JURIST

JANUARY 5, 2021

The Court of Appeals for Fourth Circuit ruled Monday in favor of North Carolina inmate Willie James Dean, Jr. in a prison abuse case, finding corrections officers were not entitled to qualified immunity. Dean alleged that corrections officers had used excessive force against him in violation of the Eighth Amendment. The district court that heard the case granted summary judgment for the officers, holding that a reasonable jury would determine that the incidents at issue were appropriate uses of

Court Rules 198

Court Rules Court Legal Legal 198

EvidenceProf Blog

JANUARY 5, 2021

Similar to its federal counterpart, Pennsylvania Rule of Evidence 606(b) states that Upon an inquiry into the validity of a verdict, including a sentencing verdict pursuant to 42 Pa.C.S.A. § 9711 (relating to capital sentencing proceedings), a juror may not.

Court 130

Court 130

JURIST

JANUARY 5, 2021

The Cabinet of Iran approved a bill Sunday to bolster protections for women against violence in the country. The Cabinet meeting saw the Council of Ministers approve the Protection, Dignity and Security of Women against Violence bill, moving the bill along the country’s law-making process. The bill defines violence as “any behaviour that is committed against a woman due to her gender or vulnerable position or type of relationship and causes harm or damage to her body or mind or perso

Drafting 197

Drafting Criminal Law Education Legal 197

Diane Drain

JANUARY 5, 2021

The FTC alleged that Midwest Recovery, and owners Brandon M. Tumber, Kenny W. Conway and Joseph H. Smith, collected more than $24 million from consumers on such debts, largely by debt parking. What is “debt parking”, also known as “passive debt collection?”. According to an article by the Federal Trade Commission “FTC” – debt parking can result in a consumer only finding out that a purported debt exists when his or her credit report is accessed in connection with

Attorney 104

Attorney 104

Advertisement

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.

eDiscovery

JURIST

JANUARY 5, 2021

Proud Boys leader Enrique Tarrio was arrested in Washington, DC, Monday on a misdemeanor count for burning a Black Lives Matter (BLM) flag last month. On December 12, members of the extremist group burned at least one BLM flag hung at Asbury United Methodist Church, a historically Black church located in the northwest section of the city. Right-wing protesters took to city streets last month to challenge the outcome of the 2020 presidential election.

Misdemeanor 197

Misdemeanor Felony Laws Legal 197

JURIST

JANUARY 5, 2021

One of California’s largest grocery chains on Monday did away with its own grocery delivery service in favor of third-party apps like Uber, Instacart, and DoorDash, following the state’s passage of an initiative defining drivers for these apps as independent contractors. This decision comes less than a year after the grocery chain teamed with the United Food and Commercial Workers International Union to have their grocery store employees designated as “ first responders ”

Legal 197

Legal Legal Laws 197

HowAppealing

JANUARY 5, 2021

“California Supreme Court takes a step toward abolishing cash bail at hearing”: Bob Egelko of The San Francisco Chronicle has this report. And Maria Dinzeo of Courthouse News Service reports that “ Fight Over Money Bail System Lands at California Supreme Court.

Court 100

Court 100

JURIST

JANUARY 5, 2021

The Abuja magistrate court denied bail to former Nigerian presidential candidate and activist Omoyele Sowore on Tuesday, following Sowore’s arrest on New Year’s Eve during a candlelight protest against bad governance. Sowore is the founder of Sahara Reporters , an online news agency that encourages individuals to report corruption, humans rights abuses and political misconduct in Africa.

Government 177

Government Attorney Court Legal 177

HowAppealing

JANUARY 5, 2021

“Clarifying the Electoral Count Act Process”: The “Election Law Blog” has posted this statement from law professors Richard Pildes , Edward Foley , Rick Hasen , Lisa Manheim , and Nate Persily.

Laws 100

Laws 100

Advertisement

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.

Contract

JURIST

JANUARY 5, 2021

Ohio Governor Mike DeWine signed a “stand your ground” bill into law Monday, eliminating an individual’s duty to retreat from any place where she is permitted to be before using force to protect herself. The bill’s title refers to it as a bill “to expand the locations at which a person has no duty to retreat before using force under both civil and criminal law.” The current law only protects an individual’s right to “stand her ground” when sh

Tort 148

Tort Criminal Law Laws Legal 148

HowAppealing

JANUARY 5, 2021

“8th Circuit affirms injunction against two Arkansas anti-abortion laws, but sends signal that the legal landscape could change”: Max Brantley of Arkansas Times has this report. My earlier coverage of today’s Eighth Circuit ruling can be accessed here.

Legal 100

Legal Legal Laws 100

JURIST

JANUARY 5, 2021

Several states filed suit Tuesday against the US Office of the Comptroller of the Currency (OCC), seeking to void the “True Lender Rule” that would deprive states of the ability to enforce state laws against exploitative interest rates. In the complaint, filed in the US District Court for the Southern District of New York, the states alleged that the rule would encourage predatory lending.

