Articles Posted in Legal News and Views

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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:

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:

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NJ Firm Narrowly Avoids Case Dismissal Over Lengthy Complaint Filed in Fed Court

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:

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Tensions Run High at Final Hearing Before Manhattan Congestion Pricing Takes Effect

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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Lawyers on TikTok Seek the Right Mix of Substance and Levity

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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.

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:

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