JURIST

DECEMBER 12, 2020

Tesla’s upcoming car factory in Germany might be delayed after environmental groups Thursday obtained a temporary injunction against construction. The factory, originally slated to be operational by July 2021, has been subject to litigation by environmental groups. A lower court in Frankfurt an der Oder initially ruled in favor of Tesla. Upon appeal, a higher court Thursday granted an injunction until the court can fully review the environmental groups’ evidence.

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HowAppealing

DECEMBER 12, 2020

Deciphering, rewriting, and potentially retitling Justice Alito’s separate statement in Texas v. Pennsylvania : Thanks to everyone who has taken time to respond to my tweet from last night seeking views on whether yesterday evening’s U.S. Supreme Court order was unanimous in rejecting Texas’ effort to overturn the outcome of the 2020 presidential election or was instead a 7-0-2 vote.

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JURIST

DECEMBER 12, 2020

A federal court judge denied a motion for a preliminary injunction against Governor Tom Wolf’s ongoing mask mandate and Covid-19 contact tracing program on Friday. The motion was part of a lawsuit filed in the middle district of the federal district court of Pennsylvania in September. The suit was brought by the American Freedom Law Center on behalf of two families who view a “face mask [a]s a symbol of oppression and an attempt by the government to control the citizenry.” In t

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EvidenceProf Blog

DECEMBER 12, 2020

In Brady v. Maryland, the United States Supreme Court held that the State has an affirmative obligation under the Due Process Clause to timely disclose material exculpatory evidence. There is a ton of precedent analyzing when evidence is material and.

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DECEMBER 12, 2020

“Prominent Architects Group Prohibits Design of Death Chambers; The American Institute of Architects has changed its stance on members who design spaces for executions or prolonged solitary confinement”: Julia Jacobs of The New York Times has this report.

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HowAppealing

DECEMBER 12, 2020

“Want to steal an election in Wisconsin? It’s harder than you think.” Phil Brinkman and Chris Rickert of The Wisconsin State Journal have this report.

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JURIST

DECEMBER 12, 2020

International Criminal Court Prosecutor Fatou Bensouda said Friday that she intends to open an investigation into possible crimes committed during Islamist rebel group Boko Haram’s Nigerian insurgency that began in 2009. Bensouda indicated that a preliminary examination into the situation had found a reasonable basis to believe that Boko Haram and its splinter groups committed several war crimes and crimes against humanity, including rape, murder and conscripting children under 15 into arm

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LLRX

DECEMBER 12, 2020

Privacy and security issues impact every aspect of our lives – home, work, travel, education, health and medical records – to name but a few. On a weekly basis Pete Weiss highlights articles and information that focus on the increasingly complex and wide ranging ways technology is used to compromise and diminish our privacy and security, often without our situational awareness.

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JURIST

DECEMBER 12, 2020

A tribunal on Friday issued five life sentences to Salim Jamil Ayyash, a Hezbollah member who was convicted in absentia in August for the assassination of former Lebanon prime minister Rafik al-Hariri in 2005. Hariri was killed in a massive suicide bomb explosion in Beirut which also killed twenty-one other people and injured 226. Ayyash and three others were charged with conspiracy to commit a terrorist act, intentional homicide, attempted intentional homicide, and other charges.

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Court-MartialTrialPractice

DECEMBER 12, 2020

COURT OFAPPEALS-TENNESSEE (Nashville) . See State v. Tennessee. A post-trial discovery case. The court begins, “The primary issue in this case involves the State’s delayed disclosure of obviously exculpatory evidence.” Overall a very nice cases discussing Brady-plus ’s [ [1] ] application to post-trial matters. . Colin Miller in discussing this case observes that, “In Brady v.

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JURIST

DECEMBER 12, 2020

Bhutan’s Parliament adopted the Penal Code (Amendment) Bill of 2019 on Thursday, decriminalizing homosexual conduct between two consenting adults. The legislation was tabled before both the houses, those being the National Assembly and the National Council, in a joint sitting of the bicameral legislature this year. Section 213 of the Penal Code of Bhutan criminalized “unnatural sex,” which it defined as when any person “engages in sodomy or any other sexual conduct that is agai

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HowAppealing

DECEMBER 12, 2020

“‘The last wall’: How dozens of judges across the political spectrum rejected Trump’s efforts to overturn the election.” Rosalind S. Helderman and Elise Viebeck of The Washington Post have this report.

