cs.IRJul 19, 2026

Fenced Citation-Context Retrieval for Case Law: Temporal Leakage and Degree Control Across Two Jurisdictions

Authors: Yao LiuTien-Ping TanZhilan Liu

Organizations: The Engineering and Technology College, Chengdu University of Technology, Leshan, China · School of Computer Sciences, Universiti Sains Malaysia, Penang, Malaysia · Department of Art and Design, The Engineering and Technology College, Chengdu University of Technology, Leshan, China

Abstract

Prior case retrieval (PCR) aims to identify the precedent cases relevant to the facts of a query case. Incoming citation context, the text with which later cases characterize a case when citing it, is a powerful relevance signal, yet it is typically evaluated without a temporal constraint, so the retriever is credited with citations made after the query. We introduce a temporally fenced retriever with no learned parameters that augments BM25 with incoming citation context restricted to citations predating the query, together with a temporal-admission decomposition that quantifies the phantom fraction: the share of a citation-context gain attributable to citations not known to predate the query. Experiments span two jurisdictions, U.S. federal (CLERC) and European (ECtHR-PCR) case law. On ECtHR-PCR, without any training, the fenced retriever outperforms a strong degree-controlled baseline across the full recall ladder, and a temporal-admission decomposition attributes 14.9% (validation) of an unfenced citation-context gain over BM25 to citations not known to predate the query. Citation-context retrieval must therefore be temporally fenced and degree-controlled before its reported gains can be interpreted.

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