Bring. Him. Home.; The Bulwark, April 15, 2025

JONATHAN V. LAST, The Bulwark; Bring. Him. Home.

"Five Questions

We’re going to give elected leaders in the Democratic party a charge and then talk about how the public can rally. But first, I have some questions to consider.

(1) What are the terms of the U.S. government’s contract with El Salvador for imprisonment of individuals rendered?

(2) Where in the U.S. government do the funds paid to El Salvador originate from? And who, exactly, is the payee?

(3) What are the terms of the services being contracted for? How many meals per day for the prisoners? What are the healthcare arrangements? How are these provisions itemized and invoiced? What governmental body is monitoring the contractor (and who is the contractor?) for compliance?

(4) What rules or laws govern the “corrections officers” who work at CECOT?

But most important:

(5) What are the terms of the sentences for those incarcerated at CECOT? When will they be paroled or released?

Do you believe that anyone from America who goes into CECOT will ever come out?

I do not.

This is not incarceration; it is liquidation.

Incarceration is a penal act. It is controlled by laws. There are well-understood mechanisms governing the length of terms, applications for parole, processes for release.

Liquidation is a political act. It is arbitrary, opaque, and unappealable. There are no controlling laws or processes. There is only power.

This is why Donald Trump cannot allow Kilmar Abrego Garcia to return to the United States.

And it is why the democratic opposition must go to the mattresses to bring him home."

Students at Pentagon schools sue Hegseth over book bans on race and gender; The Guardian, April 15, 2025

Ed Pilkington , The Guardian; Students at Pentagon schools sue Hegseth over book bans on race and gender

"Twelve students studying in Pentagon schools in the US and around the world are suing the defense secretary, Pete Hegseth, over the book bans he has instigated to remove titles on race and gender from their libraries.

A lawsuit lodged on the students’ behalf by the American Civil Liberties Union (ACLU) on Tuesday argues that their first amendment rights are being irreparably harmed. The complaint says that the censorship has been applied system-wide across Pentagon schools, and was endangering children by preventing them from learning critical information about health, hygiene, biology and abuse.

The legal action targets Hegseth, the former Fox News host, who has been aggressively pursuing the censorship drive as part of Donald Trump’s war on diversity, equity and inclusion (DEI). It also names as a defendant the head of the Pentagon school system, Beth Schiavino-Narvaez."

Why Musk and Dorsey want to ‘delete all IP law’; The Washington Post, April 15, 2025

 

Analysis by Gerrit De Vynck

 and 

Will Oremus

with research by 

Andrea Jiménez

 , The Washington Post; Why Musk and Dorsey want to ‘delete all IP law’

"Jack Dorsey, the co-founder of Twitter and CEO of Square, posted a cryptic and drastic demand on Elon Musk’s X over the weekend: “delete all IP law.” The post drew a quick reply from Mr. X himself: “I agree.”

Musk’s laconic response amplified Dorsey’s post to his 220 million followers and sparked a debate that drew in a cast of characters including Epic Games CEO Tim Sweeney, tech lawyer and former vice presidential candidate Nicole Shanahan, novelist Walter Kirn, evolutionary psychologist Geoffrey Miller and the technologist and early Twitter developer Evan Henshaw-Plath, a.k.a. Rabble, among others...

Serious policy idea or not, the concord between Dorsey and Musk highlights how the debate over AI and copyright law is coming to a head in Silicon Valley.

How it’s resolved will have major ramifications for the tech companies, creative people and their livelihoods and the overall AI race."

Dismay as cross-border library caught in US-Canada feud: ‘We just want to stay open’; The Guardian, April 13, 2025

Leyland Cecco , The Guardian; Dismay as cross-border library caught in US-Canada feud: ‘We just want to stay open’

"For weeks, curious onlookers, outraged supporters and gaggles of media have descended on both Stanstead, Quebec, and Derby Line, Vermont, after US officials announced the main entrance to the library, which sits in Vermont, would soon be cut off to Canadians. They cited drug traffickers and smugglers “exploiting” the accessibility and said the closure meant “we are ending such exploitation by criminals and protecting Americans” without providing evidence...

