Mon.Apr 05, 2021

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Virginia highest court rules city can remove two Confederate statues

JURIST

The Supreme Court of Virginia Thursday ruled that the city of Charlottesville can remove two Confederate statues, including one of General Robert E. Lee for protesting the removal of which a deadly white supremacist rally took place in 2017. The court overturned a Charlottesville Circuit Court decision in favor of a group of residents who sued to block the city from taking down statues of General Lee and General Thomas Jackson.

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Article of Interest: "Endogenous and Dangerous," by Brian Larson

EvidenceProf Blog

Professor Brian Larson (Texas A&M University School of Law) has posted "Endogenous and Dangerous" on SSRN. Here is the abstract: As far as we know, Aristotle was the first Westerner to formalize logic, about 2,500 years ago. But he recognized.

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California judge orders Oakland police department to release police misconduct documents

JURIST

Alameda County Superior Court Judge Frank Roesch on Friday ordered the city of Oakland, California, and its police department to release thousands of documents on police misconduct. This order was issued pursuant to a request made by journalists two years ago, following the California Legislature’s passage of a police transparency law. Two years ago, journalists requested that the city of Oakland and its police department release documents on police misconduct.

Legal 170
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USPTO Grant Rate 2021

Patently O

by Dennis Crouch. The following chart provides one look at USPTO historic patent grant rate for patent applications filed over the past 20 years. The chart groups together patent applications as of their filing-month and then simply reports the percentage patented, abandoned, and still-pending. The red-line in the chat excludes the still pending applications and thus reports the grant rate of disposed-of applications.

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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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G7 countries call for independent investigation of rights abuses in Ethiopia’s Tigray region

JURIST

The G7 Foreign Ministers of Canada, France, Germany, Italy, Japan, the UK and the US issued a statement on Friday calling for an independent and transparent investigation into alleged human rights abuses in Ethiopia’s Tigray region. There has been ongoing conflict between central government soldiers and the Tigray People’s Liberation Front (TPLF) in the northern Ethiopia region of Tigray.

More Trending

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Pakistan anti-terrorism court sentences 5 for terror financing

JURIST

Pakistan’s Anti-Terrorism Court (ATC) in Lahore on Saturday sentenced five persons who led Jamaat-ud-Dawah (JuD), an organization founded by Hafiz Saeed with financial support from Osama bin Laden, each to nine years’ imprisonment for terrorism financing. JuD is known as the political arm of Lashkar-e-Taiba (LeT), which was responsible for the 2008 Mumbai terror attacks that left 166 dead.

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Google v. Oracle: Use of Oracle’s API is a Fair Use

Patently O

Google LLC v. Oracle America, Inc. (Supreme Court 2021). In a 6-2 decision authored by Justice Breyer, the Supreme Court has held that Google’s copying of the JAVA API naming convention was a fair use as a matter of law. The court did not decide the question of whether the API was copyrightable in the first place. In his dissent, Justice Thomas (joined by Justice Alito) argues that the majority opinion “disregards half the relevant statutory text and distorts its fair-use analysis.

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US Supreme Court finds Google’s use of Oracle’s code is fair use

JURIST

The US Supreme Court ruled 6-2 in favor of Google on Monday in Google v. Oracle , holding that Google’s use of Oracle’s Application Programming Interfaces (APIs) was fair use. Oracle sued Google for copyright infringement after Google used portions of Oracle’s Java API code in the development of their Android operating system. APIs allow for programs to reference pre-written snippets of code to accomplish common tasks.

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“Senator Mazie Hirono Opens Up On SCOTUS; She talks about Kavanaugh, Gorsuch, Barrett, and Ginsburg; Merrick Garland makes a guest appearance”

HowAppealing

“Senator Mazie Hirono Opens Up On SCOTUS; She talks about Kavanaugh, Gorsuch, Barrett, and Ginsburg; Merrick Garland makes a guest appearance”: Josh Blackman has this post at “The Volokh Conspiracy.

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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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Turkish prosecutors arrest former navy officials after defense of international maritime treaty

JURIST

Turkish prosecutors on Monday issued arrest warrants for 10 retired senior navy officials a day after 104 officials released a letter defending the Montreux Doctrine. The Montreux Doctrine is an agreement made in 1936 concerning critical waterways that run through Turkey, most notably the Dardanelles and Bosphorus straits. The terms of the international convention provide that Turkey may control the straits, but must permit civilian vessels to pass through the waterways in times of peace.

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“Warhol a Lame Copier? The Judges Who Said So Are Sadly Mistaken. An appeals court ruled that Andy Warhol violated a photographer’s copyright by appropriating her image for a silk-screen he did in 1984. Our critic disagrees.”

HowAppealing

“Warhol a Lame Copier? The Judges Who Said So Are Sadly Mistaken. An appeals court ruled that Andy Warhol violated a photographer’s copyright by appropriating her image for a silk-screen he did in 1984. Our critic disagrees.” Blake Gopnik has this “Critic’s Notebook” essay online at The New York Times.

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New York City Restaurants and Deli Hit with Lawsuits Over False Allegations

LegalReader

Michael Faillace & Associates, a law firm in Manhattan, is coming under fire for filing lawsuits against New York City restaurants and delis over false wage violation claims.

