David S. Cohen

@dsc250.bsky.social

16294 Followers 428 Following

feminist "law" professor, reproductive rights scholar/activist, avid cyclist, husband, dad, indie rock enthusiast, Vermont lover, Phillies fan, he/him

Footnotes in law review articles other than those in articles focused on the narrowest of points (such as "How to Depreciate Your Phone Lines for Tax Purposes Following Deregulation of the Telephone System") are almost totally unnecessary. Again as Rodell noted, footnotes are either "an excuse to let the law review writer be obscure and befuddled in the body of his article" or a means of proving, whether or not it is true, that the author has spent a lot of time doing research for the article and deserves even a bigger raise from his dean than that to which he could lay claim if the article had fewer footnotes.
Yet I believe not only that the doctrine of ftare decisis, unless -some entirely novel and radical legislation can be devised to save it, ·must disappear through the inevitable course of human progress- -and progress does not always lead from a worse to a better -system-but that its hold, in the more crowded Federal and State -courts at least, has already to a considerable extent been weakened. It is increasingly co.mmon to hear active and successful practitioners -in those tribunals say .that they find less attention given now to precedent than formerly; that when a litigation comes befote a <:ourt of last resort which perceives or thinks that it perceives the :right to be on one side, they find an increasing tendency to disre-
Ken Griffey Jr. backwards hat at the home run derby.
abstract art portrait of PA Judge Kelley
Indeed, by refusing to review the one question that could have at least theoretically given Chatrie some hope of relief, the Court carefully set the stage for its planned performance: STRIKING A POSE as a great champion of privacy
KAGAN, J., delivered the opinion of the Court, in which ROBERTS, C. J., and SOTOMAYOR, KAVANAUGH, and JACKSON, JJ., joined. JACKSON, J., filed a concurring opinion, in which SOTOMAYOR, J., joined. GORSUCH, J., filed an opinion concurring in the judgment. ALITO, J., filed a dissenting opinion, in which THOMAS, J., joined as to Part I, and in which BARRETT, J., joined as to Parts II–B, II–C–1, and II–C–2. BARRETT, J., filed a dissenting opinion.
I walked into the room. I saw the whiteboard. I saw the markers. And then I placed my laptop on the table, opened a browser window to ChatGPT, and prepared to do what I do every single day in my actual scientific practice: type a prompt and receive a coherent, well-structured response that I would then lightly edit and present as my own thinking. The room went silent. “What are you doing?” asked the search committee chair. “I’m preparing to answer your questions,” I said. “With ChatGPT?” “Yes,” I said. “How else would I do it?” Apparently, “how else would I do it” is “from memory, using only my brain, like some kind of medieval peasant.” This was news to me.
Post from user smusab saying people who complain about AI are secretly using apps like Zotero.
Cartoon showing monster at graduation saying: “And as you head out into the world your fresh meaty torsos will be ripped apart and roasted to feed your new alien overlords — wait, why are you all booing?”
In his statement, Mr. Rosenbaum said that if the episode “serves as a warning about the risks of A.I.-assisted research and verification, that is why I wrote the book.” “These A.I. errors do not, in fact, diminish the larger questions that the book raises about truth, trust and A.I. and its impact on society, democracy and editorial,” he added.
The author of a nonfiction book about the effects of artificial intelligence on truth acknowledged on Monday that he had included numerous made-up or misattributed quotes concocted by A.I. The author, Steven Rosenbaum, whose book “The Future of Truth” was released this month to great fanfare, incorporated more than a half-dozen misattributed or fake quotes in sections of the book reviewed by The New York Times. The Times asked Mr. Rosenbaum about the quotes on Sunday and Monday. On Monday night, Mr. Rosenbaum acknowledged in a statement that the book had “a handful of improperly attributed or synthetic quotes” and said that he had started his own investigation.
Right. In Alito’s view, red states have absolute freedom to persecute abortion providers and patients, while blue states have no authority to protect them. It’s so obvious what he’s doing here. By the way, we should give a shout-out to the law professors who devised and promoted shield laws—David Cohen, Rachel Rebouché, and Greer Donley. They’ve made Sam Alito very mad. So don’t ever let anyone tell you law review articles don’t matter.
"blah blah blah" - Sam Alito
Sam Alito whining about abortion shield laws. Poor Sam.
Far Side cartoon of person entering Midvale School for the Gifted with a sign saying "pull" on the door and pushing anyway.
Diane Yanko, 61, died in Tuesday after an AI incorrectly filed her claims, another denied her claim, and a third AI turned off her life support.
Google AI search results saying 647 F.2d 651 is partial or incorrect and not a case.
Headline from 2016: "Trump says Clinton's 'deplorables' remark is disqualifying'"