Under the new rules which go into effect in October, Canadians will need to go through a formal border crossing before entering the library.

The news, met with disbelief from patrons and staff, followed a closely watched visit by the US secretary of homeland security, Kristi Noem, in March. Touring the library, Noem said “USA number one!” and then hopped over the black tape separating the two countries and said “51st state” when she landed in Canada. She repeated the joke – echoing Donald Trump’s recent fixation on annexing Canada – three times...

Of the thousands of books tucked into the library’s stacks, one author has emerged as a patron favourite: Louise Penny, the bestselling Canadian novelist and creator of the detective Armand Gamache. Her novels are by far the most borrowed and the celebrated writer, whose works have repeatedly topped the New York Times bestseller chart, is also a frequent visitor to the library.

“It’s very hard to not go immediately to the dystopian novels. What’s the first thing a despot or a tyrant does? They target libraries. They target writers. It targets books. Targets anyone who could read and think and become a dissenting voice,” she said. “Nothing good is going to come of this. It would be laughable if it wasn’t so serious.”

The tour for Penny’s forthcoming book Black Wolf, which coincidentally imagines plans to force Canada into becoming the 51st state was due to start at the Kennedy Center in Washington. But a recent decision by Trump to fire the previous board of the Kennedy Center for its support of “woke” programming, and to install himself as board chair, has prompted widespread artistic backlash."

Palm Sunday Was a Protest, Not a Procession; The New York Times, April 13, 2025

Andrew Thayer, 

Mr. Thayer is an Episcopal priest. ; The New York Times; Palm Sunday Was a Protest, Not a Procession

"On Sunday, in cities around the world, Christians begin Holy Week by celebrating Palm Sunday, when Jesus entered Jerusalem for the final time before his death and resurrection. To mark the day, Christians recreate Jesus’ procession, often starting outside churches and winding down sidewalks and city streets waving palm branches.

Celebrations like this often miss an uncomfortable truth about Jesus’ procession: At the time, it was a deliberate act of theological and political confrontation. It wasn’t just pageantry; it was protest.

On that first Palm Sunday, there was another procession entering Jerusalem. From the west came Pontius Pilate, the Roman governor, riding a warhorse and flanked by armed soldiers bedecked in the full pageantry of an oppressive empire. Every year during Passover, a Jewish festival celebrating liberation from Egyptian oppression and slavery, Pilate entered Jerusalem to suppress any unrest set off by that memory.

His arrival wasn’t ceremonial; it was tactical — a calculated show of force, what the Pentagon might now call “shock and awe.” It displayed not only Rome’s power but also Rome’s theology. Caesar was not just the emperor; he was deified and called “Son of a God” on coins and inscriptions. His rule was absolute, and the peace it promised came through coercion, domination and the threat of violence...

Jesus entered the city not on a warhorse but on a donkey, not with battalions but with beggars. His followers were peasants, fishermen, women and children — people without standing or status. They waved palm branches — symbols of Jewish resistance to occupation since the Maccabean revolt — and cried out “Hosanna!” which means “Save us.” Save us from a system of oppression disguised as order. Save us from those who tacitly endorse greed with pious language and prayers...

Sound familiar?

We, too, live in the shadow of empire. Ours doesn’t speak Latin or wear togas, but its logic is familiar. Our economy prioritizes the 1 percent and puts corporate profits over worker dignity. Our laws enforce inequality in the criminal justice system, education and health care. Our military-industrial complex would be the envy of Rome. We extract, exploit, incarcerate, and we call it “law and order.""

Law professors side with authors battling Meta in AI copyright case; TechCrunch, April 11, 2025

 Kyle Wiggers , TechCrunch; Law professors side with authors battling Meta in AI copyright case

"A group of professors specializing in copyright law has filed an amicus brief in support of authors suing Meta for allegedly training its Llama AI models on e-books without permission.

