Tue.Feb 23, 2021

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The Supreme Court Issues a (Possibly) Landmark Ruling on Qualified Immunity

EvidenceProf Blog

Yesterday, the United States Supreme Court issued a summary disposition in McCoy v. Alamu that could end up being a landmark ruling on qualified immunity. So, what is qualified immunity? As the Supreme Court explained in Mullenix v. Luna, 577.

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Malaysia deports 1086 Myanmar immigrants, ignoring court order and calls from rights groups

JURIST

The Immigration Department of Malaysia said Tuesday that it has deported 1,086 “illegal” immigrants from Myanmar. The immigrants were deported through the RMN Lumut Base in Perak on 3 Myanmar Navy ships with cooperation from the Myanmar Embassy and the Royal Malaysian Navy. The government carried out the deportation despite a court order by the Kuala Lumpur High Court placing an interim stay to halt the same pending judicial review.

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“Supreme Court Term Limits — Here’s the Best Option”

HowAppealing

“Supreme Court Term Limits — Here’s the Best Option”: Tyler Cooper has this essay online at Bloomberg Law.

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Myanmar dispatches: updates and analysis from our law student correspondents in Myanmar

JURIST

JURIST EXCLUSIVE – One of JURIST’s law student correspondents in Myanmar reflects on the economic implications and realities of living in a country challenged by a coup and trying to function in the middle of protests and shutdowns, however voluntary. And she wonders in the midst of uncertainty and crisis who is really wise, and who is really patriotic.

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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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“The 12th Amendment’s Dangerous Defect: What if it had been up to Congress to choose the president Jan. 6?”

HowAppealing

“The 12th Amendment’s Dangerous Defect: What if it had been up to Congress to choose the president Jan. 6?” John Steele Gordon has this op-ed in today’s edition of The Wall Street Journal.

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More Trending

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“Federalism Shows Its Age Fighting Covid-19, Climate Change; A system designed for 13 former British colonies may no longer be enough for the challenges facing the U.S.”

HowAppealing

“Federalism Shows Its Age Fighting Covid-19, Climate Change; A system designed for 13 former British colonies may no longer be enough for the challenges facing the U.S.” Law professor Noah Feldman has this essay online at Bloomberg Opinion.

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Argentina emite sentencias en caso de tortura de ESMA

JURIST

El jueves el Juzgado 5º Federal de la Ciudad Autónoma de Buenos Aires condenó a varias personas involucradas en el caso Escuela de Mecánia de la Armada (ESMA). La ESMA fue el principal centro de detención clandestino de Argentina durante la última dictadura militar. Fue escenario de más de 800 delitos, como torturas, secuestros y asesinatos. Este es el cuarto caso relacionado con la ESMA, pero la primera vez que estas ocho personas han sido juzgadas por sus delitos.

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“Her Husband Got Covid-19. She’s Suing His Employer. The California lawsuit argues that the virus is akin to on-the-job toxins like asbestos.”

HowAppealing

“Her Husband Got Covid-19. She’s Suing His Employer. The California lawsuit argues that the virus is akin to on-the-job toxins like asbestos.” Law professor Stephen L. Carter has this essay online at Bloomberg Opinion.

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Justices to consider whether “hot pursuit” justifies entering the home without a warrant

SCOTUSBlog

An old English maxim instructs that a man’s home is his castle – a refuge from the outside world. On Wednesday the Supreme Court will hear oral argument in a case testing how much protection the Constitution provides to the home. At issue in Lange. The post Justices to consider whether “hot pursuit” justifies entering the home without a warrant appeared first on SCOTUSblog.

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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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“Appeals court tosses $44.7 million verdict in shooting by off-duty Chicago cop, says city can’t be held liable”

HowAppealing

“Appeals court tosses $44.7 million verdict in shooting by off-duty Chicago cop, says city can’t be held liable”: Jason Meisner and Stacy St. Clair of The Chicago Tribune have this report. And Jon Seidel of The Chicago Sun-Times reports that “ Federal appeals court tosses $44.7M judgment against city in shooting that left man severely disabled; A jury in 2017 found that onetime Chicago Police Officer Patrick Kelly shot his friend, Michael LaPorta, while off-duty; But the

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In interstate water dispute, two stories, conflicting evidence and an uncertain outcome

SCOTUSBlog

Two competing stories took center stage during Monday’s oral argument in Florida v. Georgia, the second time this case has appeared before the Supreme Court. As noted in the preview, the question is whether the court should issue an equitable apportionment decree that requires Georgia. The post In interstate water dispute, two stories, conflicting evidence and an uncertain outcome appeared first on SCOTUSblog.

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“The Court Won’t End Election Anarchy; The Justices demur on a case over Pennsylvania’s 10,000 late ballots”

HowAppealing

“The Court Won’t End Election Anarchy; The Justices demur on a case over Pennsylvania’s 10,000 late ballots”: This editorial appears in today’s edition of The Wall Street Journal.

