Criminal Law Library BlogReceived 11-27-2024
Articles Posted in Publication Announcements and Reviews
David Badertscher Retired Law Librarian Honored at the 14th Annual FellowshipLIFE Foundation Gala
David Badertscher Honored at the 14th Annual FellowshipLIFE Foundation Gala
David Badertscher, a resident of Fellowship Village in Basking Ridge, New Jersey, and former resident of Westfield, and publisher of the Criminal Law Library Blog was honored at the 14th Annual FellowshipLIFE Foundation Gala. The event took place at the Heidrich Hotel in New Brunswick, where David was recognized with the following citation:
David Badertscher, Fellowship Village Gala Honoree Citation:
Opinion Summaries Published by Justia: Week Ending November 15, 2024
During the week ending November 15, 2024 we have received listings of 7 Government and Administrative Law Summaries, 9 Constitutional Law summaries, 21 Criminal Law Summaries, 1 Medical Malpractice Summary, and 1 Intellectual Property Summary. We plan is to continue posting opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated. To gain access to these case summaries, click on the corresponding links below:
Opinion Summaries Posted for Week Ending November 15, 2024:
Gitlow v. New York: From Radical Manifesto to Enduring Legal Legacy
The following is a discussion of the book Gitlow v. New York: Every Idea an Incitement. In his study, Marc Lendler opens up the world of American radicalism, traces the origin of the incorporation doctrine, which was addressed for the first time in this case, and the ebb and flow of Gitlow as a precedent through the Cold War and beyond. Gitlow v. New York: Every Idea an Incitement is a book for our time.
In 1919 American Communist Party member Benjamin Gitlow was arrested for distributing a “Left Wing Manifesto,” a publication inspired by the Russian Revolution. He was charged with violating New York’s Criminal Anarchy Law of 1902, which outlawed the advocacy of any doctrine advocating for the violent overthrow of government. Gitlow argued that the law violated his right to free speech, but he was still convicted. He appealed the decision; however, five years later the Supreme Court upheld his sentence by a vote of 7-2.
Throughout the legal proceedings, much attention was devoted to the “bad tendency” doctrine—the idea that speakers and writers were responsible for the probable effects of their words—which the Supreme Court explicitly endorsed in its decision. According to Justice Edward T. Sanford, “A state may punish utterances endangering the foundations of organized government and threatening its overthrow by unlawful means.”
The Digitalist Papers: Artifical Intelligence and Democracy in America, An Overview
Following the introduction of Chat GPT3.5 to the public on November 30, 2022, there have been growing concerns about how the emerging AI revolution can be utilized to reimagine and , if necessary, reinvent new technologies capable of preserving our democracy– as we enter another technological, economic, and political crossroads in our society. Sharing these concerns, I have been searching the literature hoping to discover institutionally backed efforts dedicated to addressing them. Recently, I learned about the publishing by the Stanford Digital Lab of The Digital Papers: Artificial Intelligence in America, Volume 1 of a projected ongoing series. Learning of this publication, I immediately went to Amazon and ordered my own copy. The following is my Overview of this first volume:
In the late 18th century, the Federalist Papers emerged as a groundbreaking series of essays advocating for the ratification of the U.S. Constitution. Alexander Hamilton, James Madison, and John Jay—under the pseudonym “Publius”—articulated a vision for governance that reflected the challenges of their time: an unstable political landscape, shifting economic forces, and burgeoning democratic ideals. Fast forward to the 21st century, the world again finds itself at the intersection of disruptive change where the political, economic, and technological forces at play call for a similar intellectual effort to chart a way forward.
The Digitalist Papers: Artificial Intelligence and Democracy in America takes inspiration from the spirit of the Federalist Papers, yet it aims to address an even more complex landscape. The technological revolution now driven by artificial intelligence (AI) offers immense potential to reshape every aspect of human life—from how we communicate to how we govern ourselves. As Hamilton, Madison, and Jay once grappled with how to mold governance to fit the emerging United States, today’s thought leaders must confront the challenge of integrating AI into existing democratic institutions. This is the goal of the Digitalist Papers series: to explore the possibilities of AI’s impact on democracy and to consider how governance structures must evolve to preserve and enhance democratic values in this era of unprecedented technological change.
