Articles Posted in David Badertscher

The most remarkable aspect of UnitedHealthcare CEO Brian Thompson’s fatal shooting on a New York street in early December wasn’t the crime itself—it was the reaction. Social media erupted, not with shock or mourning, but with outrage at the American health insurance system. Stories of family members denied coverage for serious medical issues flooded comment sections, drowning out the horror of the killing. This collective fury was all the more striking in the wake of an election season where the topic had barely registered, save for vague references—think Trump’s “concepts of a plan”—to tweaking Medicare, Medicaid, or Obamacare. Directed anger at insurance companies like UnitedHealthcare had been conspicuously absent.

As historian Elliott Gorn, who has explored the creation of folk heroes might observe, the arrest of Luigi Mangione—indicted on charges including first-degree murder—has transformed an abstract, systemic issue into a potent moral tale. In an instant, jargon about in-network providers and annual deductibles gave way to a stark narrative of heroes and villains. Mangione became either a cold-blooded murderer or a culture warrior; Thompson, a ruthless CEO draining Americans’ wallets or a devoted family man left bleeding on the street. Suddenly, an opaque corporate giant, shielded by labyrinthine policies and faceless bureaucracy, stood exposed—stripped bare in the public eye as a symbol of unchecked greed.

To see Elliott Gorn’s  December 18 article in Slate, The Latest Icon: How Luigi Mangione joined the pantheon of American Heroes. which expands on this topic,  click here.

Theo AI, a cutting-edge generative AI (genAI) startup based in the United States, has positioned itself as the first predictive AI platform designed specifically for litigation. Backed by an impressive $2.2 million in pre-seed funding, the company aims to achieve what no other legal tech firm has successfully accomplished: accurately predicting the outcomes of legal disputes well before their resolution.

The concept of AI-driven litigation prediction is not entirely new—Artificial Lawyer has been reporting on similar applications since 2016. However, Theo AI’s innovative use of genAI technology marks a significant departure from earlier approaches, potentially setting a new benchmark in the field of legal technology.

From Artificial  Lawyer  November 2024:

Chappell, James. The Golden Years, How Americans Invented and Resisted Old Age. Basic Books, 2024 (publication date November 19, 2024).

James Chappell’s The Golden Years provides a compelling and incisive examination of the history of aging in America from the 19th century’s radical yet unrealized visions for reparative pensions to the contemporary decline of collective policy frameworks supporting older adults. Chappell’s narrative is richly detailed and deeply thought-provoking, offering both a historical chronicle and a critique of the evolving relationship between aging, public policy, and societal expectations.

Chappell shines a light on the early idealistic efforts to repair lives disrupted by war and slavery in the post-Civil War era. These movements, though ambitious, were thwarted by political deadlock and systemic inequalities. The author paints a vivid picture of how old-age support became a prominent issue, yet remained mired in compromises that excluded many, particularly African Americans. The 1935 Social Security Act—a cornerstone of the New Deal—marked a turning point, but its benefits were initially restricted to industrial workers, leaving agricultural and domestic laborers, disproportionately Black, on the sidelines.

A preemptive pardon is an act of clemency issued by a head of state or government before charges are formally brought against an individual. Though relatively rare, this type of pardon can generate intense public and legal debate. To understand the complexities of preemptive pardons, it is necessary to examine their legal basis, potential benefits and drawbacks, as well as historical examples that illustrate their impact on justice, accountability, and executive authority.

Legal Basis for Preemptive Pardons

The legal authority for preemptive pardons in the United States is rooted in the Constitution and clarified through key judicial precedents. Article II, Section 2 of the U.S. Constitution grants the president the “Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” This broad language has been interpreted to allow for pardons at any stage of the judicial process, including before charges are formally brought—a concept known as a preemptive pardon.

About Jurimetrics Journal:

The Jurimetrics Journal is published quarterly  “Jurimetrics is the oldest and most widely circulated peer-reviewed journal in its field and is proud to be the official journal of the American Bar Association Science & Technology Law Section. Currently, the journal is housed at the Sandra Day O’Connor College of Law at Arizona State University (ASU Law) and cosponsored by ASU Law’s Center for Law, Science and Innovation (LSI). An LSI Center faculty fellow advises the Jurimetrics executive board and editorial staff. The journal provides scholars and researchers with a wealth of thoughtful articles. It is frequently cited in opinions of state and federal courts, legal treatises, textbooks, and scholarly articles in a wide range of other journals. These distinctions support Jurimetrics’ claim of being the premier peer-reviewed journal of law, science, and technology.”

From the Spring 2024 issue:

From: Washington Post Gift Article. December 4, 2024:

“At issue is a Tennessee law barring transgender minors from using puberty blockers and hormones, treatments the state characterizes as risky and unproven. Lawmakers said the state should instead encourage adolescents to ‘appreciate their sex, particularly as they undergo puberty’ “.

To read complete Post gift article by Casey Parks and Ann E. Marinow, click here. This article contains useful links to other Post articles on topics related to this subject.

INTRODUCTION

In recent years, the integrity of the U.S. Supreme Court has faced increasing scrutiny amid reports of unreported financial dealings and alleged ethical lapses by some of its justices. In response, the Court issued its first-ever formal ethics code on November 13, 2023, marking a historic shift toward greater transparency. However, this self-imposed code relies on internal enforcement, leaving critics to question its effectiveness and it’s ability to compare it to more robust measures proposed in Congress. Legislative efforts, such as the Supreme Court Ethics, Recusal, and Transparency Act of 2023 and the Supreme Court Ethics and Investigation Act of 2024 underscore a growing demand for external oversight and standardized accountability.

This article explores the intersection of these developments, examining whether the Court’s new ethics code sufficiently addresses public concerns or if legislative interventions remain necessary to restore trust in the nation’s highest judicial body. By tracing the origins, goals, and limitations of these initiatives, we aim to provide an overview of the ongoing debate over judicial ethics and reform. *

The Justice Department’s potential move to compel Google to sell its Chrome browser could significantly reshape the digital landscape, with direct and indirect consequences for the ability of law libraries to utilize computer-assisted legal research (CALR) to serve patrons effectively. This essay explores how such a divestiture might affect CALR resources, access, and functionality, while also considering implications for law libraries’ broader operational frameworks.

  1. Changes in Browser Compatibility with CALR Platforms

Most computer-assisted legal research tools, such as Westlaw, LexisNexis, and Bloomberg Law, are optimized for popular web browsers, including Chrome. Google Chrome’s dominance in the browser market (approximately 60% as of recent statistics) has led developers to prioritize compatibility with Chrome over other browsers. If Chrome’s ownership changes, there is a possibility that its development priorities, security protocols, or support for certain legal research tools could shift. This could necessitate costly adjustments by CALR providers and law libraries.

David Badertscher Honored at the 14th Annual FellowshipLIFE Foundation Gala

David Badertscher, a resident of Fellowship Village in Basking Ridge, New Jersey, and former resident of Westfield, and publisher of the Criminal Law Library Blog was honored at the 14th Annual FellowshipLIFE Foundation Gala. The event took place at the Heidrich Hotel in New Brunswick, where David was recognized with the following citation:

David Badertscher, Fellowship Village Gala Honoree Citation:

From Congressional Budget Office (CBO):

CBO’s Budget Director, Philip Swagel, testified before the House Committee on the Budget, September 11, 2024.

Summary of Testimony:

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