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Liber amicorum in honour of Professor Iacyr de Aguilar Vieira

Conflict of Laws

The Société de législation comparée has published a liber amicorum in honour of Professor Iacyr de Aguilar Vieira entitled (in French): Études en l’honneur du Professeur Iacyr de Aguilar Vieira. This book has been coordinated/compiled by Gustavo Cerqueira and Gustavo Tepedino. More information is available here. This book may be purchased by clicking here (and here ).

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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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“New Cert Petition on ‘Appealing’ Summary-Judgment Denials; A new cert petition asks if a denied summary-judgment motion preserves purely legal issues for appeal”

HowAppealing

“New Cert Petition on ‘Appealing’ Summary-Judgment Denials; A new cert petition asks if a denied summary-judgment motion preserves purely legal issues for appeal”: Bryan Lammon has this post at his “final decisions” blog. See also this related post of mine from earlier today.

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Myanmar dispatches: updates and analysis from our law student correspondents in Myanmar

JURIST

JURIST EXCLUSIVE – The latest report from one of our law student correspondents in Myanmar, originally filed in audio Tuesday morning, offering her perspective on Monday’s huge general strike in the country and explaining her goals as a law student supporting a return to democracy. The transcript has been slightly edited for continuity and clarity.

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“Good-Guy Exception to Lifetime Ban on Gun Ownership Rejected”

HowAppealing

“Good-Guy Exception to Lifetime Ban on Gun Ownership Rejected”: Bernie Pazanowski of Bloomberg Law has this report (subscription required for full access) on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued yesterday.

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Manifestantes españoles toman las calles en respuesta al arresto del rapero por tweets y letras de canciones

JURIST

La detención del rapero español Pablo Hasél por presuntamente glorificar el terrorismo e insultar a la monarquía provocó protestas a las que asistieron miles de personas en toda España el martes. Los cargos de Hasél están relacionados con una serie de sus tweets y letras de canciones. Hasél se atrincheró junto a sus seguidores el martes dentro de la Universidad de Lleida para evitar su sentencia de prisión, pero poco después fue arrestado por las autoridades españolas.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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The question is moot

HowAppealing

The question is moot : So ruled a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit yesterday, in an opinion by Circuit Judge Frank H. Easterbrook , refusing to reach the merits of a challenge to the ballot signature requirements for candidates seeking election to the Supreme Court of Illinois. In earlier news coverage, John Seasly of Injustice Watch reported that “ Clint Krislov will likely be removed from state Supreme Court race.

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Companies Staying Mum on Potential for Vaccine Mandates

Intelligize Blog

Public health experts have warned for months about the possibility of vaccine hesitancy thwarting efforts to control the Covid-19 pandemic. Polling conducted as late as October found that only half of Americans intended to get vaccinated. Even though the public now appears more receptive to the vaccine, companies are still treading lightly when it comes […].

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“Church Official Had No Right to Lawyer for Pre-Charge Plea Deal”

HowAppealing

“Church Official Had No Right to Lawyer for Pre-Charge Plea Deal”: Bernie Pazanowski of Bloomberg Law has this report (subscription required for full access) on a per curiam ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday. In addition, one judge on the three-judge panel wrote an opinion concurring in the judgment , while another judge wrote an opinion concurring in par t.

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Now is The Time to Transition Your Firm From Premise-Based Legal Software to the Cloud

MyCase

Is it time for your law firm to reassess its IT systems? How long has it been since a technology audit was conducted to determine whether your firm is due to transition away from unsupported software systems? If it’s been a while, then now might be the perfect time to upgrade your firm’s systems. For example, if your firm still uses software like PC Law, you were probably notified that support for their antiquated server-based software system is ending.

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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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“Appealing Denial of Summary Judgment (without a subsequent JMOL motion)”

HowAppealing

“Appealing Denial of Summary Judgment (without a subsequent JMOL motion)”: Dennis Crouch has this post at his “Patently-O” blog. You can access at this link the petition for writ of certiorari now pending before the U.S. Supreme Court on this issue.

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US Supreme Court Rules Germany Entitled to State Immunity in the Nazi Art Case

Constitutional Law Reporter

In Federal Republic of Germany v. Philipp , 592 U. S. _ (2021), the U.S. Supreme Court held that Germany was entitled to State immunity in a lawsuit seeking compensation for the forced sale of medieval art known as the “Welfenschatz” during the rise of Nazi Germany. According to the Court, a country’s alleged taking of property from its own nationals does not fall under Foreign Sovereign Immunities Act’s expropriation exception, which applies to “property taken in violation of international law.

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“Supreme Court to debate whether misdemeanors can be a foot in the door for warrantless home search”

HowAppealing

“Supreme Court to debate whether misdemeanors can be a foot in the door for warrantless home search”: John Fritze of USA Today has this report.

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A Little Planning Can Help Avoid Trust Accounting Disputes

MorneauLaw

Share This Story! A Little Planning Can Help Avoid Trust Accounting Disputes M any estate plans include a trust. These are documents that help family members receive the disbursements they deserve without the hassle of probate. Trust assets can be liquid assets, home titles, or anything in between, making the disbursement period unique with each case.

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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.