Fri.Dec 11, 2020

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Proposed India state bill would punish rape with death penalty

JURIST

The Cabinet of the Indian state of Maharashtra on Wednesday approved a draft of a bill setting extreme punishments for crimes against women and children. The Act is modeled after the Disha Act passed by the government of Andhra Pradesh state last year. Known as the “Shakti Act”, the Maharashtra bill makes numerous changes to existing laws.

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"The Fifth Circuit Got it Wrong": My Post on Justice Sotomayor Blunt Dissent on the Dangerous Brady Ruling in the Brandon Bernard Case

EvidenceProf Blog

Last night, Brandon Bernard was executed, with the United States Supreme Court denying his petition for a writ of certiorari. Brandon Bernard and his accomplices brutally murdered two youth ministers, Todd and Stacie Bagley, on a military reservation in 1999.

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UK releases new sentencing guidelines considering racial disparities

JURIST

The Sentencing Council for England and Wales released new sentencing guidelines Wednesday that tell judges to consider their racial bias prior to sentencing. The guidelines pertain to unlawful firearm possession, discharge and acquisition offenses. The guidelines attempt to make sentences more consistent across the board. The guidelines come in response to the 2017 Lammy report that found racial bias in the sentencing and treatment of minorities in the criminal justice system.

Legal 163
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An overview of the Divorce Laws in California

LDA PRO

Divorce is both a mental and legal strain. In California, if you are going through this troublesome phase in your life, here are the rules of California Divorce law that you should know. California divorce laws are generated by the California Family Code. The California Family Code is one of the 29 legal codes that form all statutory laws in California.

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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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France cabinet supports new law facilitating prosecution of religious extremism

JURIST

The French government Wednesday formally announced its support for a bill aimed at protecting the “principles of the republic.” The new law proposes to strengthen the government’s ability to prosecute extremist religious groups that “present a serious threat to public order.” Critics have expressed concerns that the law is aimed specifically at Muslim groups, but the cabinet has attempted to clarify that the law is intended to protect freedom by targeting fundamenta

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Lebanon caretaker PM and former ministers charged with negligence for Beirut port blast

JURIST

The Lebanese judge investigating the Beirut shipping port explosion Thursday charged caretaker Prime Minister Hassan Diab and three former ministers with criminal negligence for the incident in August which killed more than 200 people, injured thousands more and destroyed large parts of the country’s capital. Fadi Sawan has charged former public works ministers Ghazi Zaeiter and Youssef Fenianos as well as former finance minister Ali Hassan Khalil.

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Summary Judgment Satisfies Justice

Patently O

by Dennis Crouch. Super-Sparkly Safety Stuff v. Skyline (Fed. Cir. 2020). Apart from the Plaintiff’s fabulous name, this case involves the defendant’s catch-phrase “bling-it-on!”; photos of celebrity models; personal weapons (pepper spray); AND a design patent! Both of these companies take the approach that a can of pepper-spray should be a fashion-accessory.

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Argentina lower house votes to legalize abortion

JURIST

Argentina’s lower house, the Camara de Disputado, voted to legalize abortion Thursday after 20 hours of floor debate. The vote was seen as a victory for the Marea Verde (“Green Sea”) movement which seeks to make abortion legal. The bid to legalize abortion had received support from President Alberto Fernandez and will allow ‘women and anyone capable of pregnancy’ to legally terminate their pregnancy until the 14th week.

Legal 143
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“Editorial: Don’t just deny Texas’ original action. Decimate it.”

HowAppealing

“Editorial: Don’t just deny Texas’ original action. Decimate it.” Tom Goldstein has this post at “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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Finland parliament committee recommends against charging foreign minister for attempt to replace official over Syria repatriation

JURIST

The Finnish Parliament’s Constitutional Law Committee recommended Wednesday against prosecuting Minister for Foreign Affairs Pekka Haavisto for attempting to replace an official. While the committee found that Haavisto had broken the law, it ruled that his actions did not meet the threshold for prosecution required by the Finnish Constitution.

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“U.S. Supreme Court takes up Goldman securities class action appeal”

HowAppealing

“U.S. Supreme Court takes up Goldman securities class action appeal”: Jonathan Stempel of Reuters has this report. And Greg Stohr of Bloomberg News reports that “ Goldman Sachs Gets High Court Review It Sought on Investor Suits.

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Supreme Court rules rape convictions of three military members were timely under military law

JURIST

The US Supreme Court ruled Thursday in United States v. Briggs that the rape convictions of three military members were timely under the Uniform Code of Military Justice (UCMJ). Justice Samuel Alito authored the opinion. He noted that a plain reading of the UCMJ would suggest that the former service members’ convictions were untimely. However, he clarified that the court did not determine its decision on a plain reading but rather in the context of the entire UCMJ itself: The question bef

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“The Scalia Trilogy”

HowAppealing

“The Scalia Trilogy”: You can access via this link today’s new installment of the “SCOTUS 101” podcast from The Heritage Foundation. The episode includes an interview with the editors of “ The Essential Scalia: On the Constitution, the Courts, and the Rule of Law.

