Articles Posted in Commentary and Opinion

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Chappell, James. The Golden Years, How Americans Invented and Resisted Old Age. Basic Books, 2024 (publication date November 19, 2024).

James Chappell’s The Golden Years provides a compelling and incisive examination of the history of aging in America from the 19th century’s radical yet unrealized visions for reparative pensions to the contemporary decline of collective policy frameworks supporting older adults. Chappell’s narrative is richly detailed and deeply thought-provoking, offering both a historical chronicle and a critique of the evolving relationship between aging, public policy, and societal expectations.

Chappell shines a light on the early idealistic efforts to repair lives disrupted by war and slavery in the post-Civil War era. These movements, though ambitious, were thwarted by political deadlock and systemic inequalities. The author paints a vivid picture of how old-age support became a prominent issue, yet remained mired in compromises that excluded many, particularly African Americans. The 1935 Social Security Act—a cornerstone of the New Deal—marked a turning point, but its benefits were initially restricted to industrial workers, leaving agricultural and domestic laborers, disproportionately Black, on the sidelines.

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A preemptive pardon is an act of clemency issued by a head of state or government before charges are formally brought against an individual. Though relatively rare, this type of pardon can generate intense public and legal debate. To understand the complexities of preemptive pardons, it is necessary to examine their legal basis, potential benefits and drawbacks, as well as historical examples that illustrate their impact on justice, accountability, and executive authority.

Legal Basis for Preemptive Pardons

The legal authority for preemptive pardons in the United States is rooted in the Constitution and clarified through key judicial precedents. Article II, Section 2 of the U.S. Constitution grants the president the “Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” This broad language has been interpreted to allow for pardons at any stage of the judicial process, including before charges are formally brought—a concept known as a preemptive pardon.

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INTRODUCTION

In recent years, the integrity of the U.S. Supreme Court has faced increasing scrutiny amid reports of unreported financial dealings and alleged ethical lapses by some of its justices. In response, the Court issued its first-ever formal ethics code on November 13, 2023, marking a historic shift toward greater transparency. However, this self-imposed code relies on internal enforcement, leaving critics to question its effectiveness and it’s ability to compare it to more robust measures proposed in Congress. Legislative efforts, such as the Supreme Court Ethics, Recusal, and Transparency Act of 2023 and the Supreme Court Ethics and Investigation Act of 2024 underscore a growing demand for external oversight and standardized accountability.

This article explores the intersection of these developments, examining whether the Court’s new ethics code sufficiently addresses public concerns or if legislative interventions remain necessary to restore trust in the nation’s highest judicial body. By tracing the origins, goals, and limitations of these initiatives, we aim to provide an overview of the ongoing debate over judicial ethics and reform. *

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The Justice Department’s potential move to compel Google to sell its Chrome browser could significantly reshape the digital landscape, with direct and indirect consequences for the ability of law libraries to utilize computer-assisted legal research (CALR) to serve patrons effectively. This essay explores how such a divestiture might affect CALR resources, access, and functionality, while also considering implications for law libraries’ broader operational frameworks.

  1. Changes in Browser Compatibility with CALR Platforms

Most computer-assisted legal research tools, such as Westlaw, LexisNexis, and Bloomberg Law, are optimized for popular web browsers, including Chrome. Google Chrome’s dominance in the browser market (approximately 60% as of recent statistics) has led developers to prioritize compatibility with Chrome over other browsers. If Chrome’s ownership changes, there is a possibility that its development priorities, security protocols, or support for certain legal research tools could shift. This could necessitate costly adjustments by CALR providers and law libraries.

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From Congressional Budget Office (CBO):

CBO’s Budget Director, Philip Swagel, testified before the House Committee on the Budget, September 11, 2024.

Summary of Testimony:

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The following is a discussion of the book Gitlow v. New York: Every Idea an Incitement. In his study, Marc Lendler opens up the world of American radicalism, traces the origin of the incorporation doctrine, which was addressed for the first time in this case, and the ebb and flow of Gitlow as a precedent through the Cold War and beyond.  Gitlow v. New York: Every Idea an Incitement is a book for our time.

In 1919 American Communist Party member Benjamin Gitlow was arrested for distributing a “Left Wing Manifesto,” a publication inspired by the Russian Revolution. He was charged with violating New York’s Criminal Anarchy Law of 1902, which outlawed the advocacy of any doctrine advocating for the violent overthrow of government. Gitlow argued that the law violated his right to free speech, but he was still convicted. He appealed  the decision; however, five years later the Supreme Court upheld his sentence by a vote of 7-2.

