Articles Posted in Commentary and Opinion

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Introduction

Materials consulted in preparing this posting were curated from various sources including the recently introduced Deep Research by OpenAI.

With Elon Musk at the helm of the Department of Government Efficiency,   various agencies within the U.S. government may experience restructuring aimed at streamlining operations, reducing costs, and integrating advanced technologies. One area likely to be affected is government agency libraries—institutions that provide critical research, archival, and information services to federal employees, policymakers, and researchers. These libraries, usually housed within agencies such as the Library of Congress, the National Archives, and the Department of Defense (DoD), play an essential role in supporting government functions. This essay explores how Musk’s efficiency-driven policies might reshape these libraries, with potential consequences for automation, digitization, data management, funding, privacy and information security. Although the focus of this posting is U.S. government libraries, its implications are far reaching.

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A message from William R. Bay, President of the American Bar Association, February 10, 2025:

It has been three weeks since Inauguration Day. Most Americans recognize that newly elected leaders bring change. That is expected. But most Americans also expect that changes will take place in accordance with the rule of law and in an orderly manner that respects the lives of affected individuals and the work they have been asked to perform.Instead, we see wide-scale affronts to the rule of law itself, such as attacks on constitutionally protected birthright citizenship, the dismantling of USAID and the attempts to criminalize those who support lawful programs to eliminate bias and enhance diversity.

We have seen attempts at wholesale dismantling of departments and entities created by Congress without seeking the required congressional approval to change the law. There are efforts to dismiss employees with little regard for the law and protections they merit, and social media announcements that disparage and appear to be motivated by a desire to inflame without any stated factual basis. This is chaotic. It may appeal to a few. But it is wrong. And most Americans recognize it is wrong. It is also contrary to the rule of law.The American Bar Association supports the rule of law. That means holding governments, including our own, accountable under law. We stand for a legal process that is orderly and fair. We have consistently urged the administrations of both parties to adhere to the rule of law. We stand in that familiar place again today. And we do not stand alone. Our courts stand for the rule of law as well.Just last week, in rejecting citizenship challenges, the U.S. District Judge John Coughenour said that the rule of law is, according to this administration, something to navigate around or simply ignore. “Nevertheless,” he said, “in this courtroom and under my watch, the rule of law is a bright beacon which I intend to follow.” He is correct. The rule of law is a bright beacon for our country.In the last 21 days, more than a dozen lawsuits have been filed alleging that the administration’s actions violate the rule of law and are contrary to the Constitution or laws of the United States. The list grows longer every day.
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From the ABA Cybercrime Committee of the Criminal Justice Convention

“Please see attached abstract and registration information for a webinar our committee is putting on with the Cybercrime Committee of the Criminal Justice Section on the newly adopted UN Cybercrime Convention: Overview & Impact.  I hope you will be able to attend.  Please feel free to share the abstract with others or post it online!”

WEBINAR:

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President Donald Trump’s second term began with a whirlwind of executive actions, sparking sharply divided reactions from the left and right. While Trump’s policies focused on immigration, energy, federal employment, and high-profile pardons, the responses have highlighted ideological divides:

The Right’s Perspective:

  • Many on the right criticized Trump’s sweeping pardons for January 6 rioters, with outlets like National Review calling it a mistake that undermines law and order.
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Rikers Island, a symbol of New York City’s fraught relationship with justice and incarceration, houses a complex social world that remains hidden from public view. While most of its detainees are awaiting the resolution of their cases, a smaller group serves sentences too brief for the state prison system, known as “city time.” These short sentences, ranging from just a few days to a year, are typically served in large, overcrowded dormitories notorious for their lack of privacy and sanitation. Within these confines, a resilient social order emerges as incarcerated individuals navigate survival, solidarity, and structure amid the harsh realities of confinement.

David Campbell and Jarrod Shanahan’s City Time , published in January 2025 by NYU Press, offers an unflinching exploration of this hidden world. Both authors draw on their personal experiences serving city time at Rikers to craft a vivid portrayal of daily life inside the jail’s walls. They delve into the routines that define incarceration—sanitation, nourishment, work, and recreation—while capturing the intricate social dynamics that develop among those subjected to this form of punishment. The book also exposes the deep structural injustices underpinning the city’s criminal justice system, highlighting the intersection of race, class, and mental health challenges that contribute to a revolving door of incarceration for many impoverished New Yorkers.

