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Federal Rule of Evidence 609(b) states the following This subdivision (b) applies if more than 10 years have passed since the witness’s conviction or release from confinement for it, whichever is later. Evidence of the conviction is admissible only if MORE
130 
What is Ediscovery? Some terms, concepts, products, and services make sense to us instantly. This happens before we ever even truly use or experience them. These are things that we don’t need to know the “how” to know the “why.”. MORE
Here is the outcome of a twitter poll on prisoner lawsuits. The poll was prompted by the pending lawsuit of Tormasi v. Western Digital. Tormasi is a patentee and has sued Western Digital for patent infringement. MORE
It’s often the most dramatic moment in a TV crime procedural: An eyewitness is brought into the station house to identify a crime suspect from a lineup. Tension builds as detectives await the definitive truth that will lead to a conviction. In real life, however, things are rarely as cut and dry. MORE
The US Court of Appeals for the Ninth Circuit on Wednesday revived a 2003 breach of trust claim by the Navajo Nation that would require the US government to allocate water for the tribe. MORE
This post discusses the use of the federal “illegality defense” in connection with third-party subpoenas in litigation. Let’s start with a review of the illegality defense. . MORE
Share The Supreme Court on Thursday issued a 6-3 opinion in Niz-Chavez v. Garland , reversing a lower court’s decision that had limited access to “cancellation of removal,” an important form of relief for noncitizens in deportation proceedings. MORE
Errors and unreliable science can undermine “every step” of the process of collecting forensic evidence, and it should be kept out of the courtroom until research confirms its validity. MORE
The Third Annual Evidence Summer Workshop (ESW2021) will be held online as a Zoom conference on Friday, August 6 (Download CFP 2021 Final). MORE
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In 1964, Stanley Kubrick released a dark comedy classic titled “ Dr. Strangelove or: How I Learned to Stop Worrying and Love the Bomb.” The title captured the absurdity of getting people to embrace the concept of weapons of mass destruction. MORE
Photo by Erik McGregor/Gotham Gazette. MORE
Over the next few months, California’s three cannabis agencies are going to consolidate their authority over the entire state’s industry into one new mega-agency: the Department of Cannabis Control. MORE
Register HERE ! New York just became the latest state to legalize recreational cannabis. It will likely be several months before industry regulations are released and license applications are possible, but NOW is the time to start preparing. MORE
25 million persons in Myanmar, half of the country’s population, could be living in poverty next year following the devastating impacts of COVID-19 and the military coup d’état , according to a new report from the UN Friday. MORE
California’s cannabis regime is set up to separate every point in the supply chain into different license types: cultivation, manufacturing, distribution, testing, and retail sales, to name a few. MORE
The Supreme Court of Canada (SCC) on Friday held that police officers cannot sue Crown prosecutors over actions they claim damaged their reputation. In an 8-1 decision, the SCC found that the police cannot sue Crown prosecutors for misfeasance, the wrongful exercise of lawful authority. MORE
The IJIS Institute has scheduled two virtual Zoom seminars for Tuesday, June 15, 2021. They write: "From incident to final resolution and beyond, every action our courts take relies on accurate, complete, and timely data to best-inform decisions about people, cases, process, and policy. MORE
CFPB Rule Clarifies Tenants Can Hold Debt Collectors Accountable for Illegal Evictions. Bureau Issues Interim Final Rule on Fair Debt Collection Practices Act (reprint April 19, 2021). MORE
Federal Rule of Evidence 608(b) states that Except for a criminal conviction under Rule 609, extrinsic evidence is not admissible to prove specific instances of a witness’s conduct in order to attack or support the witness’s character for truthfulness. MORE
A local newspaper was apparently so intent on getting news out about rumors of a possible NFL trade that they forgot to read the news story. Here is just one paragraph of that story that I found three errors in–and I’m not even a real football fan! Follow. MORE
Germany’s Federal Constitutional Court held Thursday that several provisions in the country’s Federal Climate Change Act of 2019 were insufficient and violate freedoms in the Basic Law. MORE
Negotiators from the European Council and Parliament have reached a provisional agreement to temporarily allow electronic communications services such as Facebook and Microsoft to scan for and remove online sexual abuse, according to a press release Thursday. MORE
