Fri.Sep 10, 2021

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Supreme Court Clarifies Scope of Alien Tort Statute

Constitutional Law Reporter

In Nestlé USA, Inc. v. Doe , 593 U. S. _ (2021), the U.S. Supreme Court clarified when plaintiffs can seek redress in U.S. courts for human rights abuses that occur overseas. By a vote of 8-1, the Court held that to plead facts sufficient to support a domestic application of the Alien Tort Statute, 28 U.S.C. § 1350 , plaintiffs must allege more domestic conduct than general corporate activity.

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India government to allow women into national defence academy

JURIST

The central government informed the Indian Supreme Court Wednesday that the armed forces have “themselves decided” to induct women into the military through the National Defence Academy for permanent commission. The move comes just days after the Supreme Court issued an interim order allowing women to appear for the NDA admission exam in response to a petition alleging that the prohibition violated their right to equality and freedom of profession as guaranteed by Articles 14, 15, 16

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Court Tech News and Notes for September 2021

CourtTechBulletin

September means “back to school” days. Learning for my court tech friends includes CourtStack CMS training, the upcoming LegalXML Electronic Court Filing (ECF) face to face meeting at CTC 2021, planning for new Microsoft Teams capabilities, and Ontario’s new legal innovation regulatory sandbox project. Read more ».

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The Media and the ‘Right to be Forgotten’

The Crime Report

When it comes to seeking expungement of stories from the media, do some people seeking a clean start have an advantage when making their case to newspaper boards considering their requests? Should the boards be comprised of purely journalists? These are two of the questions raised in a recent paper “Newspaper Expungement,” written by Brian M.

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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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She guided us through the entire process – five stars

Diane Drain

“Diane is an excellent Bankruptcy Attorney – five stars ” M.W. Five stars. Diane is an excellent Bankruptcy Attorney. She guided my wife and I through the entire process. We highly recommend her to anyone who needs to file a bankruptcy. M.W. The post She guided us through the entire process – five stars appeared first on Diane L. Drain - Phoenix Arizona Bankruptcy Attorney.

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Chinese businessman sentenced to two years in prison for exporting technology to Chinese military university

JURIST

On Wednesday, U.S. District Court Judge Denise Casper sentenced Qin Shuren, founder of LinkOcean Technologies , to two years in federal prison for violating the Export Administration Regulations, as well as visa fraud, money laundering, and smuggling. Qin claims that the technologies were not top secret and he was unaware of the university’s intended use for the technology, which also has civilian and scientific use.

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Can Online Interventions Deter Offline Violence?

The Crime Report

The “robust” use of social media should be part of anti-violence efforts in troubled neighborhoods across the country, says the Council on Criminal Justice (CCJ). According to a new report from the council’s Working Group on Violent Crime, “offline altercations are increasingly triggered by online conflicts.”. “Cyber- or ‘internet-banging’ happens when individuals or groups taunt, insult, challenge, and threaten each other on social media, resulting in violent encounters in real life,” the repo

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“Breyer Warns Against Remaking The Court: ‘What Goes Around Comes Around.'”

HowAppealing

“Breyer Warns Against Remaking The Court: ‘What Goes Around Comes Around.'” Nina Totenberg had this audio segment on today’s broadcast of NPR’s “Morning Edition.” And NPR has posted on YouTube this additional video clip from the interview.

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Rikers Jail in ‘State of Emergency’

The Crime Report

The head of New York City jails acknowledged “serious problems” at Rikers Island hours before T he New York Post released video clips of three inmates attacking one another inside a cell. “The level of disorder here is deeply, deeply troubling,” Correction Commissioner Vincent Schiraldi said after viewing the clips. According to the New York Post , 500 doors at Rikers’ Robert N.

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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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“Federal judge who faced psych exam over ‘antisocial’ behavior says order was unconstitutional; U.S. District Judge John R. Adams must convince the D.C. Circuit that his reputation remains bruised, even after a psychiatric evaluation found no diagnosable mental disorder and the Judicial Council put the case to bed”

HowAppealing

“Federal judge who faced psych exam over ‘antisocial’ behavior says order was unconstitutional; U.S. District Judge John R. Adams must convince the D.C. Circuit that his reputation remains bruised, even after a psychiatric evaluation found no diagnosable mental disorder and the Judicial Council put the case to bed”: Samantha Hawkins of Courthouse New Service has this report.

