Legal News and Views

December 22, 2023

Judge Scott U. Schlegel: A Call for Education Over Regulation (Artificial Intelligence)

Judge Scott U. Schlegel of the Fifth Circuit Court of the State of Louisiana currently serves as Chair of the Louisiana Supreme Court Technology Commission, and is recognized as a pioneer in using technology in the Louisiana State Courts. He has managed what is considered by many to be one of the most advanced technology courts in the nation in terms of delivering online justice.

According to the Fifth Circuit Court Of Appeals of the State of Louisiana website, “he is the Immediate Past President of the Louisiana District Judges Association (LDJA) and serves on many other committees. Judge Schlegel has received numerous awards including the National Center for State Courts’ 26th Annual William H. Rehnquist Award for Judicial Excellence, one of the highest judicial honors in the country. Judge Schlegel was also featured on the cover of the American Bar Association Journal and is a nationally recognized speaker on legal tech and the modernization of the justice system including matters related to artificial intelligence and the law,”

Judge Schlegel has also been appointed as a member of the Advisory Council of the ABA Taskforce on Law and Artificial Intelligence in recognition of his efforts to understand and communicate the important issues and challenges related law and artificial intelligence. On November 28,2023, Judge Schlegel wrote the following open letter which we think is an important addition to this discourse and needs to be distributed widely. Therefore we are reproducing Judge Schlegel’s letter, titled A Call for Education Over Regulation An Open Letter in full and hope you will find it helpful:

October 23, 2023

American Bar Association and AI

by David Badertscher

In a previous posting on this blog, Reflections of a Retired Law Librarian: From Mimeograph to Generative AI, I urged professional organizations, including the American Bar Association (ABA) and the American Association of Law Libraries (AALL), to appoint committees or commissions at the highest level to facilitate the development and implementation of standards sufficient to address the real ethical and safety concerns related to the increasingly rapid adaption of AI, including Generative AI, as a technology of choice in the workplace.

It is gratifying to learn from recent announcements from the American Bar Association that it has already been taking steps to address the legal challenges of Ai faced by the legal community. As Mary L. Smith, President of the American Bar Association, has said: “As a national voice for the legal profession, the ABA must play a leadership role in helping to identify for the legal community the benefits and risks of continually changing AI and machine learning systems and capabilities.”

Measures already taken by ABA include Resolution 112 adopted in August, 2019, Resolution 604 adopted in February, 2023, various articles and podcasts published by its various Sections, including the ABA Business Law Section and the Sci Tech Lawyer published by the ABA Science and Technology Section.

September 15, 2023

Constitutional Policing: Book Launch Event

by David Badertscher

Constitutional Policing: Striving for a More Perfect Union. Michael A. Hardy Editor

Event sponsored by the American Bar Association Legal Education Police Practices Consortium and the ABA State and Local Government Section.

Time and Date: October 4, 2023, 1:00 PM EST.

September 5, 2023

The Potential for Using Generative AI to Help Regulate Criminal Behavior

by David Badertscher

Generative AI is a type of artificial intelligence technology that can produce various types of content, including text, imagery, audio and information that is artificially manufactured. The recent interest in generative AI has been driven by the simplicity of new user interfaces for creating high-quality content, including text, graphics and videos in a matter of seconds.

Generative AI has the potential to be used in various ways to help regulate criminal behavior, although it’s important to note that these applications can be controversial and raise ethical concerns. Here are some ways in which generative AI could potentially contribute to regulating criminal behavior:

Predictive Policing: Generative AI algorithms could analyze large sets of historical crime data to identify patterns and predict potential criminal hotspots. This could help law enforcement agencies allocate resources more effectively and proactively deter criminal behavior.

July 27, 2023

CBO Blog Post: A Call for New Research In the Area of Taxes and Transfers

by David Badertscher

Originally posted by John McClellan et. al. on July 25, 2023.

As part of the legislative process, the Congressional Budget Office* supplies the Congress with cost estimates for legislation, economic and budget projections, and other economic assessments. Information from the research community is an important element of CBO’s analyses. This is the seventh in a series of blog posts discussing research that would enhance the quality of the information that CBO uses in its work. (Earlier posts in the series discussed the need for new research in the areas of energy and the environment, finance, health, labor, macroeconomics, and national security.) Please send comments to communications@cbo.gov. Since this CBO blog post is believed to contain information of general interest it is being reproduced here, in full, as an information service.

CBO regularly provides the Congress with information about the ways that the government’s tax and transfer system affects the distribution of household income (for example, CBO 2022). That analysis is built on the models and data underlying the agency’s baseline projections of revenues and spending (CBO 2023). CBO is on the lookout for new research that would enhance its analysis of taxes and transfers, including research related to distributional analysis and projections of revenues from business income. The agency is currently working on those topics, and there are significant gaps in the relevant research literature.

