The search of legal precedence or stare decisis has always distinguished the lawyer who is in professional practice. The development of the internet has led to a greater dimension in this research and to an empirical approach to understanding the application of law. The academic lawyer has always needed access to the newest legislation and case law and the online search engines are of increasing relevance to accessing the virtual library. This is necessary to assimilate because of the impact of law and technology which is not just of relevance to find texts but also the process of artificial intelligence that is of utility in forms of inquiry. It includes portals that can be sourced online, Lexis and Westlaw which have available software packages that are available for lawyers. The issue is if the technology is moving at excessive speed or is the momentum of digital technology sustainable within the profession. This article argues that legal software provides the means for artificial intelligence in an increasingly specialist field and it is necessary for professionals to stay equipped with knowledge updates on computer terminals in order to enhance their research or lose out in the information supply chain.

We present in broad outline a theory of document acts, using the influential Supreme Court opinion in Marbury v. Madison (1803) as our principal test case. Marbury has a superabundance of rhetorical questions. They make up a significant and stylistically prominent portion of the total linguistic material of the text, yet they all but disappear from Marbury’s citation history and thus its content as an enduring jurisprudential entity. To account for these facts, we examine Marbury as a whole text addressing a particular situation, as a pastiche of constructions, and as a tool of jurisprudential decision-making. The intersection and independence of these ‘modes of being’ call for an overarching theoretical framework capable of accounting for facets of documents’ existence at three distinct but interpenetrating strata: system, artifact, and construction. We base our theory on primordial cognitive capacities for joint attention and joint commitments, with the strata as consequences of embodied human minds born into and embedded in intersubjective environments filled with and shaped by documents and their circulation. The closed system of United States Supreme Court opinions makes an excellent case for a theory of document acts that will eventually be used to understand and explain more open-ended systems.

The US Supreme Court case of José Ernesto Medellín, Petitioner v. Texas, decided on 25 March 2008, has generally been seen as a US refusal to follow unambiguous treaty provisions. There has not been such a strong reaction to US behaviour relative to specific treaty obligations since the 1992 Alvarez-Machain case. The Supreme Court majority (six votes to three) held that ‘neither Avena nor the President's Memorandum constitutes directly enforceable federal law’. The uncomfortable – and to many illogical – conclusion reached by the Court was that even though Avena is an ‘international law obligation on the part of the United States’, it is not binding law within the United States even in the light of an explicit presidential order. While the result may be disappointing, the case should be understood in the context of a legal system that (i) makes treaties part of ‘the supreme Law of the Land’; (ii) has developed a complicated concept of self-executing treaties; and (iii) can be hesitant to direct states (sub-national units) to follow presidential directives even on matters of foreign policy.