Articles Posted in American Bar Association

An event sponsored by the American Bar Association, International Law Section.

July 2, 2025 12PM EDT.

This webinar will examine a significant gap in the subject matter jurisdiction of the International Criminal Court (ICC): its inability to investigate and prosecute individuals who knowingly cause widespread or long-term environmental damage. The program will explore ongoing efforts by civil society to amend the Rome Statute to address this deficiency, including proposals to recognize ecocide as an international crime. Topics will include developments in international environmental criminal law, corporate and state liability, and the integration of ecocide into existing legal frameworks.

From the American Bar Association Criminal Justice Section;

Hewitt v. United States

“(Justice Jackson delivered the opinion of the Court with respect to Parts I, II, and III, in which Chief Justice Roberts and Justices Sotomayor, Kagan, and Gorsuch joined, and an opinion with respect to Parts IV and V, in which Justices Sotomayor, Kagan and Alito joined. Justice Alito filed a dissenting opinion, in which Justices Thomas, Kavanaugh and Barrett joined.)”

In a timely and thought-provoking piece published in the Criminal Justice Magazine (Spring 2025), Richard Alan Ginkowski, a judge, and legal educator who has contributed to American Bar Association publications, urges legal professionals and advocates to take a closer look at an often-overlooked resource: their own state constitutions. His article, titled “Your State Has a Constitution. Why Not Use It?,” appears in the Spring 2025 issue of Criminal Justice Magazine, a publication of the ABA’s Criminal Justice Section.

Ginkowski’s analysis highlights how state constitutions, often richer in individual rights and more flexible than their federal counterpart, can serve as powerful tools in advancing criminal justice reform, protecting civil liberties, and shaping legal strategy. By drawing attention to recent judicial decisions and emerging advocacy trends, the article reminds practitioners that when federal remedies fall short, state constitutional claims may offer a compelling alternative.

This article is essential reading for anyone involved in litigation, policymaking, or public interest advocacy, offering a fresh perspective on how to reinvigorate the use of state-level constitutional law in the pursuit of justice.

Introduction

Artificial intelligence (AI) is rapidly reshaping the legal profession, influencing how attorneys conduct research, draft briefs, analyze litigation risk, and advise clients. As AI tools like generative language models, legal search platforms, and predictive analytics systems become more prevalent, AI literacy has become essential for legal professionals. Law librarians, long recognized for their expertise in research instruction, information curation, and professional ethics, are well positioned to take the lead in promoting AI literacy across the legal ecosystem.

This paper examines the role law librarians should play in fostering AI understanding, outlines strategies for advancing AI literacy, and identifies the challenges and opportunities involved.

“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.

The digital age has dramatically expanded how we connect, communicate, and share. Yet with these advances come new risks—especially for vulnerable individuals targeted through online platforms. One of the most alarming forms of harm emerging in this environment is cyber sexual misconduct, which encompasses a broad range of non-consensual, sexually inappropriate behaviors conducted via digital means.

As technology evolves faster than the law can keep up, cyber sexual misconduct presents pressing questions about privacy, consent, and accountability. Increasingly, these acts are being recognized not merely as ethical violations, but as criminal offenses requiring serious legal and societal responses.

What Is Cyber Sexual Misconduct?

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.”

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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