Articles Posted in Commentary and Opinion

by

FROM THE AMERICAN BAR ASSOCIATION (ABA):

“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 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”  Continue Reading

BAR ORGANIZATIONS’ STATEMENT IN SUPPORT OF THE RULE OF LAW.

by

To those of us who have benefited from SLA membership, this announcement is sad news. After 116 years of dedicated service to information professionals and specialized librarians, the Special Libraries Association (SLA) has announced its decision to initiate a dissolution process. The global organization, known for its unwavering support in the field, has been a cornerstone for professionals seeking specialized knowledge and resources. This marks the end of an era for the profession as we reflect on the significant contributions and impact the SLA has had over more than a century.

Announcement of SLA dissolution:

The Special Libraries Association (SLA), a global organization dedicated to supporting information professionals and specialized librarians, has announced it will begin a dissolution process after 116 years of service to the profession.

Continue reading

by

This posting consists of commentary on  Roger Citron’s article, Judge Wilkinson’s Dualist Opinion in Abrego Garcio v. Noem: Judicial Review of Executive Action in a Transformative Time,  amplified with information from additional sources related to Bruce Ackerman’s theory of the United States as a dualist democracy.

In his article, Roger Citron revisits Bruce Ackerman’s theory of the United States as a dualist democracy, presenting a timely analysis of how this framework sheds light on current constitutional tensions. Through a close reading of Judge J. Harvie Wilkinson III’s opinion in Abrego Garcia v. Noem, Citron suggests we may be witnessing an effort at higher lawmaking—a constitutional transformation driven not just by legal arguments, but by political and public realignment.

Ackerman’s concept of dualist democracy, introduced in We the People: Foundations, distinguishes between two modes of governance (Bruce Ackerman, We the People: Foundations 6–8 (1991),

Continue reading

by

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?

Continue reading

by

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

Continue reading

by

Report-April 11, 2025.

The Congressional Budget Office* “(CBO) provides an overview of federal tax credits that support investment in wind and solar electric power. The agency also explains how it assesses the credits’ budgetary and economic effects and how its baseline reflects JCT’s revenue estimates.”

SUMMARY:

Continue reading

by

These News Briefs and Decision Summaries are from  the  the New Jersey State Bar Association. They are an exclusive benefit of the Association in partnership with the New Jersey Law Journal. A subscription may be necessary to access the full text of some of the items listed:

NEWS BRIEFS:

Continue reading

by

April 10, 2025

From  The Legal File by Reuters Legal.

The rundown on the top legal news of the day.

by

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%.

Continue reading

by

From VERDICT, Legal Analysis and Commentary from Justia, 27 March 2025.

SUMMARY:

NYU Law Professor Samuel Estreicher and JD candidate Andrew Babbitt analyze President Trump’s use of the International Emergency Economic Powers Act (IEEPA) during his second administration to impose and threaten tariffs on several countries. They highlight how this approach bypasses the usual legislative and procedural processes required for implementing tariffs. According to Estreicher and Babbitt, this tactic marks an unprecedented and legally questionable expansion of executive authority—one that sidesteps congressional intent and oversight and raises significant constitutional concerns about the broad, unchecked use of the IEEPA.

Continue reading
Contact Information
ATTORNEY ADVERTISING

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2016 – 2025, David Badertscher
JUSTIA Law Firm Blog Design