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AI Conversations Feel Private. Could They Be Privileged?
FEATURED
June 11, 2025
AI Conversations Feel Private. Could They Be Privileged?
By: Robert Ward
The New York Times’ lawsuit against OpenAI continues to spark debate, and not just about copyright. Most recently, a federal magistrate judge ordered OpenAI to preserve chats that the company might otherwise have deleted at a user’s request. In response, OpenAI CEO Sam Altman suggested that it may be time for a version of the attorney-client or physician-patient privilege, but for AI. While any attempt to define such an “AI privilege” would involve tackling difficult questions about our relationships with AI systems, the more likely barrier will be the general reluctance to recognize new evidentiary privileges, particularly in federal courts. The expansive AI privilege Altman appears to envision is therefore unlikely to materialize any time soon. The premise of Altman’s…
It is Time for a “Second Look” at Legislative Efforts to Combat Mass Incarceration & Recidivism
May 19, 2025
It is Time for a “Second Look” at Legislative Efforts to Combat Mass Incarceration & Recidivism
By: Sara Dalsheim
Government efficiency and spending is a hot topic of controversy in the United States. But even in the context of heated “DOGE” fights, there are proven examples of government efficiency and reduced spending that are clearly working—the passing of measures like the Second Chance and First Step Acts in an effort for mass incarceration and recidivism reduction. The U.S. government spends a total of $80.7…
A Luigi Mangione Death Penalty Trial
April 15, 2025
A Luigi Mangione Death Penalty Trial
By: James Trusty
The Attorney General’s recent announcement that DOJ will seek the death penalty against Luigi Mangione raises a host of interesting legal and philosophical issues, and it almost certainly reflects a dramatic about-face from the Biden administration’s approach towards federal prosecutions for death-eligible offenses. Aside from having personally prosecuted three death penalty trials while I was an Assistant U.S. Attorney in Maryland and when I was…
Is Craigslist Eligible for Immunity?
May 22, 2010
Is Craigslist Eligible for Immunity?
By: Ifrah Law
Connecticut Attorney General Richard Blumenthal and a coalition of 39 attorneys general have long accused Craigslist of furthering prostitution and human trafficking. Blumenthal’s May 3, 2010, subpoena to Craigslist has reignited the debate over the online bulletin board’s responsibility for prostitution ads posted on its site. Craigslist is clearly fighting back. Its CEO, James Buckmaster, recently wrote on the official Craigslist blog, “As AG Blumenthal…
The Fate of an Iowa Butcher — Scapegoat or Cautionary Tale?
May 14, 2010
The Fate of an Iowa Butcher — Scapegoat or Cautionary Tale?
By: Ifrah Law
On June 22, 2010, Chief U.S. District Judge Linda Reade of the Northern District of Iowa will impose a sentence on Sholom Rubashkin, formerly the plant manager at Agriprocessors, Inc., the now-defunct Postville, Iowa, kosher slaughterhouse. The sentencing comes more than two years after a massive immigration raid that netted a total of 289 undocumented workers and led to Rubashkin’s arrest and conviction. Rubashkin originally…
Not so Fast Kentucky
November 2, 2009
Not so Fast Kentucky
By: Ifrah Law
When the Commonwealth of Kentucky petitioned the Franklin Circuit County Court to seize www.fulltiltpoker.com, Pocket Kings Limited, asked a U.K Chancery Court to injoin FTP’s registrar, Safenames Limited, from complying with the Kentucky trial court order. In an order dated October 22, 2009, the Chancery Court granted Pocket King’s request and declared that Safenames shall not comply with any present or future seizure order from the Commonwealth…
Kentucky Supreme Court Considers Poker
November 2, 2009
Kentucky Supreme Court Considers Poker
By: Ifrah Law
On October 22, 2009, the Supreme Court of Kentucky heard oral arguments in the above referenced case. The case originated when the Commonwealth of Kentucky filed civil seizure and forfeiture proceedings against 141 domain names – virtually all of which offered or involved internet gaming. The Commonwealth contended that domain names constitute gambling devices under state law and as such were subject to seizure under…
