The YSL RICO Trial Is Finally Done With! – Above the Law

The
longest
criminal
trial
in
Georgia’s
history
has
finally
come
to
a
close.
Jeffrey
Williams,
known
to
most
as
Young
Thug,
made
a
non-negotiated
plea
in
his
RICO
case.
After
Williams’s
lawyers
and
the
goofballs
who
built
a
weak
case
on
rap
lyrics
and
several
hostile
witnesses
couldn’t
come
to
an
agreement
on
what
his
sentencing
should
be,
the
decision
was
given
to
Judge
Whitaker
to
decide.

NBC
News

has
coverage:

Whitaker
sentenced
him
to
40
years
that
would
have
forced
him
to
serve
five
years
in
prison,
but
she
commuted
it
to
time
served.
In
addition,
he
must
complete
15
years
of
probation,
which
can
result
in
20
years
to
be
served
in
custody
if
probation
is
not
successful.

She
put
several
restrictions
on
him,
including
barring
travel
in
metro
Atlanta
and
no
contact
with
affiliated
gang
members,
and
said
he
must
perform
community
service,
including
doing
presentations
to
community
groups
and
children
against
gang
violence.

There
are
a
couple
of
caveats
to
the
no
contact
rule

Thugger
can
still
keep
in
touch
with
his
brother
and
recording
artist
Gunna.
Thank
God
for
the
latter;
whatever
album
comes
after
this
extended
sham
of
a
trial
will
be
highly
anticipated.
It
will
also
be
highly
scrutinized.
Not
just
by
Love’s
office
hoping
that
they
can
get
a
second
bite
by
accusing
his
lyrics
of
having
gang
ties,
but
also
by
his
fans.
Jeffrey
is
a
versatile
musician,
but
it
is
unclear
how
drastically
the
content
of
his
art
will
have
to
change
to
keep
in
line
with
his
parole
conditions
and
his
promise
to
be
more
careful
with
the
content
he
puts
out
in
the
world.

There
is
a
lot
to
process
here. 
Fifteen
years
of
probation
is
a
hell
of
a
sword
over
your
head,
but
it
is
worlds
better
than
the

25
years
in
prison
and
20
years
of
probation
the
prosecution
wanted
.
But
bracketing
that
for
the
moment,

so

much
happened
over
the
last
two
and
a
half
years.
After
Jeffrey
sees
his
family
and
Brian
Steel
gets
his
flowers,
we’re
going
to
have
to
talk
about
all
of
the

stripper
chicken
,

mid-court
drug
deals
,
and

shitty
lyrical
hermeneutics

that
went
down
here.
It
was

so

bad.
At
one
point,
the
state

tried
to
pin
murderous
intent
on
Jeffrey
over
Nicki
Minaj’s
lyrics
!

Thankfully,
this
saga
is
over.
Keep
your
nose
clean,
Mr.
Thugger.
Just
don’t
wipe
it
in
public
for
the
next
15
years.


Earlier:


Desperate
For
Evidence,
Prosecutors
Will
Use
Young
Thug
Lyrics
In
Trial



Chris
Williams
became
a
social
media
manager
and
assistant
editor
for
Above
the
Law
in
June
2021.
Prior
to
joining
the
staff,
he
moonlighted
as
a
minor
Memelord™
in
the
Facebook
group Law
School
Memes
for
Edgy
T14s
.
 He
endured
Missouri
long
enough
to
graduate
from
Washington
University
in
St.
Louis
School
of
Law.
He
is
a
former
boatbuilder
who
cannot
swim, a
published
author
on
critical
race
theory,
philosophy,
and
humor
,
and
has
a
love
for
cycling
that
occasionally
annoys
his
peers.
You
can
reach
him
by
email
at [email protected] and
by
tweet
at @WritesForRent.

How Appealing Weekly Roundup – Above the Law

(Image
via
Getty)




Ed.
Note
:

A
weekly
roundup
of
just
a
few
items
from
Howard
Bashman’s

How
Appealing
blog
,
the
Web’s
first
blog
devoted
to
appellate
litigation.
Check
out
these
stories
and
more
at
How
Appealing.


“Friend
bought
you
a
ticket
to
the
big
game?
You
still
have
to
arbitrate,
says
US
appeals
court.”
 Alison
Frankel’s
“On
the
Case”
from
Reuters
has this
post
.


“Walmart
Lands
Supreme
Court
Litigator
as
Lead
Appellate
Counsel;
Charles
Dameron
recruited
after
six
years
in
private
practice;
Retail
giant
adds
former
Supreme
Court
lawyer
to
legal
team”:
 Brian
Baxter
of
Bloomberg
Law
has this
report
 (subscription
required
for
full
access).


“Abortion
Rights
Are
on
Every
Swing-State
Ballot
Come
Tuesday”:
 Law
professors David
S.
Cohen
Greer
Donley
,
and Rachel
Rebouche
 have this
Jurisprudence
essay
 online
at
Slate.


