Sun.Apr 30, 2023

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Mexico failed to take necessary measures to ensure equal access to education, UN committee rules

JURIST

A UN committee found Friday that Mexico failed to ensure inclusive education for a woman with an intellectual disability. Selene Militza García Vara brought a claim before the Committee on the Rights of Persons with Disabilities on the grounds that the Morelense Centre for Art had not appropriately secured inclusive access to tertiary education. The Committee on the Rights of Persons with Disabilities is responsible for monitoring States parties’ compliance with the Convention on the Righ

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“Politico Aims at Gorsuch and Misses; Another ‘ethics’ hit on a conservative justice turns to dust when you dig into the specifics”

HowAppealing

“Politico Aims at Gorsuch and Misses; Another ‘ethics’ hit on a conservative justice turns to dust when you dig into the specifics”: Nicholas Tomaino will have this op-ed in Monday’s edition of The Wall Street Journal. The post “Politico Aims at Gorsuch and Misses; Another ‘ethics’ hit on a conservative justice turns to dust when you dig into the specifics” appeared first on How Appealing.

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Europe human rights court orders Russia to pay $143M in damages for 2008 Georgia conflict

JURIST

The European Court of Human Rights Friday ordered Russia to pay approximately 130 million euros ($143 million) in compensation to Georgia, almost 15 years after the war in the South Caucasus. The case concerned allegations by the Georgian government that administrative practices by the Russian Federation amounted to breaches of the European Convention on Human Rights (the Convention), in connection with the armed conflict between Georgia and the Russian Federation in August 2008.

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“Feinstein has vowed to return to Washington, but what happens if she doesn’t?”

HowAppealing

“Feinstein has vowed to return to Washington, but what happens if she doesn’t?” Kwasi Gyamfi Asiedu and Seema Mehta have this article in today’s edition of The Los Angeles Times. The post “Feinstein has vowed to return to Washington, but what happens if she doesn’t?” appeared first on How Appealing.

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Empower Your Firm: The Modern Guide To Litigation Financing

Litigation is expensive. Expert witnesses, depositions, staffing, and a long list of other expenses can limit your firm’s options. They strain cash flow, limit taking on new clients, and can even impact case strategy. This guide simplifies the complex world of litigation financing and compares different models and how they can impact the access to justice your firm provides to clients.

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UN Special Rapporteur: Japan key to supporting crisis response in Myanmar

JURIST

Japan’s leadership would be vital in restarting a failing international response to the crisis in Myanmar, a UN-appointed independent rights expert urged Friday. Tom Andrews, UN Special Rapporteur, spoke at the end of a 10-day official visit to Japan, calling on the country to work with global allies to weaken the capacity of Myanmar’s military junta to attack its citizens. “The international community’s response to the crisis in Myanmar is failing, and that failure has c

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Human Rights Watch urges Thai authorities to release teenager detained for defaming monarchy

JURIST

Human Rights Watch (HRW) Friday called on Thai authorities to release a 15-year-old student activist who was detained after allegedly defaming the nation’s monarchy. Thanalop “Yok” Phalanchai was arrested in Bangkok on 28 March after police accused her of criticising the monarchy during a protest rally in October 2022. She was later charged with lèse-majesté (insulting the monarchy) offences and is being held at the Justice Ministry’s Ban Pranee Juvenile Vocational Traini

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“6 things to know about the case that will decide the future of abortion in Florida; The six-week abortion ban hinges on Florida Supreme Court’s ruling on current 15-week law”

HowAppealing

“6 things to know about the case that will decide the future of abortion in Florida; The six-week abortion ban hinges on Florida Supreme Court’s ruling on current 15-week law”: Romy Ellenbogen of The Tampa Bay Times has this report. The post “6 things to know about the case that will decide the future of abortion in Florida; The six-week abortion ban hinges on Florida Supreme Court’s ruling on current 15-week law” appeared first on How Appealing.

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UN discrimination report raises concerns of racial profiling, slavery and human rights violations across several countries

JURIST

The UN Committee on the Elimination of Racial Discrimination Friday issued findings concerning human rights in Argentina, Niger, the Philippines, Portugal, the Russian Federation and Tajikistan, reviewing their performance under the International Convention on the Elimination of All Forms of Racial Discrimination. The report found a series of racial inequities throughout the countries reviewed.

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“Judicial Notice (04.29.23): Full Disclosure; SCOTUS controversies persist, two infamous lawyers pass away, a Biglaw firm faces financial challenges, and other legal news from the week that was.”

