David S. Kemp
David S. Kemp

David Kemp is the managing editor of Justia's Verdict and Oyez. He is also an adjunct lecturer at Rutgers Law School and former legal writing professor at the University of California, Berkeley School of Law. He teaches courses on lawyering and professional ethics and is currently exploring novel ways of bringing generative AI into the law school classroom. He received his BA in psychology from Rice University and his JD from Berkeley Law, where he served as the Senior Executive Editor of the California Law Review and co-Editor-in-Chief of the Berkeley Journal of African-American Law & Policy.

Columns by David S. Kemp
ChatGPT is Notoriously Bad at Legal Research. So Let’s Use it to Teach Legal Research

Rutgers Law adjunct lecturer David S. Kemp argues that despite ChatGPT’s limitations in producing accurate legal research, these shortcomings can be leveraged as teaching tools in law schools. By encouraging students to use AI-generated text as a starting point and then to verify its content using reliable sources, educators can enhance students’ research skills, critical thinking, and ethical responsibility.

Abandoning Precedent: The Case for Bringing ChatGPT into Law Schools

Rutgers Law adjunct lecturer David S. Kemp argues that generative artificial intelligence (AI) tools like ChatGPT can effectively complement conventional methods of learning in law school and can push law students (and their instrutors) to think critically and creatively about the future of legal practice. Mr. Kemp points out that generative AI is poised to revolutionize the practice of law and that forward-looking law educators should embrace the technology to best position their students to succeed today and tomorrow.

Pope Francis’s Statement Endorsing Civil Protections for Same-Sex Couples Undermines the Moral Legitimacy and Legal Arguments in Fulton v. City of Philadelphia

David S. Kemp, a professor at Berkeley Law, and Charles E. Binkley, MD, the director of bioethics at Santa Clara University’s Markkula Center for Applied Ethics, consider the implications of Pope Francis’s recently revealed statement endorsing same-sex civil unions as they pertain to a case currently before the U.S. Supreme Court. Kemp and Binkley argue that the Pope’s statement undermines the moral legitimacy of the Catholic organization’s position and casts a shadow on the premise of its legal arguments.

Can the FDA Regulate Vaping as an Ethical Alternative to Tobacco Cigarettes?

Clinical bioethicist Charles E. Binkley and attorney David S. Kemp consider whether—and how—the Food and Drug Administration might reasonably regulate vaping devices, also known as electronic nicotine delivery system (ENDS), so that they can serve as an ethical alternative to combustible tobacco products. Specifically, Binkley and Kemp and call for further longitudinal data on the risks and benefits of ENDS and propose certain contingencies that must be in place before ENDS can serve as a viable replacement for conventional combustible tobacco products.

Legislating LGBTQ Rights From the Courts in the United States and Brazil

Brazilian legal scholar Igor de Lazari, Brazilian law professor Antonio G. Sepulveda, and attorney David S. Kemp compare the evolving recognition of the rights of LGBTQ individuals in Brazil and the United States. De Lazari, Sepulveda, and Kemp describe specifically the role of courts in recognizing these rights and establishing protections in the absence of clear legislation.

The Changing Scope of the Freedom of Expression in the United States and Brazil

Guest columnists Igor De Lazari and Antonio Sepulveda, and Justia editor David S. Kemp compare and contrast the evolving recognition of the rights of LGB individuals in the United States and Brazil. The authors point to several parallel decisions by the high court of each nation, but they also point to ways in which the jurisprudence of the two countries might diverge—specifically when religious beliefs appear to conflict with the recognition of the rights of gays and lesbians.

An Ethical Analysis of the American Health Care Act

Charles E. Binkley, MD, FACS, co-chair of the Ethics Committee at Kaiser Permanente Medical Center in San Francisco, and attorney David Kemp conduct an ethical analysis of the American Health Care Act (AHCA), the proposed replacement for the Affordable Care Act, using the principles of impartiality and justice. Within this framework, Binkley and Kemp identify three values around which health care coverage should be prioritized, and they conclude that the AHCA fails to meet the ethical standards for government-supported health care.

U.S. Supreme Court Recognizes Constitutional Right to Same-Sex Marriage

Attorney and writer David Kemp describes today's landmark holding by the U.S. Supreme Court granting marriage equality in all fifty states. Kemp also provides a recap of the past Verdict columns that have documented marriage equality's path to the Supreme Court since United States v. Windsor was decided in June 2013.

Comparing Two Federal Appellate Court Decisions on Same-Sex Marriage

Attorney David Kemp discusses the recent decision by the U.S. Court of Appeals for the Fourth Circuit striking down Virginia’s ban on same-sex marriage. He compares and contrasts that opinion to an opinion handed down last month by the Tenth Circuit striking down Utah’s equivalent law. Based on the majority and dissenting opinions, Kemp anticipates what might be the key issues if the case reaches the U.S. Supreme Court—an event that seems increasingly likely.

On Brain Death and Civil Rights

Justia columnist and attorney David Kemp discusses the tragic situation of Jahi McMath, the 13-year-old girl who was pronounced brain dead after surgery, and whose family sought to keep her on a ventilator despite that diagnosis. Kemp focuses on the federal civil rights lawsuit recently filed by the family. He argues that it is unlikely to succeed on the merits and that the family would be better advised to seek alternative means of answers and justice for their loss.

