JURIST

MARCH 5, 2021

UN High Commissioner for Human Rights Michelle Bachelet on Thursday stressed the need for an independent and objective assessment of reports of serious human rights violations in the Tigray region of Ethiopia. The UN Human Rights Office received reports of the killing of eight protesters by security forces in Adigrat, Mekelle, Shire and Wukro, in the east of the northern region, between February 9 and 10.

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EvidenceProf Blog

MARCH 5, 2021

Similar to its federal counterpart, Iowa Rule of Evidence 5-607 states that The credibility of a witness may be attacked by any party, including the party calling the witness. Rule 607 gets rid of the common law voucher rule, pursuant.

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JURIST

MARCH 5, 2021

JURIST EXCLUSIVE – International concern grew Friday for Myanmar lawyers and law students arbitrarily detained in the wake of the February 1 military coup that deposed the civilian government and prompted mass pro-democracy street demonstrations that continue despite the killing of over 50 protestors by security forces in the last two weeks. In London, the Law Society – the governing body for solicitors in England and Wales – announced that it had sent a letter to Myanmar’

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HowAppealing

MARCH 5, 2021

“Shareholder bar turns out in force at SCOTUS to back pension fund suing Goldman”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

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eDiscovery

JURIST

MARCH 5, 2021

Indigenous activists from regions of the Amazon in Brazil and Colombia, along with environmental groups from France and the US filed suit in a French court on Wednesday against a supermarket chain for selling beef produced by companies that are responsible for mass deforestation and land grabs. The lawsuit claims that French grocery retailer Casino violated a 2017 law requiring businesses to do due diligence on companies within their supply chain to ensure they are not supporting organizations t

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JURIST

MARCH 5, 2021

The US Supreme Court ruled 7-2 Thursday to limit the scope of the Freedom of Information Act (FOIA) by expanding the deliberative process privilege exception to the Act’s disclosure requirement to include “in-house drafts of biological opinions that are both predecisional and deliberative, even if the drafts reflect the agencies’ last views about a proposal.” The case, US Fish and Wildlife Service v.

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HowAppealing

MARCH 5, 2021

“You Were Duped Into Saying Yes. Is That Still Consent? Legal scholars have long debated this question. Recent psychological studies shed new light.” Law professor Roseanna Sommers has this essay online at The New York Times.

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JURIST

MARCH 5, 2021

The US Supreme Court ruled 5-3 Thursday that undocumented immigrants bear the burden of showing that they have not been convicted of a crime involving “moral turpitude,” or they will face lawful removal. Clemente Pereida, is being deported under the Immigration and Nationality Act (INA) of 1952. He has lived in the US for more than 25 years and has started a family in the country.

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HowAppealing

MARCH 5, 2021

“Behind the Bench: The Treatment and Selection of Law Clerks.” The Brennan Center for Justice hosted this two-day event yesterday and today. You can view the video of the event on YouTube via these links: day one and day two. Jane Wester of New York Law Journal reported on the event’s first day in an article headlined “ ‘Norm of Silence’ Erodes Amid Post-#MeToo Reforms for Judicial Clerks Facing Harassment, NYU Panelists Say.

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JURIST

MARCH 5, 2021

Canadian Minister of Foreign Affairs Marc Garneau requested formal negotiations Thursday with the UN General Assembly to hold the Assad regime accountable for its atrocities in the 2011 Syrian civil war. The negotiations would be held on the grounds of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT).

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HowAppealing

MARCH 5, 2021

“10th Circuit Backs Out of Opening Phase of Fight Over Bump Stock Ban; The court’s about-face on an en banc rehearing of a preliminary injunction denial means a Utah man must give up his bump stock while his challenge of the ban goes through the courts”: Amanda Pampuro of Courthouse News Service has this report. You can access today’s 6-to-5 order of the U.S.

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JURIST

MARCH 5, 2021

The Indian Supreme Court on Wednesday dismissed a civil writ petition against Dr Farooq Abdullah, a Member of the Lok Sabha (lower house of Parliament) from the Jammu & Kashmir National Conference party and a former Chief Minister of the erstwhile state of Jammu & Kashmir. The petition had made a plea for terminating the senior politician’s Lok Sabha membership and asked that the court proceed against him for sedition under Section 124A of the Indian Penal Code.

