Tue.Jun 22, 2021

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Why You Should Say ‘Yes’ To That Interview

Above The Law

Carefully consider the pros and cons of the opportunity before ruling it out as an outright 'no.'.

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Court Circumscribes Firearm Toolmark Testimony in Murder Trial

EvidenceProf Blog

With firemark toolmark testimony, a ballistics expert testifies that a particular shell casing came from a particular gun. Here is how we described it in our recent Undisclosed series about the Darrell Ewing trial: When Derrico Searcy was arrested for.

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Trending Sources

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UN rights chief condemns Ethiopia for ‘dire’ humanitarian situation

JURIST

UN High Commissioner for Human Rights Michelle Bachelet condemned the humanitarian crisis in Tigray, Ethiopia, in a statement delivered Monday at the forty-seventh session of the Human Rights Council. Bachelet said that Eritrean soldiers in Tigray “perpetrate violations of human rights and humanitarian law.” The UN estimates that more than 350,000 persons in Tigray are living in a famine.

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A New NCSC ODR Evaluation Measures Report

CourtTechBulletin

NCSC Releases Evaluation and Performance Measures Framework for Online Dispute Resolution (ODR) Programs In response to the COVID-19 pandemic, state courts accelerated efforts to implement online dispute resolution (ODR) programs that offer litigants a software platform in which to resolve legal problems, including negotiating settlements or exchanging information in preparation for in-court hearings.

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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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Spin Cycle: How Quickly Do Your Cases Move?

NCBA Law Practice Management Blog

Lawyers look for revenue in all types of places. Sometimes they try to reduce overhead. Sometimes they try to generate more leads. Sometimes they try to convert more leads. Sometimes they try to throw more money at the problem. Sometimes they try to throw less money at the problem. If most of those solutions haven’t worked – keep reading. O ne place you can find lost revenue is by focusing on your current clients.

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More Trending

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Canada loosens travel restrictions beginning July 5

JURIST

Canada announced the first phase of easing of border restrictions on Monday, as a result of the successful rollout of COVID-19 vaccinations in Canadian provinces. Beginning July 5, eligible, fully vaccinated travelers will no longer have to quarantine in a government-designated hotel. But eligible travelers currently only include Canadian citizens, permanent residents and those falling under the Indian Act.

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America Needs a ‘Lawyers Justice Corps’: Paper

The Crime Report

A Lawyers Justice Corps should replace the bar exam as a certification of competence for new attorneys, argues Touro College Law Prof. Eileen Kaufman in a forthcoming paper in the University of St. Thomas Law Journal. Calling the proposal a partial response to the pandemic — COVID-19 has expanded the need for new lawyers while modifying in-person bar exams — Kaufman said that a Lawyers Justice Corps (LJC) would create an “equitable” licensing method while enhancing “access to justice.”.

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Federal appeals court blocks order overturning California assault weapon ban

JURIST

A three-judge panel of the US Court of Appeals for the Ninth Circuit on Monday granted a 30-day stay of a California judge’s ruling to overturn the state’s ban on assault weapons. The order comes just over two weeks after US District Judge Roger Benitez declared California’s 32-year-old Assault Weapons Control Act (AWCA) an unconstitutional restriction on the Second Amendment of the US Constitution.

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“The Politics of Supreme Court Retirements: Amid calls for Justice Stephen Breyer to step down, the legal scholar Noah Feldman considers politics, partisanship, and the Court.”

HowAppealing

“The Politics of Supreme Court Retirements: Amid calls for Justice Stephen Breyer to step down, the legal scholar Noah Feldman considers politics, partisanship, and the Court.” Isaac Chotiner has this “Q&A” online at The New Yorker.

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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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US Supreme Court rules administrative patent judge powers violate appointments clause

JURIST

The US Supreme Court ruled 5-4 on Monday in United States v. Arthrex that the America Invents Act gives powers to Administrative Patent Judges (APJs) that are inconsistent with the appointments clause of the US Constitution. APJs operate within the US Patent and Trademark Office (USPTO), which is a subsection of the Department of Commerce. The Secretary of Commerce and the Director of the USPTO are nominated by the President and confirmed by the Senate as outlined in the Constitution.

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“Why Justice Breyer Will Resign at the End of This Court Term: Despite a lot of words about not politicizing the Court, he will do the right thing — and his former clerk is likely to take his seat.”

HowAppealing

“Why Justice Breyer Will Resign at the End of This Court Term: Despite a lot of words about not politicizing the Court, he will do the right thing — and his former clerk is likely to take his seat.” Law professor Randall Kennedy has this essay online at The American Prospect.

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The Risks of ‘Driving While Black’ in Baltimore County

The Crime Report

More than half of all drivers pulled over, searched, cited, and arrested last year by the Baltimore County Police (BCoPD) were African American, reports the Baltimore Sun. Despite the BCoPD’s efforts to address racial disparities in traffic stops in a county where Black residents make up less than a third of the population, a disproportionate number were still pulled over, a review of 2020 traffic stops by the county’s Equitable Policing Advisory Group showed.

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“Clarence Thomas vs. the Fictional Progressive Narrative: His writings from the bench frequently bust popular left-wing myths about race and justice.”

HowAppealing

“Clarence Thomas vs. the Fictional Progressive Narrative: His writings from the bench frequently bust popular left-wing myths about race and justice.” Columnist Jason L. Riley will have this op-ed in Wednesday’s edition of The Wall Street Journal.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Simple Practices Can Make or Break a Law Firm’s Reputation

LegalReader

Awareness of the client’s perspective will go a long way in improving a law practice and also improving the profession’s reputation. Though I don’t think lawyer jokes are going away anytime soon.

