fair use doctrine. However, there is a caveat: If the model produces output that is similar to copyrighted data, particularly in scenarios that affect the market of that data, fair use may no longer apply to the output of the model. In this work, we emphasize that fair use is not guaranteed, and additional work may be necessary to keep model development and deployment squarely in the realm of fair use. First, we survey the potential risks of developing and deploying foundation models based on copyrighted content. We review relevant U.S. case law, drawing parallels to existing and potential applications for generating text, source code, and visual art. Experiments confirm that popular foundation models can generate content considerably similar to copyrighted material. Second, we discuss technical mitigations that can help foundation models stay in line with fair use. We argue that more research is needed to align mitigation strategies with the current state of the law. Lastly, we suggest that the law and technical mitigations should co-evolve. For example, coupled with other policy mechanisms, the law could more explicitly consider safe harbors when strong technical tools are used to mitigate infringement harms. This co-evolution may help strike a balance between intellectual property and innovation, which speaks to the original goal of fair use. But we emphasize that the strategies we describe here are not a panacea and more work is needed to develop policies that address the potential harms of foundation models.

Hallucination-Free? Assessing the Reliability of Leading AI Legal Research Tools

Legal practice has witnessed a sharp rise in products incorporating artificial intelligence (AI). Such tools are designed to assist with a wide range of core legal tasks, from search and summarization of caselaw to document drafting. But the large language models used in these tools are prone to "hallucinate," or make up false information, making their use risky in high-stakes domains. Recently, certain legal research providers have touted methods such as retrieval-augmented generation (RAG) as "eliminating" (Casetext, 2023) or "avoid[ing]" hallucinations (Thomson Reuters, 2023), or guaranteeing "hallucination-free" legal citations (LexisNexis, 2023). Because of the closed nature of these systems, systematically assessing these claims is challenging. In this article, we design and report on the first preregistered empirical evaluation of AI-driven legal research tools. We demonstrate that the providers' claims are overstated. While hallucinations are reduced relative to general-purpose chatbots (GPT-4), we find that the AI research tools made by LexisNexis (Lexis+ AI) and Thomson Reuters (Westlaw AI-Assisted Research and Ask Practical Law AI) each hallucinate between 17% and 33% of the time. We also document substantial differences between systems in responsiveness and accuracy. Our article makes four key contributions. It is the first to assess and report the performance of RAG-based proprietary legal AI tools. Second, it introduces a comprehensive, preregistered dataset for identifying and understanding vulnerabilities in these systems. Third, it proposes a clear typology for differentiating between hallucinations and accurate legal responses. Last, it provides evidence to inform the responsibilities of legal professionals in supervising and verifying AI outputs, which remains a central open question for the responsible integration of AI into law.

Empirical analysis of Binding Precedent efficiency in the Brazilian Supreme Court via Similar Case Retrieval

Binding precedents (S\'umulas Vinculantes) constitute a juridical instrument unique to the Brazilian legal system and whose objectives include the protection of the Federal Supreme Court against repetitive demands. Studies of the effectiveness of these instruments in decreasing the Court's exposure to similar cases, however, indicate that they tend to fail in such a direction, with some of the binding precedents seemingly creating new demands. We empirically assess the legal impact of five binding precedents, 11, 14, 17, 26 and 37, at the highest court level through their effects on the legal subjects they address. This analysis is only possible through the comparison of the Court's ruling about the precedents' themes before they are created, which means that these decisions should be detected through techniques of Similar Case Retrieval. The contributions of this article are therefore twofold: on the mathematical side, we compare the uses of different methods of Natural Language Processing -- TF-IDF, LSTM, BERT, and regex -- for Similar Case Retrieval, whereas on the legal side, we contrast the inefficiency of these binding precedents with a set of hypotheses that may justify their repeated usage. We observe that the deep learning models performed significantly worse in the specific Similar Case Retrieval task and that the reasons for binding precedents to fail in responding to repetitive demand are heterogeneous and case-dependent, making it impossible to single out a specific cause.

