Commentary and Opinion

July 2, 2024

The 2023-24 Supreme Court That Was-And Wasn’t – A Perspective

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

June 17, 2024

The Future of Law Librarianship: AI as a Powerful Ally

by David Badertscher

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.

Enhanced Legal Research

June 5, 2024

Testimony on Social Security Finances

by David Badertscher

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

June 4, 2024

Jury Instructions and Charges in the New York Trial Courts: A Balancing Act

by David Badertscher

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

May 28, 2024

The Evolution of AI in Law Libraries

by David Badertscher

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

May 23, 2024

Report on the Investigation Into Unauthorized Classified Documents Discovered at Various Locations Related to President Joseph Biden

by David Badertscher

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.

May 5, 2024

Testimony on the Congressional Budget Office Request for Appropriations for Fiscal Year 2025 – Updated

by David Badertscher

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.

April 29, 2024

ABA Survey: Most Think That U.S. Democracy is Weaker Than it was Five Years Ago

by David Badertscher

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

March 27, 2024

Attorney General Merrick Garland Discusses AI, National Security

by David Badertscher

The United States has an important lead in the development of artificial intelligence that is crucial to the country’s economy and national security, Attorney General Merrick B. Garland said at the American Bar Association’s 39th National Institute on White Collar Crime in San Francisco. “The Justice Department’s first job is to protect that lead and to protect our intellectual property,”… . According to Garland, “the Justice Department just will not tolerate theft of trade secrets in the area of artificial intelligence.”

From the ABA announcement:

During a fireside chat with Kenneth A. Polite Jr., former assistant attorney general for the U.S. Department of Justice’s Criminal Division, Garland announced that the U.S. District Court for the Northern District of California had unsealed an indictment against a Chinese national who is charged with stealing AI-related intellectual property and trade secrets from Google.Garland said AI and other evolving technologies have “great promise and the risk of great harm … including algorithmic discrimination that AI can foster and the way in which it can accelerate the cyberattacks that are happening daily, even ‘minutely,’ on our companies, on our law firms, on our departments of the government and on our military.”

March 21, 2024

Congressional Budget Office’s Work on Health Care Spending and a Call for New Research

by David Badertscher

A presentation by Chapin White, CBO’s Director of Health Analysis, at the David Rogers Health Policy Colloquium, Weill Cornell Medicine.

SUMMARY:

This presentation provides a brief look at Congressional Budget Office’s work related to federal spending on health care and the recent slowdown in the growth of such spending. It also discusses the types of new research that could be useful in explaining that slowdown and in answering other health-related questions for the Congress. It contains important information for all who are interested in monitoring research related to this subject.