The Supreme Court of Appeal in Malaw ruled Wednesday that the imposition of the death penalty is unconstitutional and contrary to the right to life guaranteed by the Constitution of Malawi. It further ordered the re-sentencing of all convicts facing execution. MORE
Share The Supreme Court won’t weigh in on whether a West Point cadet who was sexually assaulted by a fellow classmate can sue the federal government. The justices announced on Monday morning that they will not hear oral argument in Doe v. MORE
On May 3, the District Court for the District of Columbia ( “trial court”) dismissed a petition filed by the Hemp Industries Association and others (“Petitioners”) challenging a DEA interim final rule (the “ Rule ”) that amended its regulations following the enactment of the Agricultural Improvement Act of 2018 (“2018 Farm Bill”). MORE
Similar to its federal counterpart, Mississippi Rule of Evidence 804(b)(3) provides an exception to the rule against hearsay for A statement that: (A) a reasonable person in the declarant’s position would have made only if the person believed it to MORE
The Justia legal information company has posted a compendium of state court Covid-19 operations in all 50 states. They write that “State court systems across the country have significantly altered their operations in response to the coronavirus pandemic. MORE
Photo by booturtle via Flickr. Black victims of crime in America are under-represented in the media, and as a result rarely get the institutional and legal recognition given their white counterparts, according to a forthcoming study in the Lewis & Clark Law Review. . MORE
The qualified immunity doctrine insulates governmental agents from liability for unconstitutional acts as long “as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” The primary purpose of the doctrine MORE
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Most people know that any party to litigation unquestionably owes an “uncompromising duty to preserve” what they know or reasonably should know may be relevant evidence in their lawsuit. MORE
HarrisBricken
MAY 5, 2021
On May 3, the District Court for the District of Columbia ( “trial court”) dismissed a petition filed by the Hemp Industries Association and others (“Petitioners”) challenging a DEA interim final rule (the “ Rule ”) that amended its regulations following the enactment of the Agricultural Improvement Act of 2018 (“2018 Farm Bill”).
EvidenceProf Blog
MAY 5, 2021
Similar to its federal counterpart, Mississippi Rule of Evidence 804(b)(3) provides an exception to the rule against hearsay for A statement that: (A) a reasonable person in the declarant’s position would have made only if the person believed it to
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HarrisBricken
MAY 3, 2021
Register HERE ! New York just became the latest state to legalize recreational cannabis. It will likely be several months before industry regulations are released and license applications are possible, but NOW is the time to start preparing.
EvidenceProf Blog
MAY 2, 2021
The qualified immunity doctrine insulates governmental agents from liability for unconstitutional acts as long “as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” The primary purpose of the doctrine
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ProofThatBlog
APRIL 30, 2021
A local newspaper was apparently so intent on getting news out about rumors of a possible NFL trade that they forgot to read the news story. Here is just one paragraph of that story that I found three errors in–and I’m not even a real football fan! Follow.
Paralegal Brief brings together the best content for paralegals and legal professionals from the widest variety of industry thought leaders
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JURIST
MAY 2, 2021
Negotiators from the European Council and Parliament have reached a provisional agreement to temporarily allow electronic communications services such as Facebook and Microsoft to scan for and remove online sexual abuse, according to a press release Thursday.
Diane Drain
MAY 4, 2021
CFPB Rule Clarifies Tenants Can Hold Debt Collectors Accountable for Illegal Evictions. Bureau Issues Interim Final Rule on Fair Debt Collection Practices Act (reprint April 19, 2021).
CourtTechBulletin
MAY 3, 2021
The Justia legal information company has posted a compendium of state court Covid-19 operations in all 50 states. They write that “State court systems across the country have significantly altered their operations in response to the coronavirus pandemic.
JURIST
MAY 3, 2021
The Supreme Court of Canada (SCC) on Friday held that police officers cannot sue Crown prosecutors over actions they claim damaged their reputation. In an 8-1 decision, the SCC found that the police cannot sue Crown prosecutors for misfeasance, the wrongful exercise of lawful authority.
EvidenceProf Blog
MAY 3, 2021
Federal Rule of Evidence 608(b) states that Except for a criminal conviction under Rule 609, extrinsic evidence is not admissible to prove specific instances of a witness’s conduct in order to attack or support the witness’s character for truthfulness.