“‘You
should
expect
bones’:
How
chicken
wings
became
part
of
the
2024
Ohio
Supreme
Court
race;
Democratic
candidates
for
Ohio
Supreme
Court
are
citing
a
ruling
that
made
national
headlines
for
explaining
why
boneless
wings
can
have
bones.”
 Frank
W.
Lewis
of
Signal
Cleveland
has this
report
.


“Election
Lawsuits
Are
Piling
Up.
How
Worried
Should
You
Be?
Nearly
200
voting-related
cases
have
churned
ahead
this
year.
But
not
all
of
them
will
make
a
difference.”
 Law
professor Noah
Feldman
 has this
essay
 online
at
Bloomberg
Opinion.


“What
we
know
about
Trump,
Harris,
the
Supreme
Court
and
federal
judges;
Whoever
wins
the
White
House
in
November
will
face
a
closely
divided
Senate
and,
at
least
at
first,
relatively
few
judicial
vacancies”:
 Justin
Jouvenal
of
The
Washington
Post
has this
report
.

Vinson & Elkins Opens Its Doors In Denver, Hoping To Cash In On Corporate Clients – Above the Law

Houston-founded
firm
Vinson
&
Elkins
is
expanding
its
U.S.
footprint
by
opening
another
office,
this
time
in
the
Mountain
West
region
of
the
country.
The
firm

which
brought
in
$1,003,453,000
gross
revenue
in
2023,
putting
it
at
No.
54
on
the
Am
Law
100

is
welcoming
a
new
team
of
lawyers
in
Denver,
who
will
focus
on
M&A,
securities,
tax
equity,
and
project
finance
transactions.
Vinson
is
now
the

second
Texas-founded
Am
Law
100
firm

to
open
a
Denver
office.

The
firm’s
Denver
office
will
officially
open
its
doors
today,
with
partners

Sarah
Morgan
,

Mike
Joyce
,
and

Ramey
Layne

leading
the
way.
Morgan,
who
co-heads
Vinson’s
Capital
Markets
and
Mergers
&
Acquisitions
Practice
Group,
will
serve
as
the
new
office’s
managing
partner.

Denver
is
the
firm’s
thirteenth
office,
and
Morgan
offered
the
following

comments

to
mark
the
occasion:

“Denver
offers
a
central
U.S.
location
with
easy
access
to
both
coasts
and
Texas,
making
the
city
a
strategic
market
for
companies
with
national
and
international
business
operations,”
Morgan
said.
“The
city’s
thriving
business
ecosystem,
coupled
with
a
robust
legal
talent
pool,
presents
numerous
opportunities
for
us
to
expand
on
our
established
local
client
base
and
attract
top-flight
lawyers
to
the
firm.”

Joyce,
who
co-heads
the
firm’s
Energy
Transactions
and
Projects
Practice
Group,
said
that
the
firm’s
“core
strengths
representing
corporate
clients
in
complex
and
cutting-edge
transactions
mesh
perfectly
with
the
Denver
market,
which
is
a
hub
for
innovation
in
energy
and
other
industrial
sectors.”

The
firm
plans
to
hire
additional
partners
and
associates
in
the
new
Denver
office,
and
Layne,
a
member
of
the
firm’s
Capital
Markets
practice,
said
of
prospective
new
hires,
“We
look
forward
to
growing
our
office
and
attracting
local
lawyers
who
want
to
contribute
to
our
success
by
working
with
some
of
the
world’s
leading
clients
that
shape
industries
and
drive
international
business.”

Congratulations
to
Vinson
&
Elkins
on
its
new
office.
Best
wishes
for
continued
success!


Vinson
&
Elkins
to
Open
Denver
Office

[Vinson
&
Elkins]



Staci ZaretskyStaci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on

X/Twitter

and

Threads

or
connect
with
her
on

LinkedIn
.

4th Circuit Shoots Down ‘Unite The Right’ Protester’s Attempt To Turn The Consequences Of His Own Actions Into A Constitutional Violation – Above the Law

When
the
government
shuts
down
a
protest
because
both
protesters
and
counter-protesters
are
physically
attacking
each
other,
it’s
not
a
“heckler’s
veto.”
It’s
just
common
sense,
even
though
there
was
very
little
of
that
on
display
during
the
protest,
nor
during
law
enforcement’s
belated
response
to
the
violent
confrontation.

But
Warren
Balogh
thinks
only his rights
were violated
during
this
protest
in
Charlottesville,
Virginia
.
He
should
have
known
better.
After
all,
the
organizer
of
the
“Unite
the
Right”
protest,
Jason
Kessler,
already
tried
pursuing
this
novel
theory
in
court
after
cops
dispersed
everyone
in
attendance

protesters
and
counter-protesters

after
it
devolved
into
a
steady
series
of
physical
altercations
between
attendees.
And
he
lost.

The
same
goes
for
Balogh,
who
chose
to
represent
himself
in
this
civil
rights
lawsuit

one
that
claims
his
First
Amendment
rights
were
violated
when
the
Charlottesville
PD
ordered everyone to
disperse
following
several
violent
confrontations
(and
the
killing
of
a
counter-protester
by
a
white
nationalist
who
deliberately
drove
his
car
into
a
crowd).

