Fri.Oct 01, 2021

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California governor signs new police accountability legislation

JURIST

California Governor Gavin Newsom signed legislation Thursday that creates a system for decertifying police officers for serious misconduct and will increase the transparency of misconduct records. Police misconduct has increasingly been scrutinized in California, as well as throughout the US. In January, California Attorney General Xavier Becerra announced the launch of a civil rights investigation into an alleged pattern of unconstitutional policing conducted by the Los Angeles County Sheriff

Education 230
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Western District of Wisconsin Finds Insurance Evidence Admissible Despite Rule 411

EvidenceProf Blog

Federal Rule of Evidence 411 provides that Evidence that a person was or was not insured against liability is not admissible to prove whether the person acted negligently or otherwise wrongfully. But the court may admit this evidence for another.

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US federal appeals court rejects suit challenging COVID-19 eviction moratorium

JURIST

The US Court of Appeals for the Second Circuit Wednesday dismissed a lawsuit by landlords challenging part of New York’s eviction moratorium statute. In December 2020, New York passed the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 to prevent evictions during the COVID-19 pandemic. Five landlords and a real estate industry trade group in New York sued the state court administration and county sheriffs on May 6.

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Closing the Electronic Loop and Automating Processes Along the Way

CourtTechBulletin

John Gustafson & Jim McMillan at CTC2021 We are happy to share the winner of the CTC McMillan Scholarship, John Gustafson, Data Quality Manager, First Judicial Circuit of Florida. I was happy to meet John at the conference and learn more about his great work for the court. His award winning ubmission follows. Read more ».

Court 130
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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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Voters Want Cops to Focus on Murder, Leave Mental Health Calls to Others: Survey

The Crime Report

Police departments should reallocate “significant” resources to solving serious crimes like murders and allow non-police professionals to deal with emergencies relating to mental health, according to a new survey. Some 78 percent of a national survey sample of 1,311 likely voters strongly agreed or agreed with the statement that “police departments should shift a significant portion of their internal resources to prioritize investigating and solving the most serious offenses like shootings and

Education 134

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Courthouse Lottery: ‘Wide’ Sentencing Differences Found Among Federal Judges

The Crime Report

Photo via Flickr. In many federal courthouses across the U.S., “equal justice under the law” is an elusive goal. A study by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University confirms what most attorneys already know: the personal predilections of the judge sitting on the bench matter as much to the final outcome of a case as the facts at law.

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What’s an “occasion”? Scope of Armed Career Criminal Act depends on the answer.

SCOTUSBlog

Share If you break into a storage facility and steal from 10 separate storage units, did you commit 10 offenses “on occasions different from one another”? The Supreme Court will answer this question in Wooden v. United States , yet another case concerning the scope of the Armed Career Criminal Act. The court will hear oral argument on Monday, the first day of the 2021-22 term and the first time the justices will be back in the courtroom for an in-person hearing in more than 18 months.

Felony 127
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“The ‘Shadow Docket’ Diversion: Alito corrects liberal distortions of the Court’s unsigned orders.”

HowAppealing

“The ‘Shadow Docket’ Diversion: Alito corrects liberal distortions of the Court’s unsigned orders.” This editorial will appear in Saturday’s edition of The Wall Street Journal.

Court 100
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Kavanaugh tests positive for COVID-19, but is fully vaccinated, has no symptoms

SCOTUSBlog

Share Three days before the justices are scheduled to return to the courtroom for the first time since March 2020, the Supreme Court announced on Friday morning that Justice Brett Kavanaugh has tested positive for COVID-19. The 56-year-old justice has no symptoms and has been fully vaccinated since January, the press release from the court’s Public Information Office indicated.

Lawyer 121
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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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“Convicted Oklahoma killer contends McGirt is retroactive”

HowAppealing

“Convicted Oklahoma killer contends McGirt is retroactive”: The Associated Press has this report on a petition for writ of certiorari filed in the U.S. Supreme Court earlier this week.

Court 100
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Are You Ready For The Supreme Court!? — See Also

Above The Law

Take Our Quiz : See which Supreme Court justice you are! Not really, but we do grade you with a comparison to the justices. Alex Jones Gets Benchslapped : Well, Your Honor, maybe I didn't want to comply. Can We Pretend That Airplanes. : Weren't a proxy for horrific abuse? Raises! : This time in Delaware.

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“Federal Judge Hears Arguments Over Texas Abortion Law; The Justice Department said the law was intended to ‘violate the Constitution,’ and asked for it to be suspended while the courts determine if it is legal”

HowAppealing

“Federal Judge Hears Arguments Over Texas Abortion Law; The Justice Department said the law was intended to ‘violate the Constitution,’ and asked for it to be suspended while the courts determine if it is legal”: Katie Benner and Sabrina Tavernise of The New York Times have this report. Brent Kendall of The Wall Street Journal reports that “ Federal Judge Questions Texas Abortion Law in Case Filed by Justice Department; State law, in effect for a month, has prompted

Laws 100
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Why Fixing Infrastructure Will Make Us Safer

The Crime Report

The House of Representatives is scheduled to vote Friday on a $1 trillion bipartisan infrastructure bill designed to invest in improving America’s water infrastructure, Internet, power grid, and our beleaguered inner-city neighborhoods. While this will require difficult compromises, attention should also be paid to improving our “human infrastructure”?

