Articles Posted in Commentary and Opinion

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From VERDICT, Legal Analysis and Commentary from Justia, 27 March 2025.

SUMMARY:

NYU Law Professor Samuel Estreicher and JD candidate Andrew Babbitt analyze President Trump’s use of the International Emergency Economic Powers Act (IEEPA) during his second administration to impose and threaten tariffs on several countries. They highlight how this approach bypasses the usual legislative and procedural processes required for implementing tariffs. According to Estreicher and Babbitt, this tactic marks an unprecedented and legally questionable expansion of executive authority—one that sidesteps congressional intent and oversight and raises significant constitutional concerns about the broad, unchecked use of the IEEPA.

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Since writing and publishing my 1982 article, An Examination of the Dynamics of Change in Information Technology as Viewed From Libraries and Information Centers, 75 Law Library J. 198 (1982). I have learned a great deal—so much, in fact, that a completely new article is necessary. What I have come to understand more deeply is the universality of change—how it shapes everything within us and around us. This realization has transformed my perspective, and I believe it is important to share these new insights. I hope you find this fresh perspective both valuable and thought-provoking, and that it inspires you to share it with others.                                                                                                                                                                                                                                                                                                                                    David Badertscher

INTRODUCTION

Change is the driving force behind everything—from the expansion of the universe to the evolution of life and the rise and fall of civilizations. It fuels both entropy, which pushes systems toward disorder, and evolution, which shapes complexity and adaptation. But is change simply a consequence of these forces, or is it the deeper, underlying principle guiding all transformation?

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In Presumed Guilty, Scott Turow revisits the world of legal drama, charting the transformation of his iconic protagonist, Rusty Sabich, from prosecutor to defense attorney in a rural setting. Touro University, Jacob D. Fuchsberg Law Center professor Rodger D. Citron examines Turow’s latest legal thriller, exploring how the author’s storytelling has evolved while maintaining his signature blend of courtroom intrigue and legal realism. Citron argues that Presumed Guilty deepens Turow’s exploration of justice, race, and personal growth, presenting Rusty not just as an older character but as a more mature and introspective one:

Click here to read Professor Citron’s Notes on Scott Turow’s Presumed Guilty

Refeerence:

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These News Briefs and Decision Summaries are from  the  the New Jersey State Bar Association. They are an exclusive benefit of the Association in partnership with the New Jersey Law Journal. A subscription may be necessary to access the full text of some of the items listed

NEWS BRIEFS:

Law Firm Found Liable for Malpractice in Suit Over Hazing Death

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EXECUTIVE SUMMARY:

The rapid advancement of artificial intelligence (AI) has transformed numerous industries, and legal research is no exception. Emerging AI-powered tools have introduced new efficiencies in case law analysis, contract review, compliance monitoring, and legal document automation. Among these innovations, DeepSeek, an open-source large language model (LLM), has garnered attention for its potential to revolutionize legal research support systems.

DeepSeek offers advanced reasoning capabilities, text summarization, and document analysis functions that could significantly enhance legal workflows. Its open-source nature and adaptability set it apart from proprietary legal research platforms such as Westlaw Edge, LexisNexis, and Casetext’s CoCounsel. However, its viability as a legal research tool must be assessed not only in terms of its technological capabilities but also through the lens of accuracy, security, regulatory compliance, and ethical considerations.

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FROM THE AMERICAN BAR ASSOCIATION (ABA):

“The American Bar Association Standing Committee on Ethics and Professional Responsibility released a formal opinion on March 5, 2025, that provides clarification on when a lawyer may divulge information when they are a victim of a crime by a client or prospective client.

Formal Opinion 515 states that “a lawyer who is the victim of a crime by a client or prospective client may disclose information relating to the representation to the appropriate authority in order to seek an investigation and potential prosecution of the alleged offender or other services, remedy or redress. To the extent that the information would otherwise be subject to the lawyer’s duty of confidentiality under Model Rule of Professional Conduct 1.6, the information is subject to an implicit exception to the Rule.”

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In his essay, Do State Legislatures Have to Obey U.S. Supreme Court Decisions?  Amherst professor Austin Sarat discusses how several state legislatures, particularly Alabama, are passing laws allowing the death penalty for child rape despite a 2008 Supreme Court ruling, Kennedy v. Louisiana, that declared such punishment unconstitutional. Professor Sarat argues that this strategic legislative defiance represents a dangerous trend that threatens constitutional order, as lawmakers are deliberately passing unconstitutional laws hoping the current conservative-majority Supreme Court will overturn precedent, similar to the strategy that led to Roe v. Wade being overturned.

Reflecting on the urgency expressed by professor Sarat regarding this question, we have prepared our own report, titled Do State Legislatures Have to Obey U.S. Supreme Court Decisions?, An Overview, to provide an added frame of reference for considering the implications of professor Sarat’s posting. Our Report, which follows, is based on our search of related sources, including Deep Research, the advanced AI research application recently introduced by Open AI.

DO STATE LEGISLATURES HAVE TO OBEY U.S. SUPREME COURT DECISIONS?, An Oveerview

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Introduction:

Law libraries are undergoing a transformation fueled by artificial intelligence (AI). While AI isn’t replacing law librarians, it has become a powerful tool that is changing how legal research is conducted and how libraries serve their patrons​

Modern law librarians leverage AI in various domains – from advanced legal research platforms to automated document handling and chat-based reference assistance – all with the goal of improving efficiency and service quality. By offloading routine or labor-intensive tasks to AI, librarians can focus on higher-level work such as complex research consultations, teaching, and strategic planning​. The following overview highlights key AI applications in legal research tools, document automation, and chatbots, explaining how each contributes to enhanced library services.

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FROM: Jenny S. Silbiger, AALL Vice President.

“I am so grateful to all of our members who make AALL an informed, educated, and wholehearted organization. I know we are not alone in the work that we do, as access to legal information impacts all aspects of the legal profession, and I am heartened to know that we are just one organization of many who are working diligently to make a positive difference in the world.”

STATEMENT:

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“Beyond remorse” refers to, individuals who exhibit a lack of regret or guilt for their actions, often associated with a personality disorder like antisocial personality disorder (ASPD), where people may not understand the harm they cause others and therefore do not feel remorseful, even when confronted with the consequences of their behavior.”
In a February 18, 2025 essay, No Regrets, in VERDICT, Cornell law professor Joseph Margulies discusses his book project about society’s tendency to ostracize wrongdoers and explores the complex role of remorse in how society judges and responds to those who have committed serious transgressions. Professor Margulies grapples with a particular challenge in his research—how to address cases where individuals who have committed wrongful acts feel no remorse for their actions, using examples like January 6 rioters and abortion providers in different states—and invites such individuals to share their perspectives. Below, we include an abstract of Professor Margulies’ essay, including a link to his complete posting, a list of key points about people who lack remorse and  some potential causes.
ABSTRACT:
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