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“Appeals court to decide fate of California’s ban on high-capacity gun magazines”

HowAppealing

“Appeals court to decide fate of California’s ban on high-capacity gun magazines”: Maura Dolan of The Los Angeles Times has this report. And Bianca Bruno of Courthouse News Service reports that “ Ninth Circuit Questions Commonality of Large-Capacity Magazines Banned by California; Large-capacity gun magazines holding 10 or more rounds of ammunition are used in virtually all mass shootings; They are also frequently sold as a standard firearm attachment with the most popular guns

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Found Patentable -or- Not Proven Unpatentable

Patently O

Hypo: PTAB issues final written decision siding with patentee, PTO issues the IPR Certificate maintaining the claims. What is the legal result regarding the claims: — Dennis Crouch (@patentlyo) June 22, 2021. = = = =. by Dennis Crouch. In an Inter Partes Review (IPR), the PTAB generally focuses on whether or not the claims have been proven unpatentable.

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“Sixth Circuit Reinstates Tennessee Restrictions on First-Time Voters; A divided appeals panel put back in place a Tennessee law that prohibits first-time voters from using absentee ballots, after finding the underlying challenge had been mooted”

HowAppealing

“Sixth Circuit Reinstates Tennessee Restrictions on First-Time Voters; A divided appeals panel put back in place a Tennessee law that prohibits first-time voters from using absentee ballots, after finding the underlying challenge had been mooted”: Kevin Koeninger of Courthouse News Service has this report on a ruling that a divided three-judge panel of the U.S.

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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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New ABA data parses out bar exam pass rates by race and ethnicity

ABA Journal

According to data released Tuesday by the American Bar Association's Section of Legal Education and Admissions to the Bar, 87.

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“Iowa abortion law requiring 24-hour waiting period permanently blocked by district court”

HowAppealing

“Iowa abortion law requiring 24-hour waiting period permanently blocked by district court”: William Morris and Stephen Gruber-Miller of The Des Moines Register have this report. And Grant Schulte of The Associated Press reports that “ Iowa court blocks mandatory waiting period for abortion.” You can access yesterday’s ruling of the Johnson County, Iowa District Court at this link.

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Counterfeit Gucci, Rolex, Louis Vuitton Goods Are the Most-Heavily Featured on TikTok, Says New Study

The Fashion Law

Young shoppers are “no longer turning to retailers to figure out what products to buy, how to wear their hair, or what makeup styles are trending – they are figuring it out for themselves on TikTok,” NBC’s Leticia Miranda and Kalhan Rosenblatt wrote this week , reflecting on rise of the 4-year-old short video-sharing app, which is slated to have almost 80 million U.S. users by the end of the year.

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Ninth Circuit decides the fate of three separate lawsuits accusing Facebook, Google, and Twitter of aiding terrorism

HowAppealing

Ninth Circuit decides the fate of three separate lawsuits accusing Facebook, Google, and Twitter of aiding terrorism: You can access today’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit , in which each of the three judges on the panel issued an opinion, at this link.

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Optimizing Contract Management and Enhancing Team Collaboration: Insights from a Legal Operations Perspective

Speaker: Adina Marta Newman

Learn about a world of effective contract management and seamless teamwork across departments in this upcoming webinar from Cobblestone Software. You'll discover practical strategies and tips that legal professionals can use to streamline contract processes and enhance collaboration, making significant impact across legal and corporate departments. Join us as we show how you can supercharge contract processes, improve team communication, and take your contributions to the next level.

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Supreme Court Rules Tribal Police Can Detain and Search Non-Native Americans

Constitutional Law Reporter

In United States v. Cooley, 593 U.S. _ (2021) , the U.S. Supreme Court unanimously held that a tribal police officer has the authority to detain temporarily and to search non-Indian persons traveling on public rights-of-way running through a reservation for potential violations of state or federal law. Facts of the Case. Late one night, Officer James Saylor of the Crow Police Department approached a truck parked on United States Highway 212, a public right-of-way within the Crow Reservation in t

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“Appeals Court Revives Challenge to California Law Mandating Women Board Members; Federal judges say shareholder may sue over state’s 2018 law that requires public companies in California to have women directors”

HowAppealing

“Appeals Court Revives Challenge to California Law Mandating Women Board Members; Federal judges say shareholder may sue over state’s 2018 law that requires public companies in California to have women directors”: Theo Francis has this article in today’s edition of The Wall Street Journal reporting on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.

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Collaboration and Security In A Post-Pandemic World

LawTechnologyToday

The legal profession is about people and principles, not tools and technology. Even so, digital tools kept the legal services industry thriving when most of its workers stayed home to avoid COVID-19. Now, with a post-pandemic world on the horizon, the industry may face a technology reckoning. At least 75% of employees in the legal profession worked remotely during the pandemic, according to a Bloomberg Law survey.

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“11th Circuit Tosses Crypto Class Action Against Rapper TI; A three-judge panel referenced several of the rapper’s songs in a decision rejecting fraud claims against him”

HowAppealing

“11th Circuit Tosses Crypto Class Action Against Rapper TI; A three-judge panel referenced several of the rapper’s songs in a decision rejecting fraud claims against him”: Kayla Goggin of Courthouse News Service has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday. And at “The SDFLA Blog,” David Oscar Markus has a post titled “ Chief Judge Pryor channels his inner rapper.

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Visibility Into the Strategy & Supporting Documents of Major US Law Firms

Law Firm Intelligence by Trellis aggregates state trial court data across the Trellis platform enabling users to: look up a particular metric related to a specific law firm (such as, how many cases a law firm had or has against another law firm), and see the actual dockets and documents supporting the metric. Trellis data is maximized in a revolutionary and unique way to provide users an exclusive look into a law firm litigating in state trial courts.