LexEval: A Comprehensive Chinese Legal Benchmark for Evaluating Large Language Models

Large language models (LLMs) have made significant progress in natural language processing tasks and demonstrate considerable potential in the legal domain. However, legal applications demand high standards of accuracy, reliability, and fairness. Applying existing LLMs to legal systems without careful evaluation of their potential and limitations could pose significant risks in legal practice. To this end, we introduce a standardized comprehensive Chinese legal benchmark LexEval. This benchmark is notable in the following three aspects: (1) Ability Modeling: We propose a new taxonomy of legal cognitive abilities to organize different tasks. (2) Scale: To our knowledge, LexEval is currently the largest Chinese legal evaluation dataset, comprising 23 tasks and 14,150 questions. (3) Data: we utilize formatted existing datasets, exam datasets and newly annotated datasets by legal experts to comprehensively evaluate the various capabilities of LLMs. LexEval not only focuses on the ability of LLMs to apply fundamental legal knowledge but also dedicates efforts to examining the ethical issues involved in their application. We evaluated 38 open-source and commercial LLMs and obtained some interesting findings. The experiments and findings offer valuable insights into the challenges and potential solutions for developing Chinese legal systems and LLM evaluation pipelines. The LexEval dataset and leaderboard are publicly available at https://github.com/CSHaitao/LexEval and will be continuously updated.

Methods for Legal Citation Prediction in the Age of LLMs: An Australian Law Case Study

In recent years, Large Language Models (LLMs) have shown great potential across a wide range of legal tasks. Despite these advances, mitigating hallucination remains a significant challenge, with state-of-the-art LLMs still frequently generating incorrect legal references. In this paper, we focus on the problem of legal citation prediction within the Australian law context, where correctly identifying and citing relevant legislations or precedents is critical. We compare several approaches: prompting general purpose and law-specialised LLMs, retrieval-only pipelines with both generic and domain-specific embeddings, task-specific instruction-tuning of LLMs, and hybrid strategies that combine LLMs with retrieval augmentation, query expansion, or voting ensembles. Our findings indicate that domain-specific pre-training alone is insufficient for achieving satisfactory citation accuracy even after law-specialised pre-training. In contrast, instruction tuning on our task-specific dataset dramatically boosts performance reaching the best results across all settings. We also highlight that database granularity along with the type of embeddings play a critical role in the performance of retrieval systems. Among retrieval-based approaches, hybrid methods consistently outperform retrieval-only setups, and among these, ensemble voting delivers the best result by combining the predictive quality of instruction-tuned LLMs with the retrieval system.

Solving the unsolvable: Translating case law in Hong Kong

This paper addresses the challenges translating case law under Hong Kong's bilingual legal system. It highlights the initial success of translating all written statutes into Chinese before the 1997 handover, a task mandated by the Basic Law. The effort involved significant collaboration among legal, linguistic, and translation experts, resulting in a comprehensive and culturally appropriate bilingual legal system. However, translating case law remains a significant challenge due to the sheer volume and continuous growth of judicial decisions. The paper critiques the governments and judiciarys sporadic and uncoordinated efforts to translate case law, contrasting it with the thorough approach previously taken for statute translation. Although the government acknowledges the importance of legal bilingualism, it lacks a sustainable strategy for translating case law. The Judiciarys position that translating all judgments is unnecessary, unrealistic, and not cost-effectiveis analyzed and critiqued for its impact on legal transparency and public trust. A proposed solution involves leveraging machine translation technology through a human-machine interactive translation platform, which undergoes two major transitions. Initially based on a neural model, the platform transitions to using a large language model for improved translation accuracy. Furthermore, it evolves from a single-agent system to a multi-agent system, incorporating Translator, Annotator, and Proofreader agents. This multi-agent approach, supported by a grant, aims to facilitate efficient, high-quality translation of judicial judgments by integrating advanced artificial intelligence and continuous feedback mechanisms, thus better meeting the needs of a bilingual legal system.