Attorney 120

Attorney Court Laws Legal 120

HowAppealing

JANUARY 5, 2021

“Congress Shouldn’t Be Able to Steal an Election; The 1887 law allowing legislators to dispute the vote needs an overhaul”: Law professor Noah Feldman has this essay online at Bloomberg Opinion. Also online at Bloomberg Opinion, law professor Cass R. Sunstein has an essay titled “ Vice President Pence Can Preside But Not Decide; When Congress counts electoral votes on Wednesday, he can play no more than a ceremonial role; That’s the law.

Laws 100

Laws 100

Advertisement

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.

Contract

JURIST

JANUARY 5, 2021

The outgoing chief justice of Hong Kong’s highest court addressed criticisms of the city’s judicial system and stressed the importance of the rule of law in a final press conference on Tuesday. Chief Justice Geoffrey Ma, who will retire Sunday, discussed both the role of the judiciary and his own hopes for the future of Hong Kong. Citing several articles of Hong Kong’s Basic Law , Ma argued that in order to accomplish its role of “uphold[ing] the rule of law,” the j

Government 104

Government Laws Legal Legal 104

HowAppealing

JANUARY 5, 2021

“Appeals court signals it may block some California COVID-19 church restrictions”: Maura Dolan has this article in today’s edition of The Los Angeles Times. Josh Gerstein of Politico reports that “ 9th Circuit skeptical of California church limits, but may uphold stay-home order.” And Martin Macias Jr of Courthouse News Service reports that “ Church Asks Ninth Circuit to Lift California’s Ban on Indoor Worship.” The U.S.

Court 100

Court 100

JURIST

JANUARY 5, 2021

An Algerian military appeals court on Saturday acquitted three top officials who were jailed in 2019 during mass protests. On trial was Said Bouteflika, brother of the country’s longtime former leader, and two ex-intelligence chiefs, General Mohamed Lamine Mediene and his former right hand General Athmane Tartag. Also on trial was Louisa Hanoune, who had served as secretary-general of the Trotskyist Workers’ Party, a leftist political party.

Court 104

Court Legal Legal 104

HowAppealing

JANUARY 5, 2021

Eighth Circuit affirms federal district court’s injunctions prohibiting enforcement of Arkansas’ bans on abortion after 18 weeks or due to Down syndrome diagnosis: You can access today’s ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. Although the decision was unanimous, two judges on the panel each wrote separately (and joined the other’s opinion) calling on the U.S.

Court 100

Court 100

Advertisement

Short article looking at the new CCP 2016.

LegalReader

JANUARY 5, 2021

Traumatic brain injury or TBI accounts for approximately 30 percent of deaths related to injury in the US. Such an injury is usually caused by blows or bumps to a person’s head. TBI also occurs due to intense forces like a car accident. Though not all blows to the head may lead to TBI, when.

Litigation 105

Litigation Litigating 105

HowAppealing

JANUARY 5, 2021

“Duff to Retire as Administrative Office Director; Judge Mauskopf Named as Successor”: The Administrative Office of the U.S. Courts issued this news release today about a related news release that the U.S. Supreme Court issued earlier today.

Court 100

Court 100

LegalReader

JANUARY 5, 2021

Domestic violence may take different forms like shouting and yelling, making kids feel intimidated, controlling children all the time, threats of murder, causing severe injuries, and threats concerning weapons. Violence on kids means the play of control and power of adults over children.

105

105

HowAppealing

JANUARY 5, 2021

“Manufactured Finality in Arbitration Appeals: The Ninth Circuit held that plaintiffs can no longer voluntarily dismiss their claims and manufacture finality after a district court orders arbitration.” Bryan Lammon has this post at his “final decisions” blog.

Manufacturing 100

Manufacturing Court 100

Advertiser: Regal Court Reporting

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.

Legal

LegalReader

JANUARY 5, 2021

If you’re laid off, the first thing you should be concerned about is getting your severance — and be prepared to negotiate for more money or services rather than accept the first offer.

105

105

HowAppealing

JANUARY 5, 2021

“Paxton refuses to disclose full costs of taxpayer-funded Supreme Court election challenge”: Taylor Goldenstein of The Houston Chronicle has this report.

Court 100

Court 100

SCOTUSBlog

JANUARY 5, 2021

On Tuesday, Jan. 6, at 2 p.m. EST, the State and Local Legal Center and the Multistate Tax Commission will host a virtual discussion with three former Supreme Court clerks, now in private practice, about how to write an effective SCOTUS amicus brief from a state and local government perspective. The panel will feature former Alabama Solicitor General John Neiman of Maynard Cooper, former Assistant to the U.S.

Court 105

Court Government Legal Legal 105

HowAppealing

JANUARY 5, 2021

“It’s time for the Supreme Court to curb one of its worst precedents”: Columnist George F. Will has this essay online at The Washington Post.

Court 100

Court 100

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.

Legal