Criminal Law Library BlogThe American Bar Association Council for Diversity in the Educational is thrilled to announce the recipients of the 2025 Raymond Pace and Sadie Tanner Mossell Alexander Awards for Excellence in Pipeline Diversity. These awards honor the legacy of Raymond Pace Alexander, the first African American graduate of the Wharton School of the University of Pennsylvania and a trailblazing judge, and Sadie Tanner Mossell Alexander, the first African American woman to earn a Ph.D. in the United States and the first woman to receive a law degree from the University of Pennsylvania.
Articles Posted in Legal News and Views
Articles and Comments from Jurimetrics Journal, Spring 2024 Issue.
About Jurimetrics Journal:
The Jurimetrics Journal is published quarterly “Jurimetrics is the oldest and most widely circulated peer-reviewed journal in its field and is proud to be the official journal of the American Bar Association Science & Technology Law Section. Currently, the journal is housed at the Sandra Day O’Connor College of Law at Arizona State University (ASU Law) and cosponsored by ASU Law’s Center for Law, Science and Innovation (LSI). An LSI Center faculty fellow advises the Jurimetrics executive board and editorial staff. The journal provides scholars and researchers with a wealth of thoughtful articles. It is frequently cited in opinions of state and federal courts, legal treatises, textbooks, and scholarly articles in a wide range of other journals. These distinctions support Jurimetrics’ claim of being the premier peer-reviewed journal of law, science, and technology.”
Recent Books From the ABA Criminal Justice Section
Received 11-27-2024
Akhil Amar on the Courts and the Constitution 2024
A New Jersey Institute of Legal Education (NJICLE) event sponsored by the New Jersey State Bar Association.
Date: December 19, 2024, 9:00AM – 12:00PM.
Location: New Jersey Law Center, New Brunswick and Online.
Gitlow v. New York: From Radical Manifesto to Enduring Legal Legacy
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.”
Webinar: Prosecutorial Evidence and the Rule of Law
American Bar Association:
Register for the upcoming webinar, Prosecutorial Independence and the Rule of Law, at: www.americanbar.org/events-cle/mtg/web/445186848/
“We are living in a pivotal moment when democratic norms and the rule of law are being challenged in novel and unexpected ways as we struggle to adapt to rapid technological and cultural changes that have changed our relationships and dialogue with each other. In maintaining the rule of law, prosecutorial discretion and independence are essential. Yet not everyone believes that prosecutorial independence exists or understands why it matters. In this panel, former Department of Justice leaders and veteran prosecutors will explore recent challenges to prosecutorial independence and the rule of law at the federal level, including the Project 2025 proposal by the Heritage Foundation.”
NJSBA NEWS Briefs September 13, 2024
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BOLTS: State by State Guide to the 2024 Supreme Court Elections
BOLTS* “ The Texas supreme court closed out 2023 by blocking an abortion during a medical emergency, forcing a woman to flee the state. Just days before Christmas, Wisconsin justices struck down the state’s GOP-drawn gerrymanders. So far this year, Montana’s supreme court has stepped in to protect voting rights, while a decision in Alabama threatened in vitro fertilization treatments.
In each of these states, unlike at the federal level, voters chose who sits on the bench and which judges get to dictate such profound consequences. And the 2024 elections may now reshape who holds power on supreme courts across the country.
Thirty-three states have elections for their high courts this year; some have as many as five or six seats on the ballot. In total, 82 seats are up for voters to decide.
ABA Taskforce Report on the Impact of AI on the Practice of Law: Year 1
In August 2023, Mary Smith, President of the American Bar Association (ABA), announced the creation of the ABA Presidential Taskforce on Law and Artificial Intelligence to “bring together lawyers and judges from across the ABA to address the impact of AI on the legal profession and the practice of law.” From it’s beginning, the Taskforce has been concentrating it’s efforts on a broad array of critical AI issues of concern to ABA, including AI’s impact on the legal profession, the courts, legal education, access to justice, governance, risk management, and challenges with generative AI. During the past year, the Task Force has been active on a number of fronts, addressing these issues from various perspectives, including the preparation of it’s Task Force Report on the Impact of AI on the Practice of Law: Year 1 On the Impact of AI on the Practice of Law, released August 2024.
Quoting from the Report: “This Report addresses the critical AI issues that impact lawyers and judges in the practice of law, and provides insights and resources that will equip the legal community to effectively address and leverage these developments. Given the rapid pace of change in the AI landscape (the National Institute of Standards and Technology (NIST) released new guidance documents as this Report was being finalized), and the need to give the AI developments the attention they deserve, the AI Task Force will continue its work in the new bar year (2024-25).
Highlights of the AI Task Force’s year [as mentioned in the Report] include:
ABA Criminal Justice Announcements: August 28 Through October 14, 2024
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