Sat.Mar 13, 2021 - Fri.Mar 19, 2021

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Call to Action in the Pervis Payne Case

EvidenceProf Blog

I'm reposting a prior post from January. Pervis Payne is scheduled to be executed on April 9th. I am asking readers to contact Governor BillLee (615-741-2001) to ask him to commue Pervis Payne's death sentence to a life sentence because.

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You Have a Reverse Mortgage: Know Your Rights and Responsibilities

Diane Drain

You have a reverse mortgage: Know your rights and responsibilities. Publication from Consumer Financial Protection Bureau “CFPB” Reverse mortgages can be a nightmare, leaving your spouse evicted from their home once the signing spouse dies. This in-depth guide teaches current reverse mortgage borrowers about their rights and responsibilities under a Home Equity Conversion Mortgage loan.

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Priority Claims in US Applications

Patently O

by Dennis Crouch. The vast majority of US non-provisional patent applications (utility) claim some form of priority relationship back to a previously filed patent document. The chart below shows the percentage of applications that assert these various forms of priority claims. Note that continuation applications have continued to rise while provisional applications show a plateau.

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Federal appeals court rules Uber cannot force arbitration of disability discrimination claims

JURIST

The US Court of Appeals for the Third Circuit ruled Wednesday that Uber Technologies, Inc. (Uber) cannot force plaintiffs to arbitrate their disability discrimination claims. The plaintiffs include motorized-wheelchair users from the Pittsburgh area and the Pittsburghers for Public Trust, which is a non-profit organization that aims to make “transportation … available and accessible to all, including people with limited mobility.” The plaintiffs alleged that Uber discriminated

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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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Southern District of Mississippi Rejects Reptile Theory Evidence

EvidenceProf Blog

Reptile strategy has taken the plaintiffs' bar by storm. The Reptile theory asserts that you can prevail at trial by speaking to, and scaring, the primitive part of jurors' brains, the part of the brain they share with reptiles. The.

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More Trending

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National Institute of Justice AI Articles Series

CourtTechBulletin

Via press release, March 16, 2021. NIJ has released a four-part series on Artificial Intelligence (AI) in the Criminal Justice System. Through the National Criminal Justice Reference Service , NIJ has made available the following final technical reports (these reports are the result of NIJ-funded projects but were not published by the U.S. Department of Justice).

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Hamburg archbishop resigns following landmark report on abuse in German Catholic churches

JURIST

Archbishop of Hamburg Stefan Hesse offered to resign Friday after allegations that he mishandled sexual abuse cases appeared in a lengthy report on abuse in the Archdiocese of Cologne. Professor Bjorn Gercke, who compiled the 800-page study, said it identifies more than 200 perpetrators and more than 300 victims of abuse from 1975 to 2018. In a statement , Hesse commended Gercke for compiling the report and said it has allowed him to see his own actions in a new light.

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Eighth Circuit Finds Prosecutor Didn't Commit Plain Error by Failing to Refer to Defendant by Their Preferred Pronouns

EvidenceProf Blog

Should prosecutors be required to refer to defendants by their preferred pronouns? That was the question of first impression addressed by the Eighth Circuit in its recent opinion in United States v. Thomason, 2021 WL 966844 (8th Cir. 2021). In.

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All about Estate Planning in Rocklin

LDA PRO

Before we discuss estate planning laws, you must know what an estate is. An estate is an individual’s personal possessions, real estate, or other holdings. When someone passes away, his or her estate is divided as per the wishes of the deceased or if there is no will, the decision is left up to probate court. In any case, it is better to plan your estate while you are young so that it can be managed according to your wishes.

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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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Bouncing Around the (Zoom) Room: Taking Advantage of Online Networking Opportunities

NCBA Law Practice Management Blog

Lawyers who relied totally on networking and the personal referrals generating therefrom have take a hit of late, as many of those in-person marketing opportunities have dried up, or been significantly reduced. It’s not the end of networking as we know it, even if it feels that way. A lot of those networking opportunities have moved online, and lawyers can now take advantage of broader marketing options via the web.

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Philippines Supreme Court dismisses petition against ICC withdrawal

JURIST

The Philippines Supreme Court on Tuesday dismissed a petition questioning the legal validity of President Rodrigo Duterte’s unilateral withdrawal from the International Criminal Court (ICC) in 2019, claiming that the issue had become “moot and academic.” The Philippines officially withdrew from the ICC on March 17, 2019, a year after Duterte had publicly announced the nation’s withdrawal.

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"Just About Any Felony": Court of Appeals of Georgia Finds Trial Judge Improperly Deemed Burglary a Crime of Dishonesty

EvidenceProf Blog

Similar to its federal counterpart, OCGA § 24-6-609(a) states the following: For the purpose of attacking the character for truthfulness of a witness: (1) Evidence that a witness other than an accused has been convicted of a crime shall be.

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You will not lose your 2021 Stimulus Payments if you File Bankruptcy (Maybe?)

