Sat.Jan 02, 2021

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Rarer Than Steak Tartare: Former New York Prosecutor Suspended 2 Years for Brady Violation

EvidenceProf Blog

They say* the only thing rarer than steak tartare is a prosecutor being disciplined for failing to disclose material exculpatory evidence pursuant to Brady v. Maryland. But the case of Glenn Kurtzrock is an exception. A petition, filed by the.

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China court sentences 10 Hong Kong activists to jail for illegal border crossing

JURIST

The Yantian District People’s Court in the Chinese city of Shenzhen sentenced Wednesday 10 Hong Kong activists to imprisonment ranging from seven months to three years for illegal border crossing. The Shenzhen coast guard authorities intercepted the boat taken by the group from a port in Hong Kong on August 23, in waters under Guangdong province’s jurisdiction.

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Trending Sources

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What Makes a Great Bankruptcy Attorney?

Diane Drain

Find The Right Bankruptcy Lawyer For You. Reprint from a great California bankruptcy attorney – Cathy Moran. Picking the right bankruptcy lawyer is a lot like picking the right head coach for a sports team. It doesn’t assure success, but without the right professional, success is a whole lot harder to come by. Bankruptcy is a specialized area of law that can be far more complex than appears on the surface.

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UN rights office condemns Iran’s fourth juvenile execution in one year, breaching international law

JURIST

The Office of the UN High Commissioner for Human Rights (OHCHR) condemned Thursday Iranian officials’ fourth execution of a child offender in 2020, stating that the execution of child offenders is “categorically prohibited under international law.” Mohammad Hassan Rezaiee was executed early Thursday morning for an offence allegedly committed by him at the age of 16.

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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 dismisses Gohmert’s election suit against Pence”

HowAppealing

“Appeals court dismisses Gohmert’s election suit against Pence”: John Kruzel of The Hill has this report on a one-paragraph, per curiam, unpublished decision that a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued this evening.

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More Trending

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“Evan Jenkins, new chief of WV Supreme Court, focuses on post-COVID court and restoring public confidence”

HowAppealing

“Evan Jenkins, new chief of WV Supreme Court, focuses on post-COVID court and restoring public confidence”: In today’s edition of The Charleston Gazette-Mail, Lacie Pierson has a front page article that begins, “As of Friday, Evan Jenkins is the chief justice of the West Virginia Supreme Court, and he’s inherited a court navigating the state’s judicial system through a worldwide pandemic as it still treads in the wake of mass impeachment from two years ago.

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Patently-O Bits and Bytes by Juvan Bonni

Patently O

Recent Headlines in the IP World: Clare Duffy: These Five Patents Offer Hints About What an Apple Car Could Look Like (Source: CNN). Bruce Hodgman: KWG Announces Proposed Private Placement of Flow-Through Units (Source: Yahoo Finance). Ashley R. Robinson: HTG Expands Patent Portfolio with New Canadian Patent for its Nuclease Protection Methods for Detection of Nucleotide Variants (Source: GlobeNewswire).

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“UDC appeals Winston-Salem Confederate statue ruling to state supreme court”

HowAppealing

“UDC appeals Winston-Salem Confederate statue ruling to state supreme court”: Wes Young has this front page article in today’s edition of The Winston-Salem Journal.

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Inhouse Counsel Salaries – 2021 Guide

InHouseBlog

Inhouse Counsel Salaries – Introduction. Inhouse counsel salary data is not easy to find or consistently reported, but we’ve collected resources to help you in your search. There are many ways to compare your inhouse counsel salary or law firm salary with those of your peers, and to help you determine if you are being compensated fairly.

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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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“2020: A Mixed Bag for Classical Liberalism; Underlying trends cloud the future of classical liberalism, even as it now has gained a redoubt in our judiciary and retained a perch in our politics.”

HowAppealing

“2020: A Mixed Bag for Classical Liberalism; Underlying trends cloud the future of classical liberalism, even as it now has gained a redoubt in our judiciary and retained a perch in our politics.” John O. McGinnis has this post at the “Law & Liberty” blog.

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NDAA item of note

Court-MartialTrialPractice

The now law NDAA for 2021 has a number of provisions including this one. If you are not aware, compassion fatigue is a real thing even for lawyers, more for defense counsel and SVC’s than prosecutors. If you have compassion fatigue that can adversely affect your court-room work as well as relationships with others in the court-martial process.

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“Texas Supreme Court blocks Austin, Travis County dine-in curfew”

HowAppealing

“Texas Supreme Court blocks Austin, Travis County dine-in curfew”: Chuck Lindell of The Austin American-Statesman has this report on an order that the Supreme Court of Texas issued yesterday.

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Symeonides’ 30th (and last) Annual Survey of Choice of Law

Conflict of Laws

Symeon Symeonides , without doubt the doyen of US conflict of laws, just published what he says is the last of his annual surveys of American Choice of Law. (The series will be continued by John F. Coyle, William S. Dodge, Aaron D. Simowitz, and Melissa L.Tatum, suggesting it takes four of our most eminent scholars to replace Symeonides.). As everyone in our discipline knows, reliably, at the end of the year, Symeon has posted his survey of conflict-of-laws decisions rendered over the year, acco

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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“States Are Shutting Down Prisons as Guards are Crippled By Covid-19; States and counties are finding it hard to keep jails and prisons open as the virus ravages both prisoners and staff members; But transferring inmates can spur new outbreaks”

HowAppealing

“States Are Shutting Down Prisons as Guards are Crippled By Covid-19; States and counties are finding it hard to keep jails and prisons open as the virus ravages both prisoners and staff members; But transferring inmates can spur new outbreaks”: Brendon Derr, Rebecca Griesbach, and Danya Issawi have this front page article in today’s edition of The New York Times.