The brief, filed on Friday in the U.S. District Court for the Northern District of California, San Francisco Division, calls Meta’s fair use defense “a breathtaking request for greater legal privileges than courts have ever granted human authors.”"

The ALA Sues Over the Scuppering of the IMLS; Publishers Weekly, April 8, 2025

John Maher, with reporting by Nathalie op de Beeck , Publishers Weekly; The ALA Sues Over the Scuppering of the IMLS

"The American Library Association (ALA) and the American Federation of State, County, and Municipal Employees (AFSCME), whose members include museum and library workers nationwide, have sued over what the ALA called, in a release, “the Trump administration’s gutting of the Institute of Museum and Library Services (IMLS).” Among the defendants are Keith Sonderling, in his capacity as acting director of the IMLS, along with the IMLS itself; President Donald Trump; and U.S. DOGE Service acting administrator Amy Gleason, along with DOGE itself.

The lawsuit, filed yesterday in the U.S. District Court for the District of Columbia, argues that the administration’s recent actions—which include firing most IMLS staff, terminating grant programs, and effectively shutting down the organization’s operations—are both illegal and, separately, unconstitutional. The actions, the suit asserts, violate the first two articles of the Constitution: Article I, which establishes the separation of powers and designates Congress as the only body with authority to pass laws creating government agencies, and Article II, which enumerates the president’s duty to “take care that the Laws be faithfully executed.” It also alleges that the defendants’ actions violate the Administrative Procedure Act, which establishes the responsibility of the judiciary to “hold unlawful and set aside agency action...found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.

In addition, the suit asserts, “Defendants’ evisceration of the agency will have immediate and disastrous consequences for Plaintiffs ALA and AFSCME as well as their members, including librarians, libraries, and the public.”"

“If You Play Out The Real Scenario…”: Nanette’s Garage Scene Decision In USS Callister: Into Infinity Unpacked By Black Mirror’s Cristin Milioti; ScreenRant, April 2025

Sarah Hurtado Rodriguez, ScreenRant ; “If You Play Out The Real Scenario…”: Nanette’s Garage Scene Decision In USS Callister: Into Infinity Unpacked By Black Mirror’s Cristin Milioti

"Reflecting on Nanette's decision, Milioti delved more into the moral ambiguity the character faces in Into Infinity, questioning whether Nanette's decision was truly the right one while also noting the show's ability to explore ethical dilemmas."

Who’s In and Who’s Out at the Naval Academy’s Library?; The Guardian, April 11, 2025

John Ismay, The Guardian; Who’s In and Who’s Out at the Naval Academy’s Library?

"Gone is “I Know Why the Caged Bird Sings,” Maya Angelou’s transformative best-selling 1970 memoir chronicling her struggles with racism and trauma.

Two copies of “Mein Kampf” by Adolf Hitler are still on the shelves.

Gone is “Memorializing the Holocaust,” Janet Jacobs’s 2010 examination of how female victims of the Holocaust have been portrayed and remembered.

“The Camp of the Saints” by Jean Raspail is still on the shelves. The 1973 novel, which envisions a takeover of the Western world by immigrants from developing countries, has been embraced by white supremacists and promoted by Stephen Miller, a senior White House adviser.

“The Bell Curve,” which argues that Black men and women are genetically less intelligent than white people, is still there. But a critique of the book was pulled.

The Trump administration’s decision to order the banning of certain books from the U.S. Naval Academy’s library is a case study in ideological censorship, alumni and academics say.

Political appointees in the Department of the Navy’s leadership decided which books to remove. A look at the list showed that antiracists were targeted, laying bare the contradictions in the assault on so-called diversity, equity and inclusion policies."

Am I Still Allowed to Tell the Truth in My Class?; The Atlantic, April 11, 2025

Phillip Atiba Solomon, The Atlantic; Am I Still Allowed to Tell the Truth in My Class?

