Sat.Jul 17, 2021

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India court notes right to be forgotten for those acquitted of crimes as new fundamental right

JURIST

The High Court of Madras noted Friday that an accused person who is acquitted from all the charges is entitled to have their name redacted from all court orders in relation to the offences they were accused of in order to uphold their fundamental right to privacy. In the case before them, the petitioner had been acquitted of all criminal charges by the court and had pleaded to redact their name from all the court orders.

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Undisclosed Mega-Update Thread 8

EvidenceProf Blog

On Friday, July 16, 2020, DA Keith Higgins moved to drop charges against Dennis Perry because the evidence doesn't support a case against Perry for the murders of Harold and Thelma Swain. Assuming the judge signs off on the motion.

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Trending Sources

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European Court of Justice rules headscarves can be banned at work

JURIST

The European Court of Justice ruled Thursday that employers can forbid their staff from wearing visible symbols of religious or political belief, including headscarves, in order to present an image of neutrality. The Court decided on the matter following referrals from the Labour Court of Hamburg and the Federal Labour Court of Germany, which had requested the European Court consider whether the dismissal of two Muslim women from their employment over their non-compliance with orders to refrain

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“Get To Know The Wyoming Supreme Court’s New Chief Justice”

HowAppealing

“Get To Know The Wyoming Supreme Court’s New Chief Justice”: Catherine Wheeler of Wyoming Public Radio has this interview with new Chief Justice Kate M. Fox of the Supreme Court of Wyoming.

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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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Texas district court rules DACA unlawful

JURIST

A federal district court judge in the southern district of Texas ruled Friday that the Deferred Action for Childhood Arrivals (DACA) program was illegally created and issued a permanent injunction against the program. The ruling is the result of a lawsuit brought by a coalition of nine states which argued that the Department of Homeland Security (DHS) in 2012 under then-President Obama had violated rule-making procedures in creating the DACA program.

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Federal court rejects challenge to Michigan’s State Bar membership mandate

JURIST

The US Court of Appeals for the Sixth Circuit rejected Thursday a challenge to the mandatory membership requirements imposed by the State Bar of Michigan. Lucille Taylor, a lawyer from Michigan, challenged the state bar membership mandate on the grounds that it violates her freedom of association. Taylor further claimed that the Michigan Bar’s use of a portion of her mandatory membership dues for advocacy activities that she does not endorse violates her freedom of speech.

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“Interview: Marcia Coyle.”

HowAppealing

“Interview: Marcia Coyle.” Elise Spenner has this post at the “High School SCOTUS” blog.

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Germany loses case restricting the use of OPAL gas pipeline

JURIST

The Court of Justice of the European Union (CJEU) upheld Thursday a lower court ruling that restricted the increased flow of gas through Germany’s OPAL pipeline. The CJEU ruled that the concept of “energy solidarity” was well-grounded in European law, rejecting Germany’s argument that energy solidarity is merely a political concept.

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Out Now: Gömann on the Internal Conflict-of-Laws Regime of the GDPR

Conflict of Laws

Since 2016, the European General Data Protection Regulation has been one of the most popular topics of discussion, academic and otherwise. While the PIL discussion has mostly focused on the unilateral conflicts rule in Article 3 of the Regulation, which defines its “external” scope of application, some scholars – like Martina Mantovani on this blog – have pointed out that despite providing a unified regime that applies across the Union, the Regulation’s repeated deference of specific questions t

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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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Canadian military charges retired General Jonathan Vance with obstruction of justice

JURIST

The Canadian Forces National Investigation Service (CFNIS) charged Thursday retired Military General Jonathan Vance with obstruction of justice. In February, the CFNIS, a special unit within the Canadian Forces Military Police Group (CFMP), took charge of an investigation regarding alleged inappropriate behavior by General Vance toward two female subordinates.

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Voila! Let’s Arbitration! Blog Post-6: How to get interim relief in International Commercial Arbitration?

LexForti

In practice, the parties to a dispute often feel the need for interim measures in connection with an international commercial arbitration. Interim relief or measures, which are also known as conservatory and provisional remedies, provide a decision on the merits by the Arbitral Tribunal or Court to a party with an immediate and temporary protection of rights for property.