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Local Newspaper Brings Not-So-Subtle Attack On Basic Constitutional Rights

Above The Law

Listen lawyers: no matter what work you do, you have a role to play in how criminal law gets reported.

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“Some Not Very Focused Preliminary Thoughts About the Shadow Docket (But Leading Up to Some Fundamentals about Constitutional Law)”

HowAppealing

“Some Not Very Focused Preliminary Thoughts About the Shadow Docket (But Leading Up to Some Fundamentals about Constitutional Law)”: Mark Tushnet has this post at the “Balkinization” blog.

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Serious Questions — See Also

Above The Law

Are You Saying This Is Frowned Upon? : Nine-month suspension recommended for "waving a gun around because you don't like COVID rules.". Wait, What's A "Protest"? : Ron DeSantis said any gathering of Black people. the judge disagreed. You Mean The Constitution? : Local media suggests asking for a lawyer is sus. It's not and lawyers should fight this nonsense.

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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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“Why Merrick Garland is channeling John Roberts in DOJ’s fight against the Texas abortion ban”

HowAppealing

“Why Merrick Garland is channeling John Roberts in DOJ’s fight against the Texas abortion ban”: Ariane de Vogue of CNN has this news analysis.

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Law school clinic wins reversal of 1993 conviction based on prosecutor’s remarks about ‘trickster lovers’

ABA Journal

A prosecutor’s closing argument about sadomasochistic “trickster lovers” made a 1993 sexual assault trial so fundamentally unfair that the conviction should be reversed, a federal…

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“The Texas Abortion Law Sleeper Issue: It Limits Access to Counsel.”

HowAppealing

“The Texas Abortion Law Sleeper Issue: It Limits Access to Counsel.” Leah Godesky and Kendall Turner have this essay online at Bloomberg Law.

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NC Non-Profit Creates Database to Monitor Police Misconduct

The Crime Report

A Durham, NC-based criminal justice organization, Emancipate NC, has launched a platform to monitor police misconduct throughout the state, allowing users to report negative experiences with law enforcement officers, reports the News & Observer. Complaints collected by the organization’s online tool will be used to form a database, creating an “institutional memory” about police officers across the state, Emancipate NC executive director Dawn Blagrove said.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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“McCarthy Takes House Proxy Voting Fight to Supreme Court”

HowAppealing

“McCarthy Takes House Proxy Voting Fight to Supreme Court”: Billy House of Bloomberg News has this report.

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Lex Machina Releases 2021 Contracts Litigation Report

LegalReader

Contracts case filings over the last three years showed a slight but steady increase through the pandemic, while franchise case filings fell sharply and damages awarded continued to climb.

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“Breyer’s airbrushed portrayal of the judicial process”

HowAppealing

“Breyer’s airbrushed portrayal of the judicial process”: Columnist Ruth Marcus has this essay online at The Washington Post.

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Jenner & Block settles with landlord in dispute over rent payments during pandemic

ABA Journal

Jenner & Block has settled a rent dispute with the landlord for its Chicago building that stemmed from unused office space during the COVID-19 pandemic.

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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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Ex-Consol Coal Prez Settles Gender Bias, Retaliation Suit

Law 360

The short-tenured president of coal-focused Consol Energy has reached a confidential settlement with the gas side of the company over her allegedly unequal pay and her retaliatory firing, according to filings in Pennsylvania state court.

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Justice Department Sues Texas Over Abortion Ban

The Crime Report

The Department of Justice filed a lawsuit Thursday challenging Texas’ near-total abortion ban as an “unconstitutional attack” on women that deprives them of abortion services “in open defiance” of U.S. Supreme Court precedent, reports Courthouse News Service. The Justice Department had been expected to mount a legal challenge to the ban after the Supreme Court allowed it to take effect Sept. 1.

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Lawyers Should Return Calls And Emails From Other Lawyers More Often

Above The Law

Returning calls and emails can have a substantial impact on building positive relationships with counterparts and moving a case forward.

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DOJ to Review Columbus, Ohio Police Department

The Crime Report

Following a series of fatal police shootings of Black people and an aggressive response to last summer’s protests, the U.S. Justice Department will review practices of the Columbus, Ohio police department, the StarTribune reports. Unlike most cities under Justice Department review, Columbus requested federal involvement days after a white officer fatally shot 16-year-old Ma’Khia Bryant.

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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.