The
Fourth
Circuit
doesn’t
see
anything
its
likes
in
Balogh’s
arguments,
which
mirror
Kessler’s
failed
attempt
to
claim
his
rights
were
violated
in
the
same
way
at
the
same
protest.
Here’s
the
only
place
Balogh
succeeds
where
Kessler
failed:
he
managed
to
secure
precedent
that
works
against
him.
From
the
opening
of
the
Fourth
Circuit
Appeals
Court decision [PDF]:


This
appeal
asks
a
straightforward
legal
question:
does
the
First
Amendment
protect
speech
amid
violence?
More
specifically,
does
the
First
Amendment
obligate
police
officers
to
protect
the
constitutional
rights
of
protesters
amid
violence?
We’ve
already
suggested
that
the
answer
is
no.
Kessler
v.
City
of
Charlottesville,
No.
20-1704,
2022
WL
17985704,
at
*1
(4th
Cir.
Dec.
29,
2022)
(per
curiam).
We
say
so
explicitly
today.

When
the
government
decides
it’s
not
going
to
target
anyone’s
speech
but
just
allow
citizens
to
(in
this
case, literally)
fight
it
out
until
it
can’t
ignore
the
violence
any
longer,
it’s
not
suppressing
speech.
It’s
suppressing
violence.
And
the
Fourth
isn’t
willing
to
pretend
the
ultimate
outcome
of
this
clash
between
far-right
extremists
and
Antifa
(which,
as
far-right
activists know but
will
never acknowledge,
refers
to
a
loose
association
of
people
with
an anti-fascist agenda)
violated
Balogh’s
rights,
no
matter
how
creative
his
legal
sales
pitch.


The
rally
erupted
into
violence
between
protesters
(including
Balogh)
and
counterprotesters,
effectively
cutting
off
everyone’s
speech
and
ultimately
leading
to
multiple
injuries,
widespread
property
damage,
and
one
death.
Despite
the
mayhem,
law
enforcement
followed
Chief
Thomas’s
directive
not
to
intervene
and
did
little
to
interrupt
the
participants’
“mutual
combat.”


Balogh
would
have
us
seize
on
these
facts
to
transform
the
First
Amendment
from
a
shield
to
guard
against
invasive
speech
regulations
into
a
sword
to
wield
against
violent
speech
disruptions.
We
decline
to
forge
such
a
weapon,
and
instead
affirm
the
district
court’s
judgment
dismissing
the
complaint.

Balogh
hoped
to
salvage
his
(nonexistent)
First
Amendment
case
by
dragging
along
the
Fourteenth
Amendment
for
the
ride.
But
the
Fourteenth
Amendment
deals
with
due
process
violations,
not
speech
suppression
or
even
retaliatory
arrests
prompted
by
an
individual’s
speech.
The
Fourteenth
has
nothing
to
do
with
this
at
all…
ever,
as
the
court
explains:


Neither
we
nor,
seemingly,
any
other
court
has
ever
applied
this
Fourteenth
Amendment
exception
to
a
First
Amendment
claim.
Moreover,
and
as
the
district
court
explained
in
Kessler,
“the
First
Amendment
merely
guarantees
that
the
state
will
not
suppress
one’s
speech
.
.
.
[,]
[i]t
does
not
guarantee
that
the
state
will
protect
individuals
when
private
parties
seek
to
suppress
it.”

Then
it
goes
after
the
heart
of
Balogh’s
comparatively
better-formed
First
Amendment
arguments,
leading
off
with
a
sentence
I
wished I’d written:


Balogh’s
second
argument
invoking
the
heckler’s
veto
has
more
legs,
but
ultimately,
none
to
stand
on.

Balogh
cites
case
covered
here
at
Techdirt
 in
hopes
of
talking
the
Fourth
Circuit
into
siding
with
him.
That
case
— Meinecke
v.
City
of
Seattle
 —
dealt
with
a
self-proclaimed
“street
preacher”
who
read
Bible
passages
while
attending
abortion
rallies
and
an
LGBTQ
pride
festival.
Attendees
of
these
events
verbally
and
physically
attacked
Matthew
Meinecke
in
response
to
his
Bible
reading.
Officers
policing
these
events
decided
to
shut
down
Meinecke’s
speech

first
by
ordering
him
to
leave
and
then
by
arresting
him
when
he
refused
to
do
so”

seemingly
because
they
thought
it
would
be
easier
to
silence
the
speech
than
handle
the
violence
directed
towards
Meinecke.
In
that
case,
the
government
sided
with
hecklers
and
allowed
its
veto
to
silence
Meinecke’s
speech.

But
that’s
not
what
happened
here.
In
this
case,
both
sets
of
protesters
violently
clashed
with each
other
.
And
when
the
PD
finally
got
permission
to
do
something
by
the
chief,
the
entire
thing
was
shut
down,
with
both
protesters
and
counter-protesters
being
removed
from
the
scene.
And
even
Balogh
admitted
the
“Unite
the
Right”
group
fully
expected
to
be
confronted
by
Antifa
counter-protesters
and
told
members
to
fight
back,
which
Balogh
himself
did.