Diane Drain

Protection of Stimulus Payments from a Bankruptcy Trustee. The following is from the NCLC Consumer Law Implications of the American Recovery Plan Act. Public Law No. 116-260 , Consolidated Appropriations Act of 2021, div. FF, tit. 10, § 1001(a) adds a new Bankruptcy Code § 541(b)(11) to the list of exclusions from property of the bankruptcy estate. It provides that “recovery rebates made under section 6428 of the Internal Revenue Code of 1986” are not property of the estate.

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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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“Are the Elite Supreme Court Advocates Better — or Just Better Known?”

HowAppealing

“Are the Elite Supreme Court Advocates Better — or Just Better Known?” Ross Guberman has this post at The Juris Lab.

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Myanmar dispatches: updates and analysis from JURIST correspondents in Myanmar

JURIST

JURIST EXCLUSIVE – A law student reporting for JURIST in Myanmar offered these reflections Monday about the direction of her country as the military junta cut off mobile data access and civilian casualties from police and military violence continued to mount. Some sources said more than 15 more people were killed after a particularly bloody Sunday that saw over 5o deaths, most of them in Yangon, Myanmar’s largest city.

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Court of Appeals of North Carolina Grants New Trial Based on Jurors Saying, “Someone -- that man died, so someone needs to go to prison.”

EvidenceProf Blog

Most errors at criminal trials are subject to a harmless error analysis. In other words, the appellate court looks at the gravity of the error and the overall weight of the evidence to decide whether the error was harmless (meaning.

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Review: Dennis Kennedy’s Successful Innovation Outcomes in Law

LLRX

Jerry Lawson is a lawyer, speaker, author, advisor and leader in the field of legal technology. If you are looking to get better results from your organization, whether a law firm or other legal organization, Lawson believes you can’t do better than letting Dennis Kennedy's recent book be your guide.

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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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Judge who maligned media can’t get coverage of his Broadway shows

HowAppealing

Judge who maligned media can’t get coverage of his Broadway shows: A longtime correspondent of this blog emailed tonight to note: I notice that Judge Silberman’s long dissent-in-part in Tah v. Global Witness contains what is either a clever pun or a truly inspired typographical error. On page three of his dissenting opinion he writes: “In that deal, Global Witness asserted that the National Oil Company paid bribes to legislators on behalf of the Broadway Consolidated oil compan

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London man found guilty of preparing for terrorist acts

JURIST

The Central Criminal Court of England and Wales convicted Sahayb Abu on Friday for attempting to carry out a terrorist attack after he created pro-Islamic state music videos and purchased weaponry online. The police first began investigating Abu last March when his “extremist mindset” drew their attention. Throughout the next few months, Abu “purchased a number of items that gave investigators cause for further concern—a lock knife, a ballistic vest, two balaclavas, fingerless

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Eastern District of Virginia Denies Qualified Immunity to Police Officer Who Sicced Police Dog on Non-Threatening Passenger

EvidenceProf Blog

In my new essay, "The End of Comparative Qualified Immunity," I argue that the one-two punch of the Supreme Court's recent opinion in Taylor v. Riojas and summary disposition in McCoy v. Alamu will significantly limit the qualified immunity defense.

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How we chose the Supreme 16, and other bracketology FAQs

SCOTUSBlog

To celebrate March Madness (and to have some fun during an unusually slow March argument calendar), SCOTUSblog is hosting the first-ever SCOTUS bracketology: a crowd-sourced tournament in search of the greatest Supreme Court justice of all time. You can find the opening round here. As. The post How we chose the Supreme 16, and other bracketology FAQs appeared first on SCOTUSblog.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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“In Paulina v. Leontes, Breyer presides over a trial inspired by the Bard”

HowAppealing

“In Paulina v. Leontes , Breyer presides over a trial inspired by the Bard”: Angie Gou has this post at “SCOTUSblog.

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Canada senate approves bill expanding medical assistance in dying

JURIST

Canada’s senate passed a bill on Wednesday that expands access to medically assisted dying for more Canadians with medical issues. The bill received royal assent a day later, thereby becoming law. The new legislation eliminates the requirement that a person’s death be “reasonably foreseeable” to obtain access. Now, those with serious medical issues may request medically assisted dying care so long as they meet the safeguard requirements.

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Should Alford Pleas be Admissible at Subsequent Civil Trials?

EvidenceProf Blog

When a defendant enters a traditional guilty plea, that plea is usually admissible against her at a subsequent civil action. So, for instance, if Dana pleaded guilty to involuntary manslaughter in connection with a fatal car accident, that plea would.

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Patently-O Bits and Bytes by Juvan Bonni

Patently O

Recent Headlines in the IP World: Miriam Berger: WHO Head Pushes for Waiver of Some Intellectual Property Rights for Coronavirus Vaccines, in Bid to Broaden Access (Source: The Washington Post). Emma Farge: China Extends Lead Over U.S. in Global Patents Filings, U.N. Says (Source: Reuters). Ali Salman: New Apple Patent Describes a System That Detects Light Through Display for Face ID and Touch ID (Source: WCCF Tech).

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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.