The Crime Report
MAY 3, 2021
Errors and unreliable science can undermine “every step” of the process of collecting forensic evidence, and it should be kept out of the courtroom until research confirms its validity.
CourtTechBulletin
APRIL 29, 2021
The IJIS Institute has scheduled two virtual Zoom seminars for Tuesday, June 15, 2021. They write: "From incident to final resolution and beyond, every action our courts take relies on accurate, complete, and timely data to best-inform decisions about people, cases, process, and policy.
JURIST
APRIL 29, 2021
The Supreme Court of Appeal in Malaw ruled Wednesday that the imposition of the death penalty is unconstitutional and contrary to the right to life guaranteed by the Constitution of Malawi. It further ordered the re-sentencing of all convicts facing execution.
HarrisBricken
MAY 4, 2021
California’s cannabis regime is set up to separate every point in the supply chain into different license types: cultivation, manufacturing, distribution, testing, and retail sales, to name a few.
EvidenceProf Blog
MAY 1, 2021
Federal Rule of Evidence 609(b) states the following This subdivision (b) applies if more than 10 years have passed since the witness’s conviction or release from confinement for it, whichever is later. Evidence of the conviction is admissible only if
The Crime Report
MAY 4, 2021
It’s often the most dramatic moment in a TV crime procedural: An eyewitness is brought into the station house to identify a crime suspect from a lineup. Tension builds as detectives await the definitive truth that will lead to a conviction. In real life, however, things are rarely as cut and dry.
SCOTUSBlog
APRIL 29, 2021
Share The Supreme Court on Thursday issued a 6-3 opinion in Niz-Chavez v. Garland , reversing a lower court’s decision that had limited access to “cancellation of removal,” an important form of relief for noncitizens in deportation proceedings.
JURIST
MAY 3, 2021
25 million persons in Myanmar, half of the country’s population, could be living in poverty next year following the devastating impacts of COVID-19 and the military coup d’état , according to a new report from the UN Friday.
HarrisBricken
MAY 1, 2021
This post discusses the use of the federal “illegality defense” in connection with third-party subpoenas in litigation. Let’s start with a review of the illegality defense. .
EvidenceProf Blog
APRIL 29, 2021
The Third Annual Evidence Summer Workshop (ESW2021) will be held online as a Zoom conference on Friday, August 6 (Download CFP 2021 Final).
The Crime Report
MAY 3, 2021
Photo by Erik McGregor/Gotham Gazette.
JonathanTurley
MAY 3, 2021
In 1964, Stanley Kubrick released a dark comedy classic titled “ Dr. Strangelove or: How I Learned to Stop Worrying and Love the Bomb.” The title captured the absurdity of getting people to embrace the concept of weapons of mass destruction.
JURIST
MAY 1, 2021
The US Court of Appeals for the Ninth Circuit on Wednesday revived a 2003 breach of trust claim by the Navajo Nation that would require the US government to allocate water for the tribe.
HarrisBricken
APRIL 29, 2021
Over the next few months, California’s three cannabis agencies are going to consolidate their authority over the entire state’s industry into one new mega-agency: the Department of Cannabis Control.
SCOTUSBlog
MAY 3, 2021
Share The Supreme Court won’t weigh in on whether a West Point cadet who was sexually assaulted by a fellow classmate can sue the federal government. The justices announced on Monday morning that they will not hear oral argument in Doe v.
The Crime Report
APRIL 30, 2021
Photo by booturtle via Flickr. Black victims of crime in America are under-represented in the media, and as a result rarely get the institutional and legal recognition given their white counterparts, according to a forthcoming study in the Lewis & Clark Law Review. .
PatentlyO
MAY 4, 2021
Here is the outcome of a twitter poll on prisoner lawsuits. The poll was prompted by the pending lawsuit of Tormasi v. Western Digital. Tormasi is a patentee and has sued Western Digital for patent infringement.
JURIST
APRIL 30, 2021
Germany’s Federal Constitutional Court held Thursday that several provisions in the country’s Federal Climate Change Act of 2019 were insufficient and violate freedoms in the Basic Law.
HarrisBricken
APRIL 30, 2021
Most people know that any party to litigation unquestionably owes an “uncompromising duty to preserve” what they know or reasonably should know may be relevant evidence in their lawsuit.
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