Introduction to the IRAC Analysis

Description of the IRAC Methodology IRAC is the acronym for Issue, Rule, Application, and Conclusion. In this course, you will learn to use the IRAC methodology to analyze problems with a legal context. This is a four-part critical thinking tool to help you work from identifying legal problems, to reasoning alternative approaches and deciding a course of action.

The “issue” is the legal question that arises out of the factual context presented. The factual context could be something like the use of an algorithm to predict the likelihood of consumer buying preferences. Typically, this question will concern a particular area of law, such as privacy law, or protection from discrimination or bias, both areas of law that you will be exposed to in this course.

The “rule” is the rule of law that applies to the legal question. For example, if the issue is privacy and the situation concerns citizens in the European Union, the rule of law would likely be all or part of the General Data Protection Regulation, which you will be learning about during this course.

The “application” is where the rule is applied to the very specific factual context of the situation. Rules are consistent, but circumstances change. This element of the methodology is where you will use your reasoning capabilities to think through how the rule should be applied to the situation at hand.

When you decide how the rule should be applied, you will have reached the “conclusion”. Ultimately, this is the answer to the issue or legal question presented in the beginning of the analysis.

Putting this all together in one example relevant to this course, let’s consider the following possible scenario. Assume Company A decides to implement a new algorithm for use in hiring that will save time and create efficiencies in the human resources department. An issue here might concern the possible discriminatory effect this practice could have based on unintended bias inherent in the algorithm. Assume that as a result of using the algorithm, there is bias in favor of hiring men. The legal issue then would be whether Company A’s use of the algorithm is discriminating against women.

In the U.S., the rules that would apply would be civil rights law that protects individuals from discrimination in employment. You will learn about some of these laws in this course. Specifically, you might apply the rules that protects individuals from unintentional discrimination.

In the application of those rules to the scenario here, you would consider if there is unintentional discrimination that has had a disproportionate impact on women. You would consider factual and statistical information that is available and on point.

Ultimately, when you are finished reasoning, you will conclude either that yes, the use of the algorithm by Company A has resulted in discrimination against women, and take appropriate actions to ensure Company A is acting consistent with the legal requirements that protect employees from discrimination. Or you might conclude that the use of the algorithm has not resulted in discrimination, and that therefore Company A can continue its use unless there is some other legal or ethical reason not to.

For more information about the IRAC methodology, review the text material in chapter one.  Also, you can review another example of IRAC, in this case concerning privacy law, and view the presentation on the next page.