The Big Data Jury

Andrew Guthrie Ferguson*

Big data technologies now exist to create algorithmically perfect jury pools matching the demographic realities of a community. Big data technologies also exist to provide litigants a wealth of personal information about potential jurors. The question remains whether these technological innovations benefit the jury system. This Article addresses the disruptive impact of big data on jury selection and the dilemma it presents to courts, lawyers, and citizens.

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© 2015 Andrew Guthrie Ferguson. Individuals and nonprofit institutions may reproduce and distribute copies of this Article in any format at or below cost, for educational purposes, so long as each copy identifies the author, provides a citation to the Notre Dame Law Review, and includes this provision in the copyright notice.

*Professor of Law, David A. Clarke School of Law at the University of the District of Columbia. Thank you to Professors Lea Johnston, Cara Drinan, Kevin Lapp, Nina Chernoff, Cortney Lollar, Vida Johnson, and Samantha Buckingham for their review of earlier drafts of this Article. Special thank you to Adrian Madsen for his excellent research assistance.