Compliance Cards: Computational Artifacts for Automated AI Regulation Compliance

As the artificial intelligence (AI) supply chain grows more complex, AI systems and models are increasingly likely to incorporate externally-sourced ingredients such as datasets and other models. In such cases, determining whether or not an AI system or model complies with the EU AI Act will require gathering compliance-related metadata about both the AI system or model at-large as well as those externally-supplied ingredients. There must then be an analysis that looks across all of this metadata to render a prediction about the compliance of the overall AI system or model. Up until now, this process has not been automated. Thus, it has not been possible to make real-time compliance determinations in scenarios where doing so would be advantageous, such as the iterative workflows of today's AI developers, search and acquisition of AI ingredients on communities like Hugging Face, federated and continuous learning, and more. To address this shortcoming, we introduce a highly automated system for AI Act compliance analysis. This system has two key elements. First is an interlocking set of computational artifacts that capture compliance-related metadata about both: (1) the AI system or model at-large; (2) any constituent ingredients such as datasets and models. Second is an automated analysis algorithm that operates across those computational artifacts to render a run-time prediction about whether or not the overall AI system or model complies with the AI Act. Working together, these elements promise to enhance and accelerate AI Act compliance assessments.

Structural Text Segmentation of Legal Documents

The growing complexity of legal cases has lead to an increasing interest in legal information retrieval systems that can effectively satisfy user-specific information needs. However, such downstream systems typically require documents to be properly formatted and segmented, which is often done with relatively simple pre-processing steps, disregarding topical coherence of segments. Systems generally rely on representations of individual sentences or paragraphs, which may lack crucial context, or document-level representations, which are too long for meaningful search results. To address this issue, we propose a segmentation system that can predict topical coherence of sequential text segments spanning several paragraphs, effectively segmenting a document and providing a more balanced representation for downstream applications. We build our model on top of popular transformer networks and formulate structural text segmentation as topical change detection, by performing a series of independent classifications that allow for efficient fine-tuning on task-specific data. We crawl a novel dataset consisting of roughly 74,000 online Terms-of-Service documents, including hierarchical topic annotations, which we use for training. Results show that our proposed system significantly outperforms baselines, and adapts well to structural peculiarities of legal documents. We release both data and trained models to the research community for future work.https://github.com/dennlinger/TopicalChange

Attentive Deep Neural Networks for Legal Document Retrieval

Legal text retrieval serves as a key component in a wide range of legal text processing tasks such as legal question answering, legal case entailment, and statute law retrieval. The performance of legal text retrieval depends, to a large extent, on the representation of text, both query and legal documents. Based on good representations, a legal text retrieval model can effectively match the query to its relevant documents. Because legal documents often contain long articles and only some parts are relevant to queries, it is quite a challenge for existing models to represent such documents. In this paper, we study the use of attentive neural network-based text representation for statute law document retrieval. We propose a general approach using deep neural networks with attention mechanisms. Based on it, we develop two hierarchical architectures with sparse attention to represent long sentences and articles, and we name them Attentive CNN and Paraformer. The methods are evaluated on datasets of different sizes and characteristics in English, Japanese, and Vietnamese. Experimental results show that: i) Attentive neural methods substantially outperform non-neural methods in terms of retrieval performance across datasets and languages; ii) Pretrained transformer-based models achieve better accuracy on small datasets at the cost of high computational complexity while lighter weight Attentive CNN achieves better accuracy on large datasets; and iii) Our proposed Paraformer outperforms state-of-the-art methods on COLIEE dataset, achieving the highest recall and F2 scores in the top-N retrieval task.