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“Guillermo del Toro Overcomes Claim ‘The Shape of Water’ Was Plagiarized; A copyright suit alleging the Oscar winner ripped off a Pulitzer Prize winning author was revived last year by an appeals court; Now comes a dismissal and a statement how claims of plagiarism were ‘unfounded'”

HowAppealing

“Guillermo del Toro Overcomes Claim ‘The Shape of Water’ Was Plagiarized; A copyright suit alleging the Oscar winner ripped off a Pulitzer Prize winning author was revived last year by an appeals court; Now comes a dismissal and a statement how claims of plagiarism were ‘unfounded'”: Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter.

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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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Tennessee asks court to restore waiting period for abortions

SCOTUSBlog

Tennessee filed an emergency request with the Supreme Court on Monday, asking the justices for permission to enforce a 48-hour waiting period for abortions while it appeals a federal district court’s ruling that declared the waiting period unconstitutional. Characterizing the waiting period as “materially indistinguishable”. The post Tennessee asks court to restore waiting period for abortions appeared first on SCOTUSblog.

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“The Progressive Case for Libel Reform: Judge Silberman is a conservative, but he’s right about Sullivan.”

HowAppealing

“The Progressive Case for Libel Reform: Judge Silberman is a conservative, but he’s right about Sullivan.” Jeremy Lewin will have this op-ed in Tuesday’s edition of The Wall Street Journal.

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 How Can Records Searches Help You Vet Clients? 

LawTechnologyToday

Building and maintaining a successful legal practice requires attracting and acquiring new clients. However, not all prospects are worth representing. One best practice is to have a well-defined intake process using thorough due diligence to vet clients. Doing so can eliminate surprises that would otherwise delay or derail a case. . As part of your due diligence, you will initially want to interview your law firm’s prospect ive clients to learn more about them and their reaso

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“Attorney Richard A. Sprague — the ‘fearless, fearsome and feared’ giant of the Philadelphia legal world — has died at 95; Sprague died Saturday after a brief illness and a near seven-decade career as a relenteless prosecutor, peerless civil litigator and towering figure in the history of Philadelphia courts”

HowAppealing

“Attorney Richard A. Sprague — the ‘fearless, fearsome and feared’ giant of the Philadelphia legal world — has died at 95; Sprague died Saturday after a brief illness and a near seven-decade career as a relenteless prosecutor, peerless civil litigator and towering figure in the history of Philadelphia courts”: Jeremy Roebuck of The Philadelphia Inquirer has this report.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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New Law Makes No-Fault Divorce Easier in Virginia

Livesay&Myers

The Virginia General Assembly has made a significant change to Virginia Code § 20-106 concerning the requirements for a no-fault divorce. Effective July 1, 2021, Virginia law will no longer require a corroborating witness for a divorce based on no-fault grounds. The new law makes it significantly easier to obtain a no-fault divorce in Virginia. In Virginia, there are two ways to obtain a divorce: fault grounds or no-fault grounds.

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“Seven Clerks for Seven Justices in 2021-2022, Continuing the Five-Decade UChicago Alumni Clerkship Streak at the Supreme Court”

HowAppealing

“Seven Clerks for Seven Justices in 2021-2022, Continuing the Five-Decade UChicago Alumni Clerkship Streak at the Supreme Court”: Becky Beaupre Gillespie of the University of Chicago School of Law has this report.

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How Has Technology Helped the Legal Sector/Industry?

LegalReader

Artificial Intelligence (AI) has grabbed the attention of most legal sectors, just like other organizations.

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“Congratulations To The 2021 Bristow Fellows; Plus the law schools and lower-court judges producing the most Bristows”

HowAppealing

“Congratulations To The 2021 Bristow Fellows; Plus the law schools and lower-court judges producing the most Bristows”: David Lat has this post at his “Original Jurisdiction” Substack site.

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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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Court to take up case on “harmless error” standard in habeas proceedings

SCOTUSBlog

The Supreme Court on Monday announced that it would add the case of a Michigan inmate convicted of premeditated murder to its docket for next term. The justices granted Brown v. Davenport, a petition filed by the state of Michigan on the standard for whether. The post Court to take up case on “harmless error” standard in habeas proceedings appeared first on SCOTUSblog.

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Access today’s ruling of the U.S. Supreme Court in an argued case

HowAppealing

Access today’s ruling of the U.S. Supreme Court in an argued case: Justice Stephen G. Breyer delivered the opinion of the Court in Google LLC v. Oracle America, Inc. , No. 18-956. Justice Clarence Thomas issued a dissenting opinion, in which Justice Samuel A. Alito, Jr. joined. And Justice Amy Coney Barrett did not participate in the ruling. You can access the oral argument via this link.

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Studying Nonobviousness

Patently O

By Jason Rantanen. There are lots of quantitative studies of patent litigation appellate court decisions, going all the way back to P.J. Federico’s 1956 article Adjudicated Patents in the Journal of the Patent and Trademark Office Society. One of the big limitations of these studies, though, is that there hasn’t really been any work done to examine how replicable their observations are – even for variables as seemingly simple as whether the court affirmed or reversed on a part

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HowAppealing - Untitled Article

HowAppealing

“What Progressives Can Learn From California Eliminating Cash Bail: There’s an interesting connection between the legal argument that paved the way and the final ruling.” Lindsay Harrison and Dahlia Lithwick have this jurisprudence essay online at Slate.

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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.