"The administration’s claim in the Dear Colleague letter that universities becoming race-blind will allow students to enjoy “a school environment free from discrimination” is absurd on its face. People widely understand racism to refer to folks with power abusing folks without it—injustices that many students experience well before arriving at college. The letter, in contrast, would have readers believe that racism’s greatest harm is hurting students’ feelings on campus. One cannot be a neutral observer of the world and hold this position."

Scientists Revive the Dire Wolf, or Something Close; The New York Times, April 7, 2025

Carl Zimmer , The New York Times; Scientists Revive the Dire Wolf, or Something Close

"For more than a decade, scientists have chased the idea of reviving extinct species, a process sometimes called de-extinction. Now, a company called Colossal Biosciences appears to have done it, or something close, with the dire wolf, a giant, extinct species made famous by the television series “Game of Thrones.”"

Entrance to [Copyright] Paradise Halted by the Human-Authorship Requirement; The National Law Review, April 9, 2025

 Jonathan D. Reichman of Hunton Andrews Kurth   - Publications , The National Law Review; Entrance to [Copyright] Paradise Halted by the Human-Authorship Requirement

"In mid-March, a federal appeals court affirmed a ruling finding that artwork created solely by an artificial intelligence (AI) system is not entitled to copyright protection. Thaler v. Perlmutter, No. 23-5233 (D.C. Cir. Mar. 18, 2025). This decision aligns with the position taken by the US Copyright Office in its recent report in light of the ongoing evolution, application, and litigation surrounding AI systems. U.S. Copyright Office, Copyright and Artificial Intelligence, Part 2: Copyrightability (2025).

While this decision may appear straightforward, future developments could arise through an application to the US Supreme Court or through cases addressing the extent of human involvement necessary in AI-generated works that seek copyright protection.

Key Takeaways

• The Copyright Act of 1976 (Act) requires all eligible works to be authored by a human being.
• The Act’s definition of “author” does not apply to machines.
• The work-made-for-hire doctrine requires an existing copyright interest.
• Thaler’s representation that the work was generated autonomously by a computer system weighed heavily against his challenges to the human-authorship requirement and the work-made-for-hire doctrine.
• The Court rejected Dr. Thaler’s arguments that (1) the term “author” is not confined to human beings; (2) the work was made for hire; and (3) the human-authorship requirement prevents protection of works made with AI.
• The Court affirmed the denial of copyright registration where the author of the work was listed as a machine."

We Should All Be Very, Very Afraid; The New York Times, April 9, 2025

Erwin Chemerinsky and Laurence H. Tribe. 

Mr. Chemerinsky is the dean of the law school at the University of California, Berkeley. Mr. Tribe is an emeritus university professor of constitutional law at Harvard., The New York Times; We Should All Be Very, Very Afraid

"Of all the lawless acts by the Trump administration in its first two and a half months, none are more frightening than its dumping of human beings who have not had their day in court into an infamous maximum-security prison in El Salvador — and then contending that no federal court has the authority to right these brazen wrongs.

In an astounding brief filed in the Supreme Court on Monday, the solicitor general of the United States argued that even when the government concedes that it has mistakenly deported someone to El Salvador and had him imprisoned there, the federal courts are powerless to do anything about it. The Supreme Court must immediately and emphatically reject this unwarranted claim of unlimited power to deprive people of their liberty without due process.

That would seem to be the obvious response. It was Thomas Jefferson who called the right of habeas corpus to protect against unlawful detention one of the “essential principles of our government.”

Jefferson’s concerns are underscored by the case of Kilmar Armando Abrego Garcia, a lawful resident of the United States, whom the federal government admits it wrongly deported to El Salvador. He has been incarcerated in El Salvador along with some 200 Venezuelan migrants deported there last month by the Trump administration, which says they were involved in criminal and gang activity...

If the government can disappear any people it wishes, dump them in a Salvadoran dungeon and prevent any court in this country from providing relief, we all should be very, very afraid."