Interpretable Long-Form Legal Question Answering with Retrieval-Augmented Large Language Models

Many individuals are likely to face a legal dispute at some point in their lives, but their lack of understanding of how to navigate these complex issues often renders them vulnerable. The advancement of natural language processing opens new avenues for bridging this legal literacy gap through the development of automated legal aid systems. However, existing legal question answering (LQA) approaches often suffer from a narrow scope, being either confined to specific legal domains or limited to brief, uninformative responses. In this work, we propose an end-to-end methodology designed to generate long-form answers to any statutory law questions, utilizing a "retrieve-then-read" pipeline. To support this approach, we introduce and release the Long-form Legal Question Answering (LLeQA) dataset, comprising 1,868 expert-annotated legal questions in the French language, complete with detailed answers rooted in pertinent legal provisions. Our experimental results demonstrate promising performance on automatic evaluation metrics, but a qualitative analysis uncovers areas for refinement. As one of the only comprehensive, expert-annotated long-form LQA dataset, LLeQA has the potential to not only accelerate research towards resolving a significant real-world issue, but also act as a rigorous benchmark for evaluating NLP models in specialized domains. We publicly release our code, data, and models.

Lawma: The Power of Specialization for Legal Tasks

Annotation and classification of legal text are central components of empirical legal research. Traditionally, these tasks are often delegated to trained research assistants. Motivated by the advances in language modeling, empirical legal scholars are increasingly turning to prompting commercial models, hoping that it will alleviate the significant cost of human annotation. Despite growing use, our understanding of how to best utilize large language models for legal tasks remains limited. We conduct a comprehensive study of 260 legal text classification tasks, nearly all new to the machine learning community. Starting from GPT-4 as a baseline, we show that it has non-trivial but highly varied zero-shot accuracy, often exhibiting performance that may be insufficient for legal work. We then demonstrate that a lightly fine-tuned Llama 3 model vastly outperforms GPT-4 on almost all tasks, typically by double-digit percentage points. We find that larger models respond better to fine-tuning than smaller models. A few tens to hundreds of examples suffice to achieve high classification accuracy. Notably, we can fine-tune a single model on all 260 tasks simultaneously at a small loss in accuracy relative to having a separate model for each task. Our work points to a viable alternative to the predominant practice of prompting commercial models. For concrete legal tasks with some available labeled data, researchers are better off using a fine-tuned open-source model.

A Computational Analysis of Oral Argument in the Supreme Court

As the most public component of the Supreme Court's decision-making process, oral argument receives an out-sized share of attention in the popular media. Despite its prominence, however, the basic function and operation of oral argument as an institution remains poorly understood, as political scientists and legal scholars continue to debate even the most fundamental questions about its role. Past study of oral argument has tended to focus on discrete, quantifiable attributes of oral argument, such as the number of questions asked to each advocate, the party of the Justices' appointing president, or the ideological implications of the case on appeal. Such studies allow broad generalizations about oral argument and judicial decision making: Justices tend to vote in accordance with their ideological preferences, and they tend to ask more questions when they are skeptical of a party's position. But they tell us little about the actual goings on at oral argument -- the running dialog between Justice and advocate that is the heart of the institution. This Article fills that void, using machine learning techniques to, for the first time, construct predictive models of judicial decision making based not on oral argument's superficial features or on factors external to oral argument, such as where the case falls on a liberal-conservative spectrum, but on the actual content of the oral argument itself -- the Justices' questions to each side. The resultant models offer an important new window into aspects of oral argument that have long resisted empirical study, including the Justices' individual questioning styles, how each expresses skepticism, and which of the Justices' questions are most central to oral argument dialog.

