Authors of Articles

June 21, 2024

United States v. Rahimi Upholds a Law Unarming Violent Abusers

On June 21, 2024, the U.S. Supreme Court delivered a significant ruling in United States v. Rahimi (22-915), affirming the constitutionality of 18 U.S.C. § 922(g)(8), which restricts firearm possession by individuals subject to domestic violence restraining orders. The decision came in an 8-1 vote, with Chief Justice Roberts writing the majority opinion and Justice Thomas dissenting.

The case centered on whether this statute infringes upon Second Amendment rights. The Court held that temporarily disarming individuals who pose a threat to the safety of others is consistent with the Second Amendment. This decision overturned the Fifth Circuit’s ruling, which had previously deemed the statute unconstitutional based on an interpretation that required historical precedents almost identical to the modern law.

Chief Justice Roberts emphasized that the restriction is a reasonable measure to protect potential victims of domestic violence, aligning with historical practices of disarming individuals deemed dangerous. This ruling reinforces the government’s ability to implement protective measures against gun violence, particularly in the context of domestic abuse (SCOTUSblog) ({{meta.siteName}}) (Wikipedia).

June 17, 2024

The Future of Law Librarianship: AI as a Powerful Ally

by David Badertscher

Although retired as an active law librarian, I try to keep up with current developments by maintaining memberships in AALL, SLA, ABA, and maintaining contacts with friends currently active in the profession. I also have been publishing articles on the Criminal Law Library Blog since 2007 on various subjects, including those related to law, law librarians, and artificial intelligence.

I am grateful to have been able to maintain all of these relationships through the years and hope the below article will help my professional colleagues realize the potential of AI as a powerful ally. In my view, AI has the potential to revolutionize the services provided by law librarians through various means including those outlined below.

Enhanced Legal Research

June 4, 2024

Jury Instructions and Charges in the New York Trial Courts: A Balancing Act

by David Badertscher

The recent high-profile trial of former president Donald Trump has reignited discussions on the role of jury instructions in shaping verdicts. This post is based in part on the following query we asked Gemini following the triaI: I need a broad discussion of jury instructions and charges to the jury in trial courts of the state of New York. The following explores the purpose and content of jury instructions in New York courts. We’ve also included a link to the final instructions and a transcript from the recently concluded trial of Donald Trump

Jury instructions and charges are a cornerstone of a fair trial in New York courtrooms. They act as a bridge between the complex legal world and the understanding of laypeople on the jury. Let’s delve into the significance of this exchange and the considerations involved. For more detailed information see: New York Criminal Jury Instructions and Model Colloquies. For the latest additions and revisions see CJI2d & MC History. For New York Civil Jury Instructions see CPJI- Civil Pattern Jury Instructions –all from the New York State Unified Court System.

The Importance of Clear and Precise Instructions

May 28, 2024

The Evolution of AI in Law Libraries

by David Badertscher

Law libraries are undergoing a transformation fueled by Artificial Intelligence (AI). While AI isn’t replacing librarians, it’s becoming a powerful tool that’s changing how legal research is conducted and how libraries serve their patrons.

The history of artificial intelligence in law libraries is a fascinating journey marked by technological evolution, legal industry demands, and the gradual integration of advanced tools to support legal research, information management, and decision-making processes. Here’s a historical overview of this subject:

Early Beginnings and Development

May 23, 2024

Report on the Investigation Into Unauthorized Classified Documents Discovered at Various Locations Related to President Joseph Biden

by David Badertscher

This posting includes an excerpt from the Report on the Investigation Into Unauthorized Removal, Retention, and Disclosure of Classified Documents Discovered at Locations Including the Penn Biden Center and the Delaware Private Residence of President Joseph R. Biden, Jr. prepared for the Attorney General of the United States by Special Counsel Robert K. Hur and his staff, and a link to the entire document.

EXCERPT:

“We conclude that no criminal charges are warranted in this matter. 1 We would reach the same conclusion even if Department of Justice policy did not foreclose criminal charges against a sitting president.

May 20, 2024

ABA Issues Formal Opinion on Lawyers’ Use of Listservs

by David Badertscher

Lawyer listservs are often used by attorneys and other professionals to help keep up with changes in the law. But they pose some potential for violating confidentiality model rules

On May 8, the American Bar Association Standing Committee on Ethics and Professional Responsibility released formal opinion 511 which provides guidance for when a lawyer can seek advice on a listserv. It finds that model rules in most cases forbid posting questions or comments related to representation of a client, even in hypothetical or abstract form.

“Formal Opinion 511 cites Rule 1.6, which deals with confidentiality and the possibility of unethical behavior under ABA Model Rules of Professional Conduct. The formal opinion finds possible ethical problems ‘if there is a reasonable likelihood that the lawyer’s questions or comments (on a listserv) will disclose information relating to the representation that would allow a reader then or later to infer the identity of the lawyer’s client or the situation involved.'”

