Articles Posted in Commentary and Opinion

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In Presumed Guilty, Scott Turow revisits the world of legal drama, charting the transformation of his iconic protagonist, Rusty Sabich, from prosecutor to defense attorney in a rural setting. Touro University, Jacob D. Fuchsberg Law Center professor Rodger D. Citron examines Turow’s latest legal thriller, exploring how the author’s storytelling has evolved while maintaining his signature blend of courtroom intrigue and legal realism. Citron argues that Presumed Guilty deepens Turow’s exploration of justice, race, and personal growth, presenting Rusty not just as an older character but as a more mature and introspective one:

Click here to read Professor Citron’s Notes on Scott Turow’s Presumed Guilty

Refeerence:

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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

NEWS BRIEFS:

Law Firm Found Liable for Malpractice in Suit Over Hazing Death

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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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FROM THE AMERICAN BAR ASSOCIATION (ABA):

“The American Bar Association Standing Committee on Ethics and Professional Responsibility released a formal opinion on March 5, 2025, that provides clarification on when a lawyer may divulge information when they are a victim of a crime by a client or prospective client.

Formal Opinion 515 states that “a lawyer who is the victim of a crime by a client or prospective client may disclose information relating to the representation to the appropriate authority in order to seek an investigation and potential prosecution of the alleged offender or other services, remedy or redress. To the extent that the information would otherwise be subject to the lawyer’s duty of confidentiality under Model Rule of Professional Conduct 1.6, the information is subject to an implicit exception to the Rule.”

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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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FROM: Jenny S. Silbiger, AALL Vice President.

“I am so grateful to all of our members who make AALL an informed, educated, and wholehearted organization. I know we are not alone in the work that we do, as access to legal information impacts all aspects of the legal profession, and I am heartened to know that we are just one organization of many who are working diligently to make a positive difference in the world.”

STATEMENT:

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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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A message from William R. Bay, President of the American Bar Association, February 10, 2025:

It has been three weeks since Inauguration Day. Most Americans recognize that newly elected leaders bring change. That is expected. But most Americans also expect that changes will take place in accordance with the rule of law and in an orderly manner that respects the lives of affected individuals and the work they have been asked to perform.Instead, we see wide-scale affronts to the rule of law itself, such as attacks on constitutionally protected birthright citizenship, the dismantling of USAID and the attempts to criminalize those who support lawful programs to eliminate bias and enhance diversity.

We have seen attempts at wholesale dismantling of departments and entities created by Congress without seeking the required congressional approval to change the law. There are efforts to dismiss employees with little regard for the law and protections they merit, and social media announcements that disparage and appear to be motivated by a desire to inflame without any stated factual basis. This is chaotic. It may appeal to a few. But it is wrong. And most Americans recognize it is wrong. It is also contrary to the rule of law.The American Bar Association supports the rule of law. That means holding governments, including our own, accountable under law. We stand for a legal process that is orderly and fair. We have consistently urged the administrations of both parties to adhere to the rule of law. We stand in that familiar place again today. And we do not stand alone. Our courts stand for the rule of law as well.Just last week, in rejecting citizenship challenges, the U.S. District Judge John Coughenour said that the rule of law is, according to this administration, something to navigate around or simply ignore. “Nevertheless,” he said, “in this courtroom and under my watch, the rule of law is a bright beacon which I intend to follow.” He is correct. The rule of law is a bright beacon for our country.In the last 21 days, more than a dozen lawsuits have been filed alleging that the administration’s actions violate the rule of law and are contrary to the Constitution or laws of the United States. The list grows longer every day.
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