Stronger Together: on the Articulation of Ethical Charters, Legal Tools, and Technical Documentation in ML

The growing need for accountability of the people behind AI systems can be addressed by leveraging processes in three fields of study: ethics, law, and computer science. While these fields are often considered in isolation, they rely on complementary notions in their interpretation and implementation. In this work, we detail this interdependence and motivate the necessary role of collaborative governance tools in shaping a positive evolution of AI. We first contrast notions of compliance in the ethical, legal, and technical fields; we outline both their differences and where they complement each other, with a particular focus on the roles of ethical charters, licenses, and technical documentation in these interactions. We then focus on the role of values in articulating the synergies between the fields and outline specific mechanisms of interaction between them in practice. We identify how these mechanisms have played out in several open governance fora: an open collaborative workshop, a responsible licensing initiative, and a proposed regulatory framework. By leveraging complementary notions of compliance in these three domains, we can create a more comprehensive framework for governing AI systems that jointly takes into account their technical capabilities, their impact on society, and how technical specifications can inform relevant regulations. Our analysis thus underlines the necessity of joint consideration of the ethical, legal, and technical in AI ethics frameworks to be used on a larger scale to govern AI systems and how the thinking in each of these areas can inform the others.

Towards Mitigating Perceived Unfairness in Contracts from a Non-Legal Stakeholder's Perspective

Commercial contracts are known to be a valuable source for deriving project-specific requirements. However, contract negotiations mainly occur among the legal counsel of the parties involved. The participation of non-legal stakeholders, including requirement analysts, engineers, and solution architects, whose primary responsibility lies in ensuring the seamless implementation of contractual terms, is often indirect and inadequate. Consequently, a significant number of sentences in contractual clauses, though legally accurate, can appear unfair from an implementation perspective to non-legal stakeholders. This perception poses a problem since requirements indicated in the clauses are obligatory and can involve punitive measures and penalties if not implemented as committed in the contract. Therefore, the identification of potentially unfair clauses in contracts becomes crucial. In this work, we conduct an empirical study to analyze the perspectives of different stakeholders regarding contractual fairness. We then investigate the ability of Pre-trained Language Models (PLMs) to identify unfairness in contractual sentences by comparing chain of thought prompting and semi-supervised fine-tuning approaches. Using BERT-based fine-tuning, we achieved an accuracy of 84% on a dataset consisting of proprietary contracts. It outperformed chain of thought prompting using Vicuna-13B by a margin of 9%.

Towards Best Practices for Open Datasets for LLM Training

Many AI companies are training their large language models (LLMs) on data without the permission of the copyright owners. The permissibility of doing so varies by jurisdiction: in countries like the EU and Japan, this is allowed under certain restrictions, while in the United States, the legal landscape is more ambiguous. Regardless of the legal status, concerns from creative producers have led to several high-profile copyright lawsuits, and the threat of litigation is commonly cited as a reason for the recent trend towards minimizing the information shared about training datasets by both corporate and public interest actors. This trend in limiting data information causes harm by hindering transparency, accountability, and innovation in the broader ecosystem by denying researchers, auditors, and impacted individuals access to the information needed to understand AI models. While this could be mitigated by training language models on open access and public domain data, at the time of writing, there are no such models (trained at a meaningful scale) due to the substantial technical and sociological challenges in assembling the necessary corpus. These challenges include incomplete and unreliable metadata, the cost and complexity of digitizing physical records, and the diverse set of legal and technical skills required to ensure relevance and responsibility in a quickly changing landscape. Building towards a future where AI systems can be trained on openly licensed data that is responsibly curated and governed requires collaboration across legal, technical, and policy domains, along with investments in metadata standards, digitization, and fostering a culture of openness.

Low-Resource Court Judgment Summarization for Common Law Systems

Common law courts need to refer to similar precedents' judgments to inform their current decisions. Generating high-quality summaries of court judgment documents can facilitate legal practitioners to efficiently review previous cases and assist the general public in accessing how the courts operate and how the law is applied. Previous court judgment summarization research focuses on civil law or a particular jurisdiction's judgments. However, judges can refer to the judgments from all common law jurisdictions. Current summarization datasets are insufficient to satisfy the demands of summarizing precedents across multiple jurisdictions, especially when labeled data are scarce for many jurisdictions. To address the lack of datasets, we present CLSum, the first dataset for summarizing multi-jurisdictional common law court judgment documents. Besides, this is the first court judgment summarization work adopting large language models (LLMs) in data augmentation, summary generation, and evaluation. Specifically, we design an LLM-based data augmentation method incorporating legal knowledge. We also propose a legal knowledge enhanced evaluation metric based on LLM to assess the quality of generated judgment summaries. Our experimental results verify that the LLM-based summarization methods can perform well in the few-shot and zero-shot settings. Our LLM-based data augmentation method can mitigate the impact of low data resources. Furthermore, we carry out comprehensive comparative experiments to find essential model components and settings that are capable of enhancing summarization performance.