HowAppealing

“Judicial Notice (04.29.23): Full Disclosure; SCOTUS controversies persist, two infamous lawyers pass away, a Biglaw firm faces financial challenges, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site. The post “Judicial Notice (04.29.23): Full Disclosure; SCOTUS controversies persist, two infamous lawyers pass away, a Biglaw firm faces financial challenges, and other legal news from the week that was.&

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Transforming eDiscovery: Document Summarization, Sentiment Analysis, And Chatbots Take Center Stage

A Synergistic Approach to eDiscovery In the space of eDiscovery, the convergence of document summarization, sentiment analysis, and chatbots represents a significant change in how legal professionals navigate and manage electronic information. These technologies not only expedite the review process but also empower legal teams with deeper insights into the emotional context and key information within electronic documents.

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Federal judge blocks Illinois assault rifle ban

JURIST

An Illinois federal district judge Friday issued a preliminary injunction to prevent the enforcement of Illinois’ Protect Illinois Communities Act (PICA) until there is a final determination as to the law’s constitutionality. The case is in the US District Court for the Southern District of Illinois. District Judge Stephen P. McGlynn issued the preliminary injunction pursuant to Federal Rules of Civil Procedure 65(a).

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“Echoes of History in New National Push to Shield Children Online; In the 1990s, the U.S. government limited what young people could see online, but lost a court fight challenging those rules; Now it’s happening again”

HowAppealing

“Echoes of History in New National Push to Shield Children Online; In the 1990s, the U.S. government limited what young people could see online, but lost a court fight challenging those rules; Now it’s happening again”: Kashmir Hill and Natasha Singer of The New York Times have this report. The post “Echoes of History in New National Push to Shield Children Online; In the 1990s, the U.S. government limited what young people could see online, but lost a court fight challen

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Pakistan police raid house of Chaudhry Parvez Elahi in failed arrest attempt

JURIST

Pakistani police Friday raided the house of Chaudhry Parvez Elahi, President of the Pakistan Tehreek-e-Insaf party and former Chief Minister of Punjab. At his residence in Lahore, 500 police and anti-corruption personnel attempted to arrest Elhai, but failed to do so after facing resistance from his supporters. Following the events of the raid, police registered a case against Elhai on terrorism charges for the alleged violent actions of his supporters.

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“Yale Law School Accepted a Donation for Clarence Thomas’s Portrait. Five Years Later, the Painting Is Nowhere To Be Seen.”

HowAppealing

“Yale Law School Accepted a Donation for Clarence Thomas’s Portrait. Five Years Later, the Painting Is Nowhere To Be Seen.” Eliana Johnson of The Washington Free Beacon has this report. The post “Yale Law School Accepted a Donation for Clarence Thomas’s Portrait. Five Years Later, the Painting Is Nowhere To Be Seen.” appeared first on How Appealing.

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Recipe for a Failed CLM Implementation

Selecting and implementing CLM technology can be daunting, leading to underutilization or abandonment. Factors like provider differentiation, inadequate planning, and lack of user training contribute to these failures. Recognizing these pitfalls is crucial for successful adoption, ensuring organizations harness the full potential of CLM for streamlined contract management.

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Ex Serbian policeman faces retrial in Croatia for alleged war crimes

JURIST

Former Serbian policeman Milenko Maric will be re-tried in Osijek, Croatia for alleged war crimes against the civilian population after his extradition from the UK in accordance with the Extradition Act 2003. Maric’s trial will begin on Tuesday for alleged crimes contrary to article 120(1) of the Basic Penal Law of the Republic of Croatia , including assaulting civilian detainees.

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“How Scalia Law School Became a Key Friend of the Court: The school cultivated ties to justices, with generous pay and unusual perks; In turn, it gained prestige, donations and influence.”

HowAppealing

“How Scalia Law School Became a Key Friend of the Court: The school cultivated ties to justices, with generous pay and unusual perks; In turn, it gained prestige, donations and influence.” Steve Eder and Jo Becker of The New York Times have this report. The post “How Scalia Law School Became a Key Friend of the Court: The school cultivated ties to justices, with generous pay and unusual perks; In turn, it gained prestige, donations and influence.” appeared first on How Ap

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Medicare, VHA Made $128M in Duplicate Payments, OIG Report Shows

Above The Law

Medicare could have saved $128 million if the Centers for Medicare and Medicaid Services had the correct controls in place to avoid duplicate payments with the Veterans Health Administration, an audit by the Office of Inspector General found.

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“Does standing follow the merits? Often. Not always.”

