#lawfedi — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #lawfedi, aggregated by home.social.
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RE: https://mastodon.social/@gutenberg_org/117257996650784977
THURGOOD MARSHALL is the best Supreme Court Justice of my lifetime and who Bush/Reagan, in their sociopathic malice, substituted with CLARENCE THOMAS
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The latest Lawyer Ex Machina is out: math + OpenAI = beef; CA's governor passes AI bills; Flock deploys drones as first responders; over 100 million driver's license data has been breached; and more #lawfedi #lawlibrarians #legaltech https://buttondown.com/LawyerExMachina/archive/math-problems/
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The latest Lawyer Ex Machina is out: math + OpenAI = beef; CA's governor passes AI bills; Flock deploys drones as first responders; over 100 million driver's license data has been breached; and more #lawfedi #lawlibrarians #legaltech https://buttondown.com/LawyerExMachina/archive/math-problems/
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The latest Lawyer Ex Machina is out: math + OpenAI = beef; CA's governor passes AI bills; Flock deploys drones as first responders; over 100 million driver's license data has been breached; and more #lawfedi #lawlibrarians #legaltech https://buttondown.com/LawyerExMachina/archive/math-problems/
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The latest Lawyer Ex Machina is out: math + OpenAI = beef; CA's governor passes AI bills; Flock deploys drones as first responders; over 100 million driver's license data has been breached; and more #lawfedi #lawlibrarians #legaltech https://buttondown.com/LawyerExMachina/archive/math-problems/
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The latest Lawyer Ex Machina is out: math + OpenAI = beef; CA's governor passes AI bills; Flock deploys drones as first responders; over 100 million driver's license data has been breached; and more #lawfedi #lawlibrarians #legaltech https://buttondown.com/LawyerExMachina/archive/math-problems/
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On 9/10, the First Circuit Court of Appeals ruled in League of Women Voters/California v. Trump, litigation over Trump regime’s effort to take over vote-from-home via USPS regulations. https://storage.courtlistener.com/recap/gov.uscourts.mad.305406/gov.uscourts.mad.305406.168.0.pdf
Because this litigation is confusing, quick recap on where things stand as of this thread. Federal District Court Judge Indira Talwani issued a preliminary injunction against Trump/USPS measures going into effect. 1/ #LawFedi
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On 9/10, the First Circuit Court of Appeals ruled in League of Women Voters/California v. Trump, litigation over Trump regime’s effort to take over vote-from-home via USPS regulations. https://storage.courtlistener.com/recap/gov.uscourts.mad.305406/gov.uscourts.mad.305406.168.0.pdf
Because this litigation is confusing, quick recap on where things stand as of this thread. Federal District Court Judge Indira Talwani issued a preliminary injunction against Trump/USPS measures going into effect. 1/ #LawFedi
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On 9/10, the First Circuit Court of Appeals ruled in League of Women Voters/California v. Trump, litigation over Trump regime’s effort to take over vote-from-home via USPS regulations. https://storage.courtlistener.com/recap/gov.uscourts.mad.305406/gov.uscourts.mad.305406.168.0.pdf
Because this litigation is confusing, quick recap on where things stand as of this thread. Federal District Court Judge Indira Talwani issued a preliminary injunction against Trump/USPS measures going into effect. 1/ #LawFedi
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On 9/10, the First Circuit Court of Appeals ruled in League of Women Voters/California v. Trump, litigation over Trump regime’s effort to take over vote-from-home via USPS regulations. https://storage.courtlistener.com/recap/gov.uscourts.mad.305406/gov.uscourts.mad.305406.168.0.pdf
Because this litigation is confusing, quick recap on where things stand as of this thread. Federal District Court Judge Indira Talwani issued a preliminary injunction against Trump/USPS measures going into effect. 1/ #LawFedi
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On 9/10, the First Circuit Court of Appeals ruled in League of Women Voters/California v. Trump, litigation over Trump regime’s effort to take over vote-from-home via USPS regulations. https://storage.courtlistener.com/recap/gov.uscourts.mad.305406/gov.uscourts.mad.305406.168.0.pdf
Because this litigation is confusing, quick recap on where things stand as of this thread. Federal District Court Judge Indira Talwani issued a preliminary injunction against Trump/USPS measures going into effect. 1/ #LawFedi
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RE: https://mastodon.social/@heidilifeldman/117239685041610009
Another amicus brief is from the whistleblower who disclosed to Congress how intentionally USPS is working to disenfranchise eligible, lawful voters. The brief is VERY detailed. Available at https://www.supremecourt.gov/DocketPDF/26/26A305/423445/20260908170416299_USPS%20Amicus%20FINAL.pdf.