Machine Learners Should Acknowledge the Legal Implications of Large Language Models as Personal Data

Does GPT know you? The answer depends on your level of public recognition; however, if your information was available on a website, the answer is probably yes. All Large Language Models (LLMs) memorize training data to some extent. If an LLM training corpus includes personal data, it also memorizes personal data. Developing an LLM typically involves processing personal data, which falls directly within the scope of data protection laws. If a person is identified or identifiable, the implications are far-reaching: the AI system is subject to EU General Data Protection Regulation requirements even after the training phase is concluded. To back our arguments: (1.) We reiterate that LLMs output training data at inference time, be it verbatim or in generalized form. (2.) We show that some LLMs can thus be considered personal data on their own. This triggers a cascade of data protection implications such as data subject rights, including rights to access, rectification, or erasure. These rights extend to the information embedded with-in the AI model. (3.) This paper argues that machine learning researchers must acknowledge the legal implications of LLMs as personal data throughout the full ML development lifecycle, from data collection and curation to model provision on, e.g., GitHub or Hugging Face. (4.) We propose different ways for the ML research community to deal with these legal implications. Our paper serves as a starting point for improving the alignment between data protection law and the technical capabilities of LLMs. Our findings underscore the need for more interaction between the legal domain and the ML community.

NESTLE: a No-Code Tool for Statistical Analysis of Legal Corpus

The statistical analysis of large scale legal corpus can provide valuable legal insights. For such analysis one needs to (1) select a subset of the corpus using document retrieval tools, (2) structuralize text using information extraction (IE) systems, and (3) visualize the data for the statistical analysis. Each process demands either specialized tools or programming skills whereas no comprehensive unified "no-code" tools have been available. Especially for IE, if the target information is not predefined in the ontology of the IE system, one needs to build their own system. Here we provide NESTLE, a no code tool for large-scale statistical analysis of legal corpus. With NESTLE, users can search target documents, extract information, and visualize the structured data all via the chat interface with accompanying auxiliary GUI for the fine-level control. NESTLE consists of three main components: a search engine, an end-to-end IE system, and a Large Language Model (LLM) that glues the whole components together and provides the chat interface. Powered by LLM and the end-to-end IE system, NESTLE can extract any type of information that has not been predefined in the IE system opening up the possibility of unlimited customizable statistical analysis of the corpus without writing a single line of code. The use of the custom end-to-end IE system also enables faster and low-cost IE on large scale corpus. We validate our system on 15 Korean precedent IE tasks and 3 legal text classification tasks from LEXGLUE. The comprehensive experiments reveal NESTLE can achieve GPT-4 comparable performance by training the internal IE module with 4 human-labeled, and 192 LLM-labeled examples. The detailed analysis provides the insight on the trade-off between accuracy, time, and cost in building such system.

