Fri.Mar 26, 2021

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US Supreme Court hears arguments on authority of Native American tribal police officers

JURIST

The US Supreme Court heard oral argument Tuesday in United States v. Cooley , a case about whether tribal police officers have the authority to detain non-Indians on Indian land. The case stems from a 2016 incident wherein a police officer of the Crow Nation —a federally recognized tribe with an Indian reservation located in south-central Montana—detained Joshua Cooley and searched his truck, which was parked on the side of US Route 212.

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Eighth Circuit Finds Rule 403 Violations in Driver's Protection Privacy Act Case

EvidenceProf Blog

Federal Rule of Evidence 403 states that The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay,

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US Supreme Court rules use of police force to restrain constitutes a seizure

JURIST

The US Supreme Court ruled 5-3 Thursday in Torres v. Madrid that a Fourth Amendment seizure was effectuated when officers applied physical force with the intent to restrain, even if the person of interest did not submit and was not subdued. Torres was approached by two officers whom she believed were carjackers. She ignored their orders because she feared for her life, and she sped away.

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Court struggles with the “indefensible morass” it’s made in Indian law

SCOTUSBlog

On Tuesday, the Supreme Court heard oral argument in United States v. Cooley. The case concerns whether tribal police officers may detain or search non-Indians suspected of violating state or federal law on public highways running through reservations, and if so, in what circumstances. Tribal. The post Court struggles with the “indefensible morass” it’s made in Indian law appeared first on SCOTUSblog.

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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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Lawsuit challenges controversial Georgia voting legislation

JURIST

The New Georgia Project, Black Voters Matter Fund, and RISE, Inc. filed a lawsuit on Thursday against Georgia Secretary of State Brad Raffensperger and several State Election Board officials challenging provisions of SB 202 , a controversial voting bill passed earlier in the day. The organizations argue that the bill will, “[make] it harder for lawful Georgia voters to participate in the State’s elections,” particularly for “the State’s minority, young, poor, and disabled

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Pennsylvania top court rules for gas drilling firms in antitrust lawsuit

JURIST

The Pennsylvania Supreme Court ruled Wednesday that the attorney general’s office does not have authority under the consumer protection law to sue natural gas exploration firms over their leasing practices. The Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL) declares unlawful “unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce.” The controversy began in 2015 when the attorney general’s o

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“Case on Police Violence Reveals Fault Lines at Supreme Court; In a sharp exchange, dissenting conservatives suggested that Chief Justice Roberts warped the law in response to public sentiment”

HowAppealing

“Case on Police Violence Reveals Fault Lines at Supreme Court; In a sharp exchange, dissenting conservatives suggested that Chief Justice Roberts warped the law in response to public sentiment”: Adam Liptak has this article in today’s edition of The New York Times. In today’s edition of The Washington Post, Robert Barnes has an article headlined “ Supreme Court divides on when a shooting by police can be considered excessive force.” David G.

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US Supreme Court rules state courts have personal jurisdiction in product liability cases against Ford

JURIST

Products liability suits against Ford Motors in Montana and Minnesota can go forward in their respective state courts, said the US Supreme Court on Thursday. The court rejected Ford’s argument that personal specific jurisdiction was limited to lawsuits in states where Ford manufactured or originally sold vehicles. For courts to have specific jurisdiction over a global corporation, the company must intentionally take advantage of “the privileges of conducting activities within the for

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“Supreme Court poised to jump into Second Amendment disputes, as nation mourns mass shootings”

HowAppealing

“Supreme Court poised to jump into Second Amendment disputes, as nation mourns mass shootings”: John Fritze of USA Today has this report. And Andrew Chung of Reuters reports that “ U.S. Supreme Court weighs taking up major gun rights case.

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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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Ethiopia rights commission, UN to investigate Tigray human rights abuses

JURIST

The Ethiopian Human Rights Commission (EHRC) and the UN Office of the High Commissioner for Human Rights agreed Thursday to conduct a joint investigation into human rights violations and abuses allegedly committed by all parties involved in the ongoing conflict in Tigray, the northernmost region of Ethiopia. The conflict in Tigray started on November 4 when Prime Minister Abiy Ahmed launched a military offensive after an Ethiopian National Defense Forces (ENDF) base was allegedly attacked by the

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“NCAA takes on student-athletes in U.S. Supreme Court compensation dispute”

HowAppealing

“NCAA takes on student-athletes in U.S. Supreme Court compensation dispute”: Lawrence Hurley of Reuters has this report. And online at Vox, Ian Millhiser has an essay titled “ The Supreme Court showdown over whether colleges should pay their athletes, explained; Sports leagues enjoy some exemptions from antitrust laws, but do they apply to player compensation?

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US Supreme Court hears arguments on ‘community caretaking’ warrant exception

JURIST

The US Supreme Court heard oral arguments in Caniglia v. Strom Wednesday , a case where the court is to decide if “community caretaking” is considered an exception to the Fourth Amendment’s general prohibition on warrantless searches and seizures. The case involves a dispute between a married couple and subsequent seizure of weapons from their home.

