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:
Protecting Those Who Safeguard the Rule of Law: A Call for Legislative Action
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.”
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.
My Shingle+9My Shingle+9My Shingle+9My Shingle+6My Shingle+6My Shingle+
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:
Legal Users Beware: Gen AI Models Can Be Less Secure Than Expected
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:
Lowenstein Sandler is facing a mounting challenge in litigation over its alleged role in the failure of a cannabis venture.
Opening Statement:
In a democracy founded on the rule of law, the independence of the legal profession is not merely a professional concern, it is a public necessity. Recent events involving unprecedented attempts to target a prominent law firm highlight the critical intersection between the role of lawyers and the constitutional limits on presidential power. Understanding this moment requires not only examining the specific facts but appreciating the broader principles at stake: free speech, access to counsel, and the preservation of democratic governance against executive overreach.
Introduction
“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, [ the ABA] 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” ABA Fights for the rule of law.
BAR ORGANIZATIONS’ STATEMENT IN SUPPORT OF THE RULE OF LAW.
There are clear choices facing our profession. We can choose to remain silent and allow these acts to continue or we can stand for the rule of law and the values we hold dear. We call upon the entire profession, including lawyers in private practice from Main Street to Wall Street, as well as those in corporations and who serve in elected positions, to speak out against intimidation.
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),
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:
Criminal Law Library Blog