Articles Posted in Legal News and Views

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“This year’s celebration of Law Day is much different than any we have ever faced. Our justice system and profession face grave risks due to the clear pattern of statements and actions by elected and appointed officials that threaten the rule of law. These include attacks on the judiciary and the legal profession, retaliation against those who disagree with government actions, and efforts to penalize those who seek to eliminate bias in our justice system and profession and enhance diversity. The frequency and intensity of these attacks are escalating. You read about them every day. We, [ the ABA] have spoken strongly and clearly about these threats. Make no mistake. Our judicial system, profession and the principles we have cherished for 250 years are at risk”  ABA Fights for the rule of law.

BAR ORGANIZATIONS’ STATEMENT IN SUPPORT OF THE RULE OF LAW.

There are clear choices facing our profession. We can choose to remain silent and allow these acts to continue or we can stand for the rule of law and the values we hold dear. We call upon the entire profession, including lawyers in private practice from Main Street to Wall Street, as well as those in corporations and who serve in elected positions, to speak out against intimidation.

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This posting consists of commentary on  Roger Citron’s article, Judge Wilkinson’s Dualist Opinion in Abrego Garcio v. Noem: Judicial Review of Executive Action in a Transformative Time,  amplified with information from additional sources related to Bruce Ackerman’s theory of the United States as a dualist democracy.

In his article, Roger Citron revisits Bruce Ackerman’s theory of the United States as a dualist democracy, presenting a timely analysis of how this framework sheds light on current constitutional tensions. Through a close reading of Judge J. Harvie Wilkinson III’s opinion in Abrego Garcia v. Noem, Citron suggests we may be witnessing an effort at higher lawmaking—a constitutional transformation driven not just by legal arguments, but by political and public realignment.

Ackerman’s concept of dualist democracy, introduced in We the People: Foundations, distinguishes between two modes of governance (Bruce Ackerman, We the People: Foundations 6–8 (1991),

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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 Sanctioned Over Fees

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Artificial Intelligence: Legal Issues, Policy, and Practical Strategies, Edited by Cynthia H Cwik, Christopher A Suarez, and Lucy L Thomson.

A publication by the American Bar Association.

“This book covers a wide range of important topics concerning AI and the law, and provides practical advice to attorneys on how to navigate these complex and rapidly evolving issues.”
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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:

Federal Judge Steps Down From Patent Case After Former Clerk Joins Plaintiff’s Gibbons Team

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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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April 10, 2025

From  The Legal File by Reuters Legal.

The rundown on the top legal news of the day.

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Adopted August 2016; Revised Commentary 2017 and 2024.

FROM THE INTRODUCTION:

Persons with mental disorders are disproportionately represented in the criminal justice system. Studies suggest that anywhere from 16 to 24% of people in jails and prisons have a serious mental illness.1 This rate is three to 12 times higher than the rate of serious mental disability in the community, 2 and at least three times higher than the population in psychiatric hospitals.3 It also represents a vast increase over the incarceration rate of people with mental disability 30 years ago, when the first edition of these Standards was promulgated.4 If mental disorder is defined more broadly, to include personality disorders, the percentages involved in the criminal system skyrocket to over 50%.

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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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