Chat GPT and Legal Research: A Cautionary Tale

Paul Daly February 21, 2023

Like many others, I have enjoyed using the new Chat GPT tool. I thought it would be useful in making a start on a project I would like to conduct on administrative monetary penalties. I engaged in a chat with the tool, which clearly understood the core concepts, and, after some prodding, it generated a long list of articles for me:

  • Banks, Kevin, and Jennifer Flinn. “Administrative Monetary Penalties: An Overview of the Canadian Legal Framework.” Canadian Business Law Journal (2003): 45-78.
  • Banks, Kevin, and Jennifer Flinn. “The Role of Administrative Monetary Penalties in Regulating Financial Institutions in Canada.” Financial Regulation Law Review (2008): 78-123.
  • Bobinski, Mary Anne, and Margot E. Hurlbert. “Administrative Monetary Penalties: An Effective Enforcement Tool for Consumer Protection.” American Business Law Journal (2004): 199-243
  • Bobinski, Mary Anne, and Margot E. Hurlbert. “Administrative Monetary Penalties in the European Union: A Flexible and Effective Tool for Consumer Protection.” Journal of European Consumer and Market Law (2008): 120-162.
  • Bobinski, Mary Anne, and Margot E. Hurlbert. “Enforcing Consumer Protection through Administrative Monetary Penalties: A Canadian Perspective.” University of British Columbia Law Review (2004): 143-184.
  • Cain, Maureen E., and Michael W. Stocker. “The Use of Administrative Monetary Penalties in the Enforcement of EU Competition Law.” European Competition Law Review (2006): 713-749.
  • Donahey, M. Scott, and John G. Sprankling. “Administrative Monetary Penalties: A Flexible and Efficient Tool for Regulatory Enforcement.” University of Pittsburgh Law Review (2003): 527-569.
  • Driesen, David M. “The Role of Administrative Monetary Penalties in Environmental Regulation in the European Union.” Environmental Law Review (2010): 65-102.
  • Driesen, David M. “The Use of Administrative Monetary Penalties in Environmental Regulation.” Columbia Journal of Environmental Law (1998): 363-407.
  • Faure, Michael, and Jens Franken. “Administrative Monetary Penalties in the European Union: A Comparative Analysis.” European Business Law Review (2005): 367-406.
  • Faure, Michael, and Jens Franken. “The Use of Administrative Monetary Penalties: A Comparative Analysis.” Journal of Business Law (2003): 591-619.
  • Flinn, Jennifer. “The Use of Administrative Monetary Penalties in Environmental Regulation: A Canadian Perspective.” Environmental Law and Practice (2006): 199-236.
  • Maurer, Virginia A., and Don R. Sampen. “Administrative Monetary Penalties: A New Tool for Regulatory Enforcement.” South Dakota Law Review (1991): 485-520.
  • Varga, Csaba. “Administrative Monetary Penalties and Due Process in the European Union: A Constitutional Perspective.” European Law Review (2012): 287-320.
  • Wilson, Mark, and Evan Thompson. “The Use of Administrative Monetary Penalties in Competition Law Enforcement: A Canadian Perspective.” Canadian Competition Law Review (2009): 45-80.

The only problem is that these articles do not actually exist.

My long-suffering research assistant could not track down any of them: “As I was going through the list and was unable to find the articles, I started to think that the articles in the list might not exist”. And indeed they do not.

I did wonder why Professor Kevin Banks (a labour law scholar) was writing articles on administrative monetary penalties but the other authors seemed plausible to me, as did the titles and places of publication. I was taken, hook, line and sinker.

Anyway, this is a cautionary tale for academics looking for literature review short cuts and anyone (especially students!) thinking of using Chat GPT to build bibliographies or generate references.

This content has been updated on February 21, 2023 at 14:44.