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JURIST

DECEMBER 12, 2020

Judge Trevor McFadden of the US District Court for the District of Columbia Friday dismissed a lawsuit filed by the Center for Democracy and Technology (CDT) challenging President Trump’s May executive order on “preventing online censorship” The executive order was issued with the expressed intent of promoting “free and open debate online” It asserted that social media platforms like Twitter, Instagram and YouTube wield immense power to censor, delete, or disappear

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DECEMBER 12, 2020

“Making Sense of Texas v. Pennsylvania: President Trump doesn’t like standing doctrine, and thinks that Justice Alito and Thomas ruled for him.” Josh Blackman has this post at “The Volokh Conspiracy.

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JURIST

DECEMBER 12, 2020

More than 1,000 pro-democracy protestors in Thailand Thursday rallied for revocation of the kingdom’s lèse majesté law, which proscribes acts of defaming, insulting or threatening the king, the queen, the regent or the heir apparent. The protestors gathered at the 14 October 1973 Memorial which commemorates civilian protestors who lost their lives in the 1973 uprising against the Thai military dictatorship.

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HowAppealing

DECEMBER 12, 2020

“Ex-Trump attorney files legal Hail Mary, asks Supreme Court to review Michigan case”: Dave Boucher of The Detroit Free Press has this report. And Craig Mauger of The Detroit News reports that “ Trump supporters want Supreme Court to review another Michigan election case.

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JURIST

DECEMBER 12, 2020

The Trump administration on Thursday finalized sweeping asylum regulations that will come into force January 11, 2021 as part of a mass immigration crackdown. Under the Final Rule, asylum claims will face greater scrutiny if an immigration court finds that an asylee has traveled through another country before entering the United States without first seeking refuge from the traveled country.

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HowAppealing

DECEMBER 12, 2020

“Trump says Supreme Court ‘let us down’ on election challenge”: Alex Swoyer and Dave Boyer of The Washington Times have this report. And Evan Semones of Politico reports that “ Trump flays former allies, calls to ‘fight on’ after Supreme Court defeat; Trump aired a lengthy list of his ongoing grievances with the high court’s decision that dismissed a longshot challenge by the attorney general of Texas.

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JURIST

DECEMBER 12, 2020

The US Supreme Court late Friday denied the motion for leave to file a complaint in Texas v. Pennsylvania , which had sought to invalidate election results in four swing states that President Donald Trump lost in the November 2020 presidential election, namely Pennsylvania, Georgia, Wisconsin and Michigan. Texas Attorney General Ken Paxton had claimed there was rampant lawlessness in the defendant states, where suits from the Trump campaign are pending.

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HowAppealing

DECEMBER 12, 2020

“Donald Trump stood no chance in front of a conservative Supreme Court. Here’s why.” Richard Wolf of USA Today has this report.

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JonathanTurley

DECEMBER 12, 2020

We have been discussing t he open bias shown by the media in the last four years. It is not clear if we can regain the ground lost for journalism as even journalism professors call for the rejection of objectivity in favor of advocacy. This has included shielding Joe Biden from any challenging questions during the recent election. That includes the news blackout on reporting on the Hunter Biden scandal, the subject of my column today in the Hill.

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DECEMBER 12, 2020

“The Supreme Court’s clear message to President Trump: Stop.” Joan Biskupic of CNN has this report.

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JonathanTurley

DECEMBER 12, 2020

It appears that Rep. Bill Pascrell (D., NJ) has a serious problem with Republicans going to court. We recently discussed Pascrell’s absurd effort to disbar roughly two dozen Republican lawyers for challenging the results of the 2020 election. Now Pascrell is declaring that 120 House Republicans signing a “Friend of the Court brief” (or amicus brief ) is tantamount to supporting a rebellion against the United States and that they should be blocked from taking their seats in Con

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HowAppealing

DECEMBER 12, 2020

“Republicans Find Themselves Speechless Following a Supreme Court Defeat; A ruling against President Trump appears to leave no avenue forward for the president, forcing Republicans to ‘play the hand we’re dealt'”: Stephanie Saul and Nicholas Fandos of The New York Times have this report.

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HowAppealing

DECEMBER 12, 2020

“Paul Newby wins NC chief justice race as incumbent Cheri Beasley concedes”: Danielle Battaglia and Charlie Innis of The News & Observer of Raleigh, North Carolina have a report that begins, “A hand-recount of votes in North Carolina’s election was not enough for state Supreme Court Chief Justice Cheri Beasley to overcome her colleague’s lead in the race to retain her seat.

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