Trump Wants to Merge Government Data. Here Are 314 Things It Might Know About You.; The New York Times, April 9, 2025

Emily Badger and Sheera Frenkel, The New York Times ; Trump Wants to Merge Government Data. Here Are 314 Things It Might Know About You.

"The federal government knows your mother’s maiden name and your bank account number. The student debt you hold. Your disability status. The company that employs you and the wages you earn there. And that’s just a start...

These intimate details about the personal lives of people who live in the United States are held in disconnected data systems across the federal government — some at the Treasury, some at the Social Security Administration and some at the Department of Education, among other agencies.

The Trump administration is now trying to connect the dots of that disparate information. Last month, President Trump signed an executive order calling for the “consolidation” of these segregated records, raising the prospect of creating a kind of data trove about Americans that the government has never had before, and that members of the president’s own party have historically opposed.

The effort is being driven by Elon Musk, the world’s richest man, and his lieutenants with the Department of Government Efficiency, who have sought access to dozens of databases as they have swept through agencies across the federal government. Along the way, they have elbowed past the objections of career staff, data security protocols, national security experts and legal privacy protections."

Mississippi libraries ordered to delete academic research in response to state laws; Mississippi Today, April 8, 2025

 Michael Goldberg and  Candice Wilder, Mississippi Today; Mississippi libraries ordered to delete academic research in response to state laws

"A state commission scrubbed academic research from a database used by Mississippi libraries and public schools — a move made to comply with recent state laws changing what content can be offered in libraries.

The Mississippi Library Commission ordered the deletion of two research collections that might violate state law, a March 31 internal memo obtained by Mississippi Today shows. One of the now deleted research collections focused on “race relations” and the other on “gender studies.” 

The memo, written by Mississippi Library Commission Executive Director Hulen Bivins, confirmed the scrubbing of scholarly material from a database used by publicly funded schools, libraries, community colleges, universities and state agencies. The database, MAGNOLIA, is funded by the Mississippi Legislature."

I’m Not Convinced Ethical Generative AI Currently Exists; Wired, February 20, 2025

REECE ROGERS , Wired; I’m Not Convinced Ethical Generative AI Currently Exists

"For me, the ethics of generative AI use can be broken down to issues with how the models are developed—specifically, how the data used to train them was accessed—as well as ongoing concerns about their environmental impact. In order to power a chatbot or image generator, an obscene amount of data is required, and the decisions developers have made in the past—and continue to make—to obtain this repository of data are questionable and shrouded in secrecy. Even what people in Silicon Valley call “open source” models hide the training datasets inside...

The ethical aspects of AI outputs will always circle back to our human inputs. What are the intentions of the user’s prompts when interacting with a chatbot? What were the biases in the training data? How did the devs teach the bot to respond to controversial queries? Rather than focusing on making the AI itself wiser, the real task at hand is cultivating more ethical development practices and user interactions."

Justice Barrett has set a new judicial ethics standard — and it’s about time; The Hill, April 8, 2025

 CAROLINE CICCONE, The Hill; Justice Barrett has set a new judicial ethics standard — and it’s about time

"Unlike every other federal court, the Supreme Court operates without mandatory ethics rules. The justices alone decide if their conflicts merit recusal, with no obligation to explain their reasoning. This self-policing system creates an accountability void that would be unacceptable in any other branch of government.

However, a recent decision by a member of the court’s conservative supermajority shows us that it doesn’t have to be this way.

Justice Amy Coney Barrett bucked this trend with her recent recusal from Oklahoma Statewide Charter School Board v. Drummond. Although Barrett provided no public explanation, it’s plausible if not likely that her decision stemmed from her close ties to Notre Dame’s Religious Liberty Clinic and personal friendship with one of the case’s legal adviser, Notre Dame law Professor and Federalist Society Director Nicole Stelle Garnett. 

This choice reflects the longstanding principle, mostly abandoned by the Roberts Supreme Court, that judges should step aside when personal relationships might bias them, or even create the appearance of impropriety."