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Brady

Court-MartialTrialPractice

Prof. Colin Miller notes that prosecutor discipline for Brady violations is “ rarer than steak tartare.” He reports to case of a NY prosecutor suspended for two-years because of significant Brady violations. On May 9, 2017, the former homicide prosecutor was caught withholding exculpatory material from Messiah Booker, a man charged with first-degree murder who had maintained his innocence.

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“Barbara Womack Webb Sworn In as Arkansas Supreme Court Associate Justice”

HowAppealing

“Barbara Womack Webb Sworn In as Arkansas Supreme Court Associate Justice”: Cody Sanders of Ozark Radio News has this report.

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“Symbols. Of Subtle Oppression”: Virginia Judge Orders Removal Of Portraits Of White Judges

JonathanTurley

Judge David Bernhard is a jurist in Fairfax County (where I reside) has issued a controversial order that the portraits of white judges must be removed from a courtroom because their presence would deny a black defendant a fair trial. In a decision applauded in the Washington Post , Bernhard declared that a fair trial is threatened in “a courtroom gilded with … white individuals peering down on an African American defendant.” .

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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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Warning – Debt Collectors ‘Friending’ You on Facebook Make Public Demand for Payment

Diane Drain

Debt Collectors Can Demand Payment on Facebook Once You ‘Friend’ or ‘Follow’ Them. According to an article in PaymentsJournal and the Register debt collectors now have the authority to make their payment demands public on Facebook, Twitter and other social media platforms. According to The Register – Debt collectors will be allowed to chase people over their social media accounts under new rules approved by the US Consumer Financial Protection Bureau (CFPB).

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Judge Tosses Bizarre Gohmert Lawsuit Against V.P. Pence

LegalReader

By suing Pence, Gohmert hoped to give the vice president the power to allocate Electoral College votes as he sees fit.

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Execution date reinstated for only woman on US federal death row

JURIST

A federal appeals panel reinstated Lisa Montgomery’s execution date after a stay was placed on her sentence. Montgomery, the only woman on federal death row, is set to be executed on January 12. Montgomery was originally scheduled to be executed on December 8, 2020. Her lawyers contracted severe cases of COVID-19 just days before the deadline to file a clemency petition, so US District Court Judge Randolph Moss granted her legal team an extension.

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“Federal Judge Dismisses Election Lawsuit Against Pence; President Trump’s congressional allies had hoped to give the vice president the power to reject electoral votes that were cast for Joseph R. Biden Jr.”

HowAppealing

“Federal Judge Dismisses Election Lawsuit Against Pence; President Trump’s congressional allies had hoped to give the vice president the power to reject electoral votes that were cast for Joseph R. Biden Jr.” Catie Edmondson and Maggie Haberman have this article in today’s edition of The New York Times. In today’s edition of The Washington Post, Devlin Barrett has a front page article headlined “ Judge dismisses Gohmert lawsuit seeking to stymie Biden electora

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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.

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Federal judge dismisses lawsuit against VP Pence to overturn election results

JURIST

A US federal judge dismissed a lawsuit on Friday filed by Republican Congressman Louie Gohmert and 11 presidential electors from Arizona challenging the constitutionality of the Electoral Count Act. The plaintiffs alleged that the elector dispute resolution provisions under Section 15 of the Act violated the Elector’s Clause and Twelveth Amendment of the US Constitution.

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“Appeals court refuses to halt execution of only woman on federal death row”

HowAppealing

“Appeals court refuses to halt execution of only woman on federal death row”: Jeff Mordock of The Washington Times has this report. Michael Balsamo of The Associated Press reports that “ Appeals court vacates order delaying woman’s execution.” Jordan S. Rubin of Bloomberg Law reports that “ Trump DOJ Can Execute Woman on Jan. 12, Appeals Court Says.” Christina Carrega of CNN reports that “ Execution date for the only woman on federal death row is r

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Minnesota Supreme Court upholds revenge porn law

JURIST

The Minnesota Supreme Court on Wednesday upheld a revenge porn law that criminalizes the sharing of nude images of a person without that person’s consent, ruling that First Amendment protections do not extend to this type of speech. The court reasoned in its opinion that revenge porn does not constitute free speech under the First Amendment and that the non-consensual circulation of explicit images could impact people’s lives with a “single click of a button.

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“U.S. Sen. Ron Johnson from Wisconsin to join 10 others from GOP in refusing to certify Electoral College results”

HowAppealing

“U.S. Sen. Ron Johnson from Wisconsin to join 10 others from GOP in refusing to certify Electoral College results”: Bill Glauber of The Milwaukee Journal Sentinel has this report. According to the article, “Johnson, up for reelection in 2022, is the only senator joining the effort whose state’s voters backed President-elect Joe Biden over President Donald Trump.

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Visibility Into the Strategy & Supporting Documents of Major US Law Firms

Law Firm Intelligence by Trellis aggregates state trial court data across the Trellis platform enabling users to: look up a particular metric related to a specific law firm (such as, how many cases a law firm had or has against another law firm), and see the actual dockets and documents supporting the metric. Trellis data is maximized in a revolutionary and unique way to provide users an exclusive look into a law firm litigating in state trial courts.