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HowAppealing

MARCH 5, 2021

“Did a Sixth Circuit panel largely decimate the federal sentencing fraud guidelines (and perhaps many others)?” Douglas A. Berman has this post at his “Sentencing Law and Policy” blog about a ruling that the U.S. Court of Appeals for the Sixth Circuit issued Wednesday.

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JURIST

MARCH 5, 2021

The Ontario Superior Court of Justice found a man guilty of murder on Wednesday for driving a van into a crowd in Toronto, killing 10 and injuring 16 people. The court refused to name the man, calling him John Doe instead, because he committed the act of violence in order to achieve fame. Thus the judge remarked the following in its judgment, “It is my hope that his name would no longer be published by anyone else either.

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HowAppealing

MARCH 5, 2021

“Justice Department asks Supreme Court to dismiss ‘sanctuary city’ immigration suits; In a letter seeking to end the suits, the Justice Department indicated it will stop pressuring cities to turn over information about noncitizens”: Pete Williams of NBC News has this report.

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JURIST

MARCH 5, 2021

A European Union court ruled Thursday that the UK was in breach of the bloc’s air pollution limit by failing to fulfil its obligations under the combined provisions of Article 13(1) and of Annex XI to Directive No 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe. The Directive establishes air quality objectives, including ambitious, cost-effective targets for improving human health and environmental quality up to 2020

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HowAppealing

MARCH 5, 2021

“The Wayfair Case and Covid Sparked a State Sales Tax Bonanza; A boom in online commerce and a favorable court decision combine to fill depleted treasuries”: Danielle Moran of Bloomberg Businessweek has this report.

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Short article looking at the new CCP 2016.

LegalReader

MARCH 5, 2021

Build stronger arguments, anticipate strategies and neutralize opposing counsel’s arguments with legal language analytics that focus on attorney arguments linked to written judicial opinions.

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HowAppealing

MARCH 5, 2021

“Cheektowaga strip club not entitled to PPP loan, appeals court rules”: Patrick Lakamp and Dan Herbeck of The Buffalo News have this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday.

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The Process Street

MARCH 5, 2021

Welcome emails are the one email you should be sending. Why? Because they have a 91.43% open rate, can create an 86% lift in unique open rate , and have on average 5x the click-through rate of a standard email marketing campaign. I’ve uncovered heaps more stats that I’ll share with you later in the post. For this article I took the time to subscribe to 40 top tech blogs and applied quantitative research to categorize and break down their welcome emails.

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Drafting 119

HowAppealing

MARCH 5, 2021

“Lawyer and Chevron critic Donziger’s civil contempt finding mostly upheld; fees and sanctions vacated”: Jonathan Stempel of Reuters has this report (subscription required for full access). And Maya Earls of Bloomberg Law reports that “ Chevron’s $660,000 Sanction Award Against Donziger Nixed on Appeal ” (subscription required for full access).

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LegalReader

MARCH 5, 2021

Consequences for impaired driving convictions are severe. Aside from the official consequences that courts impose, there are numerous other ways that an impaired driving charge can negatively impact your life.

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HowAppealing

MARCH 5, 2021

“Are Clean Rivers Too Expensive? Ninth Circuit Will Decide; Pollution threatens to make Montana’s rivers unfishable and unswimmable; Yet the EPA found the state doesn’t have to clean them up because doing so would be too expensive.” Karina Brown of Courthouse News Service has this report on an oral argument (video link via YouTube) that a three-judge panel of the U.S.

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Patently O

MARCH 5, 2021

The Intellectual Property Owners Association (IPO) is hoping to help push through some patent law reforms and recently published a letter to Congressional leaders on IP reform reiterates suggestions already given to the White House. What are the proposals: Legislation on subject matter eligibility to re-expand the scope of eligibility and clarify the law.

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HowAppealing

MARCH 5, 2021

“Environmentalists Fight for Local Control of Railroads in Columbia River Gorge; The Ninth Circuit will decide if local zoning rules should govern an already-completed railroad expansion in the Columbia River Gorge”: June Williams of Courthouse News Service has this report on an oral argument (video link via YouTube) that a three-judge panel of the U.S.

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Speaker: Adina Marta Newman

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