Ohio’s March Toward Marriage Equality

Justia columnist and attorney David Kemp discusses a recent ruling by a federal judge in Ohio striking down that state’s laws banning recognition of same-sex marriages validly performed in other states. Kemp describes the facts and legal reasoning of that case and explains how the ruling affects residents of Ohio and its potential implications outside that state. He predicts that although the scope of the ruling is quite narrow—affecting only death certificates for Ohio residents with same-sex surviving spouses—it strongly suggests an imminent change in that state and elsewhere in the country.

The Warrant Requirement for GPS Tracking Devices

Justia columnist and attorney David Kemp discusses a recent decision by the U.S. Court of Appeals for the Third Circuit requiring law enforcement officers to have a valid warrant before installing a GPS tracking device on a suspect’s vehicle. Kemp describes the facts of the case and the reasoning the court used to reach its decision. He argues that the court’s interpretation of the Fourth Amendment is not only correct, but also indicative of what is necessary to ensure that constitutional law keep up with the technology available to law enforcement.

Should the United Nations Be Liable for the Haiti Cholera Epidemic?

Justia columnist and attorney David Kemp discusses a recent federal lawsuit filed against the United Nations for allegedly causing a cholera epidemic in Haiti. Kemp discusses factors weighing for and against finding the U.N. liable for the epidemic in light of recent evidence all but establishing that U.N. peacekeepers introduced the deadly disease to the struggling country. Kemp notes that as a policy matter, the threat of lawsuits should not serve to discourage international humanitarian aid, but nor should aid organizations be immune from liability for gross misconduct. Ultimately, Kemp concludes that the optimal outcome would be a declaratory judgment against the U.N. but without an award of monetary damages.

When Can Administrative Claims Preclude Constitutional Claims?

Justia columnist and attorney David Kemp discusses a case argued before the U.S. Supreme Court on the first day of its 2013-2014 Term. That case, Madigan v. Levin, raises the question whether the Age Discrimination in Employment Act (ADEA) precludes age discrimination claims brought directly under the Equal Protection Clause. Kemp notes that the particular facts of the case and the tone of arguments at the Supreme Court suggest that the Court may not decide the case on the merits. However, he argues that the case does present important questions on the power of Congress to abrogate individuals’ right to sue for constitutional violations, and its duty to do so only when the statutory remedies are both adequate and broadly accessible.

Is Virginia the Next Major Same-Sex Marriage Battlefield?

Justia columnist and attorney David Kemp describes two recent lawsuits filed in Virginia challenging that state’s laws prohibiting same-sex marriages. Kemp describes the two cases, explains why Virginia is a favorable venue for such legal challenges, and notes the prevalence of other similar cases around the country. Kemp concludes that the existence of so many cases challenging discriminatory laws must be seen as a step in the right direction for same-sex marriage advocates.

A South Carolina Same-Sex Marriage Challenge, and Predictions as to the Outcome of Future Litigation in This Area

Justia columnist and attorney David Kemp discusses a recent case filed in federal court in South Carolina challenging the state’s prohibition on same-sex marriages. Kemp describes the facts and arguments of that case, Bradacs v. Haley, and compares it to another recent case filed in Ohio challenging that state’s own laws precluding recognition of same-sex marriages. Kemp notes one particular parallel between arguments in the two cases and predicts, based on this parallel, that we will see similar challenges in several other states with comparably structured domestic relations laws.

Why Leaker Chelsea Manning Should Receive Appropriate Medical Care in Prison

Justia columnist and attorney David Kemp discusses the request by government leaker Chelsea Manning, formerly Bradley Manning, that she receive hormone treatment while in military prison. Kemp discusses several decisions by federal courts, all of which have held that prisons are constitutionally required to provide transgender inmates with necessary medical care. He argues that as a matter of public policy and constitutional law, the military prison holding Manning should also provide her needed medical care.

The Imminent Demise of Section 2 of the Defense of Marriage Act

Justia columnist and attorney David Kemp discusses the recent grant of a temporary restraining order by a federal judge in Ohio, effectively suspending that state’s ban on recognition of out-of-state same-sex marriages. Kemp discusses the facts and reasoning behind the decision in that case, Obergefell v. Kasich. He then considers the background of Section 2 of the Defense of Marriage Act (DOMA). He concludes that although Obergefell does not expressly address DOMA, in practice it signals an imminent shift toward overturning the remaining section of that federal law.

A Case Against the Six-Person Jury for Serious Crimes

In light of debate surrounding the recent Zimmerman murder trial and its six-person jury, Justia columnist and attorney David Kemp discusses the U.S. Supreme Court’s jurisprudence on the size of juries in criminal trials. He describes the role of the jury as understood both by our nation’s founders and by the Supreme Court and explains how that understanding has changed over time. Kemp ultimately calls for a return to the traditional twelve-person criminal jury panel to advance both the appearance and reality of justice.

Doctors and Lawyers and Such: A Pediatric Lung Transplant Case Illustrates the Complex Relationship Between the Government and Medical Providers

Justia columnist and attorney David Kemp comments on a recent case in which a child received a much-needed pediatric lung transplant as the result of a federal lawsuit that triggered a policy change. He discusses the policy and the arguments the parents of the child put forth for changing it. He argues that the case illustrates a function relationship among experts, legislators, and judges—but only in ideal circumstances. He critiques the community of medical experts as failing to review and update policies to keep up with the latest scientific knowledge, particularly on such crucial issues like eligibility for donated organs.