In a World of Pete Hegseths, Be a Maya Angelou; The Bulwark, April 8, 2025

 

WILLIAM KRISTOL, 

ANDREW EGGER

, AND JIM SWIFT, The Bulwark; In a World of Pete Hegseths, Be a Maya Angelou

"Last week, pursuant to Defense Secretary Pete Hegseth’s order to purge so-called DEI content from military libraries and classrooms, I Know Why the Caged Bird Sings was removed, along with 380 other books, from the U.S. Naval Academy’s Nimitz Library.

Why?

Because impressionable midshipmen might follow in the footsteps of millions of other Americans, young and old, white and black, and be . . . what? Educated in aspects of American history and society they hadn’t personally experienced? Even—God forbid!—possibly influenced to have too favorable a view of diversity, equity, and inclusion?

To be clear: My sense is that the DEI movement over the last decade or two has featured a fair amount of foolishness, some of it overbearing and even offensive. There is no reason for public and private institutions not to review materials that were being used to promote DEI.

But Maya Angelou?

I Know Why the Caged Bird Sings is not “DEI content.” It’s a quintessentially American autobiography—a popular and important one. It’s a book a student at the Academy might want to read for his or her education, or for pleasure.

Angelou’s reputation and readership will survive being purged from the Nimitz library. Midshipmen can presumably still order the book from Amazon.

Still, it’s not a moment for national pride that Angelou’s book is being purged from a military academy.

And it is a moment to acknowledge that the attack on DEI by the Trump administration, and by many on today’s right, is not some kind of good-faith reconsideration of the excesses of the DEI industry over the last couple of decades. It’s far more an attack on the real diversity that characterizes today’s America, the real equity that a nation can aspire to, the real inclusion that marks a healthy society.

When I heard of the purge, I went back and read Angelou’s inaugural poem, “On the Pulse of Morning.”

These lines struck me now in a way they hadn’t in 1993:

Do not be wedded forever
To fear, yoked eternally
To brutishness.

Instead, as Angelou urges us earlier in the poem:

Give birth again
To the dream."

OpenAI Copyright Suit Consolidation Portends Consistency, Risk; Bloomberg Law, April 8, 2025

 

Annelise Levy

, Kyle Jahner , Bloomberg Law; OpenAI Copyright Suit Consolidation Portends Consistency, Risk

"OpenAI Inc.'s tactical win consolidating a dozen copyright suits against it nevertheless carries risks for the company, as the matters proceed before a judge who’s already ruled against the company in key decisions.

The US Judicial Panel on Multidistrict Litigation last week centralized casesacross the country in the US District Court for the Southern District of New York for pretrial activity, which could include dispositive motions including summary judgment, as well as contentious discovery disputes that have been common among the cases.

“This will help create more consistency in the pre-trial outcomes, but it also means that you’ll get fewer tries from different plaintiffs to find a winning set of arguments,” Peter Henderson, an assistant professor at Princeton University, said in an email...

While streamlined, the pretrial proceedings figure to remain contentious as the parties press novel questions about how copyright laws apply to the game-changing generative AI technology. The disputes carry vast ramifications for companies reliant on millions of copyrighted works to train their models."

ABACLE launches rule of law CLE series to promote democracy; American Bar Association (ABA), March 31, 2025

 American Bar Association (ABA); ABACLE launches rule of law CLE series to promote democracy

"The series will explore the integrity of the legal system and the vital role of an independent judiciary. Participants will hear from experts about safeguarding the rule of law, preserving public trust and ensuring justice remains free from political influence.

Programs will be added regularly to the ongoing series, which will feature nonpolitical, nonpartisan programming focused on support for the rule of law and the role lawyers and courts play in defending the constitutional framework and democratic processes, as well as topics that more broadly address the legal implications of recent administrative changes, court rulings and more.

A real-world example of the issues that will be explored in the series is the impact of recent presidential executive orders on the legal profession and the country."