Book Launch: Disinformation, Misinformation and Democracy
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Bill Gates Memoir Coming Out Next February
FROM BILL GATES:
I’m excited to announce my new book, Source Code, which will be published next February. It’s a memoir about my early years, from childhood through my decision to leave college and start Microsoft with Paul Allen. I write about the relationships, lessons, and experiences that laid the foundation for everything in my life that followed.
I’ve been in the public eye since my early twenties, but much of my life before then isn’t well known. Over the years, I’ve often been asked about my upbringing, my time at Harvard, and co-founding the company. Those questions made me realize that people might be interested in my journey and the factors that influenced it.
Ethical Standards for Election Administration: A Report from the American Law Institute (ALI)
Election administrators and their staff, spread throughout thousands of voting jurisdictions in the United States, perform a core service dedicated to maintaining and preserving our democracy. Their work has become significantly more difficult, as our contentious politics have clouded much of what they do with misunderstanding and distrust. These challenges have made clear that election administrators may, and typically do, lack the full range of resources they need.
As election officials gain both increasing public visibility and scrutiny, it has become increasingly obvious that the time has come for identifying the ethical standards unique to the election administrator profession. It is essential to identify national standards for election officials that provide guidance in the administration of voting throughout the United States. It is therefore encouraging to learn that the American Law Institute (ALI) has provided a forum, released to the public on January 29, 2024, for a working group developing such standards, resulting in a report Ethical Standards for Election Administration
The report sets out seven principles, discussed in detail, along with the basis for each. It is the hope of the working group that these principles provide the professional election administration community with a common vocabulary for communicating the moral underpinning of their work; assist in the training of the next generation of officials; and help guide officials in carrying out their responsibilities when the law does not supply the answer and public scrutiny is keenest. These principles also supply the grounds for specific standards of conduct that reflect these principles and put them into practical effect.
Testimony on the Congressional Budget Office Request for Appropriations for Fiscal Year 2025 – Updated
On April 10, 2024, CBO’s Director, Phillip Swagel, testified before the House Appropriations Committee’s Subcommittee on the Legislative Branch regarding the Congressional Budget Office’s request for appropriations for fiscal year 2025. This posting includes a summary of the Director’s testimony followed by a link to his complete testimony and links to supporting documents.
CBO SUMMARY:
Chairman Amodei, Ranking Member Espaillat, and Members of the Subcommittee, thank you for the opportunity to present the Congressional Budget Office’s budget request. CBO requests appropriations of $73.5 million for fiscal year 2025: About 89 percent would be for pay and benefits; 7 percent would be for information technology (IT); and 4 percent would be for training, expert consultant services, office supplies, and other items. The request amounts to an increase of $3.5 million, or 5 percent, from the $70 million that CBO received for 2024. That increase would address increased costs brought about by inflation, sustain investments in IT infrastructure, and enable CBO to expand its staff in key areas.
American Criminal Law: A captivating Journey Through Justice–A Review
Thinking back on my fifty plus years as a practicing law librarian, I have come to believe that criminal law is one of the more humanistic of legal disciplines because it can reach people at such a personal level. Paul H Robinson* and Sarah M Robinson capture this thought in their book, “American Criminal Law: Its People, Principles, and Evolution” (Routledge 2022). It offers a refreshing take on this complex subject.
This book breaks away from dry legal jargon and instead weaves a compelling narrative that explores the history, core concepts, and ongoing debates within American criminal law. The authors write, “Criminal law is one of the most interesting perspectives on the human adventure,… it requires us to examine how we want people to act, what we will do when they act improperly, and how we decide what we can reasonably expect of people. And to do this, we must assess what makes a successful society, what citizen protections and obligations a society should enforce, as well as the principles of justice that the community shares.”
The authors’ strength lies in their engaging, approach. Each chapter delves into a specific principle, like legality or culpability, by presenting a historical case that illuminates its foundation. This is then contrasted with a modern case, highlighting the evolution of the concept. This back- and- forth through time keeps the reader engaged and demonstrates how the law adapts to societal changes.