A Machine Learning Theory Perspective on Strategic Litigation

Abstract:Strategic litigation involves bringing a case to court with the goal of having an impact beyond resolving the particular dispute at hand. In a common law system, one way a case may have far-reaching impact is by establishing new legal precedent that later courts must follow. In this paper, we explore strategic litigation from the perspective of machine learning theory. We consider an abstract model of a common law legal system where a lower court decides new cases by applying a decision rule learned from a higher court's past rulings. In this model, we explore the power of a strategic litigator, who strategically brings cases to the higher court to influence the decision rule applied by the lower court in future cases. We explore questions including: What impact can a strategic litigator have? Which cases should a strategic litigator bring to court? Does it ever make sense for a strategic litigator to bring a case when they are sure the court will rule against them? We show that this strategic case selection problem has interesting structure, with even simple settings exhibiting counterintuitive phenomena. When cases are represented by points in one dimension and the lower court's learning algorithm is nearest neighbor, or as points in d dimensions and the lower court's learning algorithm is a support vector machine, we characterize the set of inducible decision rules and develop algorithms for selecting an optimal set of cases to bring to the higher court given the strategic litigator's objectives.

Machine Learning (cs.LG); Computer Science and Game Theory (cs.GT)

arXiv:2506.03411 [cs.LG]

(or arXiv:2506.03411v2 [cs.LG] for this version)

https://doi.org/10.48550/arXiv.2506.03411 Focus to learn more arXiv-issued DOI via DataCite

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