Articles Posted in Legal News and Views

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

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.

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”

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:

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:

New Jersey Supreme Court OKs State Authority Over Paterson Police Department

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.

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:

Trump Picks Jennifer Mascott, of the White House Counsel’s Office, for 3rd Circuit Vacancy

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:

ADP Claims Former Employee Took Client Information, Proprietary Data to Competitor

“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

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.

Contact Information