Amicus briefs are submitted by parties recognized as “friends of the court,” that is, parties with particular interest and expertise in the matter. 1/ #LawFedi
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I’m reading some of the briefs that have been filed with the Roberts Court re the Trump regime’s effort to get the Roberts Six to stay Judge Talwani’s preliminary injunction prohibiting Trump and USPS from taking over vote-from-home in the 2026 election.
Yiddish has now entered the chat! Here’s a quote from an amicus brief submitted on behalf of the states. 1/ #LawFedi
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#LegalEthics Tidbit #StarTrekDay Edition: Can I prosecute a crime I witnessed?
A member of the Kronos bar was appointed to prosecute two Star Fleet officers for an alleged murder. The prosecutor was present when the victim died. He cross-examined one of the defendants based on his own personal knowledge of the victim’s death. Among other things, he accused the defendant of medical malpractice based on the fact that the ... (cont.)https://en.wikipedia.org/wiki/Star_Trek_VI:_The_Undiscovered_Country
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#LegalEthics Tidbit: Is “panic” a good excuse for #AI hallucinations?
An Assistant US Attorney (AUSA) in NC “submitted a brief containing fabricated quotations and misstatements of case holdings” that were hallucinated by #AI. The AUSA initially did not admit AI use, but claimed the “error was clerical in nature and resulted from the inadvertent filing of an unfinalized draft document.” At a later show cause hearing, the AUSA stated that ... (cont.)
https://storage.courtlistener.com/recap/gov.uscourts.nced.221403/gov.uscourts.nced.221403.131.0.pdf
#law #lawfedi -
In one of my 1782 cases, the D. Del. recently denied a motion to vacate when the documents were sought for use in prospective Italian patent infringement litigation. The courts will not allow "fishing," but when you have a basis to bring a foreign claim and you seek evidence needed to plead the case, Section 1782 can be a lifesaver.
#1782 #lawfedi
https://lettersblogatory.com/2026/09/07/case-of-the-day-in-re-biogen/
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#LegalEthics Tidbit: Can I partner with an ABS if my state doesn’t allow them?
An Alternative Business Structure (ABS) is essentially a law firm owned in part by non-lawyers, which is a no-no in most states but not in AZ. SC does not allow ABS structures, but an AZ ABS wanted to find a SC lawyer to take SC lawyer cases. The deal would be that the ABS finds the clients, then gets local counsel to do most, if not ... (cont.)https://www.scbar.org/for-lawyers/quicklinks/legal-resources/ethics-advisory-opinions/ethics-advisory-opinion-25-02/
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#LegalEthics Tidbit: Should I get sanctioned for #AI hallucinations if I clean up my own mess before anyone else has noticed?
A MS lawyer was ordered to show cause why he should not be sanctioned for hallucinated citations in a brief to a federal court. In response, the lawyer stated that he practices alone so his client, “acting in the capacity of paralegal,” drafted the brief, and the lawyer did not properly review the citations. The lawyer ... (cont.)https://storage.courtlistener.com/recap/gov.uscourts.alnd.198470/gov.uscourts.alnd.198470.36.0.pdf
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The latest Lawyer Ex Machina is out: Cities are fleeing Flock; NY bans classroom AI use for elementary and middle schoolers; and a Chilean lawyers breaks a court's electronic system by filing over 38,000 documents in 3 days (h/t to Damien Charlotin) #lawfedi #lawlibrarians #legaltech https://buttondown.com/LawyerExMachina/archive/de-flocking/
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#LegalEthics Tidbit: If I tell my client to lie to the court and she refuses, have I engaged in deceptive conduct?