July 25, 2023

CB0 Blog Posting: Call For New Research in the Area of National Security

by David Badertscher

Original Posting by David Mosher et.al. on July 24, 2023*

As part of the legislative process, the Congressional Budget Office supplies the Congress with cost estimates for legislation, economic and budget projections, and other economic assessments. Information from the research community is an important element of CBO’s analyses. This is the sixth in a series of blog posts discussing research that would enhance the quality of the information that CBO uses in its work. (Earlier posts in the series discussed the need for new research in the areas of energy and the environment, finance, health, labor, and macroeconomics.) Please send comments to communications@cbo.gov.

The Department of Defense (DoD) received about $850 billion in funding in 2023. With those funds, DoD hires personnel (members of the military and civilian employees) and purchases a variety of goods and services from private-sector companies. Some of the purchased goods, such as aircraft carriers, fighter jets, and nuclear submarines, are highly complex weapon systems. CBO is on the lookout for new research on various topics related to DoD’s personnel and weapon systems, including the implications of the military’s use of in-kind compensation and the causes of, and future trends in, sector-specific inflation. CBO is currently working on those topics, and there are significant gaps in the relevant research literature.

July 22, 2023

CBO Blog Posting: A Call for New Research in the Area of Macroeconomics

by David Badertscher

Original posting by Richard DeKaser on the CBO Blog, July 21,2023.*

As part of the legislative process, the Congressional Budget Office supplies the Congress with cost estimates for legislation, economic and budget projections, and other economic assessments. Information from the research community is an important element of CBO’s analyses. This is the fifth in a series of blog posts discussing research that would enhance the quality of the information that CBO uses in its work. (Earlier posts in the series discussed the need for new research in the areas of energy and the environment, finance, health, and labor. Please send comments to communications@cbo.gov.

CBO regularly prepares forecasts of key economic variables, including output, income, employment, inflation, and interest rates. The agency also evaluates the macroeconomic effects of proposed or enacted legislation. CBO is on the lookout for new research on various topics in the area of macroeconomics, including trends in productivity growth and interest rates on Treasury securities, as well as the effects of fiscal policy on a broad range of economic variables. The agency is currently working on those topics, and there are significant gaps in the relevant research literature.

May 7, 2023

REFLECTIONS OF A RETIRED LAW LIBRARIAN: From Mimeograph to Generative AI

by David Badertscher

Being a retired law librarian of a certain age, I am now often asked to reflect upon my 50 years serving in various capacities as a law librarian. I have noticed that most questions asked can be grouped into discrete categories. For example, people want to know what lessons I have learned along the way as a law librarian, what I found most rewarding being a law librarian, what changes in law librarianship I have observed since I started approximately 50 years ago, and who have been my mentors or people who have greatly influenced me along the way. In this posting, I offer responses to these questions based on my current views.

What are some of the lessons you have learned as a professional in your field and in life?

I have come to appreciate the importance of understanding that change as it relates to all aspects of work and life is constant. And in order to be truly successful and to avoid stagnation, we must learn to become highly adaptable and flexible. Of utmost importance is the need to maintain enduring and useful connections with others.

July 16, 2022

Tributes to Retired U.S. Supreme Justice Stephen G. Breyer

by David Badertscher

Upon his retirement from the U.S. Supreme Court on June 30, 2022. Justice Breyer will be receiving a number of awards including the following for his distinguished service while on the Court:

The American Bar Association (ABA) has announced that it will be honoring the Honorable Stephen G. Breyer its 2022 Medal, the Association’s highest honor at the ABA’s Annual Meeting in August 2022. The ABA announcement highlights Justice Breyer’s extraordinary career, his efforts to defend the rule of law, his commitment to judicial independence, and his long involvement with the Association. It also mentions that “[Breyer] has written more than 525 Opinions as a Supreme Court Justice…”.

Justice Breyer will also be receiving the 2022 Thomas Jefferson Medal in Law. This Award is sponsored jointly by the University of Virginia and the Thomas Jefferson Foundation. “Thomas Jefferson Foundation Medals are awarded each year to recognize the achievements of those who embrace endeavors in which Jefferson — author of the Declaration of Independence, third U.S. president and founder of the University of Virginia-excelled and held in high regard”.

November 19, 2010

White House: Middle Class Task Force – Equal Access to Justice

by David Badertscher

Richard Zorza has reminded us that the White House is conducting an event on access to Justice today with Vice President Biden as one of the featured speakers. The event started at 10:30AM. You should be able to listen in on the proceedings by clicking here. For those of us concerned with equal access to legal services, including legal information, this is an important event.