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UN human rights chief calls for immediate release of Cuban prisoners

JURIST

The United Nations High Commissioner for Human Rights Michelle Bachelet called Friday for the immediate release of Cuban protesters and journalists who are being held by authorities in the aftermath of some of the largest protests Cuba has seen in decades. On July 11, thousands of Cuban citizens took to the streets to express their disapproval of the Cuban government’s handling of the COVID-19 pandemic and to demand access to basic supplies like food and water.

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UN Human Rights experts appealed Indian Govt to halt Khori Gaon demolitions

LexForti

The United Nations Human Rights experts have appealed Indian government to review its decision of razing Khori Gaon in Faridabad, Haryana, which would result in mass eviction of almost one lakh people, out of which 20,000 are children and 5,000 pregnant and breast-feeding women. The experts asked the government to reconsider their plans as the same would leave several people homeless, given the monsoon season and surging threats of third wave of pandemic.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Planned Parenthood allowed to proceed with suit against Louisiana

JURIST

The Fifth Circuit ruled Thursday that two Planned Parenthood centers may pursue their claim to make Louisiana’s Department of Health “promptly rule” on one of the center’s applications for a license to operate as an abortion clinic, finding that the case fell under an exception to sovereign immunity. However, the Fifth Circuit determined that sovereign immunity protects Louisiana from Planned Parenthoods’ attempt to force the state into granting their application.

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The Lethality of Free Speech: Biden Denounces Big Tech as “Killing People” By Not Censoring Speech

JonathanTurley

President Joe Biden slammed Big Tech companies this week for “killing people” by failing to engage in even greater censorship of free speech on issues related to the pandemic. It was a surprising condemnation of companies who have been loyal allies of Biden, including killing stories embarrassing to his family like the Hunter Biden laptop scandal before the election.

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Amnesty report condemns Libya and EU for human rights abuse in detention camps

JURIST

Amnesty International released a report Thursday stating that migrants and refugees detained in Libyan detention centers face harrowing sexual violence from guards, including being forced to trade sex for clean food and water. The report is based on interviews with 53 refugees and migrants who were intercepted in the central Mediterranean and disembarked in western Libya between January 2020 and June 2021.

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The Gulf Shores: The Lodge and The Living With Hurricanes

JonathanTurley

In our final travel blog entry from the Gulf Shores, I wanted to discuss our hotel: The Lodge at Gulf Shores. There are a great variety of hotels and rental properties the area. However, the Lodge is one of the most interesting properties that you can choose. The $140 million, 350-room Hilton Hotel was built with money from the BP settlement after the 2010 Deepwater Horizon disaster, which devastated the area.

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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.

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US Capitol Police arrest leader of Black Congressional Caucus during protest

JURIST

The U.S. Capitol Police arrested Thursday nine individuals who were participating in a voting rights protest “in a prohibited area on Capitol Grounds.” Among the individuals arrested was Ohio’s Third Congressional District Representative Joyce Beatty, the leader of the Black Congressional Caucus. According to an official statement the U.S.

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Financial wellness tips | How Mary Kay shaped this lawyer’s career | Popehat’s take on Trump v. social media

LegalTalkNetwork

Other than clean living, among the things better addressed sooner than later, is financial health. This is true whether you’re swimming in debt or have money to burn. In a two-part series, Young Lawyer Rising hosts and guest Ravi Ramanathan discuss the hot issue of paying down law school debt, saving for retirement, and entertainment spending. The episodes put “Financial Wellness Minute” segment host Mathew Kerbis front and center in a casual but practical advice-packed conversation about how to

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US sanctions seven Chinese officials over Hong Kong democracy crackdowns

JURIST

The US Department of Treasury imposed Friday sanctions on seven Chinese government officials over the crackdown on democracy in Hong Kong. The seven individuals added to Treasury’s “ Specially Designated Nationals and Blocked Persons List ” list were Chen Dong, He Jing, Lu Xinning, Qiu Hong, Tan Tienui, Yang Jianping, and Yin Zonghua.