Articles Posted in Commentary and Opinion

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The Staffing, Operations and Technology: 2025 Survey of State Courts, the third annual report by Thomson Reuters Institute with support from the National Center for State Courts AI Policy Consortium, captures insights from 443 judges and court professionals across State, County, and Municipal courts, gathered via an online questionnaire between March 26 and April 15, 2025.  It examines how digital transformation and technological advancements are reshaping court operations, access to justice, and workforce trends.

Key findings highlight significant operational strain: 68% of courts reported staffing shortages last year, and 48% of court professionals say they lack sufficient time to perform their duties . Workloads have increased.  45% of respondents noted heavier caseloads, 39% flagged rising complexity, and 24% observed increases in court delays and continuances  according to Thomson Reuters. 

While many courts now conduct virtual hearings, there are growing concerns about the digital divide impacting litigant participation. Technological adoption is progressing. Most courts use key automated tools, but gaps remain, especially in budgets and infrastructure, despite the broader legal environment embracing AI and Generative AI.

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INTRODUCTION.

Émilie du Châtelet (1706–1749) was a pioneering scientist, philosopher, and translator whose intellect shone brightly in the Age of Enlightenment. Best known for her French translation and commentary on Newton’s Principia Mathematica, still the standard version today, she brought clarity and depth to Newtonian physics while offering original insights into energy and motion.

Living and working alongside Voltaire at Cirey, she helped shape the intellectual life of her time, challenging assumptions in science, philosophy, ethics, and society. Although Émilie du Châtelet wasn’t a legal scholar or actively involved in the legal profession, her writings and critiques demonstrate awareness of the role of laws and social structures in shaping individuals’ lives, particularly for women, and highlight her philosophical arguments for justice, equality, and the importance of intellectual freedom for all. 

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The Social Security Administration (SSA) and legal scholars have offered sharply differing perspectives on the recently enacted One Big Beautiful Bill. In an official communication, the SSA hails the legislation as a historic victory for seniors, emphasizing tax relief for nearly 90% of Social Security recipients. By contrast, in a commentary published by VERDICT: Legal Analysis and Commentary from Justia, Amherst professor Austin Sarat criticizes the SSA’s messaging as a politicized distortion, arguing that it prioritizes presidential branding over transparency and fails to address the deeper structural challenges facing Social Security. These conflicting narratives raise important questions about policy substance, public trust, and the politicization of federal agencies.

VIEW ONE:

From the Social Security Administration:

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Report from the Congressional Budget Office (CBO): July 9, 2025.

The federal budget deficit totaled $1.3 trillion in the first nine months of fiscal year 2025, CBO estimates. That amount is $65 billion more than the deficit recorded during the same period last fiscal year.

SUMMARY:

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“Normally we interpret the golden rule as telling us how to act. But in practice its greater role may be psychological, alerting us to everyday self-absorption, and the failure to consider our impacts on others. The rule reminds us also that we are peers to others who deserve comparable consideration.”
In The Golden Rule of Constitutional Interpretation, published in VERDICT: Legal Analysis and Commentary from Justia on July 1, 2025, UC Davis Law Professor Vikram David Amar and Professor Emeritus Alan E. Brownstein explore the imperative of applying constitutional principles consistently, irrespective of political affiliations or desired outcomes. Drawing on examples from case law involving free speech, federalism, and equal protection, the authors advocate for what they term a “Golden Rule” approach to constitutional interpretation: legal standards should be applied evenly, even when doing so produces results that conflict with one’s own political or ideological preferences. While recognizing the inherent challenges in suppressing partisan impulses, Amar and Brownstein emphasize that fidelity to this rule is essential for maintaining the legitimacy and integrity of constitutional adjudication
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The legislative branch of the United States government (embodied in Congress, which consists of the House of Representatives and the Senate) is the cornerstone of the federal lawmaking process and a central pillar of the constitutional system of checks and balances. Through its exclusive powers to enact laws, oversee the executive branch, and shape national policy, Congress functions within a broader framework of shared authority known as the separation of powers.

In this posting, we explore key questions surrounding the legislative process, followed by overviews of congressional powers beyond lawmaking, the practical operation of separation of powers, and the exercise of war powers in a divided government. Our goal is to provide material that will be useful to law and legislative librarians, the legal profession at large, and anyone whose work or civic responsibilities require engagement with these fundamental issues.

I. Lawmaking Authority

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In a timely and thought-provoking piece published in the Criminal Justice Magazine (Spring 2025), Richard Alan Ginkowski, a judge, and legal educator who has contributed to American Bar Association publications, urges legal professionals and advocates to take a closer look at an often-overlooked resource: their own state constitutions. His article, titled “Your State Has a Constitution. Why Not Use It?,” appears in the Spring 2025 issue of Criminal Justice Magazine, a publication of the ABA’s Criminal Justice Section.

Ginkowski’s analysis highlights how state constitutions, often richer in individual rights and more flexible than their federal counterpart, can serve as powerful tools in advancing criminal justice reform, protecting civil liberties, and shaping legal strategy. By drawing attention to recent judicial decisions and emerging advocacy trends, the article reminds practitioners that when federal remedies fall short, state constitutional claims may offer a compelling alternative.

This article is essential reading for anyone involved in litigation, policymaking, or public interest advocacy, offering a fresh perspective on how to reinvigorate the use of state-level constitutional law in the pursuit of justice.

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Introduction

The post referenced below is an adapted excerpt from “The ‘Seizure of Power’ 2025: An Historical Reflection,” authored by Professor Matthew W. Finkin, Research Professor of Law at the University of Illinois at Urbana-Champaign. Originally delivered as a comprehensive lecture at Mander Hall in London on March 18, 2025, this version has been condensed and selectively edited for publication by Justia Verdict, where it appeared on June 5, 2025 .

In this incisive analysis, Professor Finkin draws a compelling historical parallel between actions undertaken by President Trump in 2025 and the early methods of consolidation used by the National Socialist regime in 1933. He examines significant developments such as the purging of civil servants, the creation of loyalty-driven structures like the Office of Government Efficiency (DOGE), and mounting judicial and institutional threats to underscore the risks surrounding democratic erosion in what he terms a possible “seizure of power.”

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In his June 4, 2025 article for The Washington Post, technology columnist Geoffrey A. Fowler explores the capabilities of leading AI chatbots in comprehending and summarizing complex texts. Titled “5 AI bots took our tough reading test. One was smartest , and it wasn’t ChatGPT,” the piece details a comprehensive evaluation of five AI tools: ChatGPT, Claude, Copilot, Meta AI, and Gemini across diverse domains including literature, law, health science, and politics. Fowler’s investigation reveals that while some AI responses were impressively insightful, others were notably flawed, highlighting the varying degrees of reliability among these tools. Notably, Claude emerged as the top performer, demonstrating consistent accuracy and depth of understanding across the tested subjects.css.washingtonpost.com+1washingtonpost.com+1

You can read the full article here: washingtonpost.com

Additional Information:

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In an era where artificial intelligence is reshaping the legal landscape, understanding its practical applications becomes essential for modern practitioners. Carolyn Elefant, a seasoned attorney and founder of MyShingle.com, offers a compelling firsthand account of this evolution. In her timely article, “My Experience Comparing Lexis and ChatGPT Deep Research,” published on May 20, 2025, Elefant delves into a real world comparison between traditional legal research tools and emerging AI driven solutions. Her insights shed light on the efficiencies and challenges presented by these technologies, providing valuable perspectives for legal professionals navigating this transformative period.

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My Experience Comparing Lexis and ChatGPT Deep Research

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