Articles Posted in The Judiciary

Presiding Justice Hector D. LaSalle and the Justices of the Appellate Division, Second Department on January 11, 2024, announced the creation of a Task Force to study

the interplay of artificial intelligence and the courts of the Appellate Division, Second Department. The Task Force will meet with experts in the field of artificial intelligence

and propose recommendations on how the Appellate Division, Second Department and the trial courts within its jurisdiction may best utilize reliable artificial intelligence

Michael C. Dorf, the Robert S. Stevens professor of Law at Cornell University, is a regular contributor to Verdict, a service of Justia which provides substantive analysis by legal professionals on a variety of law and law related issues. In his December 22,2023 posting, to this service,  A Holiday Guide to Donald Trump’s Latest Cases at the Supreme court,  “he points out that the U.S. Supreme Court faces critical decisions in two cases involving former President Donald Trump: one regarding his claim of absolute immunity against charges for his role in attempting to overturn the 2020 election, and the other concerning his eligibility for the Presidency under Section 3 of the Fourteenth Amendment. Professor Dorf argues that despite Trump’s legal team arguing for more time due to the complexity of the immunity case, the Court should expedite its review in both cases, given the urgency of presidential primaries and the weak nature of Trump’s claims, especially against the well-founded argument that he is ineligible under the Fourteenth Amendment due to insurrectionist activities”.

Judge Scott U. Schlegel of the Fifth Circuit Court of the State of Louisiana currently serves as Chair of the Louisiana Supreme Court Technology Commission, and is recognized as a pioneer in using technology in the Louisiana State Courts. He has managed what is considered by many to be one of the most advanced technology courts in the nation in terms of delivering online justice.

According to the Fifth Circuit Court Of Appeals of the State of Louisiana website,  “he is the Immediate Past President of the Louisiana District Judges Association (LDJA) and serves on many other committees. Judge Schlegel has received numerous awards including the National Center for State Courts’ 26th Annual William H. Rehnquist Award for Judicial Excellence, one of the highest judicial honors in the country. Judge Schlegel was also featured on the cover of the American Bar Association Journal and is a nationally recognized speaker on legal tech and the modernization of the justice system including matters related to artificial intelligence and the law,”

Judge Schlegel has also been appointed as a member of the Advisory Council of the ABA Taskforce on Law and Artificial Intelligence in recognition of  his efforts to understand and communicate the important issues and challenges related law and artificial intelligence.  On November 28,2023, Judge Schlegel wrote the following open letter which we think is an important addition to this discourse and needs to be distributed widely. Therefore we are reproducing Judge Schlegel’s letter, titled A Call for Education Over Regulation An Open Letter in full and hope you will find it helpful:

During this past week (week ending July 7,2023) we have received listings of 24 Government and Administrative Law Summaries,  45 Constitutional Law summaries and 50 Criminal Law Summaries .  We plan is to continue posting opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated.  To gain access to these case summaries, click on the corresponding links below:

Opinion Summaries Posted for Week Ending July 7, 2023:

Criminal Law Opinion Summaries

On June 29,2023, the Supreme Court delivered its decision in Students for Fair Admissions v. President and Fellows of Harvard College. The Court held that Harvard College’s admissions system does not comply with the principles of the equal protection clause embodied in Title VI of the Civil Rights Act.  The decision, by a vote of 6–2, reversed the lower court ruling. In writing the majority opinion, Chief Justice John Roberts held that affirmative action in college admissions is unconstitutional. The Court did not decide whether race-based affirmative action can continue in U.S. military academies,[9] which the solicitor general urged the Court to continue to allow in the government’s amicus brief. The the court also did not rule out race entirely in admission programs, adding, “nothing prohibits universities from considering an applicant’s discussion of how race affected the applicant’s life, so long as that discussion is concretely tied to a quality of character or unique ability that the particular applicant can contribute to the university.”

REMARKS AND STATEMENTS:

It was only a short time after the Supreme Court announced that it had delivered its decision in Students for Fair Admissions v. President and Fellows of Harvard College that emails and other media containing messages reacting to the decision started appearing. Thinking that readers of this blog might be interested in becoming aware of, and reading,  some of these messages, we started our own searching on the web. Some of our searches were general, some more specific.  As the search results mounted up into the hundreds, it became clear that time and space made it impossible to tabulate all, or even most, of our search results on this blog. We have therefore resorted to presenting you a relatively short, manageable list that hopefully you will find helpful and enlightening.

During this past week (week ending June 30, 2023) we have received listings of 23 Government and Administrative Law Summaries,  77 Constitutional Law summaries, 73 Criminal Law, and 3 U.A. Supreme Court Summaries . Also included under a separate link are three additional U.S. Supreme Court Opinions released on July 1, 2023.  We plan is to continue posting opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated.  To gain access to these case summaries, click on the corresponding links below:

Opinion Summaries Posted for Week Ending June 30, 2023:

Criminal Law Opinion Summaries

During this past week (week ending September 2,2022) we have received listings of 23 Government and Administrative Law Summaries,  53 Constitutional Law summaries,  54 Criminal Law Summaries, and no White Collar Law case summaries. The plan is to post opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated.  To gain access to these case summaries, click on the corresponding links below:

OPINION SUMMARIES POSTED FOR WEEK ENDING September 2, 2022:

Constitutional Law Opinion Summaries.

Upon his retirement from the U.S. Supreme Court on June 30, 2022. Justice Breyer will be receiving a number of awards including the following for his distinguished service while on the Court:

The American Bar Association (ABA) has announced that it will be  honoring  the Honorable Stephen G. Breyer its 2022 Medal, the Association’s highest honor at the ABA’s Annual Meeting in August 2022. The ABA announcement highlights Justice Breyer’s extraordinary career, his efforts to defend the rule of law, his commitment to judicial independence, and his long involvement with the Association. It also mentions that “[Breyer] has written more than 525 Opinions  as a Supreme Court Justice…”.

Justice Breyer will also be receiving the 2022  Thomas Jefferson Medal in Law. This Award is sponsored jointly by the University of Virginia and the Thomas Jefferson Foundation. “Thomas Jefferson Foundation Medals are awarded each year to recognize the achievements of those who embrace endeavors in which Jefferson — author of the Declaration of Independence, third U.S. president and founder of the University of Virginia-excelled and held in high regard”.

INTRODUCTION

Court personnel, litigants and their attorneys clearly felt the impact of Covid-19 as they were struggling to stand upright in a world turned upside down.  Personal lives were disrupted.  Court operations were chaotic.  Filings, motions, depositions, hearings, trials were massively upset with many defaults and dismissals.  The self-represented faced closed help centers. Everyone faced initial challenges of life under emergency directives. and the implementation of a variety of new ways to operate while reducing in person contact.

How prepared were we for such an unanticipated event? How well did we do?  How can we avoid chaos in the future and minimize fallout? Like picking up the rubble after a tornado has blown through your house, everyone is struggling to return to a new normal.  The impact of Covid-19 was so widespread and the plethora of issues provoked so complex, that it’s going to take a while. Yet now, more than two years later, the pandemic is waning Recovery has begun.

The Historical Society of the New York State Courts offers a look back at Covid-19’s impact in Dispensing Justice  From a Distance: Journal of the NYS Courts During the 2020-2021 Pandemic. 

A host of additional resources highlight that problems are being recognized and solutions being formulated.  Several of these have been organized in, COVID-19’s Impact on the New York State Courts, Legal Community, and Litigants – The following Selected Bibliography, compiles articles, reports and websites reflecting the state of the literature available with a specific focus on issues affecting the New York State Courts.

 

Continue reading

Contact Information