JURIST

DECEMBER 21, 2020

The Higher Administrative Court of Berlin-Brandenburg region on Saturday ordered automaker Tesla to cease clearing trees on some parts of the site around the company’s first electric car factory in Europe. While construction on the site has begun , the factory could still be prevented from opening. Currently, Tesla awaits the complete approval of two permits, one for installing machinery and the other for clearing woodlands.

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EvidenceProf Blog

DECEMBER 21, 2020

Like its federal counterpart, North Dakota Rule of Evidence 615 states that At a party's request, the court must order witnesses excluded so that they cannot hear other witnesses' testimony, or the court may do so on its own. This.

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Court 130

JURIST

DECEMBER 21, 2020

The International Court of Justice (ICJ) ruled Friday that it has jurisdiction to intervene in a historic boundary dispute between Venezuela and Guyana. Venezuela refused to participate in the hearing but submitted 200 pages of evidence in its defense. In the 1890s, when Guyana was still a British colony, the UK and Venezuela both claimed certain territory.

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HowAppealing

DECEMBER 21, 2020

“By 4-3, state Supreme Court denies governmental immunity in certain discrimination claims”: Michael Karlik of Colorado Politics has this report on two rulings (access here and here) that the Supreme Court of Colorado issued today.

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JURIST

DECEMBER 21, 2020

Amsterdam District Court has upheld a prior restitution committee decision that a painting by artist Wassily Kandinsky belongs to the Stedelijk Museum, not to the original Jewish owner’s heirs. The painting, titled “Painting With Houses,” was sold in 1940 to the Amsterdam city council months after the Nazis invaded the city. The Lewenstein family sued to reclaim their alleged property rights over the painting, one of many pieces of art looted by the Nazis during this period.

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Court Rules Court Finance Lawyer 156

JURIST

DECEMBER 21, 2020

Hong Kong’s Court of Final Appeals ruled on Monday that the government-mandated mask ban, instituted in October 5, 2019, is constitutional. During the anti-government protests , which have largely died down, many demonstrators wore masks to hide their identities from authorities and to protect themselves from tear gas. The mask ban was an example of the Hong Kong government imposing emergency measures in response to the widespread anti-government protests last year.

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HowAppealing

DECEMBER 21, 2020

“Texas Challenges Legality of DACA in Latest Bid to End the Program; Judge to revisit case over Obama-era program, leaving young immigrants who benefit from its protections in legal limbo”: Michelle Hackman of The Wall Street Journal has this report.

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JURIST

DECEMBER 21, 2020

Queensland Attorney-General Shannon Fentiman has announced that the introduction of voluntary assisted dying legislation will be delayed until May 2021, promising that the delay will not have a detrimental impact on the state. The delay follows the Queensland Government’s recommitment to introducing assisted dying laws when Anastasia Palaszczuk’s Labour Government was re-elected in October this year.

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HowAppealing

DECEMBER 21, 2020

“A 14th Amendment Case That Deserves the Supreme Court’s Attention; It’s time to breathe some life back into the Privileges or Immunities Clause”: Damon Root has this post online at Reason.

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JURIST

DECEMBER 21, 2020

Thai actor Inthira “Sai” Charoenpura was charged Monday with allegedly contravening Thailand’s lèse-majesté law which prohibits defaming the royal family despite occasions of her speaking publicly about the monarchy being unknown. The Associated Press reported that Charoenpura, among other protestors, answered a police summons to hear their charges of allegedly contravening section 112 of the Thailand Criminal Code.

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HowAppealing

DECEMBER 21, 2020

“Rutgers to name iconic residence hall for Ruth Bader Ginsburg, who started her career as a law professor there”: Susan Snyder of The Philadelphia Inquirer recently had this report.

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JURIST

DECEMBER 21, 2020

India’s Allahbad High Court ruled Friday that no coercive action may be taken against a man accused of violating the Uttar Pradesh ordinance on Religious Conversion. The High Court also indicated that the matter will be heard with a petition challenging the constitutionality of the statute. By preventing no “coercive action,” the Court has prevented arrest and detainment of the Petitioner.

