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Gitlow v. New York: From Radical Manifesto to Enduring Legal Legacy

The following is a discussion of the book Gitlow v. New York: Every Idea an Incitement. In his study, Marc Lendler opens up the world of American radicalism, traces the origin of the incorporation doctrine, which was addressed for the first time in this case, and the ebb and flow…

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Webinar: Prosecutorial Evidence and the Rule of Law

American Bar Association: Register for the upcoming webinar, Prosecutorial Independence and the Rule of Law, at: www.americanbar.org/events-cle/mtg/web/445186848/ “We are living in a pivotal moment when democratic norms and the rule of law are being challenged in novel and unexpected ways as we struggle to adapt to rapid technological and cultural changes…

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BOLTS: State by State Guide to the 2024 Supreme Court Elections

BOLTS* “ The Texas supreme court closed out 2023 by blocking an abortion during a medical emergency, forcing a woman to flee the state. Just days before Christmas, Wisconsin justices struck down the state’s GOP-drawn gerrymanders. So far this year, Montana’s supreme court has stepped in to protect voting rights, while a decision in Alabama threatened in vitro fertilization…

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ABA Taskforce Report on the Impact of AI on the Practice of Law: Year 1

In August 2023, Mary Smith, President of the American Bar Association (ABA), announced the creation of the ABA  Presidential Taskforce on Law and Artificial Intelligence to “bring together lawyers and judges from across the ABA to address the impact of AI on the legal profession and the practice of law.”…

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ABA Criminal Justice Announcements: August 28 Through October 14, 2024

Upcoming Webinar – Introduction to the Restorative Justice Laws Database Attendees will be introduced to the functionality of the database and how they can use it to learn more about examples of restorative justice policy from around the United States. A range of relevant policy features will be highlighted. August…

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The Trump Assassination Attempt is the Latest Threat to American Democracy

The attempted assassination of former President Donald Trump on Saturday was a dreadful and unspeakable event, marking a significant and alarming blow to America’s already tenuous grasp on democracy and the rule of law. Such an attack on an individual campaigning for the highest office in the nation is not…

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Trump v. United States: Donald Trump is Entitled to Some Immunity from Prosecution

Trump v. United States: No.23-939. Argued April 25, 2024-Decided July 1,  2024. The Supreme Court ruled on Monday that former President Donald J. Trump is entitled to substantial immunity from prosecution, delivering a major statement on the scope of presidential power. The vote was 6 to 3, dividing along partisan lines.…

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AI in Criminal Justice: Automated Decision-making Tools and Technology, From Policing to Corrections

On June I attended a CLE webinar, AI in Criminal Justice: Automated Decision-making Tools and Technology, From Policing to Corrections, sponsored by the Civil Rights and Social Justice Section of the American Bar Association. Below is a brief description of topics covered and a list of useful resources for those interested…

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Jury Instructions and Charges in the New York Trial Courts: A Balancing Act

The recent high-profile trial of former president Donald Trump has reignited discussions on the role of jury instructions in shaping verdicts.  This post is based in part on the following query we asked Gemini following the triaI: I need a broad discussion of jury instructions and charges to the jury…

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