Education 111
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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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“Reunion 2021 CLE Program: Supreme Court Update.”

HowAppealing

“Reunion 2021 CLE Program: Supreme Court Update.” UC Berkeley School of Law has posted this video on YouTube. And UCLA School of Law has posted on YouTube the video of an event titled “ Whither the Court 2021.

Court 100
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Process Street Highway 2021: Welcome to the Future of Process Management

The Process Street

We’ve just wrapped up our first ever virtual event Highway, and we are super excited to share this roundup of everything! Highway 2021 was an event we hosted to chat with industry leaders about everything process-related. From exciting developments to life (and business) changing use cases, Highway brought the best that the industry has to offer and streamed it live to an audience of hundreds.

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“A Judge Asked Why Texas Didn’t Enforce Its Own Abortion Ban If It’s ‘Confident’ The Law Is Constitutional; The Justice Department is asking a judge to block Texas’s SB 8, which deputizes private individuals to sue to enforce a six-week abortion ban”

HowAppealing

“A Judge Asked Why Texas Didn’t Enforce Its Own Abortion Ban If It’s ‘Confident’ The Law Is Constitutional; The Justice Department is asking a judge to block Texas’s SB 8, which deputizes private individuals to sue to enforce a six-week abortion ban”: Zoe Tillman of BuzzFeed News has this report.

Laws 100
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House voting, DNA testing, a coach’s praying and abortion returning

SCOTUSBlog

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the House of Representatives may vote by proxy, when the statute of limitations begins for state prisoners seeking DNA testing, a football coach’s post-game prayer and Texas’ new anti-abortion law. For the first time in its history, the House of Representatives in May 2020 allowed absent members to delegate another member to vote on their behalf because of the public health emergency.

Statute 100
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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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“Before the Supreme Court’s First Monday Comes the Sunday Red Mass; This upcoming Red Mass may be historic; For the first time, seven of the Supreme Court’s nine justices are Catholics or have Catholic roots”

HowAppealing

“Before the Supreme Court’s First Monday Comes the Sunday Red Mass; This upcoming Red Mass may be historic; For the first time, seven of the Supreme Court’s nine justices are Catholics or have Catholic roots”: Tony Mauro has this post at his “The Marble Palace Blog.

Court 100
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Weekly Briefs: Britney Spears’ father suspended as conservator; would-be Reagan assassin will be freed of limits

ABA Journal

Britney Spears’ father is suspended as conservator Judge Brenda Penny of Los Angeles on Wednesday suspended Britney Spears’ father , Jamie Spears, from his position…

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“Not above the law: Supreme Court can protect citizens by striking down qualified immunity; Cops can kill, rape and steal and never face accountability in civil court as long as the Supreme Court continues to enforce misguided legal doctrine.”

HowAppealing

“Not above the law: Supreme Court can protect citizens by striking down qualified immunity; Cops can kill, rape and steal and never face accountability in civil court as long as the Supreme Court continues to enforce misguided legal doctrine.” USA Today has published this editorial.

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The morning read for Friday, Oct. 1

SCOTUSBlog

Share Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at roundup@scotusblog.com. Here’s the Friday morning read: Abortion Just the Start as Supreme Court Tackles Guns, Religion (Greg Stohr, Bloomberg). 9 high-stakes issues the Supreme Court will take up this coming term (Ian Millhiser, Vox).

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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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“Judge blocks new abortion laws from taking effect for 10 days”

HowAppealing

“Judge blocks new abortion laws from taking effect for 10 days”: Holly Michels has this front page article in today’s edition of The Helena (Mont.) Independent Record. And Mike Dennison of MTN News reports that “ State judge temporarily blocks MT laws restricting abortion; Late ruling ends hours of legal drama — for now.

Laws 100
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A Life Term for Murder Sets Stage for Painful Self-Examination of UK Police

The Crime Report

The outrage felt by Londoners over the murder of a young woman by a serving police officer was reflected in the severity of the whole-life term of imprisonment imposed on her killer this week by Lord Justice Fulford in London’s Old Bailey courtroom. The sentence meted out to Wayne Couzens, 48, equivalent to Life Without Parole in the U.S., in the March 3 death of Sarah Everard is rarely used in the UK.

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“The Supreme Court returns on Monday. How far from the mainstream will Trump’s appointees take us?”

HowAppealing

“The Supreme Court returns on Monday. How far from the mainstream will Trump’s appointees take us?” Columnist Harry Litman has this essay online at The Los Angeles Times.

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Feds Provide Payment Resolution Process In New Surprise Billing Rule

Above The Law

Per the new interim final rule, parties that cannot agree on out-of-network payment rates must enter into a 30-day open negotiation period. If that fails, an independent entity will be engaged to make the final decision.

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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.