Trending Articles

Hemp Litigation: D.C. Trial Court Dismisses Hemp Industry Challenge to DEA Interim Final Rule

HarrisBricken

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”).

Court of Appeals of Mississippi Find Statement Against Interest Inadmissible Under Rule 804(b)(3)(B)

EvidenceProf Blog

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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FREE Webinar Tomorrow, May 4! Cannabis in New York: Intro to the Marijuana Regulation and Taxation Act

HarrisBricken

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.

Ninth Circuit Grants Qualified Immunity to LAPD Detectives Who Used Psychological Torture to Get a False Confession From a 13 Year-Old

EvidenceProf Blog

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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Wills, Trusts, and Estates: The Essentials of Wealth Management

Speaker: Vi Pham, Attorney at Law

Wealth management is a guaranteed practice: as paralegals, it's essential that you know the complexities of wealth management in order to ensure that your client's rights are protected to their fullest extent. Join Vi Pham, Attorney and educator, in this exclusive webinar that will leave you feeling brushed up and ready. This seminar meets the requirements of the NALA Certifying Board for continuing legal education credit required to maintain the CP (Certified Paralegal) credential.

Grammar Giggle – NFL News

ProofThatBlog

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.

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EU lawmakers reach deal to protect children from online sexual abuse

JURIST

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.

California Cannabis Changes: What Might We See From the DCC?

HarrisBricken

Tenants Can Hold Debt Collectors Accountable for Illegal Evictions

Diane Drain

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).

A 50 State Court Covid-19 Operations List

CourtTechBulletin

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.

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Supreme Court of Canada rules police officers cannot sue Crown prosecutors for misfeasance

JURIST

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.

Court in Hawala Operation Case Allows Interrogation About Witness's Involvement in Murder-For-Hire Plot

EvidenceProf Blog

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.

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When Forensic Evidence Convicts the Innocent

The Crime Report

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.

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Announcement: IJIS eXCHANGE - Virtual Summit Series: Data is the Key

CourtTechBulletin

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.

Malawi Supreme Court rules death penalty unconstitutional

JURIST

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.

California Cannabis Supply Chain Contracts: Fee-Shifting Provisions

HarrisBricken

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.

Middle District of Pennsylvania Finds 20 Year Old Convictions Admissible to Impeach Cooperating Witness

EvidenceProf Blog

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

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Truth, Lies and Police Lineups

The Crime Report

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.

Court rules against government on technical question of notice requirement in immigration law

SCOTUSBlog

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.

25 million in Myanmar could live in poverty next year: UN report

JURIST

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.

Cannabis Litigation: Third-Party Subpoenas and the Illegality Defense

HarrisBricken

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. .

Third Annual Evidence Summer Workshop on Friday, August 6.

EvidenceProf Blog

The Third Annual Evidence Summer Workshop (ESW2021) will be held online as a Zoom conference on Friday, August 6 (Download CFP 2021 Final).

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New York Parole System Called ‘Reincarceration Machine’

The Crime Report

Photo by Erik McGregor/Gotham Gazette.

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Learning To Love “Content Modification”: Facebook’s New Campaign Should Have Free Speech Advocates Nervous

JonathanTurley

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.

Federal appeals court allows Navajo Nation water supply claim against Interior Department to go forward

JURIST

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.

California Cannabis Agency Consolidation Will Affect Cannabis Contracts

HarrisBricken

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.

Justices turn down cadet’s attempt to sue government over sexual assault

SCOTUSBlog

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.

Black Crime Victims ‘Systematically Excluded’ from Victim Rights Efforts

The Crime Report

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. .

Prisoners Enforcing their Rights

PatentlyO

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.

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Germany top court rules climate change law is insufficient

JURIST

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.

A Primer On the Duty to Preserve Evidence – And What Can Happen If You Don’t

HarrisBricken

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.