What does it take for a legal proposition to be safe to rely on?
Moving verification from 'is this case good law' to 'is this proposition usable here, now, for this client'.
11 pieces · 6 theses · 4 frameworks · Program RSS

Verification, as the profession now practices it, asks whether a case is good law. Attorneys need the answer to a narrower and harder question: whether this proposition, drawn from this case, is usable here. A holding can be real, accurately quoted and clean in every citator, and still be dead as a proposition, displaced in this forum, announced under a different procedural standard, adverse to the client, or already offered to a court in this jurisdiction and rejected. None of those failures announces itself. Opposing counsel may miss them. The court may miss them. The client never sees them.
This program builds the vocabulary and the protocols for closing that gap. The Proposition-Usability Model, set out in Good Law for What?, replaces one question with four: is the proposition still valid, does it govern in this forum and posture, whom does it help, and has the argument already been rejected. The Case Treatment Taxonomy classifies treatment at the level of the holding, by scope, severity and mechanism, because one opinion can overrule one holding, distinguish another and follow a third. The Posture Mismatch Taxonomy names the failure no citator flags: right law, wrong stage. The Completeness Protocol turns to what a brief leaves out, because motions are lost on the complement as well as on the contents.
Why this matters: citation checking has become the profession's default answer to AI risk, and it is a legitimate control. But it inspects citation-sentence pairs. It cannot see the wrong standard applied correctly, the controlling adverse case that was never pulled, or the argument this court has already refused. A verification layer is a smoke alarm, not a building code. The work here is to specify what the building code should say, in terms a librarian, a judge or a malpractice carrier can apply without trusting any vendor, the Institute's own sponsor included.
Theses from this program
Formalized in this program
The Proposition-Usability Model
A cited proposition is usable only when it is still valid, governs in the forum and procedural posture, helps the represented party, and has not already been rejected in the jurisdiction.
Case Treatment Taxonomy
Each treatment of an earlier case by a later one is classified holding by holding, along three dimensions (scope, severity and mechanism), into one of four families, and when in doubt the classification over-flags rather than under-flags.
Posture Mismatch Taxonomy
A citation can be real, accurate, good law and on point and still be wrong, because the proposition it is offered for depends on a standard, record, burden or forum different from the motion's; element definitions and substantive rules usually carry across stages, sufficiency holdings do not.
Pre-Filing Completeness Protocol
Research is complete enough to file when every element of every claim at issue has its governing standard, controlling authority, record support, adverse-authority check and rejected-argument check recorded, and every one of those cells ends in a citation or a logged search that found nothing.
Reading order
- 01Good Law for What?A Proposition-Usability Model for Verification in AI-Assisted Legal Research
- 02The Verification Layer Is a Smoke Alarm, Not a Building CodeWhy "just verify it" is the laziest idea in legal AI
- 03Right Law, Wrong StageProcedural Posture as the Failure No Citator Flags
- 04Case Treatment Classification GuideCan I still rely on this case, and if so, to what extent?
- 05The Case You Never PulledA Pre-Filing Completeness Protocol for Dispositive Motions
- 06The Smoke Alarm ProblemWhat Happens on Monday Morning When a Firm Relies on a Citation Verifier