Throughout the legal proceedings, much attention was devoted to the “bad tendency” doctrine—the idea that speakers and writers were responsible for the probable effects of their words—which the Supreme Court explicitly endorsed in its decision. According to Justice Edward T. Sanford, “A state may punish utterances endangering the foundations of organized government and threatening its overthrow by unlawful means.”

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A posting by  American Bar Association President,  William R. Ray.

“Voting is a civic right and responsibility. Everyone eligible to vote should exercise that right. This is our opportunity to have a say in how our government operates. The American Bar Association encourages all to take advantage of this opportunity. ”

For a more generalized statement about elections and voting from federal government perspective, see the White House statement, Elections and Voting.

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In today’s digital world, scams come in many forms—some so convincing that even the savviest among us can fall victim. Scammers now use staged approaches, impersonating tech support agents, bank officials, and even loved ones to gain your trust. Understanding how these scams work and staying vigilant can save you from financial loss and emotional distress.” The information below is based on material compiled by the American Bankers Association and the Bank of America. It provides suggested examples that can be useful to help prevent us from being victims and is being shared as a service to all readers:

A word of caution: Don’t download software or provide remote access to anyone you don’t know. 

Imposter

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Following the introduction of Chat GPT3.5 to the public on November 30, 2022, there have been growing concerns about how the emerging AI revolution can be utilized to reimagine and , if necessary, reinvent new technologies capable of preserving our democracy– as we enter another technological, economic, and political crossroads in our society. Sharing these concerns, I have been  searching the literature hoping to discover institutionally backed efforts dedicated to addressing them. Recently, I learned about the publishing by the Stanford Digital Lab of The Digital Papers: Artificial Intelligence in America, Volume 1 of a projected ongoing series. Learning of this publication, I immediately went to Amazon and ordered my own copy. The following is my Overview of this first volume:

In the late 18th century, the Federalist Papers emerged as a groundbreaking series of essays advocating for the ratification of the U.S. Constitution.  Alexander Hamilton, James Madison, and John Jay—under the pseudonym “Publius”—articulated a vision for governance that reflected the challenges of their time: an unstable political landscape, shifting economic forces, and burgeoning democratic ideals. Fast forward to the 21st century, the world again finds itself at the intersection of disruptive change where the political, economic, and technological forces at play call for a similar intellectual effort to chart a way forward.

The Digitalist Papers: Artificial Intelligence and Democracy in America takes inspiration from the spirit of the Federalist Papers, yet it aims to address an even more complex landscape. The technological revolution now driven by artificial intelligence (AI) offers immense potential to reshape every aspect of human life—from how we communicate to how we govern ourselves. As Hamilton, Madison, and Jay once grappled with how to mold governance to fit the emerging United States, today’s thought leaders must confront the challenge of integrating AI into existing democratic institutions. This is the goal of the Digitalist Papers series: to explore the possibilities of AI’s impact on democracy and to consider how governance structures must evolve to preserve and enhance democratic values in this era of unprecedented technological change.

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“On Friday, October 4, the Supreme Court agreed to hear arguments in Gutierrez v. Saenz, a case regarding death-sentenced Texas prisoner Ruben Gutierrez’s ability to sue the state for DNA testing in support of his innocence claim. The Court had issued a stay to Mr. Gutierrez on July 16, just twenty minutes before his scheduled execution. Mr. Gutierrez was convicted and sentenced to death in 1999 for the murder and robbery of an 85-year-old woman but has long maintained his innocence. Forensic evidence from inside the trailer where the killing occurred has never been tested for DNA, but the state has refused Mr. Gutierrez’s testing requests. The Court will now decide whether the Fifth Circuit was correct when it ruled that Mr. Gutierrez did not have standing to sue Texas over its refusal to give him access to DNA testing. The Court will likely hear Mr. Gutierrez’s case next spring.”  Leah Roemer. Death Penalty Information Center October 9, 2024.

In his October 7, 2024 posting in VERDICT. Amherst professor Austin Sarat argues that the Gutierrez case could expand the use of DNA evidence in criminal cases and the Court “should allow Gutierrez to challenge Texas’s restrictions on post-conviction DNA testing, asserting that such limitations in death penalty cases across the country hinder the pursuit of justice and should be reconsidered”.

Click here to read Professor Sarat’s complete posting in VERDTCT: Legal Analysis and Commentary from Justia.

 

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