Sun.Jan 03, 2021

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Ninth Circuit Finds Jurors' Use of Bible to Give the Death Penalty to the Defendant Was Not Reversible Error

EvidenceProf Blog

The Mattox-Remmer framework set forth by the Supreme Court governs juror misconduct claims involving consideration of extraneous evidence during deliberations: At step one, the court asks whether the contact was “possibly prejudicial,” meaning it had a “tendency” to be “injurious.

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Chief Justice Roberts praises federal courts IT staff in annual judiciary report

JURIST

US Chief Justice John Roberts praised the heroic efforts of information technology departments across the country for their role in keeping the federal courts functioning during the COVID-19 pandemic in his annual report released Thursday, lauding new partnerships and innovations implemented in various districts to maintain safety for all. Roberts noted that “the greatest challenge was faced by the first to fight in the judicial family—the trial courts and their staffs” because they

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Midland Funding, Encore Capital Group, Asset Acceptance Sued for Violating Consent Order

Diane Drain

CFPB Sues Encore Capital Group, Midland Funding, Midland Credit Management, and Asset Acceptance Capital Corp for Collecting Debts Beyond Statute of Limitations without disclosing debts were uncollectable, and other illegal acts. On September 8, 2020, the Consumer Financial Protection Bureau (Bureau) filed suit in federal district court in the Southern District of California against Encore Capital Group, Inc., and its subsidiaries, Midland Funding, LLC; Midland Credit Management, Inc.; and Asset

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“Supreme Court Case During the Pandemic? Landline Essential, Business Suit Optional; High-court advocates wrestle with how to argue their cases remotely; ‘I practice law better when dressed as a lawyer.'”

HowAppealing

“Supreme Court Case During the Pandemic? Landline Essential, Business Suit Optional; High-court advocates wrestle with how to argue their cases remotely; ‘I practice law better when dressed as a lawyer.'” Matt Grossman will have this front page article in Monday’s edition of The Wall Street Journal.

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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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Voluntary Recall Issued for Sportmix Dog and Cat Foods Over High Levels of Dangerous Toxin

LegalReader

Midwestern Pet Foods Inc. recently announced a voluntary recall for certain packages of its Sportmix dog and cat food that may contain deadly levels of Midwestern aflatoxin.

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More Trending

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Pete Recommends – Weekly highlights on cyber security issues, January 3, 2020

LLRX

Privacy and security issues impact every aspect of our lives – home, work, travel, education, health and medical records – to name but a few. On a weekly basis Pete Weiss highlights articles and information that focus on the increasingly complex and wide ranging ways technology is used to compromise and diminish our privacy and security, often without our situational awareness.

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“Early vaccination in prisons, a public health priority, proves politically charged; Colorado Gov. Jared Polis discarded the recommendation of experts and downgraded inmates in his state’s plan”

HowAppealing

“Early vaccination in prisons, a public health priority, proves politically charged; Colorado Gov. Jared Polis discarded the recommendation of experts and downgraded inmates in his state’s plan”: Isaac Stanley-Becker has this front page article in today’s edition of The Washington Post.

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This week at the court

SCOTUSBlog

On Friday, the justices will hold their January 8 conference. The post This week at the court appeared first on SCOTUSblog.

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“Raffi Melkonian — Texas Appellate Litigator and #AppellateTwitter Dean”:

HowAppealing

“Raffi Melkonian — Texas Appellate Litigator and #AppellateTwitter Dean”: You can access episode #003 of the new “ How I Lawyer Podcast with Jonah Perlin ” via this link. The podcast’s host is a law professor at the Georgetown University Law Center. As an aside, I admire the ambitiousness of labelling podcast episode numbers with two leading zeros , which suggests that at least another 97 episodes will be forthcoming.

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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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The Supreme Court doesn’t decide all important issues

At the Lectern

A frequently invoked ground for Supreme Court review of a case is when it is “necessary. to settle an important question of law.” (Rule 8.500 (b)(1).) But offering the court an important legal issue is not alone enough to get a case heard. The emphasis is on the “necess[ity]” to “settle” the important question.

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“Truth, Reconciliation, and Korematsu v. United States: A lesson from history in finding the truth when the Justice Department has been complicit in the cover-up.”

HowAppealing

“Truth, Reconciliation, and Korematsu v. United States : A lesson from history in finding the truth when the Justice Department has been complicit in the cover-up.” You can access this week’s new installment of Slate’s “Amicus” podcast featuring Dahlia Lithwick via this link.

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Sioux Tribe Imposes Language Criterion For Priority Vaccinations

JonathanTurley

There is a controversy developing in North and South Dakota where The Standing Rock Sioux tribe is prioritizing speakers of its native languages for its COVID-19 vaccine distribution. The tribe insists that it wants to protect those who can preserve its language. However, that is the imposition of a language criterion over those categories set out by the CDC for health workers, the elderly and most at risk individuals.

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DR Congo president pardons 26 men convicted for the assassination of Laurent Kabila

JURIST

The president of the Democratic Republic of Congo (DRC) on Thursday pardoned 26 men who had been convicted of plotting the 2001 assassination of then-President Laurent Kabila. Former President Kabila was assassinated by one of his bodyguards who took his own life shortly after. Prosecutors in the case stated that Kabila’s closest advisor, Colonel Eddy Kapend, plotted the assassination as an attempted coup.

Legal 211
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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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“How the Pandemic Exposed the Failures of Capital Punishment: Will Trump’s execution spree, court shutdowns, and the toll of Covid-19 hasten the demise of the death penalty?”

HowAppealing

“How the Pandemic Exposed the Failures of Capital Punishment: Will Trump’s execution spree, court shutdowns, and the toll of Covid-19 hasten the demise of the death penalty?” Liliana Segura and Jordan Smith of The Intercept have this report.

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Algeria president signs decree adopting new constitution

JURIST

The president of Algeria signed on Friday a presidential decree formally promulgating the recent amendment to the constitution. The new Constitution was adopted in November through a referendum and was awaiting presidential assent, which has been granted by President Abdelmadjid Tebboune’s Friday signature. The major amendments include provisions which allow renewal of presidential term only once and which significantly reduce the president’s powers in an effort to prevent shifts toward au

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Republican senators and senators-elect set to vote to reject electors from disputed states

JURIST

A group of US Republican senators and senators-elect on Saturday issued a joint statement ahead of the Electoral College certification process on January 6 to contest President-elect Joe Biden’s victory. Senators Ted Cruz (R-Texas), Ron Johnson (R-Wisconsin), James Lankford (R-Oklahoma), Steve Daines (R-Montana), John Kennedy (R-Louisiana), Marsha Blackburn (R-Tennessee), and Mike Braun (R- Indiana), and Senators-elect Cynthia Lummis (R-Wyoming), Roger Marshall (R-Kansas), Bill Hagerty (R

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Pelosi proposes ethics and legislative reforms to House rules for upcoming year

JURIST

The new year means new rules for the 2021 Congress. House speaker Nancy Pelosi, who narrowly won reelection Sunday, revealed a set of proposed ethical and legislative reforms on Friday. Pelosi said these proposed changes seek to “[increase] accountability for the American people, and [make] this House of Representatives the most inclusive in history.” Under the new rules, lawmakers convicted of federal crimes connected to their legislative service or election would be barred from the

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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.