By tracing the authors’ journeys from intake to release, City Time not only recounts a personal experience but also sheds light on the broader societal implications of short-term incarceration. It challenges readers to confront the human cost of a justice system that often prioritizes punishment over rehabilitation and reveals the enduring spirit of those living through city time sentences on Rikers Island.

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On November 18, 2022, the Attorney General appointed Special Counsel Jack Smith to investigate potential violations of law related to efforts to interfere with the lawful transfer of power following the 2020 presidential election and the certification of the Electoral College vote on January 6, 2021. This investigation culminated on August 1, 2023, with a federal grand jury indictment in the District of Columbia charging former President Donald J. Trump with four felony offenses stemming from alleged attempts to use fraud and deceit to overturn the election results.

Following a Supreme Court decision affirming immunity for certain alleged official misconduct, a superseding indictment addressed Mr. Trump’s non-immunized actions. However, upon Mr. Trump’s reelection to the presidency, the Department of Justice moved to dismiss the case on November 25, 2024, adhering to its longstanding position that a sitting President cannot face federal indictment or prosecution.

This volume of the report submitted by Jack Smith on January 7, 2025, prior to his resignation on January 10, details the Special Counsel’s investigation into the “Election Case,” offering transparency on prosecutorial decisions under DOJ regulations (28 C.F.R. § 600.8(c)). It provides a comprehensive account through five sections:

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For much of its history, the death penalty in the United States has been framed as a tool of justice—a way to hold the most vicious criminals accountable for their heinous acts. Stories of grisly murders and the suffering of victims’ families dominated the narrative, overshadowing questions about fairness or accuracy in the system. In this view, the focus was on the victims, while defense attorneys challenging death sentences were often portrayed as meddlesome “do-gooders” intent on exploiting legal technicalities to obstruct justice.

Today, the story has shifted dramatically. The modern narrative exposes a system riddled with errors, inequities, and deceptions—a bureaucracy that rushes individuals to death row without ensuring they are the right ones. According to the Death Penalty Information Center’s Death Penalty Census, the reality is stark: the most common outcome of a death sentence in the United States is not execution but reversal. Only 15.7% of death sentences ultimately result in execution, with the vast majority overturned due to errors or other issues.

With such a low “success” rate, one must ask: Why does this archaic punishment persist? Austin Sarat, William Nelson Cornwell Professor of Jurisprudence and Political Science at Amherst College addresses this question in his recent posting, Why Does the United States Bother to Impose Death Sentences?, in VERDICT: Legal Analysis and Commentary from Justia. In his posting, Professor Sarat concludes:

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Jimmy Carter, the 39th President of the United States, is widely celebrated for his humanitarian efforts and steadfast commitment to global peace. Yet, beyond the halls of politics and diplomacy, Carter has carved out an extraordinary legacy as a man of letters—a poet, novelist, memoirist, and philosopher whose works illuminate the depth of his intellect and the compassion of his soul. He published 32 books. Through his poetry, he reflects on the natural beauty of his beloved Georgia and the universal struggles of humanity. His novels and memoirs weave together personal experiences and historical narratives, offering readers both intimate glimpses into his life and profound meditations on the human condition. As a philosopher, Carter’s writings are infused with moral clarity, challenging readers to contemplate the values of justice, faith, and service. In his December 30, 2024 article in the New York Times, Jimmy Carter: Poet, Novelist, Memoirist, and Philosopher, Rick Rojas explores these dimensions of Carter’s life, presenting him as an artist of words whose literary contributions stand as a testament to a life devoted not only to leadership but also to reflection and expression.

Books by Jimmy Carter

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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:

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A special message from American Bar Association President William R. Bay:

“Our country is turning 249 years old in 2025, and the American Bar Association has been part of it for 147 years. Throughout that time, we have seen many changes as we strive to be a stronger nation and association.

The ABA has a wonderful tradition and history, but we are grateful that we are an association and profession that has embraced change. Unlike when the ABA was founded, we now welcome all who wish to become part of the profession. One thing has not changed. The ABA is committed to the rule of law and the cause of justice. This remains our goal tomorrow and for 100 years from tomorrow. As ABA president, I have emphasized the challenges we face as a profession and reiterated that the biggest challenge is the challenge of change. But change will not alter our core values and beliefs. Instead, it will allow us to extend our reach.

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