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David Rosenbloom Weighs in on the Use of Data Analytics in Court Cases

January 23, 2020, Tax Notes

The French judiciary's reaction to a tax lawyer’s analysis of disparities in their decisions on asylum cases has resulted in legislation authorizing prison terms for the use of data analytics to identify judges in courtroom disputes.  

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David Rosenbloom, a tax lawyer with Caplin & Drysdale in Washington, said forum shopping is common in tax litigation. “It is inevitable,” he said. “Entire books have been written on the considerations to be taken into account. I have never heard anyone say the practice is illegitimate. If it were, the government should limit the options that are readily available to taxpayers. As far as I know, statistics are used in picking juries in the United States, determining where to initiate lawsuits, [and predicting] the behavior of prosecutors and other persons in critical decision-making roles. How can any of this be proscribed, or even limited?” 

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