Yes, that'll be a question in terms of outcomes. From first principles, more noise might drown the signal of a case litigated on merits. On the other hand, a lot of empirical work showing that longer briefs correlate with better outcomes (but likely cofounders here, as in, longer because better supported by case law). And of course, all depends on to what extent the other side just produces longer briefs as well !
The way I see it, academics have an even harder road ahead of them. Law has a mostly closed canon, harsh potential penalties for fake cases, and strong incentive for opposing counsel to catch it. In academia, there’s a much wider world of competing theories and journals and institutions, less obvious enforcement of academic penalties for hallucinated citations, and less clear incentive for individual reviewers to spend the effort to verify citations compared to adversarial court system. I’m speaking in relative terms, it’s not that the dynamic is completely flipped.
Brilliant. It makes me wonder, how does this "hypergraphia" concretely affect client outcomes in practice? Sounds like a real challange.
Yes, that'll be a question in terms of outcomes. From first principles, more noise might drown the signal of a case litigated on merits. On the other hand, a lot of empirical work showing that longer briefs correlate with better outcomes (but likely cofounders here, as in, longer because better supported by case law). And of course, all depends on to what extent the other side just produces longer briefs as well !
The way I see it, academics have an even harder road ahead of them. Law has a mostly closed canon, harsh potential penalties for fake cases, and strong incentive for opposing counsel to catch it. In academia, there’s a much wider world of competing theories and journals and institutions, less obvious enforcement of academic penalties for hallucinated citations, and less clear incentive for individual reviewers to spend the effort to verify citations compared to adversarial court system. I’m speaking in relative terms, it’s not that the dynamic is completely flipped.