Articles Posted in David Badertscher

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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 just an act of violence against a person but a direct assault on the foundational principle that every voter has the right to choose their representatives freely and without fear.

The health of a democracy relies on the steadfast rejection of political violence as a tool to silence opponents, particularly those whose views we find most objectionable. The moment we resort to such means, we undermine the very fabric of democratic society. For democracy to thrive, it is essential to tolerate a broad spectrum of views, even those that challenge our own beliefs. Respecting the choices made by the electorate, even when they result in the election of candidates we vehemently oppose, is crucial.

.Amherst professor Austin Sarat in his essay, Trump Assassination Attempt is the Latest Threat to America’s Already Fragile Democracy, But it is Not the One, published in VERDICT, discusses this topic in greater detail. Quoting from professor Sarat’s  introduction:

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The internet, a vast tapestry of information and connection, stands on the cusp of a transformative era. Artificial intelligence (AI), with its ability to analyze, learn, and adapt, is poised to usher in a fundamental change in how we experience the digital world. This article will delve into the multifaceted impact of AI on the internet’s future, exploring both the potential benefits and challenges. While most observations will be general, a specific paragraph will be devoted to law libraries

Faster and more efficient data transmission:

AI-powered networks can transmit data more quickly and efficiently, which could lead to faster download and upload speeds and reduced latency.

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During the last few days we have been almost totally immersed in matters related to our Supreme Court–both listening and writing. Witnessing all of the anxiety and concern about the need for a Court capable of both  lending stability and being a centerpiece in preserving our representative democracy, we began searching for an authoritative source to provide clarity about the state of the  Court in these uncertain times.  Our search has  led  to the  essay The 2023-24 Supreme Court That Was – And Wasn’t by Michael C.Dorf, Robert S. Stevens Professor of Law at Cornell University:

The 2023-24 Supreme Court That Was—And Wasn’t

2 JUL 2024
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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. The ruling makes a distinction between official conduct of a president and the actions of a private citizen. The high court’s 6-3 ruling along ideological lines sends the case back to the lower court to determine what acts alleged in Donald Trump’s indictment on charges of trying to subvert the 2020 election are official or unofficial.  A dissent from the liberal wing laments a vast expansion of presidential power.

“The decision will almost surely delay the trial of the case against him on charges of plotting to subvert the 2020 election past the coming election in November. If that happens and Mr. Trump wins, he could order the Justice Department to drop the charges.”                                                                                                                                                                                                                                        Adam Liptak, New York Times.

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Lauren MelodIa and Mohammed Obaidy of the New School, Center for New York City Affairs have prepared a Report discussing the economic outlook for New York City, emphasizing job growth. The Report is being released today, July 1, 2024.

According to the authors, “With inflation, tight credit, and Unease about Presidential Politics, New York City’s job growth is in a holding pattern…The New York City metro area Index of Consumer Sentiment’s current score decreased to 73.1 in the first quarter of 2024, down from 77.7 in the fourth quarter of 2023.”

This posting includes their Summation followed by a link to the entire Report.

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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 in pursuing these topics in greater detail:

Panelists discussed automated decision-making tools used by law enforcement, prosecutors, defense attorneys, judges, and corrections officials.  They explained a panoply of tools, including genealogical DNA investigations, predictive policing technologies, risk assessment algorithms and facial recognition technology.  The panel offered perspectives on the purported benefits of the tools, and the potential harms of the tools, especially adverse racial impacts. In addition, the panel  discussed new technologies and other tools now available to defense counsel to help level the playing field with the resources available to prosecutors.

Panelists

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On June 21, 2024, the U.S. Supreme Court delivered a significant ruling in United States v. Rahimi (22-915), affirming the constitutionality of 18 U.S.C. § 922(g)(8), which restricts firearm possession by individuals subject to domestic violence restraining orders. The decision came in an 8-1 vote, with Chief Justice Roberts writing the majority opinion and Justice Thomas dissenting.

The case centered on whether this statute infringes upon Second Amendment rights. The Court held that temporarily disarming individuals who pose a threat to the safety of others is consistent with the Second Amendment. This decision overturned the Fifth Circuit’s ruling, which had previously deemed the statute unconstitutional based on an interpretation that required historical precedents almost identical to the modern law.

Chief Justice Roberts emphasized that the restriction is a reasonable measure to protect potential victims of domestic violence, aligning with historical practices of disarming individuals deemed dangerous. This ruling reinforces the government’s ability to implement protective measures against gun violence, particularly in the context of domestic abuse​ (SCOTUSblog)​​ ({{meta.siteName}})​​ (Wikipedia)​.

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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 in trial courts of the state of New York. The following explores the purpose and content of jury instructions in New York courts. We’ve also included a link to the final instructions and a transcript from the recently concluded trial of Donald Trump

Jury instructions and charges are a cornerstone of a fair trial in New York courtrooms. They act as a bridge between the complex legal world and the understanding of laypeople on the jury. Let’s delve into the significance of this exchange and the considerations involved. For more detailed information see: New York Criminal Jury Instructions and Model Colloquies.  For the latest additions and revisions see CJI2d & MC History. For New York Civil Jury Instructions see  CPJI- Civil Pattern Jury Instructions –all from the New York State Unified Court System.

The Importance of Clear and Precise Instructions

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Law libraries are undergoing a transformation fueled by Artificial Intelligence (AI). While AI isn’t replacing librarians, it’s becoming a powerful tool that’s changing how legal research is conducted and how libraries serve their patrons.

The history of artificial intelligence in law libraries is a fascinating journey marked by technological evolution, legal industry demands, and the gradual integration of advanced tools to support legal research, information management, and decision-making processes. Here’s a historical overview of this subject:

Early Beginnings and Development

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This posting includes an excerpt from the Report on the Investigation Into Unauthorized Removal, Retention, and Disclosure of Classified Documents Discovered at Locations Including the Penn Biden Center and the Delaware Private Residence of President Joseph R. Biden, Jr. prepared for the Attorney General of the United States by Special Counsel Robert K. Hur and his staff, and a link to the entire document.

EXCERPT:

“We conclude that no criminal charges are warranted in this matter. 1 We would reach the same conclusion even if Department of Justice policy did not foreclose criminal charges against a sitting president.

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