A VA lawyer told his client their case would benefit from a continuance, so he advised her to feign an illness and lie to the court about it in order to get a continuance. The lawyer advised her also to lie to her doctor: “say ‘I’ve been pooping my butt off and I’ve been throwing up… and they’ll give you some nausea ... (cont.)
https://vsb.org/Site/Site/news/summary/20251223-ayers.aspx
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#LegalEthics Tidbit: How can I make my #AI hallucinations sanctions worse, without even using #AI again?
A FL lawyer submitted a cert. petition to the District Court of Appeal that “cited a non-existent case allegedly from this Court and cited other cases that do not support this proposition.” In response to an order to show cause the lawyer acknowledged that “his normal process is to have artificial intelligence (“AI”) software research ... (cont.)https://www.courtlistener.com/opinion/10945803/jmor-properties-llc-v-artist-alley-townhomes-llc/?type=o&type=o&q=JMOR+PROPERTIES%2C+LLC%2C+Petitioner%2C+v.+ARTIST+ALLEY+TOWNHOMES%2C+LLC%2C+SAM+KIRZNER%2C+and&order_by=score+desc&stat_Published=on
#law #lawfedi -
RE: https://mastodon.social/@heidilifeldman/117209346171417433
In the thread at the quoted post, I focused on the status of the litigation against Trump/USPS unconstitutionally taking over the process of ballots being mailed to voters who vote from home (e.g, voters who use absentee ballots or vote-by-mail ballots). Bottom line, Trump DoJ sure is acting like they know the Roberts Six will find a way to ok this on procedural grounds, leaving the merits of the case unaddressed.
But let’s suppose for a moment that this doesn’t happen. 1/ #LawFedi
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Ok, take a deep breath everyone. I’m going to try to explain what is going on in California v. Trump/League of Women Voters v. Trump, the combined cases being heard by Judge Indira Talwani in the Massachusetts District Court, challenging Trump and USPS efforts to take over vote-from-home and disrupt the general election. 1/ #LawFedi
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#LegalEthics Tidbit: Is #AI misuse driving up the nuisance (and settlement) value of cases?
A MS mother filed a pro se federal court complaint alleging that a school district failed to provide an education suited to the needs of her disabled child. She used “AI programs to generate an excessive number of overlong motions and thereby drive up the costs of defending this case for defendants … giving the appearance that she may be ... (cont.)
https://storage.courtlistener.com/recap/gov.uscourts.msnd.49798/gov.uscourts.msnd.49798.179.0.pdf
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#LegalEthics Tidbit: Should I save money by letting #AI assert my discovery objections for me?
In a workers’ compensation dispute in CA federal court between a worker and an insurance company, the insurance company submitted discovery objections and a privilege log, and the worker moved to compel further responses. The court observed that it “cannot overstate how gravely concerned it is by the rambling and often inapplicable objections ... (cont.)
https://storage.courtlistener.com/recap/gov.uscourts.cand.456545/gov.uscourts.cand.456545.31.0.pdf
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#LegalEthics Tidbit: Can I intimidate an adverse witness by invoking their immigration status?
Because we live in the worst timeline, the PA Bar received a spate of inquiries “related to attorneys questioning and invoking the immigration status of participants in legal proceedings.” The genesis of at least some of these inquires appears to have been an incident in 2025 when several defense attorneys threatened to report a ... (cont.)https://www.pabar.org/Members/catalogs/Ethics%20Opinions/Formal/F2026-200.pdf
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#LegalEthics Tidbit: Can I tell the jury my witnesses will be “trustworthy and reliable” before they even testify?
In an IN criminal case, the prosecutor’s opening statement ended with: “[T]hat's the case, folks, in a nutshell. Now, you're going to hear from the State's witnesses. You're going to find that they're trustworthy and reliable.” Defense counsel objected that this was improper vouching, but the court overruled the objection.... (cont.)
https://public.courts.in.gov/Decisions/api/Document/Opinion?Id=oWn7kvzhOnKATBSnN43t5HSXXc8GY_qNG_WN0TyGs5zd_IxE_bRL9PUW2OPkEgLu0
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#LegalEthics Tidbit: Do I still get sanctioned If #AI screws up my brief after I already did the legal research myself (I swear, I really did!)?