Court 100
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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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How Smart Contracts are Changing Legal Contracts

LawTechnologyToday

While a world free of lawyers will most likely never come to fruition (to many parties’ chagrin), new technology in the form of smart contracts is changing how legal matters are drafted. Evidenced by increased adoption for major industrial applications with the OOC Oil & Gas Blockchain Consortium , a powerful network of 10 major oil and gas players; alongside the Construction Industry Institute at The University of Texas’ recent Operating System 2.0 (OS2) initiative, a collaborative research

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Access today’s Order List of the U.S. Supreme Court

HowAppealing

Access today’s Order List of the U.S. Supreme Court : At this link. The Court granted review in one new case. And the Court, by a vote of 7-to-2, issued an order in Texas v. Pennsylvania , No. 155 Orig., that begins, “The State of Texas’s motion for leave to file a bill of complaint is denied for lack of standing under Article III of the Constitution.

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Amnesty International urges immediate investigation into war crimes seen in videos from Armenia-Azerbaijan conflict

JURIST

Amnesty International Thursday urged Azerbaijani and Armenian authorities to conduct immediate investigations into war crimes committed during the recent Nagorno-Karabakh conflict after videos emerged from private social networks showing extrajudicial killings, torture, and severe abuse. In its press release , Amnesty said it analysed 22 videos that depicted, “extrajudicial executions, the mistreatment of prisoners of war and other captives, and desecration of the dead bodies of enemy soldiers.

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“Argument analysis: Justices at odds over federal robocall ban in the face of technological change.”

HowAppealing

“Argument analysis: Justices at odds over federal robocall ban in the face of technological change.” Amanda Shanor has this guest post at “SCOTUSblog.” Art Lien’s accompanying depiction of Bryan A. Garner’s oral argument presentation shows that Garner was holding a landline phone’s handset — something I haven’t seen other remote #SCOTUS advocates doing in Lien’s depictions of their arguments.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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#FilmFridays: Warner’s Hollywood Backlash Includes Insult From Christopher Nolan

The Hollywood Lawyer

Covid-19 created a massive revenue loss for movie theaters and movie studios in 2020, and now Warner Bros’ has decided to release its entire 2021 film catalog worldwide on WarnerMedia streaming and HBO Max. The films will be available for one month on HBO Max while keeping their full theatrical release, but this means less income for Hollywood actors and production companies, and they are not happy.

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“Two reasons the Texas election case is faulty: flawed legal theory and statistical fallacy.”

HowAppealing

“Two reasons the Texas election case is faulty: flawed legal theory and statistical fallacy.” Jeremy W. Peters, David Montgomery, Linda Qiu, and Adam Liptak of The New York Times have this report.

Legal 100
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Kenya court awards 4M shillings to post-election rape survivors

JURIST

A Kenyan High Court issued a declaratory order on Thursday in favor of four survivors subjected to rape and other sexual and gender based violence (SGBV) during post-election demonstrations spanning from December 2007 to March 2008, awarding them each 4 million shillings (USD $35,906). The survivors brought suit against the attorney general and inspector-general of the National Police Service for failure to adequately anticipate the demonstrations and respond to them appropriately, failure to p

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“Senate Judiciary Committee advances Amy Coney Barrett replacement on 7th Circuit to floor over Dem opposition; Committee reported current U.S. attorney favorably to floor on party-line vote”

HowAppealing

“Senate Judiciary Committee advances Amy Coney Barrett replacement on 7th Circuit to floor over Dem opposition; Committee reported current U.S. attorney favorably to floor on party-line vote”: Tyler Olson of Fox News has this report.

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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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Facebook facing antitrust lawsuits from FTC, multiple states and territories

JURIST

Facebook is facing antitrust lawsuits initiated Wednesday by the US Federal Trade Commission and a coalition of attorneys general from 46 states , Washington, DC, and Guam. The lawsuits allege that Facebook has abused its position as the “world’s dominant online social network” by acquiring companies to maintain its monopoly over its rivals.

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“How Grammar Guru Bryan Garner Made His Way to the Supreme Court”

HowAppealing

“How Grammar Guru Bryan Garner Made His Way to the Supreme Court”: Tony Mauro of The National Law Journal has this Q&A with Bryan A. Garner.

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Four charged for damaging Colston statue in UK Black Lives Matter protests

JURIST

The Crown Prosecution Service charged four people on Wednesday for damaging the Edward Colston statue that stood in Bristol, England. The statue was torn down by Rhian Graham, Milo Ponsford, Jake Skuse and Sage Willoughby during Black Lives Matter protests in June. At the time of the protests, the Avon and Somerset police did not arrest anyone but rather launched a subsequent investigation, which led to these charges.

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ROSS Intelligence will shut down amid lawsuit from Thomson Reuters

ABA Journal

ROSS Intelligence, which launched an AI-based legal research platform six years ago, announced Friday that it plans to cease operations early next year because of…

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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.