Rethinking RBG’s Incrementalism David S. Cohen & Elizabeth Kukura When Ruth Bader Ginsburg died in September 2020, commentators piled on the laudatory adjectives to describe her career: feminist, trailblazer, icon, notorious, advocate, pioneer, and more. But amidst this string of praise frequently appeared another adjective, one that tempered the impression of Justice Ginsburg as a path-marking radical: incrementalist. This characterization of Ginsburg has a long pedigree, some of her own making, as she and others used the label throughout her career to describe a lawyer and judge who took measured steps to accomplish long-term goals. With the frequent repetition of this particular description, it seems clear that the idea of Ginsburg as incrementalist appeals to admirers of Ginsburg’s career and legal accomplishments. For many, it may feel intuitive to read Ginsburg’s success in changing legal norms regarding sex discrimination and sex equality through a lens of incrementalism because, as social theory tells us, when legal changes outpace public opinion and conditions on the ground, backlash occurs. The incrementalist label may also accord with public perception of Ginsburg’s appearance. Her proper, conservative dress and manner combined with her modest physical stature projected quite the opposite of a firebrand or radical. This Article challenges the traditional understanding of Ginsburg as an incrementalist. We draw on the briefs she wrote and her arguments before the Supreme Court, the positions she took as a jurist, and her own scholarly writings to suggest a more accurate assessment of Ginsburg as a bold advocate whose conviction in the justness of her cause led her to seek profound changes in American law and culture over a relatively short period of time, rather than support half-measures in pursuit of a long-term goal. Whatever the reason for the appeal of the incrementalist label, calling both lawyer Ruth Bader Ginsburg and Justice Ruth Bader Ginsb…
After considering oral arguments, motions and memoranda submitted as well as the applicable law, the Court took the matter under advisement. A written ruling will follow. The Court ORDERED the FDA, through counsel, to file a brief within seven (7) days addressing the FDA’s authority to issue interim orders addressing the prescribing or distribution of a drug if confronted with concerning information during its review process.
Sen. Josh Hawley, R-Mo., is fuming after a meeting with FDA Commissioner Marty Makary over the agency’s safety study of abortion medication mifepristone did nothing to settle his complaints. The Missouri Republican told Semafor he was “really disappointed” and said it could take years for the FDA to complete its study, calling the situation “a dead end.” Hawley also said he’s “lost confidence” in Makary’s leadership: “I don’t think he’s serious about it.”
Google AI saying there are only 5 i's in the word 'invisibilities' - there are 6.
"fuck ice" peed into the snow by Olympian Gus Kenworthy
What we have in Phillies phans are people who are utterly disconnected from rational, unbiased thought and from reality itself. They are committed instead to emotion, personal whim, and perpetual fantasy. Sam Alito is a devotee to the Phillies and thus a devotee to these un-judgelike qualities. He is decidedly not Supreme Court Justice material, and we phans know it better than anyone else.
Not everyone shared Julie’s optimistic view of the prospects of opening a clinic in Wyoming. Julie freely acknowledged that some allies in the national pro-choice movement were supportive but skeptical. Lawyers from a national organization that she had worked with in the past were “lukewarm,” she said. Though these legal allies wished Julie well, they were not able to devote resources to working with her, presumably because, Julie explained, their resources were committed to working with clinics in other locations with a better chance of success post-Dobbs. Julie and a group of supporters had decided to start a nonprofit organization, Wellspring Health Access, that would be the legal operator of the clinic. A different national pro-choice group did eventually help Julie find a local lawyer who agreed to work with her.
Being ready to go to court weighed heavily on the minds of Julie and her partners. They talked “with a variety of people, looking at the laws that have been passed, and not passed as well, in Wyoming, talking to folks about the Wyoming constitution, where services are and where they are lacking.” Ironically, one thing Julie learned early on about Wyoming’s constitution was that after the passage of the Affordable Care Act in 2010, which was deeply resented by many in this conservative state, the voters passed an amendment to the state constitution that declared Wyoming citizens had the right to make their own decisions about healthcare. Never in a million years would the drafters of this anti-Obamacare amendment have expected that its existence in the Wyoming constitution would eventually
In Wyoming, we are going to litigate, we are going to fight this thing to the end, and we’re going to see hopefully if we can hold the line there. —JULIE BURKHART, Wellspring Health Access