A CT lawyer “used LexisNexis to conduct the legal research necessary to draft his” appeal briefs, then “he verified the accuracy of the quotations and citations in the initial rough drafts using the Shepard's Citations Service on LexisNexis.” So far so good. But then he “copied and pasted those ... (cont.)https://appellateinquiry.jud.ct.gov/DocumentDisplayer.aspx?AppId=2&DocId=nlP%2fFpeQxOD1iTMftvdSPw%3d%3d
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FTC and 22 state attorneys general allege Amazon concealed unfair charges in its digital advertising auction pricing
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#LegalEthics Tidbit: Succession planning isn’t just for death and illness
The MT Supreme Court has adopted a new rule – Rule 34: Administrator Planning – to its Rules for Lawyer Disciplinary Enforcement. Rule 34 requires each lawyer in private practice to designate both an Interim Administrator, another attorney who can be appointed to protect client rights in case the lawyer suddenly can’t practice anymore; and a “Personhttps://juddocumentservice.mt.gov/getDocByCTrackId?DocId=577550
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#LegalEthics Tidbit: Is relying on #AI basically the same as relying on a junior associate for Rule 11 purposes?
Plaintiff’s counsel in a TN federal court litigation filed a document containing hallucinated quotations and misleading citations, which were generated by #AI. The Court assessed a Rule 11 sanction towards the “low end,” involving a public reprimand and a $1,500 fine, due to several mitigating factors (such as taking sole ... (cont.)https://storage.courtlistener.com/recap/gov.uscourts.tnmd.91557/gov.uscourts.tnmd.91557.330.0.pdf
#law #lawfedi -
Lawyer Ex Machina returns for the 2026-2027 academic year! Post mortems over OpenAI's agents hacking Hugging Face, a woman has her criminal contempt upheld for submitting deepfake evidence, a TikTok user goes off on a doctor who wore Meta smart glasses to a medical consult, and more #lawfedi #lawlibrarians #legaltech https://buttondown.com/LawyerExMachina/archive/welcome-class-of-2029/
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I just cited to the American Practical Navigator by Nathanial Bowditch in a Daubert Reply, and I feel like I’m building some solid maritime law geek credentials.
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There's a lot going on in the comments to Colorado's proposed regulations relating to the Automated Descison-Making Technology Act and Chatbot Safety Act.
#AI #consumerprotection #lawfedi
https://comments.coag.gov/s/colorado-automated-decision-making
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#LegalEthics Tidbit: Do I get credit from the court for sort-of halfway-almost verifying my #AI citations?
A CT lawyer submitted a brief with all real cases, but that also included erroneous pinpoint citations, fake case quotes and misrepresentations of the law. On a show cause order, he explained that he wrote the brief himself, then ran it through Claude, ChatGPT and Open Law “for suggestions on arguments and ... (cont.)https://storage.courtlistener.com/recap/gov.uscourts.ctd.169303/gov.uscourts.ctd.169303.43.0.pdf
#law #lawfedi -
#LegalEthics Tidbit: If trial counsel is mistakenly listed on the docket as appellate counsel, can he ignore the appellate court’s orders?
After his first appointed trial counsel withdrew, an IA criminal defendant filed what was liberally construed as a pro se appeal from a pretrial order. Later, successor trial counsel was appointed. Successor counsel was also acknowledged by the appellate court clerk as counsel for the pending ... (cont.)https://www.iowacourts.gov/iowa-courts/supreme-court/supreme-court-opinions/case/25-1787
#law #lawfedi -
Today, federal District Court Judge Indira Talwani issued a 14 day emergency stay on USPS preparing to implement or implementing its now final rule attempting to control how states mail out ballots to vote-from-home voters. https://storage.courtlistener.com/recap/gov.uscourts.mad.298449/gov.uscourts.mad.298449.218.0_1.pdf 1/ #LawFedi
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"After Turnitin bought the company in 2018, a new set of terms and conditions took effect: Now student papers go into Turnitin’s global database and the company maintains a perpetual, royalty-free license over all of them."
https://themarkup.org/artificial-intelligence/2025/06/26/ai-detector-california
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Federal employees, please see this advice from counsel.