May 7, 2024

Ethical Standards for Election Administration: A Report from the American Law Institute (ALI)

by David Badertscher

Election administrators and their staff, spread throughout thousands of voting jurisdictions in the United States, perform a core service dedicated to maintaining and preserving our democracy. Their work has become significantly more difficult, as our contentious politics have clouded much of what they do with misunderstanding and distrust. These challenges have made clear that election administrators may, and typically do, lack the full range of resources they need.

As election officials gain both increasing public visibility and scrutiny, it has become increasingly obvious that the time has come for identifying the ethical standards unique to the election administrator profession. It is essential to identify national standards for election officials that provide guidance in the administration of voting throughout the United States. It is therefore encouraging to learn that the American Law Institute (ALI) has provided a forum, released to the public on January 29, 2024, for a working group developing such standards, resulting in a report Ethical Standards for Election Administration

The report sets out seven principles, discussed in detail, along with the basis for each. It is the hope of the working group that these principles provide the professional election administration community with a common vocabulary for communicating the moral underpinning of their work; assist in the training of the next generation of officials; and help guide officials in carrying out their responsibilities when the law does not supply the answer and public scrutiny is keenest. These principles also supply the grounds for specific standards of conduct that reflect these principles and put them into practical effect.

April 29, 2024

ABA Survey: Most Think That U.S. Democracy is Weaker Than it was Five Years Ago

by David Badertscher

According to responses to the 2024 ABA Survey of Civic Literacy, 74% of individuals surveyed said that U.S. democracy is weaker than it was five years ago. Most blamed misinformation, disinformation, and political parties for contributing to this result. The survey is released each year to mark Law Day, observed annually on May 1. The responses are from a nationally representative telephone survey of 1,000 respondents from March 4-9. Here is an overview of some of the results as reported by the ABA on their website: followed by a link to the full text of the survey.

Democracy “A large majority — 74% — said U.S. democracy is weaker today than it was five years ago. Only 13% said it is stronger. Among those who said our democracy is weaker, nearly 1 in 3 (31%) said the primary cause is misinformation and disinformation. Nearly as many (29%) blamed the political parties. Less than 10% blamed social media or lack of civility. The survey also asked who should be primarily responsible for safeguarding our democracy. More than a third (37%) said it is mainly the responsibility of the general public — yet half of all respondents (exactly 50%) said the general public is not very informed about how democracy works.

Elections

April 17, 2024

Medicare Accountable Care Organizations: Past Performance and Future Directions

by David Badertscher

According to Medicare,” Accountable Care Organizations, or ACOs, are all about providing the best types of care for patients with Medicare, while simultaneously helping to lower the cost of healthcare. They consist of a coordinated group of doctors, hospitals and various types of medical providers who work together for the benefit of the patients they serve, allowing them to get the right care when they need it.” Additionally, their mission is to help control the amount of waste in the Medicare system. This includes patients seeing more than one specialist for the same condition and undergoing the same tests, as well as excessive visits. For additional information related to controlling waste and fraud in the Medicare system see my earlier posting Combating Fraud and Deception: Medicare’s Strategies and Initiatives .

On April 16, 2024, the Congressional Budget Office (CBO)* issued a report, Medicare Accountable Care Organizations: Past Performance and Future Directions, which summarizes recent research findings about Medicare accountable care organizations and the factors that have contributed to or limited their ability to achieve net budgetary savings for the Medicare program. The remainder of this posting includes a summary of this report prepared by the CBO and links to both the complete text of the report and to other publications related to it.

SUMMARY:

April 1, 2024

American Criminal Law: A captivating Journey Through Justice–A Review

by David Badertscher

Thinking back on my fifty plus years as a practicing law librarian, I have come to believe that criminal law is one of the more humanistic of legal disciplines because it can reach people at such a personal level. Paul H Robinson* and Sarah M Robinson capture this thought in their book, “American Criminal Law: Its People, Principles, and Evolution” (Routledge 2022). It offers a refreshing take on this complex subject.

This book breaks away from dry legal jargon and instead weaves a compelling narrative that explores the history, core concepts, and ongoing debates within American criminal law. The authors write, “Criminal law is one of the most interesting perspectives on the human adventure,… it requires us to examine how we want people to act, what we will do when they act improperly, and how we decide what we can reasonably expect of people. And to do this, we must assess what makes a successful society, what citizen protections and obligations a society should enforce, as well as the principles of justice that the community shares.”

The authors’ strength lies in their engaging, approach. Each chapter delves into a specific principle, like legality or culpability, by presenting a historical case that illuminates its foundation. This is then contrasted with a modern case, highlighting the evolution of the concept. This back- and- forth through time keeps the reader engaged and demonstrates how the law adapts to societal changes.