And
that’s
why
Balogh
is
on
the
receiving
end
of
a
second
consecutive
ruling
against
him:
the
First
Amendment
doesn’t
protect
speakers
from
hostile
reactions from
other
citizens
 to
their
speech.
And
it
especially
doesn’t
protect
them
when
the
speakers
abandon
speaking
and
engage
in
violence
instead,
prompting
government
action
in
response
to
the violence,
rather
than
the
speech.


The
right
to
protest
is
a
core
First
Amendment
guarantee.
Nothing
about
our
decision
today
changes
that.
Rather,
we
reiterate
that
the
First
Amendment
protects
peaceful
protesters
from
a
state
seeking
to
suppress
their
speech.


But
this
isn’t
a
case
where
state
actors
silenced
Balogh’s
voice
while
permitting
lawlessness
from
a
hostile
public.
Nor
is
it
a
case
where
that
hostile
public
received
preferential
treatment
from
the
state.
Instead,
the
state
treated
all
speakers
equally
in
disbanding
a
violent
protest.

This
should
be
the
end
of
this.
Balogh,
though,
is
representing
himself,
so
it’s
clear
he
doesn’t
mind
spending
his
time
engaging
in
lost
causes.
But
even
if
he
decides
he
is
going
to
take
this
to
the
top
court
in
the
land,
there’s
almost
zero
chance
the
top
court
is
going
to
waste its time
engaging
with
this
garbage
litigation.
Balogh
went
looking
for
a
fight
and
got
it.
But
then
he
wanted
more.
He
wanted
the
government
to
pay
him
for
breaking
up
the
fight
he
provoked.
That’s
how
entitlement
works,
folks.
White
boys
with
chips
on
their
shoulders
think
the
world
owes
them
a
living
even
as
they
seek
to
deprive
others
of
the
things
that
actually
make
life
worth
living.

(Opinion
on
next
page…)


4th
Circuit
Shoots
Down
‘Unite
The
Right’
Protester’s
Attempt
To
Turn
The
Consequences
Of
His
Own
Actions
Into
A
Constitutional
Violation


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Banned
YouTube
Channels


Federal
Court
Finally
Sets
Some
Limits
On
Cell
Phone
Ping
Warrants


Data
Shows
‘Progressive’
Prosecution
Policies
Don’t
Lead
To
Higher
Crime
Rates

Morning Docket: 11.01.24 – Above the Law

(Photo
by
Chip
Somodevilla/Getty
Images)

*
For
you
civil
procedure
fans:
Florida
resident
sues
Delaware
corporation
doing
business
in
New
York
in..Northern
District
of
Texas

Amarillo
to
secure
a
1-in-1
chance
of
scoring
a
judge
loyal
to
the
plaintiff.
[

Reuters]

*
After
the
Supreme
Court
blessed
purging
voters
within
days
of
the
election,
Iowa
is
following
Virginia’s
suit.
[Courthouse
News
Service
]

*
YSL
trial
stayed
true
to
form
and
couldn’t
even
get
a
plea
deal
done
without
bizarre
and
unnecessary
drama.
[NPR]

*
Former
first
minister
of
Scotland
apologizing
for
calling
lawyer
a
“Tory
f*ckwit.”
Though,
unlike
American
conservatives
clutching
pearls
over
the
idea
that
one
of
their
comedians
was
called
garbage,
the
UK
lawyer
responded,
“No
offence
is
taken.”
[RollonFriday]

*
Profiling
the
lawyers
on
the
Harris
transition
team,
which
is
heavy
on
Biglaw.
[National
Law
Journal
]

*
CFPB
considering
action
against
Meta
over
financial
ads.
[Law360]

*
“Antitrust
Zeal
to
Morph
but
Won’t
Fade
Under
Next
President.”
In
that
Trump
may
use
it
to
punish
companies
he
doesn’t
like
and
Harris
will
openly
defy
her
most
vocal
deep
pocketed
donors?Not
so
sure
about
this,
but
here’s
hoping.
[Bloomberg
Law
News
]

Attention Legal Tech Startups: Applications Now Open for the 9th Annual Startup Alley and Pitch Competition at ABA TECHSHOW 2025

Ever
since

Startup
Alley
first
launched
 in
2017,
the
pitch
competition
has
helped
catapult
the
success
of
a
long
list
of
legal
technology
startups
and
become
a
seminal
event
of
the
American
Bar
Association’s
annual TECHSHOW.

I
am
thrilled
to
say
that
the
competition
is
returning
for
its
ninth
year,
and
applications
officially
open
today
for
legal
tech
startups
to
enter
to
compete
for
a
spot
at TECHSHOW
2025
,
which
takes
place
in
Chicago,
April
2-5,
2025.

Out
of
all
the
entries
received,
15
startups
will
be
selected
to
participate
in
a
live
pitch
competition
that
will
be
the
opening
event
of
this
year’s
TECHSHOW
on
the
evening
of
April
2,
2025.
In
addition
to
the
pitch
competition,
the
15
finalists
will
be
highlighted
as
exhibitors
in
a
special
Startup
Alley
section
of
the
conference
exhibit
hall.