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Laws Court Statute Court Rules 151

HowAppealing

DECEMBER 21, 2020

“Supreme Court Justices Can Get Vaccinated Now. The Rest Of The Courts Are On Their Own. Judges across the country are urging state officials to consider the federal courts for vaccine priority lists.” Zoe Tillman of BuzzFeed News has this report.

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JURIST

DECEMBER 21, 2020

Three petitions challenging the Sunday dissolution of Nepal’s Federal Parliament have been filed in the Supreme Court of Nepal , the highest court in the country. The petitions challenge Nepal’s Prime Minister KP Sharma Oli’s request to President Bidhya Devi Bhandari to dissolve Parliament. Bhandari granted the request and scheduled a new, brought-forward election to take place in April and May 2021.

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HowAppealing

DECEMBER 21, 2020

“Governor Abbott Appoints Farris To First Court of Appeals”: The Office of Texas Governor Greg Abbott today issued a news release that begins, “Governor Greg Abbott has appointed April Farris to the First Court of Appeals, effective January 1, 2021, for a term set to expire on December 31, 2022, or until her successor shall be duly elected and qualified.

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JURIST

DECEMBER 21, 2020

China’s National Development and Reform Commission (NDRC) published new rules governing foreign investment on Saturday that establish an approval process for foreign investment in industries critical to national security, including energy and infrastructure. In a Chinese-language Q&A, the Commission defended the new rules as not protectionist, arguing that major European and North American economies, including the US , have similar national security approval processes.

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HowAppealing

DECEMBER 21, 2020

“The Life Story of Lisa Montgomery: Before committing the crime that landed her on death row, Lisa Montgomery had endured decades of abuse.” Lauren Gill has this jurisprudence essay online at Slate.

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Short article looking at the new CCP 2016.

JURIST

DECEMBER 21, 2020

Spain’s Supreme Court Friday ordered lower courts to investigate deaths caused by COVID-19 in the country’s nursing homes. The Court additionally ordered probes into possible misuse of government funding to purchase flawed or fraudulent medical equipment. The instructions follow a previous ruling that complaints filed by unions, professional organizations, relatives of COVID-19 victims, and a political party against the government for its management of the COVID-19 health crisis were

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Court Government Legal Legal 104

HowAppealing

DECEMBER 21, 2020

“ Texas v. Pennsylvania Would Have Upended the Electoral College; Texas’s innovative injury would allow any state to sue any other state, directly in the Supreme Court, for breach of its election laws”: Derek Muller has this post at the “Law & Liberty” blog.

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SCOTUSBlog

DECEMBER 21, 2020

Since 2011, there has been “an explosion” of amicus briefs at the Supreme Court, according to Arnold & Porter’s Anthony Franze and R. Reeves Anderson, who study the issue and recently wrote an article examining the decade-long trend. Franze and Anderson join SCOTUStalk host Amy Howe for a look at how amicus briefs have evolved. They examine what type of amicus brief is likely to influence the court, how the justices interact with the briefs and, most importantly, how to correctly pronounce “

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Court 119

HowAppealing

DECEMBER 21, 2020

“Four Types of Supreme Court Punts: (1) Run out the clock, (2) improve field position, (3) special team forces a turnover, and (4) the fake punt.” Josh Blackman has this post at “The Volokh Conspiracy.

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LegalReader

DECEMBER 21, 2020

Flipping sites isn’t easy, but if you can navigate the tricky terrain, you’ll find the profits are potentially enormous. Here are a few tips to get you started.

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HowAppealing

DECEMBER 21, 2020

“Fitch to ask U.S. Supreme Court to dismiss lawsuit claiming Jim Crow laws harm public education”: Bobby Harrison of Mississippi Today has this report.

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Patently O

DECEMBER 21, 2020

Eli Lilly and Co v. Apotex, Inc. ( Fed. Cir. 2020 ). You don’t see this often — the district court held on summary judgment that Apotex infringes under the doctrine of equivalents. On appeal, the Federal Circuit has affirmed – finding no error. (Nonprecedential opinion). Lilly’s US7772209 claims a particular treatment scheme for pemetrexed disodium that includes a pre-treatment with folic-acid to avoid the harsh side-effects.

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ABA Journal

DECEMBER 21, 2020

This past year, we've covered a wide array of in-depth, diverse and hard-hitting legal topics at the ABA Journal.

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Legal Legal 117

Speaker: Adina Marta Newman

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