Category «Constitutional Law»

Trump’s Election Lawyers Must Heed Their Ethical Duties

Attorneys Stephen Marcus and Bruce Kuhlik discuss the ethical responsibilities of lawyers in the context of predicted attempts by Donald Trump and his allies to undermine the 2024 U.S. presidential election. The authors argue that lawyers considering advocating unsubstantiated claims of election fraud should learn from the disciplinary actions taken against Trump’s 2020 election lawyers, adhere to their ethical duties, and follow the example of those who refused to violate their obligations to their profession and the Constitution after the 2020 election despite significant pressure to do so.

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Subjects: Congress, Constitutional Law, Election Law, Legal Research, United States Law

Jan. 6 was an example of networked incitement

The shocking events of Jan. 6, 2021, signaled a major break from the nonviolent rallies that categorized most major protests over the past few decades. What set Jan. 6 apart was the president of the United States using his cellphone to direct an attack on the Capitol, and those who stormed the Capitol being wired and ready for insurrection. Joan Donovan and her co-authors, a media and disinformation scholar, call this networked incitement: influential figures inciting large-scale political violence via social media. Networked incitement involves insurgents communicating across multiple platforms to command and coordinate mobilized social movements in the moment of action.

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Subjects: Communications, Congress, Constitutional Law, Criminal Law, Government Contracts, Leadership, Legal Research, Social Media, Terrorism, United States Law

The Tech at ‘Cop Con’: Cigarette Carton Trackers, VR for School Shootings, and ‘Peacekeeper Batons’

Ese Olumhense a reporter at The Markup gives us an overview of how the International Association of Chiefs of Police brings police leadership and tech vendors together at its annual conference, where clear trends about the future of law enforcement emerged.

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Subjects: AI, Civil Liberties, Constitutional Law, Criminal Law, Data Mining, Human Rights, Legal Research, Privacy

How AI could take over elections and undermine democracy

Archon Fung, Professor of Citizenship and Self-Government, Harvard Kennedy School, and Lawrence Lessig, Professor of Law and Leadership, Harvard University, pose the question: “Could organizations use artificial intelligence language models such as ChatGPT to induce voters to behave in specific ways? Sen. Josh Hawley asked OpenAI CEO Sam Altman this question in a May 16, 2023, U.S. Senate hearing on artificial intelligence. Altman replied that he was indeed concerned that some people might use language models to manipulate, persuade and engage in one-on-one interactions with voters. Altman did not elaborate, but he might have had something like this scenario in mind. Imagine that soon, political technologists develop a machine called Clogger – a political campaign in a black box. Clogger relentlessly pursues just one objective: to maximize the chances that its candidate – the campaign that buys the services of Clogger Inc. – prevails in an election. While platforms like Facebook, Twitter and YouTube use forms of AI to get users to spend more time on their sites, Clogger’s AI would have a different objective: to change people’s voting behavior.

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Subjects: AI, Communications Law, Congress, Constitutional Law, KM, Legal Research, Social Media

Whistleblowers Are the Conscience of Society, Yet Suffer Gravely For Trying to Hold the Rich and Powerful Accountable For Their Sins

Lawyer, activist, author, and whistleblower Ashley Gjovik states: “I blew the whistle and was met with an experience so destructive that I did not have the words to describe what happened to me. I set out to learn if what happened to me is a known phenomenon and, if so, whether there are language and concepts to explain the experience. I found it is well studied. This article focuses on experiences like mine, where a still-employed whistleblower takes disclosures of systemic issues public due to inaction or cover-ups by the institution. This article does not intend to discount the other varieties of whistleblower experiences; instead, it seeks to explain, expose and validate the turmoil many whistleblowers in similar positions are often forced to endure alone.” Gjovik’s article is an extensively researched and documented history of major whistleblower cases in the United Stated, across sectors and decades.

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Subjects: Civil Liberties, Constitutional Law, Criminal Law, Legal Research

Jan. 6 committee tackled unprecedented attack with time-tested inquiry

Claire Leavitt, Assistant Professor of Government, Smith College, presents an overview of the broad investigative powers of the Congress from the 1920s to the present. The latest investigation may be its most consequential to date. After 18 months, more than 1,200 interviews and 10 public hearings that presented 70 witnesses’ testimony, the House Select Committee to Investigate the January 6 Attack released its 845-page final report late on Dec. 22, 2022. The report recommended that the Department of Justice prosecute former President Donald Trump on four criminal charges, including conspiracy and incitement of insurrection. The committee’s recommendation to prosecute a former president was unprecedented. But its investigation of the events of Jan. 6, 2021 fell squarely within Congress’ power, and added a new chapter to a centuries-long history of congressional investigations into government scandals and failures.

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Subjects: Congress, Constitutional Law, Criminal Law, Election Law, Government Resources, Legal Research

No, an indictment wouldn’t end Trump’s run for the presidency – he could even campaign or serve from a jail cell

Donald Trump announced his 2024 run for the presidency on Nov. 15. In his address he railed against what he perceived as the “persecution” of himself and his family, but made scant mention of his legal woes. Confirmation of Trump’s White House bid comes at a curious time – a week after a lackluster Republican midterm performance that many blamed on him. Moreover, it comes as the former president faces multiple criminal investigations over everything from his handling of classified documents, to allegations of falsifying the value of New York properties. There is also the not-so-small matter of a Justice Department investigation into the Jan. 6 storming of the Capitol. The announcement has led some to speculate that Trump may be hoping that becoming a presidential candidate will in some way shield him from prosecution. Stefanie Lindquist, Foundation Professor of Law and Political Science, Arizona State University, answers critical questions including: does an indictment – or even a felony conviction – prevent a presidential candidate from running or serving in office?

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Subjects: Constitutional Law, Criminal Law, Legal Research, United States Law

Policing Reimagined

The thesis of Albert Chang’s paper is the metaverse presents a unique opportunity for effective police reforms. Developers, data scientists, and legal sector experts working within the metaverse may be able to implement changes more efficiently than Congress as they are not subject to constitutional constraints. Chang advocates a position that the federal government should strongly consider the adoption of immersive technology to demonstrate that a more effective method of policing is possible. This paper is especially significant in light of the fact that last week Congress passed the CHIPS and Science Act which will bolster research with $290 billion in new funding.

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Subjects: Blockchain, Constitutional Law, Criminal Law, Cryptocurrencies, Education, Health, Human Rights, Legal Research, Social Media, Technology Trends, United States Law

13 Ways Overturning Roe v. Wade Affects You (even if you think it doesn’t)

Kathy Biehl is a lawyer licensed in two states, as well as a prolific multidisciplinary author and writer. Roe v. Wade has been settled law during her entire career. In this article Biehl succinctly and expertly identifies how the upcoming Supreme Court decision in Dobbs V. Jackson Women’s Health Organization, a draft of which was “leaked” on May 2, 2022, will impact many facets of our society as well as our democracy.

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Subjects: Congress, Constitutional Law, Ethics, Health, Human Rights, Legal Profession, Legal Research, Privacy
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