Application
form
for
2025
ABA
TECHSHOW
Startup
Alley
.


Again
this
year,
I
will
be
coordinating
the
competition,
in
collaboration
with
the
TECHSHOW
planning
board.
Read
on
for
full
details.


How
Will
the
Startups
Be
Selected? 

The
application
period
for
the
competition
starts
today.
Startups
interested
in
participating
must


complete
this
application
form
Applications
must
be
received
by
11:59
p.m.
Pacific
Time
on
Friday,
Dec.
13,
2024
.

From
all
applications
received,
a
panel
of
five
judges
will
select
25
finalists.

On
Jan.
6,
2025,
descriptions
of
each
of
the
25
finalists
will
be
posted
on
the
ABA
TECHSHOW
blog,
on
this
blog,
and
on
Above
the
Law,
and
readers
will
be
invited
to
vote
for
their
favorites.
The
15
startups
that
receive
the
most
votes
will
be
selected
for
Startup
Alley.
Winners
will
be
announced
on
Feb.
11,
2025.


What
Are
the
Criteria
for
Applying?

The
competition
is
limited
to
startups
that
meet
the
following
criteria:

  • Your
    company
    has
    been
    in
    business
    fewer
    than
    five
    years.
  • Your
    product
    or
    service
    is
    targeted
    to
    lawyers
    or
    legal
    professionals,
    not
    to
    consumers.
  • Your
    company
    has
    achieved
    some
    demonstrable
    traction,
    either
    in
    users,
    revenue
    or
    financing.
  • You
    were
    not
    one
    of
    the
    Startup
    Alley
    finalists
    selected
    to
    present
    at
    Startup
    Alley
    in
    2017-2024.
    (Semifinalists
    who
    were
    not
    among
    the
    final
    15
    remain
    eligible
    to
    reapply.)

Most
importantly,
your
company
should
be
innovative,
meaning
that
it
addresses
a
need
not
met
by
other
products
or
services
currently
on
the
market
or
that
it
does
so
in
a
way
not
currently
done
by
others.


What
Happens
If
My
Company
Is
Selected?

The
15
winning
finalists
will
face
off
in
a
LIVE
pitch
competition
that
is
TECHSHOW’s
signature
opening
night
event.
Each
startup
will
have
2.5
minutes
to
present
its
pitch
in
front
of
an
audience
of
TECHSHOW
attendees.
At
the
conclusion
of
the
pitches,
attendees
will
vote
to
select
the
most
innovative
company
as
the
winner.

In
addition,
all
15
startups
will
be
provided
space
at
a
discounted
cost
to
exhibit
their
product
or
service
in
a
special
Startup
Alley
located
within
TECHSHOW’s
exhibit
hall.

  • Each
    startup
    will
    be
    provided
    space
    in
    a
    uniform,
    pre-installed
    booth.
    You
    will
    not
    need
    (or
    be
    allowed)
    to
    bring
    a
    booth
    of
    your
    own.
  • Each
    startup
    will
    be
    responsible
    for
    the
    booth
    fee
    of
    $1,500.
    This
    is
    a
    significant
    reduction
    off
    the
    standard
    booth
    cost.
    You
    are
    welcome
    to
    seek
    sponsors
    to
    underwrite
    all
    or
    part
    of
    this
    cost.
  • Each
    startup
    is
    responsible
    for
    its
    own
    travel
    and
    hotel
    expenses
    to
    Chicago.


What
Do
Startups
Get
Out
of
This? 

ABA
TECHSHOW
is
one
of
the
world’s
pre-eminent
legal
technology
conferences.
All
of
the
participants
gain
exposure
to
a
large
and
diverse
audience
of
legal
professionals,
including
practitioners,
academics,
consultants
and
others.
In
addition,
TECHSHOW’s
audience
includes
legal
journalists,
bloggers,
industry
analysts
and
investors.

The
winner
of
the
opening
night
pitch
competition
will
receive:

  • Free
    10×10
    booth
    space
    at
    the
    2026
    TECHSHOW.
  • Free
    12-month
    listing
    on
    the
    ABA
    Legal
    Technology
    Resource
    Center’s
    Buyer’s
    Guide.
  • $5,000
    credit
    to
    use
    towards
    advertising
    in
    ABA
    Law
    Practice
    Division
    media.
  • A
    profile
    of
    the
    company
    on
    my
    LawSites
    blog.

Additionally,
each
of
the
15
finalists
will
receive
a
free
one-year
premium
listing
in
the LawNext
Legal
Technology
Directory
.


Who
Are
the
Judges?

The
judges
this
year
who
will
select
the
final
25
contestants
are:

  • Julie
    Bays,
    TECHSHOW
    2025
    co-chair.
  • Steve
    Embry,
    TECHSHOW
    2025
    co-chair.
  • Heidi
    Barcus,
    TECHSHOW
    2025
    co-vice-chair.
  • Patrick
    Wright,
    TECHSHOW
    2025
    co-vice-chair.
  • Bob
    Ambrogi,
    Startup
    Alley
    organizer.


Apply
Now!

