Articles Posted in Commentary and Opinion

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Introduction

In a recent analysis published in Justia’s Verdict, Cornell Law professor Michael Dorf critiques two high-profile television interviews in which Supreme Court Justices Amy Coney Barrett and Sonia Sotomayor promoted their new books, Barrett’s constitutional memoir Listening to the Law and Sotomayor’s children’s book Just Shine. Dorf suggests that, far from reinforcing the Court’s legitimacy, these media appearances risk reducing the Justices to TV personalities and sidestepping significant concerns about the Court’s institutional health. As Listening to the Law urges readers to engage with originalism and constitutional interpretation while championing judicial modesty, Dorf argues it fails to grapple meaningfully with recent shifts in the Court’s emergency docket and broader threats to democratic norms.

Executive Summary

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Executive Summary

This article examines whether the Supreme Court’s current standards for determining competence to be executed adequately protect individuals with severe cognitive impairments and mental illnesses. While landmark decisions , Ford v. Wainwright (1986), Panetti v. Quarterman (2007), and Madison v. Alabama (2019) , established that a person must possess a rational understanding of the connection between their crime and punishment, critics argue the framework remains unclear, inconsistently applied, and insufficiently protective.

The case of Ralph Menzies, a Utah death row inmate suffering from vascular dementia, illustrates these concerns. Despite serious cognitive decline and an inability to comprehend his punishment, Utah continues to pursue his execution. The Court’s standard leaves wide discretion to the states, creating procedural disparities, frequent “battles of the experts,” and significant hurdles for inmates, who bear the burden of proving their own incompetence.

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The Financial Crimes Enforcement Center (FinCEN)”is a bureau of the U.S. Department of the Treasury. The Director of FinCEN is appointed by the Secretary of the Treasury and reports to the Treasury Under Secretary for Terrorism and Financial Intelligence. FinCEN’s mission is to safeguard the financial system from illicit activity, counter money laundering and the financing of terrorism, and promote national security through strategic use of financial authorities and the collection, analysis, and dissemination of financial intelligence.”.

On June 25, 2025, the US Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) imposed special measures under Section 9714 of the Fentanyl Sanctions Act and the FEND Off Fentanyl Act, designating three Mexico-based financial institutions, CIBanco, Intercam Banco, and Vector Casa de Bolsa , as primary money laundering concerns. The action prohibits US financial institutions from processing transmittals of funds to or from these entities, or to any account or digital asset address they administer. This marks the first use of these new authorities, aimed at disrupting financial infrastructure exploited by cartels for fentanyl trafficking and precursor procurement.

According to FinCEN’s findings, the designated institutions played a key role in laundering funds on behalf of major cartels including CJNG, the Gulf Cartel, the Beltran-Leyva Organization, and the Sinaloa Cartel. The institutions processed millions of dollars in payments to China-based suppliers of precursor chemicals used in fentanyl production. Examples include a 2023 incident in which a CIBanco employee knowingly created an account to launder USD 10 million for a Gulf Cartel member, and Intercam executives meeting with CJNG associates to design laundering schemes involving US dollar wire transfers to China. Vector was linked to over USD 2 million in laundered proceeds for the Sinaloa Cartel, and over USD 1 million in payments to Chinese chemical exporters from 2018 to 2023. From TRM Blog June 25, 2025.

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Introduction

Between now and 2030, law-librarian roles will transform rather than vanish. While routine tasks like first-pass reference triage, some technical cataloging, and current-awareness pathfinders will increasingly be automated, demand will rise for librarians with expertise in AI policy, knowledge architecture, data stewardship, research quality assurance, vendor evaluation, and legal analytics.

Institutions that pair clear AI governance, staff training, and data management will not only retain headcount but also create specialist positions, reshaping the profession.
Key sources: AALL State of the Profession 2025 · ILTA 2024 Tech Survey · ABA AI TechReport 2024 · Thomson Reuters Future of Professionals 2024 · WEF Future of Jobs Report 2025

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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:

Legal News

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Historical Background

The history of capital punishment in the United States reflects a cycle of reform, reinstatement, and continued controversy. In 1972, the Supreme Court’s decision in Furman v. Georgia temporarily halted executions nationwide, finding that death penalty statutes were applied in arbitrary and capricious ways. Just four years later, in Gregg v. Georgia  the Supreme Court reinstated the death penalty. This decision upheld new death penalty statutes that aimed to address the arbitrariness concerns raised in Furman by providing revised sentencing guidelines and procedures for capital cases. These revised guidelines typically included a bifurcated trial process (separate guilt and sentencing phases) and required the identification of aggravating circumstances before a death sentence could be imposed. 

Since then, abolition efforts have proceeded along two main paths: statutory repeal by state legislatures and judicial decisions striking down death penalty schemes. A small number of jurisdictions, such as Michigan and Puerto Rico, have gone further by embedding abolition directly into their constitutions; a step that offers stronger, more lasting protection.

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Two months ago, during a media briefing at its New York City offices, Thomson Reuters offered a glimpse of what it called the “next generation” of its CoCounsel artificial intelligence platform, a shift, the company said, from AI tools that simply respond to prompts to intelligent agentic systems capable of planning, reasoning, and executing complex, multi step workflows in professional settings.

That vision became reality on August 5, 2025 with the official launch of CoCounsel Legal, a platform that blends agentic workflows with advanced research capabilities, all powered by Westlaw’s vast legal content. Thomson Reuters is positioning it as the most comprehensive AI solution yet for legal professionals.

First unveiled to the media during a July 24 press briefing, the new platform introduces two major innovations: guided workflows that can manage sophisticated legal tasks from start to finish, and Deep Research, an AI-powered research engine that leverages Westlaw’s proprietary tools to deliver thorough, authoritative results. In an August 5 posting in LawSites Weekly Bob Ambrogi writes… “Unlike traditional AI-assisted research that summarizes search results, Deep Research creates research plans, executes them iteratively, and delivers comprehensive reports with transparent reasoning”

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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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