#LawFedi
#FederalEmployees #GovJobs #ElonMusk #OPM #FederalWorker #KnowYourRights #GovernmentJobs #CivilService #EmploymentLaw #WorkplaceRights #FedLife #PublicService #JobSecurity #UnionStrong #MindfulWork -
US abortion rights supporters see victories despite major loss in Florida https://www.theguardian.com/us-news/2024/nov/05/florida-abortion-ballot-ban-measure-amendment
"abortion rights won in several other states, w Missouri voting to overturn the state’s near-total ban on abortion...Ballot measures in New York, Colorado & Maryland also passed,... In Nevada, a ballot measure to enshrine the battleground state’s abortion rights in the state constitution received its first nod of approval..."
Desperately looking for some positive news
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Kamala #Harris for president https://www.inquirer.com/opinion/editorials/a/endorsement-president-kamala-harris-democracy-20241025.html
"Voters face an easy but tectonic choice in the race for the White House.
Will they choose the prosecutor or the convict?
Will they choose the candidate who supports restoring Roe v. Wade or the man who bragged about overturning it?
Will they choose the candidate who upholds the peaceful transfer of power or the one who summoned a violent mob to attack the U.S. Capitol?"
This editorial cannot be posted often enough
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Italy passes anti-surrogacy law that effectively bars gay couples from becoming parents https://www.washingtonpost.com/world/2024/10/16/italy-surrogacy-ban-gay-parents/
Far right targeting of LGBTQ couples:
"Even backers concede that heterosexual couples may face few questions when returning to Italy with an infant...Who is to say that the woman in that couple didn’t deliver the baby while abroad? By contrast, an infant in the arms of same-sex parents—particularly two men—would amount to an obvious red flag." -
Women are not ‘community property,’ a Georgia judge strikes down 6 week abortion ban https://www.washingtonpost.com/opinions/2024/10/01/abortion-georgia-six-week-judge/
Love the bluntness: “It is not for a legislator, a judge, or a Commander from The Handmaid’s Tale to tell these women what to do with their bodies during this period when the fetus cannot survive outside the womb any more so than society could—or should—force them to serve as a human tissue bank or to give up a kidney for the benefit of another,”
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Women claim Texas hospitals denied them abortions for ectopic pregnancies https://www.washingtonpost.com/nation/2024/08/13/texas-ectopic-pregnancy-abortion/
This is what Christian Nationalism looks like.
#abortion #Texas #ChristianNationalism #law #lawfedi #lawprof
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Major slapdown of Fifth Circuit in #Netchoice cases:
"But it is necessary to say more about how the First Amendment relates to the laws’ content-moderation provisions, to ensure that the facial analysis proceeds on the right path in the courts below. That need is especially stark for the Fifth Circuit."
#law #lawFedi #lawProf #FirstAmendment #SCOTUS #SupremeCourt
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My final exam for conlaw I had a presidential immunity hypo.
Arguing from precedent, most students argued that to make the President absolutely immune from criminal prosecution would be to treat him like a king and that no American should be above the law.
#SCOTUS #SupremeCourt #immunity #law #lawFedi #lawprof #immunity #presidentialImmunity
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In other words, the Supreme Court's presidential immunity decision holds that whether Trump can be criminally prosecuted for his conduct while President depends on whether his actions are considered offical acts or unofficial acts.
#SCOTUS #SupremeCourt #law #lawFedi #lawprof #President #presidentialImmunity
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The Supreme Court's final decision for the term is on Presidential immunity
The Supreme Court's final decision for the term is on presidential immunity written by Roberts: https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf
Absolute immunity for official acts w/in his authority
Presumptive immunity for official acts
None for unofficial