There
is
no
cost
to
apply
and
the
application
form
is
relatively
painless
to
complete.
We
look
forward
to
reading
your
submissions.

Questions?
Send
them
my
way:
ambrogi-at-gmail.com.

One Of The Scariest Federal Judges Says He Was ‘Traumatized’ By Horrifying Courthouse Halloween Exhibit – Above the Law

Judge
Jed
Rakoff
(Photo
by
The
Washington
Post
/
Getty
Images)



Ed.
note
:
Welcome
to
our
daily
feature,

Quote
of
the
Day
.


Since
Ed
has
to
deal
with
more
than
40
judges,
he
knows
what
monsters
are
really
like.




Judge

Jed
Rakoff

of
the
Southern
District
of
New
York,
in
comments
given
to
the

Wall
Street
Journal
,
concerning
the
“haunted”
office
of
District
Executive
Ed
Friedland,
which
is
now
showcasing
employee-made
exhibits
featuring
characters
from
scary
movies,
including
Frankenstein;
Ghostface
from
“Scream”;
Chucky
from
“Child’s
Play”;
Beetlejuice;
and
Art
the
Clown
from
“Terrifier.”
Rakoff,
who
turned
the
handle
on
a
gumball
machine
in
the
“Scream”
display,
received
a
spooky
prize:
a
sticker
of
himself
being
unmasked
as
Ghostface.
“I
don’t
know
if
I’ll
ever
be
as
traumatized
as
I
was
then,”
he
said.
A
panel
of
SDNY
judges
and
Second
Circuit
appellate
judges
will
choose
a
winning
exhibit
after
Halloween
is
over.
Click

here

to
see
some
of
the
incredibly
spooky
displays,
courtesy
of
the
New
York
Law
Journal.



Staci ZaretskyStaci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on

X/Twitter

and

Threads

or
connect
with
her
on

LinkedIn
.

New York City Bar Association Combats Misinformation This Election Season – Above the Law

(Image
via
Getty)

If
you
live
in
the
Empire
State,
you’ve
likely
seen
some
electioneering
materials
about
Prop
1.
…And
the
related
misinformation
about
it.
Prop
1
is
a
proposed
amendment
to
section
11
of
article
1
of
the
state
constitution,
to
provide
equal
rights

basically
a
New
York

ERA
.
And
as
much
as
you
might
hope
that
something
as
basic
as
equal
rights
would
be
uncontroversial,
particularly
in
a
reliably
blue
state
like
NY,
of
course,
you’d
be
wrong.

First,
the
text
of
the
proposal:

Section
1.
Resolved
(if
the
Assembly
concur),
That
section
11
of
article
1
of
the
constitution
be
amended
to
read
as
follows:

§
11. a. No
person
shall
be
denied
the
equal
protection
of
the
laws
of
this
state
or
any
subdivision
thereof.
No
person
shall,
because
of
race,
color, ethnicity,
national
origin,
age,
disability,
 creed
[or], religion, or
sex,
including
sexual orientation,
gender
identity,
gender
 expression, pregnancy,
pregnancy
outcomes,
and
reproductive
healthcare
 and
autonomy,
 
be
subjected
to
any
discrimination
in
[his
or her
their civil rights
by
any
other
person
or
by
any
firm,
corporation,
or
institution,
or
by
the
state
or
any
agency or
subdivision
of
the
state,
pursuant
to
law
.



b.
Nothing
in
this
section
shall
invalidate
or
prevent
the
adoption
of
any
law,
regulation,
program,
or
practice
that
is
designed
to
prevent
or
dismantle
discrimination
on
the
basis
of
a
characteristic
listed
in
this
section,
nor
shall
any
characteristic
listed
in
this
section
be
interpreted
to
interfere
with,
limit,
or
deny
the
civil
rights
of
any
person
based
upon
any
other
characteristic
identified
in
this
section.

§ 
2. Resolved
(if
the
Assembly
concur),
That
the
foregoing
amendment
be
submitted
to
the
people
for
approval
at
the
general
election
to
be
held
in
the
year
2024
in
accordance
with
the
provisions
of
the
election
law.

Explanation

Matter
in
underscored
is
new;
matter
in
brackets
[
]
is
old
law
to
be
omitted.

So,
what’s
the
complaint
with
that?
Well,
Dems
in
the
state
are
promoting
the
measure
as
protecting
abortion
rights.
And
one
of
the
most

common
refrains

from

conservatives

is
“it
DoEsN’T
EvEn
MeNtIoN
aB0RtIoN.”
Kudos
for

staying
on

messaging,
but
you
have
a
synonym
problem.
As
you
can
read
above,
the
prop
protects
reproductive
healthcare.
Which,
admittedly,
is
more
expansive
than
just
abortion
care.
But
with
the
GOP
coming
for

IVF

and

contraception
,
that
just
seems
like
good
planning.

