Articles Posted in Publication Announcements and Reviews

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FROM THE AMERICAN BAR ASSOCIATION (ABA):

“The American Bar Association Standing Committee on Ethics and Professional Responsibility released a formal opinion on March 5, 2025, that provides clarification on when a lawyer may divulge information when they are a victim of a crime by a client or prospective client.

Formal Opinion 515 states that “a lawyer who is the victim of a crime by a client or prospective client may disclose information relating to the representation to the appropriate authority in order to seek an investigation and potential prosecution of the alleged offender or other services, remedy or redress. To the extent that the information would otherwise be subject to the lawyer’s duty of confidentiality under Model Rule of Professional Conduct 1.6, the information is subject to an implicit exception to the Rule.”

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FROM: Jenny S. Silbiger, AALL Vice President.

“I am so grateful to all of our members who make AALL an informed, educated, and wholehearted organization. I know we are not alone in the work that we do, as access to legal information impacts all aspects of the legal profession, and I am heartened to know that we are just one organization of many who are working diligently to make a positive difference in the world.”

STATEMENT:

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Learn more about CBO’s work and its processes in the below publication that is typically updated at the start of each Congress.

Publication Summary:

Lawmakers created the Congressional Budget Office to help the Congress play a stronger role in budget matters. CBO was established by the Congressional Budget Act of 1974 (the Budget Act) to provide objective, nonpartisan information to support the Congressional budget process and to help the Congress make effective budget and economic policy. The agency offers an alternative to the information provided by the Office of Management and Budget and other agencies in the executive branch.

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Chappell, James. The Golden Years, How Americans Invented and Resisted Old Age. Basic Books, 2024 (publication date November 19, 2024).

James Chappell’s The Golden Years provides a compelling and incisive examination of the history of aging in America from the 19th century’s radical yet unrealized visions for reparative pensions to the contemporary decline of collective policy frameworks supporting older adults. Chappell’s narrative is richly detailed and deeply thought-provoking, offering both a historical chronicle and a critique of the evolving relationship between aging, public policy, and societal expectations.

Chappell shines a light on the early idealistic efforts to repair lives disrupted by war and slavery in the post-Civil War era. These movements, though ambitious, were thwarted by political deadlock and systemic inequalities. The author paints a vivid picture of how old-age support became a prominent issue, yet remained mired in compromises that excluded many, particularly African Americans. The 1935 Social Security Act—a cornerstone of the New Deal—marked a turning point, but its benefits were initially restricted to industrial workers, leaving agricultural and domestic laborers, disproportionately Black, on the sidelines.

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About Jurimetrics Journal:

The Jurimetrics Journal is published quarterly  “Jurimetrics is the oldest and most widely circulated peer-reviewed journal in its field and is proud to be the official journal of the American Bar Association Science & Technology Law Section. Currently, the journal is housed at the Sandra Day O’Connor College of Law at Arizona State University (ASU Law) and cosponsored by ASU Law’s Center for Law, Science and Innovation (LSI). An LSI Center faculty fellow advises the Jurimetrics executive board and editorial staff. The journal provides scholars and researchers with a wealth of thoughtful articles. It is frequently cited in opinions of state and federal courts, legal treatises, textbooks, and scholarly articles in a wide range of other journals. These distinctions support Jurimetrics’ claim of being the premier peer-reviewed journal of law, science, and technology.”

From the Spring 2024 issue:

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Received 11-27-2024

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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:

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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:

Criminal Law Opinion Summaries

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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.”

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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.

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