Legal Profession

May 10, 2026

Why Kurt Godel’s Warning Should Matter Today

I have chosen to write about this remarkably rich topic because it sits at the intersection of constitutional law, political theory, logic, and history, precisely the kind of issue that invites thoughtful discussion among lawyers, judges, scholars, and legal information professionals.

Although Kurt Gödel never publicly explained the precise “proof” he believed he had discovered, scholars, constitutional theorists, historians, and legal commentators have spent decades trying to reconstruct what he meant when he warned that the U.S. Constitution could legally evolve into a dictatorship.

The story itself is well documented. While preparing for his U.S. citizenship examination in 1947, Gödel intensely studied American constitutional law. According to his friend Oskar Morgenstern, Gödel became alarmed after concluding that there was an “inner contradiction” in the Constitution that could permit a democratic republic to transform legally into an authoritarian regime.

May 6, 2026

From Bucket List to Agentic AI: Inside the April/May Issue of Experience Magazine

by David Badertscher

OVERVIEW:

The April/May 2026 issue of the American Bar Association Senior Lawyers Division’s Experience Magazine (Volume 36, Issue 3) centers on a unifying and reflective theme: the meaning of the “bucket list” at different stages of life and professional maturity. The issue combines personal essays, reflections on retirement and reinvention, practical professional guidance, and a timely discussion of artificial intelligence in legal practice.

A major theme running throughout the issue is that fulfillment in later life is not necessarily tied to grand adventures or dramatic achievements, but often to purpose, service, mentoring, and appreciation for experiences already gained. Several contributors challenge the traditional notion of a “bucket list” as merely a checklist of destinations or accomplishments. Instead, they encourage readers—particularly senior lawyers—to think about meaning, contribution, relationships, and continued intellectual engagement.

May 5, 2026

Interpretability and Retrieval Augmented Generation (RAG): How They are Reshaping AI Legal Research

by David Badertscher

Artificial intelligence is now woven into the daily fabric of legal work. From case law research to contract analysis and compliance monitoring, AI systems are accelerating tasks that once required hours of manual review. But as these tools become more capable, the legal profession faces a central challenge: How can lawyers trust AI in high‑stakes environments where accuracy, transparency, and defensibility are non‑negotiable?

Two concepts have emerged as foundational to answering that question: interpretability and retrieval-augmented generation (RAG). While distinct, they work together to create AI systems that are transparent, grounded in evidence, and aligned with professional legal standards. Although both have existed for some time, their integration into legal research remains in its infancy, and there is much to learn. This post explores how these systems are reshaping AI legal research based on a review of current industry sources.

Understanding Interpretability in Legal AI

April 14, 2026

Selected Law.com Alerts, April 9-14, 2026

by David Badertscher

This new series on the Criminal Law Library Blog, Selected Law.com Alerts, curates and organizes notable legal developments drawn from Law.com’s daily alerts, with each post identified by date (e.g., Selected Law.com Alerts, April 14, 2026) and structured by topic for ease of reference. These entries are intended to highlight key issues, trends, and cases of interest to readers. Please note that while summaries and references are provided, access to the full text of articles cited from Law.com requires an active subscription to that service.

ARTIFICAL INTELLIGENCE

NEW JERSEY

April 2, 2026

Fostering Stability in Aging Iniative

by David Badertscher

The “Fostering Stability in Aging” initiative, led by the ABA Commission on Law and Aging and the Commission on Homelessness and Poverty, is a specialized resource hub and advocacy effort. It aims to prevent homelessness and poverty among older adults by supporting legal professionals with research and tools to enhance access to housing, healthcare, and services….Across the country, older adults are the fastest-growing population facing housing instability and homelessness. Rising housing costs, fixed incomes, health challenges, caregiving burdens and increasing vulnerability to fraud are converging to create a crisis that is both urgent and, too often, unseen.