HowAppealing

“Does standing follow the merits? Often. Not always.” Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.” The post “Does standing follow the merits? Often. Not always.” appeared first on How Appealing.

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Contract Lifecycle Management: A Business Enabler Exploring On-Ground Challenges

CLM tools have always strived to push contract management into the digital age for almost 30 years. But the complexities of digitising a legal document are numerous. The current scenarios in business development have shown that having a fully automated CLM has become a mandate for every law firm and in-house legal department. To determine if you need a CLM system, it's essential to clearly identify the on-ground business challenges you aim to solve.

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Plain English for Lawyers: The Way to a C-Level Executive’s Heart

LLRX

Why is poor legal writing so prevalent? Jerry Lawson identifies three key reasons: fear, time, and lack of skills, and addresses directly a course to solve the lack of skills issue.

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“This Supreme Court is slow to issue rulings — glacially slow; The court has disposed of only 15 cases, with 44 cases yet to be decided before the usual conclusion of the term in June”

HowAppealing

“This Supreme Court is slow to issue rulings — glacially slow; The court has disposed of only 15 cases, with 44 cases yet to be decided before the usual conclusion of the term in June”: Lawrence Hurley of NBC News has this report. The post “This Supreme Court is slow to issue rulings — glacially slow; The court has disposed of only 15 cases, with 44 cases yet to be decided before the usual conclusion of the term in June” appeared first on How Appealing.

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Pete Recommends – Weekly highlights on cyber security issues, April 30, 2023

LLRX

Privacy and cybersecurity issues impact every aspect of our lives – home, work, travel, education, health and medical records – to name but a few. On a weekly basis Pete Weiss highlights articles and information that focus on the increasingly complex and wide ranging ways technology is used to compromise and diminish our privacy and online security, often without our situational awareness.

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Establishing Guidelines for Patent Damages: The Garretson v. Clark Case of 1884

Patently O

by Dennis Crouch Calculating damages for patent infringement can be a complex task, particularly when the invention is an improvement to an existing machine or product. The Supreme Court’s 1884 decision in Garretson v. Clark , 111 U.S. 120, helped establish a rule requiring apportionment in cases involving improvement patents. The plaintiff, Garretson held two patents covering improved mop heads and sued the defendants for infringement.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Whistleblowers Are the Conscience of Society, Yet Suffer Gravely For Trying to Hold the Rich and Powerful Accountable For Their Sins

LLRX

Lawyer, activist, author, and whistleblower Ashley Gjovik states: "I blew the whistle and was met with an experience so destructive that I did not have the words to describe what happened to me. I set out to learn if what happened to me is a known phenomenon and, if so, whether there are language and concepts to explain the experience. I found it is well studied.

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New Legislation Would Cut Off Access To The Courts And Immunize FDA Actions From Timely Judicial Review

FDA Law Blog

By Kurt R. Karst & Michael D. Shumsky — On May 2nd, the U.S. Senate Committee on Health, Education, Labor and Pensions (“Senate HELP”) is scheduled to take up legislation that could significantly limit access to the courts and immunize critical FDA decisions from timely judicial review. That bill is S. 1067, the “ Ensuring Timely Access to Generics Act of 2023 ,” and it would fundamentally transform the playing field for NDA, ANDA, BLA, and aBLA applicants seeking to preserve their rights i

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LLRX April 2023 Issue

LLRX

Articles and Columns for April 2023 Whistleblowers Are the Conscience of Society, Yet Suffer Gravely For Trying to Hold the Rich and Powerful Accountable For Their Sins – Lawyer, activist, author, and whistleblower Ashley Gjovik states: “I blew the whistle and was met with an experience so destructive that I did not have the words.

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Standard (and burden) of proof for jurisdiction agreements

Conflict of Laws

Courts are often required to determine the existence or validity of jurisdiction agreements. This can raise the question of the applicable standard of proof. In common law jurisdictions, the question is not free from controversy. In particular, Stephen Pitel has argued on this very blog that jurisdiction clauses should be assessed on the balance of probabilities, as opposed to the “good arguable case” standard that is commonly applied (see, in more detail, Stephen Pitel and Jonathan de Vries “T

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Dangers of Digital "Reporting": Legal Risks and Unreliable Transcripts

In the world of legal proceedings, the choice between a certified stenographer and digital "reporting" holds significant implications. Certified stenographers go through rigorous training and testing and stand as the gold standard for accuracy in capturing every word. Their expertise ensures a reliable record, a crucial foundation for legal cases.