Another
claim
seen
on
lawn
signs
around
the
state,
Protect
Parental
Rights,
Vote
No
Prop
1
,”
is
that
parental
rights
will
be
impacted
by
the
ERA.
Initially
that
confused
me,
because
why
would
you
think
that
based
on
an
equal
rights
amendment?
But
what’s
behind
it
is
a
bunch
of
trans
fear-mongering
that
children
might
be
able
to
seek
gender
affirming
care
without
parental
consent.
Which
is
all
bullshit.
The
NYC
Bar
makes
it
clear
that
the
proposal
does
not
address
 parental
rights,
which
are
governed
by
other
developed
areas
of
State
and
federal
law.
Prop
does
not
change
existing
law

with
respect
to
parental
consent.”
(There’s
other
trans-panic
baiting
in
opposition
to
the
prop,
none
of
which
hold
water
to
actual
interrogation.)

And
Columbia
Law
School’s

ERA
Project

goes
on
to
clarify:

The
New
York
ERA
will
not
change
the
existing
fundamental
rights
that
parents
have
to
make
decisions
about
the
care
and
upbringing
of
children.
Rather,
the
New
York
ERA
could
bolster
existing
parental
rights
by
prohibiting
discriminatory
interference
with
families
and
parental
decision-making.
The
potential
of
the
New
York
ERA
to
address
intersectional
forms
of
discrimination
is
particularly
significant
for
parents
whose
rights
are
threatened
on
the
basis
of
one
or
more
protected
characteristics,
including
race,
disability,
and
sex.
Finally,
the
New
York
ERA’s
comprehensive
protection
of
abortion
and
reproductive
rights
can
and
should
be
understood
to
include
the
rights
to
decide
if,
when,
and

how

to
parent.

The
NY
Libertarian
Party

fears

(yes,
the
Libertarian
Party
wants
fewer
protections
from
government
interference
in
fundamental
freedoms
because
we
are
truly
through
the
looking
glass)
that
the
amendment’s
inclusion
of
national
origin
opens
up
the
door
to
noncitizen
voting.
One
teeny,
tiny
problem
with
that

as
NYC
Bar
notes,
NY
wouldn’t
be
the
only
state
(and
the
federal
government
already
provides
that
protection)
that
protects
national
origin
(“Other
states
that
already
have
“national
origin”
in
the
equal
protection
clauses
of
their
respective
constitutions
include
Alaska,
California,
Connecticut,
Delaware,
Florida,
Massachusetts,
Nebraska,
Nevada,
New
Hampshire,
Texas
and
Virginia.”),
all
without
sparking
a
craze
of
a
noncitizen
voting.

There’s
a
bunch
more,
and
you
can
take
a
look
at
the
nonpartisan
fact
sheet
from
the
bar
association
for
yourself
below.

20221367-Prop1ERAEducationalDocument




Kathryn Rubino HeadshotKathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of

The
Jabot
podcast
,
and
co-host
of

Thinking
Like
A
Lawyer
.
AtL
tipsters
are
the
best,
so
please
connect
with
her.
Feel
free
to
email

her

with
any
tips,
questions,
or
comments
and
follow
her
on
Twitter

@Kathryn1
 or
Mastodon

@[email protected].

Will Generative AI Actually Expand Access To Justice? – Above the Law

Image
courtesy
of
NetDocuments.

The
constitutional
right
to
a
fair
trial,
grounded
in
the
Sixth
Amendment,
is
the
cornerstone
of
our
justice
system.
It
guarantees
essential
protections
in
criminal
matters
that,
in
theory,
ensure
that
justice
is
ultimately
served.

By
extension,
the
belief
that
everyone
is
entitled
to
equal
access
to
justice
incorporates
the
idea
of
zealous,
fair,
and
skilled
legal
representation
in
both
criminal
and
civil
matters.
After
all,
justice
can’t
be
served
if
your
rights
aren’t
protected
by
someone
who
understands
the
machinations
of
the
court
system.

Unfortunately,
universal
access
to
justice
is
more
of
a
pipe
dream
than
a
reality.

Even
during
more
favorable
political
climates,
funding
for
legal
aid

such
as
through
the
Legal
Services
Corporation

was
insufficient
to
meet
demand.
That
gap
has
only
widened
over
the
past
decade,
forcing
public
interest
organizations
to
cut
services
and
staff
despite
rising
demand
for
legal
services
during
the
pandemic
and
in
the
challenging
economic
climate
that
has
followed.

Technology
has
long
been
promoted
as
the
key
to
closing
the
access-to-justice
gap.
However,
market
pressures
have
often
derailed
these
efforts,
as
companies
founded
with
idealistic
missions
often
succumb
to
the
relentless
pursuit
of
profit
and
growth.

Enter
generative
AI,
which
some
herald
as
the
solution
to
the
access
to
justice
problem.
I
wish
I
shared
their
optimism.
However,
given
the
current
state
of
affairs,
I
fully
expect
that
profit
will
reign
supreme.

OpenAI
exemplifies
this
trend.
It
began
as
a
nonprofit
committed
to
advancing
artificial
intelligence
for
the
benefit
of
all,
later
transitioning
into
a
for-profit
model
to
attract
investment
and
continue
to
scale.
This
shift
reflects
a
broader
trend
where
companies,
despite
noble
beginnings,
pivot
toward
profit-driven
strategies
to
sustain
growth

often
at
the
expense
of
their
original
mission.

