Articles Posted in Commentary and Opinion

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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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Although retired as an active law librarian, I try to keep up with current developments by maintaining memberships in AALL, SLA, ABA, and maintaining contacts with friends currently active in the profession. I also have been publishing articles on the Criminal Law Library Blog since 2007 on various subjects, including those related to law, law librarians, and artificial intelligence.

I am grateful to have been able to maintain all of these relationships through the years and hope the below article will help my professional colleagues realize the potential of AI as a powerful ally. In my view, AI has the potential to revolutionize the services provided by law librarians through various means including those outlined below.

  1. Enhanced Legal Research
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From the Congressional Budget Office (CBO):

June 4, 2024

CBO’s Director, Phillip Swagel, testifies before the House Ways and Means Committee’s Subcommittee on Social Security about the significant financial challenge the program faces in the coming decades

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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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On April 10, 2024, CBO’s Director, Phillip Swagel, testified before the House Appropriations Committee’s Subcommittee on the Legislative Branch regarding the Congressional Budget Office’s request for appropriations for fiscal year 2025. This posting includes a summary of the Director’s testimony followed by a link to his complete testimony and links to supporting documents.

CBO SUMMARY:

Chairman Amodei, Ranking Member Espaillat, and Members of the Subcommittee, thank you for the opportunity to present the Congressional Budget Office’s budget request. CBO requests appropriations of $73.5 million for fiscal year 2025: About 89 percent would be for pay and benefits; 7 percent would be for information technology (IT); and 4 percent would be for training, expert consultant services, office supplies, and other items. The request amounts to an increase of $3.5 million, or 5 percent, from the $70 million that CBO received for 2024. That increase would address increased costs brought about by inflation, sustain investments in IT infrastructure, and enable CBO to expand its staff in key areas.

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According to responses to the 2024 ABA Survey of Civic Literacy, 74% of individuals surveyed said that U.S. democracy is weaker than it was five years ago. Most blamed misinformation, disinformation, and political parties for contributing to this result. The survey is released each year to mark Law Day, observed annually on May 1. The responses are from a nationally representative telephone survey of 1,000 respondents from March 4-9. Here is an overview of some of the results as reported by the ABA on their website: followed by a link to the full text of the survey.

Democracy “A large majority — 74% — said U.S. democracy is weaker today than it was five years ago. Only 13% said it is stronger. Among those who said our democracy is weaker, nearly 1 in 3 (31%) said the primary cause is misinformation and disinformation. Nearly as many (29%) blamed the political parties. Less than 10% blamed social media or lack of civility. The survey also asked who should be primarily responsible for safeguarding our democracy. More than a third (37%) said it is mainly the responsibility of the general public — yet half of all respondents (exactly 50%) said the general public is not very informed about how democracy works.
Elections
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