Articles Posted in David Badertscher

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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?

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The U.S. Constitution enshrines a system of separation of powers, ensuring that legislative, executive, and judicial branches operate independently while keeping one another in check. This structure is meant to prevent the concentration of power and to safeguard individual liberty. But in recent years, many legal scholars, judges, and concerned citizens have raised a critical question: Has the balance of power shifted too far in favor of the Executive Branch?

Following a brief discussion about what the Founding Fathers believed about separation of powers, this post examines key constitutional flashpoints—executive orders, emergency powers, war powers, pardons, and more—illustrating how modern challenges are testing the limits of our separation-of-powers framework.

What the Founding Fathers Believed About Separation of Powers

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Since writing and publishing my 1982 article, An Examination of the Dynamics of Change in Information Technology as Viewed From Libraries and Information Centers, 75 Law Library J. 198 (1982). I have learned a great deal—so much, in fact, that a completely new article is necessary. What I have come to understand more deeply is the universality of change—how it shapes everything within us and around us. This realization has transformed my perspective, and I believe it is important to share these new insights. I hope you find this fresh perspective both valuable and thought-provoking, and that it inspires you to share it with others.                                                                                                                                                                                                                                                                                                                                    David Badertscher

INTRODUCTION

Change is the driving force behind everything—from the expansion of the universe to the evolution of life and the rise and fall of civilizations. It fuels both entropy, which pushes systems toward disorder, and evolution, which shapes complexity and adaptation. But is change simply a consequence of these forces, or is it the deeper, underlying principle guiding all transformation?

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EXECUTIVE SUMMARY:

The rapid advancement of artificial intelligence (AI) has transformed numerous industries, and legal research is no exception. Emerging AI-powered tools have introduced new efficiencies in case law analysis, contract review, compliance monitoring, and legal document automation. Among these innovations, DeepSeek, an open-source large language model (LLM), has garnered attention for its potential to revolutionize legal research support systems.

DeepSeek offers advanced reasoning capabilities, text summarization, and document analysis functions that could significantly enhance legal workflows. Its open-source nature and adaptability set it apart from proprietary legal research platforms such as Westlaw Edge, LexisNexis, and Casetext’s CoCounsel. However, its viability as a legal research tool must be assessed not only in terms of its technological capabilities but also through the lens of accuracy, security, regulatory compliance, and ethical considerations.

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In his essay, Do State Legislatures Have to Obey U.S. Supreme Court Decisions?  Amherst professor Austin Sarat discusses how several state legislatures, particularly Alabama, are passing laws allowing the death penalty for child rape despite a 2008 Supreme Court ruling, Kennedy v. Louisiana, that declared such punishment unconstitutional. Professor Sarat argues that this strategic legislative defiance represents a dangerous trend that threatens constitutional order, as lawmakers are deliberately passing unconstitutional laws hoping the current conservative-majority Supreme Court will overturn precedent, similar to the strategy that led to Roe v. Wade being overturned.

Reflecting on the urgency expressed by professor Sarat regarding this question, we have prepared our own report, titled Do State Legislatures Have to Obey U.S. Supreme Court Decisions?, An Overview, to provide an added frame of reference for considering the implications of professor Sarat’s posting. Our Report, which follows, is based on our search of related sources, including Deep Research, the advanced AI research application recently introduced by Open AI.

DO STATE LEGISLATURES HAVE TO OBEY U.S. SUPREME COURT DECISIONS?, An Oveerview

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Introduction:

Law libraries are undergoing a transformation fueled by artificial intelligence (AI). While AI isn’t replacing law librarians, it has become a powerful tool that is changing how legal research is conducted and how libraries serve their patrons​

Modern law librarians leverage AI in various domains – from advanced legal research platforms to automated document handling and chat-based reference assistance – all with the goal of improving efficiency and service quality. By offloading routine or labor-intensive tasks to AI, librarians can focus on higher-level work such as complex research consultations, teaching, and strategic planning​. The following overview highlights key AI applications in legal research tools, document automation, and chatbots, explaining how each contributes to enhanced library services.

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“Beyond remorse” refers to, individuals who exhibit a lack of regret or guilt for their actions, often associated with a personality disorder like antisocial personality disorder (ASPD), where people may not understand the harm they cause others and therefore do not feel remorseful, even when confronted with the consequences of their behavior.”
In a February 18, 2025 essay, No Regrets, in VERDICT, Cornell law professor Joseph Margulies discusses his book project about society’s tendency to ostracize wrongdoers and explores the complex role of remorse in how society judges and responds to those who have committed serious transgressions. Professor Margulies grapples with a particular challenge in his research—how to address cases where individuals who have committed wrongful acts feel no remorse for their actions, using examples like January 6 rioters and abortion providers in different states—and invites such individuals to share their perspectives. Below, we include an abstract of Professor Margulies’ essay, including a link to his complete posting, a list of key points about people who lack remorse and  some potential causes.
ABSTRACT:
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Introduction

Materials consulted in preparing this posting were curated from various sources including the recently introduced Deep Research by OpenAI.

With Elon Musk at the helm of the Department of Government Efficiency,   various agencies within the U.S. government may experience restructuring aimed at streamlining operations, reducing costs, and integrating advanced technologies. One area likely to be affected is government agency libraries—institutions that provide critical research, archival, and information services to federal employees, policymakers, and researchers. These libraries, usually housed within agencies such as the Library of Congress, the National Archives, and the Department of Defense (DoD), play an essential role in supporting government functions. This essay explores how Musk’s efficiency-driven policies might reshape these libraries, with potential consequences for automation, digitization, data management, funding, privacy and information security. Although the focus of this posting is U.S. government libraries, its implications are far reaching.

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The sheer volume of Executive Orders issued by the White House since the start of this administration can feel overwhelming, especially for those tasked with monitoring these actions regularly. To assist in navigating this fast-paced environment, we have reviewed over a hundred websites to identify the most reliable and direct sources for tracking Executive Orders on an ongoing basis. In our selection process, we excluded sites that provide in-depth analysis of individual orders but lack a primary focus on continuous tracking. This post includes a  link to a site which discuss what executive orders are, followed by links to our curated list of “go-to” resources designed to help you stay up-to-date with Executive Orders as they are issued.

WHAT IS AN EXECUTIVE ORDER?

What is an Executive Order ABA

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From a Legaltech News posting by Benjamin Joyner , January 27, 2025.

“LexisNexis {has] announced the general availability of Protégé, a personalized artificial intelligence assistant for legal work. The release follows last August’s announcement of Protégé’s commercial preview, which allowed several dozen customers to beta test the product.”

“The new tool is now integrated into Lexis’ larger generative AI platform, Lexis+ AI, which includes a variety of other features such as a citation tool, and is expected to be rolled out across other Lexis products shortly. The initial launch of Protégé came shortly after Lexis’ purchase of Belgian contract drafting startup Henchman, which was announced last June and finalized the following month. The use of the startup’s document management system integrations enabled enhanced personalization by grounding output in the previous work product of the individual user and the firm.”

 

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