Articles Posted in David Badertscher

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As generative artificial intelligence (GenAI) systems become increasingly integrated into search engines, legal research platforms, healthcare diagnostics, and educational tools, questions of factual accuracy and trustworthiness have come to the forefront. Erroneous or hallucinated outputs from large language models (LLMs) like ChatGPT, Gemini, and Claude can have serious consequences, especially when these tools are used in sensitive domains.

The sheer volume of information processed by AI systems makes comprehensive auditing a significant challenge. This necessitates finding efficient and effective strategies for human oversight.  In this context, the question arises: Should librarians, especially those trained in research methodologies and information literacy, be involved in auditing these systems for factual accuracy? The answer is a resounding yes.

The Librarian’s Expertise in Information Validation

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Introduction

Honoring Émilie du Châtelet: A Mind Ahead of Her Time grew out of my earlier poem, In Celebration of Émilie du Châtelet: A Truly Renaissance Woman. While both poems honor the same remarkable figure, they differ in purpose and tone. The first poem was written with public occasions in mind, shaped for oral recitation and offering, in essence, an outline of her extraordinary life, a concise tribute to her genius and achievements.

This new poem, however, seeks something more reflective. I think of it as a continuation rather than a mere revision, an effort to move beyond a broad sketch and invite deeper contemplation. Here, I aim to provide a richer sense of Émilie du Châtelet’s intellectual daring, her profound humanity, and her concern for women’s rights. Where the earlier poem celebrated her in bold strokes, this one lingers on the subtler dimensions of her life and character, offering a deeper basis for readers to pause and reflect on the legacy of this truly exceptional woman.

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Articles and observations about the art of living a meaningful life included in the July/August 2025 issue of Experience magazine published by the Senior Lawyers Section of the American Bar Association:

As we dive into the July/August 2025 issue of Experience, we celebrate the empowering theme at its heart: living with intention, creativity, and deep human connection. Across a diverse array of articles  contributors explore how seniors, especially those transitioning from long legal careers, are crafting lives rich in meaning, purpose, and fulfillment. For example:

  • In Living Is the Meaning of Life, Seth D. Kramer affirms Herb Cohen’s uplifting mantra that “the meaning of life … is more life,” underlining that fully embracing new experiences, from arts to sport to technology, is its own art form.

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The Staffing, Operations and Technology: 2025 Survey of State Courts, the third annual report by Thomson Reuters Institute with support from the National Center for State Courts AI Policy Consortium, captures insights from 443 judges and court professionals across State, County, and Municipal courts, gathered via an online questionnaire between March 26 and April 15, 2025.  It examines how digital transformation and technological advancements are reshaping court operations, access to justice, and workforce trends.

Key findings highlight significant operational strain: 68% of courts reported staffing shortages last year, and 48% of court professionals say they lack sufficient time to perform their duties . Workloads have increased.  45% of respondents noted heavier caseloads, 39% flagged rising complexity, and 24% observed increases in court delays and continuances  according to Thomson Reuters. 

While many courts now conduct virtual hearings, there are growing concerns about the digital divide impacting litigant participation. Technological adoption is progressing. Most courts use key automated tools, but gaps remain, especially in budgets and infrastructure, despite the broader legal environment embracing AI and Generative AI.

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INTRODUCTION.

Émilie du Châtelet (1706–1749) was a pioneering scientist, philosopher, and translator whose intellect shone brightly in the Age of Enlightenment. Best known for her French translation and commentary on Newton’s Principia Mathematica, still the standard version today, she brought clarity and depth to Newtonian physics while offering original insights into energy and motion.

Living and working alongside Voltaire at Cirey, she helped shape the intellectual life of her time, challenging assumptions in science, philosophy, ethics, and society. Although Émilie du Châtelet wasn’t a legal scholar or actively involved in the legal profession, her writings and critiques demonstrate awareness of the role of laws and social structures in shaping individuals’ lives, particularly for women, and highlight her philosophical arguments for justice, equality, and the importance of intellectual freedom for all. 