The American Bar Association Senior Lawyers Division (SLD), in partnership with the ABA Commission on Law and Aging and the ABA Commission on Homelessness and Poverty, is stepping forward with a coordinated, national response:

The Fostering Stability in Aging Initiative is designed to mobilize the legal profession—particularly experienced lawyers – to deliver practical, measurable solutions. It will:

March 29, 2026

Why Lawyers (And Law Librarians) Should Care About Metaphysics

by David Badertscher

Metaphysics is often described as the branch of philosophy that asks the most fundamental question of all: what is real? It explores the nature of existence, identity, causation, and the structure of reality itself. While this may sound abstract, metaphysics is far from remote. In practice, it quietly shapes the assumptions underlying every legal system and every act of legal research.

From the time of Aristotle and Plato, metaphysics has served as the foundation of traditional philosophy. It provides the conceptual framework within which other fields, knowledge, reasoning, and ethics, operate. In law, that framework is not theoretical; it is embedded in doctrine, interpretation, and everyday practice.

Consider a few familiar legal questions:

March 25, 2026

Overview: ABA Legal Tech Newsletter (March 25, 2027)

by David Badertscher

The March 25, 2026 edition of the ABA Legal Tech Newsletter arrives at a pivotal moment for the legal profession, coinciding with the opening of ABA TECHSHOW 2026, the American Bar Association’s flagship legal technology conference. The newsletter reflects a profession that has moved decisively beyond experimentation with technology and into a phase of strategic integration, governance, and long-term transformation.

1. From AI Adoption to AI Maturity

A central theme is the profession’s rapid transition from initial adoption of artificial intelligence to operational mastery. Over the past year, AI has become embedded in daily legal workflows—impacting research, drafting, case management, and client service. The newsletter emphasizes that the key challenge is no longer whether to adopt AI, but how to manage it responsibly, including training, oversight, and measurable value.

March 24, 2026

ABA Criminal Justice Section: What’s New in March 2026

by David Badertscher

In this month’s Inside the Section, Chair Melba Pearson speaks with Maryam Ahranjani, editor of “Women in Criminal Law: A Practical Guide for Inclusive Thriving Workplaces.” The book was published this year and provides personal insights and research-based suggestions for creating better working environments for women criminal lawyers.

ALSO WATCH MELBA’S UPDATE AT THIS VIDEO

February 25, 2026

Overview of Two VERDICT Columns by Marci A. Hamilton on the Epstein Files*

by David Badertscher

Two recent opinion columns published on Justia Verdict – Legal Analysis and Commentary from Justia examine the legal, political, and moral implications of the continuing disclosures surrounding the Jeffrey Epstein investigations. Written by Professor Marci A. Hamilton of the University of Pennsylvania and founder of CHILD USA, the essays present a forceful argument that accountability for systemic abuse requires sustained legal pressure and public transparency. The views expressed are those of the author and do not represent the official position of Justia.

1. “The Three Avenues to Justice in the Epstein Cases” (Feb. 24, 2026)

In The Three Avenues to Justice in the Epstein Cases, Professor Hamilton argues that meaningful accountability is likely to emerge through three principal legal pathways rather than through federal prosecutorial initiative alone.

February 19, 2026

From Capability to Integration: A Lawyer’s View of AI’s Next Phase

by David Badertscher

A recent practitioner commentary offers a confident assessment of the current state of large language models (LLMs) in legal practice, arguing that the primary barriers to adoption are no longer questions of intelligence or reliability but rather issues of infrastructure and workflow integration. Writing from the perspective of a lawyer who uses advanced models daily, the author contends that modern systems have already reached a level of practical competence sufficient for much of routine legal work, and that the profession’s hesitation reflects outdated assumptions about hallucinations and model limitations.

Central to the argument is the claim that hallucinations, once the dominant concern surrounding generative AI, have largely receded as a meaningful obstacle. According to the author’s experience, newer models rarely produce fabricated information, and overall error rates compare favorably with those of competent junior associates. This view reflects a broader shift in perception: rather than treating LLMs as experimental tools requiring constant skepticism, the author frames them as increasingly dependable collaborators capable of supporting substantive legal tasks.

The post also challenges prevailing narratives about the intellectual difficulty of legal work. While acknowledging that certain cases demand deep expertise, the author suggests that the majority of legal tasks rely on skills such as careful reasoning, synthesis of precedent, structured writing, and research , areas where modern LLMs already excel. By reframing legal practice as process-driven rather than exclusively intellectually rarefied, the commentary positions AI as well aligned with the day-to-day realities of the profession.