Achieving Socio-Economic Parity through the Lens of EU AI Act

Unfair treatment and discrimination are critical ethical concerns in AI systems, particularly as their adoption expands across diverse domains. Addressing these challenges, the recent introduction of the EU AI Act establishes a unified legal framework to ensure legal certainty for AI innovation and investment while safeguarding public interests, such as health, safety, fundamental rights, democracy, and the rule of law (Recital 8). The Act encourages stakeholders to initiate dialogue on existing AI fairness notions to address discriminatory outcomes of AI systems. However, these notions often overlook the critical role of Socio-Economic Status (SES), inadvertently perpetuating biases that favour the economically advantaged. This is concerning, given that principles of equalization advocate for equalizing resources or opportunities to mitigate disadvantages beyond an individual's control. While provisions for discrimination are laid down in the AI Act, specialized directions should be broadened, particularly in addressing economic disparities perpetuated by AI systems. In this work, we explore the limitations of popular AI fairness notions using a real-world dataset (Adult), highlighting their inability to address SES-driven disparities. To fill this gap, we propose a novel fairness notion, Socio-Economic Parity (SEP), which incorporates SES and promotes positive actions for underprivileged groups while accounting for factors within an individual's control, such as working hours, which can serve as a proxy for effort. We define a corresponding fairness measure and optimize a model constrained by SEP to demonstrate practical utility. Our results show the effectiveness of SEP in mitigating SES-driven biases. By analyzing the AI Act alongside our method, we lay a foundation for aligning AI fairness with SES factors while ensuring legal compliance.

TransformLLM: Adapting Large Language Models via LLM-Transformed Reading Comprehension Text

Large Language Models (LLMs) have shown promise in highly-specialized domains, however challenges are still present in aspects of accuracy and costs. These limitations restrict the usage of existing models in domain-specific tasks. While fine-tuning pre-trained models have shown promising results, this process can be computationally expensive and require massive datasets of the specialized application in hand. In this work, we bridge that gap. We have developed Phi-2-Legal and Mistral-Legal-7B, which are language models specifically designed for legal applications. These models are based on Phi-2 and Mistral-7B-v0.1, and have gone through continued pre-training with over 500 million tokens of legal texts. Our innovative approach significantly improves capabilities in legal tasks by using Large Language Models (LLMs) to convert raw training data into reading comprehension text. Our legal LLMs have demonstrated superior performance in legal benchmarks, even outperforming models trained on much larger datasets with more resources. This work emphasizes the effectiveness of continued pre-training on domain-specific texts, while using affordable LLMs for data conversion, which gives these models domain expertise while retaining general language understanding capabilities. While this work uses the legal domain as a test case, our method can be scaled and applied to any pre-training dataset, resulting in significant improvements across different tasks. These findings underscore the potential of domain-adaptive pre-training and reading comprehension for the development of highly effective domain-specific language models.

When Does Pretraining Help? Assessing Self-Supervised Learning for Law and the CaseHOLD Dataset

While self-supervised learning has made rapid advances in natural language processing, it remains unclear when researchers should engage in resource-intensive domain-specific pretraining (domain pretraining). The law, puzzlingly, has yielded few documented instances of substantial gains to domain pretraining in spite of the fact that legal language is widely seen to be unique. We hypothesize that these existing results stem from the fact that existing legal NLP tasks are too easy and fail to meet conditions for when domain pretraining can help. To address this, we first present CaseHOLD (Case Holdings On Legal Decisions), a new dataset comprised of over 53,000+ multiple choice questions to identify the relevant holding of a cited case. This dataset presents a fundamental task to lawyers and is both legally meaningful and difficult from an NLP perspective (F1 of 0.4 with a BiLSTM baseline). Second, we assess performance gains on CaseHOLD and existing legal NLP datasets. While a Transformer architecture (BERT) pretrained on a general corpus (Google Books and Wikipedia) improves performance, domain pretraining (using corpus of approximately 3.5M decisions across all courts in the U.S. that is larger than BERT's) with a custom legal vocabulary exhibits the most substantial performance gains with CaseHOLD (gain of 7.2% on F1, representing a 12% improvement on BERT) and consistent performance gains across two other legal tasks. Third, we show that domain pretraining may be warranted when the task exhibits sufficient similarity to the pretraining corpus: the level of performance increase in three legal tasks was directly tied to the domain specificity of the task. Our findings inform when researchers should engage resource-intensive pretraining and show that Transformer-based architectures, too, learn embeddings suggestive of distinct legal language.