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The Social Security Administration (SSA) and legal scholars have offered sharply differing perspectives on the recently enacted One Big Beautiful Bill. In an official communication, the SSA hails the legislation as a historic victory for seniors, emphasizing tax relief for nearly 90% of Social Security recipients. By contrast, in a commentary published by VERDICT: Legal Analysis and Commentary from Justia, Amherst professor Austin Sarat criticizes the SSA’s messaging as a politicized distortion, arguing that it prioritizes presidential branding over transparency and fails to address the deeper structural challenges facing Social Security. These conflicting narratives raise important questions about policy substance, public trust, and the politicization of federal agencies.

VIEW ONE:

From the Social Security Administration:

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On July 4, 2025, President Donald J. Trump signed into law H.R. 1, the “One Big Beautiful Bill Act,” enacted as Pub. L. No. 119–21, 139 Stat. ___ (2025). Passed through the budget reconciliation process under the Congressional Budget Act of 1974, this comprehensive legislation represents a central pillar of the Trump administration’s second-term domestic agenda. It enacts sweeping reforms to the federal tax code, restructures discretionary and entitlement spending. The One Big Beautiful Bill Act does not suspend the debt ceiling through FY 2027. Instead, it raises the debt limit by a specific $5 trillion—an amount projected to sustain federal borrowing for roughly one to two years [i.e., until 2026–27, depending on fiscal trends].

Legislative History and Process

H.R. 1 advanced through Congress under budget reconciliation procedures, thereby circumventing the Senate filibuster and requiring only a simple majority for passage. This expedited pathway allowed the bill’s tax and spending provisions to be consolidated into a single legislative package and enacted swiftly along party lines.

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Congressional Budget Office (CBO) Cost Estimate July 9, 2025.

In the context of the US Congress, SOPRA refers to the Separation of Powers Restoration Act. It’s a legislative proposal aimed at amending the Administrative Procedure Act to change how courts review agency actions. Specifically, SOPRA seeks to eliminate the practice of “Chevron deference,” where courts defer to an agency’s interpretation of a law if it’s deemed reasonable, and instead require courts to review legal questions de novo, meaning without deference to the agency’s interpretation. 

COST ESTIMATE LETTER JULY 9 2025

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“Normally we interpret the golden rule as telling us how to act. But in practice its greater role may be psychological, alerting us to everyday self-absorption, and the failure to consider our impacts on others. The rule reminds us also that we are peers to others who deserve comparable consideration.”
In The Golden Rule of Constitutional Interpretation, published in VERDICT: Legal Analysis and Commentary from Justia on July 1, 2025, UC Davis Law Professor Vikram David Amar and Professor Emeritus Alan E. Brownstein explore the imperative of applying constitutional principles consistently, irrespective of political affiliations or desired outcomes. Drawing on examples from case law involving free speech, federalism, and equal protection, the authors advocate for what they term a “Golden Rule” approach to constitutional interpretation: legal standards should be applied evenly, even when doing so produces results that conflict with one’s own political or ideological preferences. While recognizing the inherent challenges in suppressing partisan impulses, Amar and Brownstein emphasize that fidelity to this rule is essential for maintaining the legitimacy and integrity of constitutional adjudication
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The legislative branch of the United States government (embodied in Congress, which consists of the House of Representatives and the Senate) is the cornerstone of the federal lawmaking process and a central pillar of the constitutional system of checks and balances. Through its exclusive powers to enact laws, oversee the executive branch, and shape national policy, Congress functions within a broader framework of shared authority known as the separation of powers.

In this posting, we explore key questions surrounding the legislative process, followed by overviews of congressional powers beyond lawmaking, the practical operation of separation of powers, and the exercise of war powers in a divided government. Our goal is to provide material that will be useful to law and legislative librarians, the legal profession at large, and anyone whose work or civic responsibilities require engagement with these fundamental issues.

I. Lawmaking Authority

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