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“Goldman Heads to the Supreme Court; Can a company be sued for failing to meet its boilerplate aspirations?”

HowAppealing

“Goldman Heads to the Supreme Court; Can a company be sued for failing to meet its boilerplate aspirations?” The Wall Street Journal has published this editorial.

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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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Georgia governor signs election bills into law

JURIST

Georgia Governor Brian Kemp signed controverial voting restrictions into law Thursday following passage in the senate by a vote of 34-19. The bill enforces a rule for absentee voters to provide more documentation for verification, replacing the previous signature verification process. It also cuts down early voting from three weeks to one. The bill also subjects county election management to the State Election Board whose chair will be selected by the Georgia General Assembly.

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“Who will be the next Antonin Scalia? Conservatives fight over his legacy.”

HowAppealing

“Who will be the next Antonin Scalia? Conservatives fight over his legacy.” Joan Biskupic of CNN has this report.

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Virginia becomes 23rd state to abolish dealth penalty

JURIST

Virginia Governor Ralph Northam signed a bill abolishing the death penalty Wednesday. Under Senate Bill 1165 and House Bill 2263 , any person with a death sentence for an offense committed before July 1, 2021, will be sentenced to life imprisonment instead, and “no person may be sentenced to death or put to death” under the revised law. According to the Governor’s office, the two people currently on death row, Anthony Juniper and Thomas Porter, will have their sentences changed

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Pre-Litigation Investigation of Patent Validity

Patently O

by Dennis Crouch. I previously wrote about the Federal Circuit’s decision in WPEM, LLC v. SOTI Inc. , 2020-1483 (Fed. Cir. Dec. 9, 2020). The case focuses on pre-filing investigation — the amount of investigation that a patentee must conduct before filing a patent infringement lawsuit. Here, WPEM filed an infringement action against SOTI, but later dismissed the action after learning that the patent claims were very likely invalid.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Jacob Blake files suit against Wisconsin police officer who shot and paralyzed him

JURIST

Jacob Blake, who was shot and paralyzed by a police officer in August, filed a lawsuit in federal court Thursday against officer Rusten Sheskey on allegations of excessive use of force. Sheskey, a white police officer, shot Blake, a Black man, on August 23 when responding to a complaint of “family trouble.” The shooting occurred in Kenosha, Wisconsin, and was partially captured on video by a bystander.

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Defamation claims against churches and American Samoa’s Deeds of Cession

SCOTUSBlog

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, when religious groups are subject to state-law tort claims and whether a federal agency that enacted a new fishing regulation should have taken into account a pair of early. The post Defamation claims against churches and American Samoa’s Deeds of Cession appeared first on SCOTUSblog.

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UN rights council adopts resolution for investigation into Belarus post-election abuses

JURIST

The UN Human Rights Council (UNHRC) on Wednesday adopted a resolution for creating a team to investigate Belarus’ excessive use of force and torture during the violent crackdown on the country-wide protests that erupted post the elections in August last year. President Alexander Lukashenko has claimed re-election for his sixth term in the disputed polls despite claims of election-tampering and mass protests against his establishment.

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Selling cars in a forum state “relates to” a claim involving a car sold elsewhere

SCOTUSBlog

A unanimous Supreme Court in Ford Motor Co. v. Montana Eighth Judicial District Court (consolidated with Ford Motor Co. v. Bandemer) held Thursday that Ford is subject to products-liability suits in Montana and Minnesota arising from car accidents there. Although the cars involved were manufactured. The post Selling cars in a forum state “relates to” a claim involving a car sold elsewhere appeared first on SCOTUSblog.

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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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Federal appeals court upholds Hawaii statute limiting open carry of firearms in public

JURIST

The US Court of Appeals for the Ninth Circuit on Wednesday upheld Hawaii’s firearm-licensing law , which restricts open-carry licenses to those who can demonstrate “the urgency or the need” to carry a firearm, that they are of good moral character, and are “engaged in the protection of life and property.”. The appellant, George Young, applied for a license twice in 2011.

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“The ‘shadow docket’: Why it’s a problem.”

HowAppealing

“The ‘shadow docket’: Why it’s a problem.” Lyle Denniston has this blog post.

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Top Reasons Why IT Support is Crucial to the Success of an Organization

LegalReader

IT support is undoubtedly invaluable in today’s digitalized world, where all kinds of communication, customer support, data handling, shopping, and selling are done through the Internet.

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How to Obtain a Divorce Certificate in California

A People's Choice

Every divorce story is unique. Maybe you'd been married for a year, or perhaps your marriage lasted for several decades. Perhaps you have children, or maybe you only have pets. Maybe you’re heartbroken, or maybe you’re relieved—or perhaps you feel a bit of both. However you got here, you’ve now found yourself in a situation [.]. To read the complete article, please click on the link How to Obtain a Divorce Certificate in California This post appeared first on A People's Choice - Legal Docum

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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.