The
cynic
in
me
believes
that
legal
technology
companies
are
no
different
and
will
follow
the
same
path.
Some
startup
founders
may
claim
that
a
primary
goal
of
their
new
generative
AI
tool
is
to
increase
access
to
justice
by
providing
consumers
with
the
information
and
tools
they
need
to
solve
a
legal
problem.
Ultimately,
however,
capitalistic
pressures
will
prevail,
as
they
always
do,
resulting
in
profit
as
the
primary
motivator
for
future-driven
growth.

Despite
my
pessimism,
perhaps
there’s
another
path
to
solving
the
access
to
justice
problem
with
generative
AI.
As
Jim
Calloway,
director
of
the
management
assistance
program
at
the
Oklahoma
Bar
Association,
recently
suggested
to
me,
there’s
another
perspective
to
consider.
Could
these
tools
be
used
to
significantly
streamline
public
interest
lawyers’
workloads,
allowing
them
to
represent
more
clients
more
effectively?
In
other
words,
even
if
AI
doesn’t
replace
the
role
of
lawyers
for
some
matters
by
providing
legal
information
directly
to
consumers,
it
could
very
well
allow
attorneys
in
the
trenches
to
expand
their
impact.

His
theory
reminded
me
of
an
email
I
received
in
response
to
an
article
I’d
written
about
the
potential
of
generative
AI.
The
sender
advised
me
that
he
only
handled
assigned
criminal
defense
matters
and
that
the
generative
AI
tools
he’d
recently
begun
to
use
in
his
practice
had
allowed
him
to
provide
better
representation
to
his
clients
and
had
“helped
his
solo
practice
immensely.”

While
this
pathway
seems
promising,
cost
remains
a
key
barrier
to
adopting
these
tools
in
public
interest
offices,
especially
legal-specific
solutions
designed
for
lawyers’
workflows
and
compliance
needs.
Many
of
these
solutions
rely
on
token-based
models,
where
complex
legal
tasks
consume
more
tokens
and
drive
up
expenses.
As
usage
grows,
so
do
costs,
making
it
difficult
for
underfunded
organizations
like
legal
aid
offices
to
access
the
very
tools
that
could
improve
efficiency
and
outcomes.

Initiatives
like
the
one
recently
announced
by
Thomson
Reuters
could
provide
a
solution
to
this
dilemma.
Last
week
it
launched
its
AI
for
Justice
Legal
Aid
program,
which
includes
its
Legal
Innovators
Incubator
in
addition
to
subsidized
pricing
for
legal
nonprofits.

The
inaugural
incubator
pilot,
supported
by
API
credits
donated
by
OpenAI,
features
organizations
such
as
The
Innocence
Center,
the
National
Center
for
Missing
&
Exploited
Children,
and
Lawyers
Alliance
for
New
York.

Participants
receive
free
access
for
one
year
to
Thomson
Reuters’
CoCounsel
generative
AI
legal
assistant.


This
program
could
make
all
the
difference
for
cash-strapped
legal
aid
offices.
According
to
Michael
Semanchik,
executive
director
of
The
Innocence
Center,
the
long-term
time-saving
potential
is
significant:
“It
completed
10
grant
applications
for
me
in
about
three
hours.
Normally,
I’d
spend
an
entire
day
on
just
one.”

While
these
early
results
are
promising,
only
time
will
tell
if
efforts
like
this
will
deliver
meaningful,
long-term
solutions.
Generative
AI
has
the
potential
to
transform
the
legal
landscape

not
by
replacing
lawyers
but
by
enabling
them
to
work
more
efficiently,
particularly
in
struggling
public
interest
settings.
However,
for
this
technology
to
fulfill
that
promise,
access
must
remain
affordable
and
aligned
with
the
mission
of
expanding
justice,
not
just
generating
revenue.

The
question
remains:
Will
efforts
like
Thomson
Reuters’
AI
for
Justice
program
help
close
the
access-to-justice
gap,
or
will
my
cynical
prediction
prevail?
Only
time
will
tell.
While
Generative
AI
holds
the
promise
of
easing
workloads
and
expanding
reach,
its
impact
on
access
to
justice
will
depend
on
careful
implementation
and
a
sustained
focus
on
ensuring
these
tools
are
available
to
those
who
need
them
most.





Nicole
Black



is
a
Rochester,
New
York
attorney
and
Director
of
Business
and
Community
Relations
at




MyCase
,
web-based
law
practice
management
software.
She’s
been




blogging



since
2005,
has
written
a




weekly
column



for
the
Daily
Record
since
2007,
is
the
author
of




Cloud
Computing
for
Lawyers
,
co-authors




Social
Media
for
Lawyers:
the
Next
Frontier
,
and
co-authors




Criminal
Law
in
New
York
.
She’s
easily
distracted
by
the
potential
of
bright
and
shiny
tech
gadgets,
along
with
good
food
and
wine.
You
can
follow
her
on
Twitter
at




@nikiblack



and
she
can
be
reached
at





[email protected]
.