Sun.Mar 28, 2021

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French research commission finds that France bears responsibility but is absolved of complicity in Rwandan genocide

JURIST

The Research Commission on the French Archives relating to Rwanda and the Tutsi genocide (Duclert Commission) on Friday submitted its report to French President Emmanuel Macron finding that the country bears responsibility due to its inaction, but was not complicit with the regime that perpetrated the genocide. Between April and July 1994, at least 800,000 people — Tutsis and moderate Hutus — were killed, and 250,000-500,000 raped, by Hutus.

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Does the Rule From Torres v. Madrid Apply to Unintended Victims?

EvidenceProf Blog

In its opinion last week in Torres v. Madrid, the Supreme Court held "that the application of physical force to the body of a person with intent to restrain is a seizure even if the person does not submit and.

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Supreme Court rules police shooting constitutes Fourth Amendment seizure

JURIST

The Supreme Court ruled 5-3 on Thursday that a Fourth Amendment seizure occurred when police shot a woman, Roxanne Torres, in the back as she fled because the police used physical force with intent to restrain. Roxanne Torres was driving away from police officers in 2014 when the officers shot her in the back twice. Torres kept driving, successfully fleeing the scene.

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“Woulda, Coulda SCOTUS: The modern history of the Supreme Court’s trampling of equality, and the decisions that might have changed all that.”

HowAppealing

“Woulda, Coulda SCOTUS: The modern history of the Supreme Court’s trampling of equality, and the decisions that might have changed all that.” You can access via this link the new installment of Slate’s “Amicus” podcast with Dahlia Lithwick, featuring Adam Cohen as her guest.

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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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“Possible cause”: Court seems poised to allow warrantless community caretaking entries into the home

SCOTUSBlog

On Wednesday, the Supreme Court heard argument in Caniglia v. Strom over whether the “community caretaking” exception to the Fourth Amendment’s warrant requirement extends to the home. For a case one expert commentator deemed “small,” much was at play here, as evidenced by the simulacrum. The post “Possible cause”: Court seems poised to allow warrantless community caretaking entries into the home appeared first on SCOTUSblog.

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UK Supreme Court rejected appeal against Asda workers comparing their roles to their colleague’s in equal pay dispute

JURIST

The UK Supreme Court on Friday permitted shop floor workers of Asda, a major supermarket retailer in the UK, to compare their roles to the roles of their colleagues in distribution centres to claim equal pay. Asda’s shop floor workers, who are predominantly women, are seeking compensation for receiving less pay than their colleagues employed in distribution depots, who are mostly men, for doing work of equal value.

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“Death is the right penalty for Tsarnaev; A judge went to great lengths to ensure a fair trial for the Boston Marathon bomber”

HowAppealing

“Death is the right penalty for Tsarnaev; A judge went to great lengths to ensure a fair trial for the Boston Marathon bomber”: Columnist Jeff Jacoby has this op-ed in today’s edition of The Boston Globe.

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Lawsuit Filed Against Social Workers, Hennepin County After Murder of Infant Child

LegalReader

Hennepin County and two social workers recently came under fire in a lawsuit over the 2018 death of an infant girl, Layla Mary Ann Jackson.

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“Landlord Avoids FHA Suit Over Tenant-on-Tenant Racial Harassment”

HowAppealing

“Landlord Avoids FHA Suit Over Tenant-on-Tenant Racial Harassment”: Bernie Pazanowski has this report (subscription required for full access) on an en banc ruling that the U.S. Court of Appeals for the Second Circuit issued Thursday. As is typical for the Second Circuit, the judges remain divided over whether the proceeding was en banc or in banc.

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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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Patently-O Bits and Bytes by Juvan Bonni

Patently O

Recent Headlines in the IP World: David Phelan: Apple iPhone 13: Patent Hints At Radically Different Innovation (Source: Forbes). Christopher Rowland: Advocates Want NIH to Use its Moderna Vaccine Patent to Push for Global Access (Source: The Washington Post). Larry W. Reaugh: American Manganese Patent Application Receives Notice of Allowance from Korean Intellectual Property Office (Source: AccessWire).

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Last Wednesday, the U.S. Court of Appeals for the Third Circuit denied rehearing en banc in Philadelphia Safehouse case

HowAppealing

Last Wednesday, the U.S. Court of Appeals for the Third Circuit denied rehearing en banc in Philadelphia Safehouse case: You can access the order, and the opinion dissenting therefrom, at this link. My earlier coverage of the original divided three-judge panel’s ruling can be accessed here and here.

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The Privacy War: Apple vs. Facebook

Fordham Law News

Two of the world’s largest companies, Apple and Facebook, are in the midst of a vicious, public “war” over Apple’s new privacy feature, Apple Tracking Transparency (“ATT”), featured in iOS 14. This war is over the personal data of millions of Apple users and whether companies, like Facebook, should be allowed to track user data as effortlessly as they currently do. [1] The goal of ATT is to provide users with more autonomy over which companies can track their data, by prompting users to disab

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“Judicial Notice: March 27, 2021; Notable legal news from the week that was.”

HowAppealing

“Judicial Notice: March 27, 2021; Notable legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

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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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Turkey Prosecutes French Journalists For Cartoon Mocking Erdogan

JonathanTurley

In 2015, I wrote a Washington Post colum n criticizing the world leaders who marched for free speech and the free press after the massacre of editors with from the satirical weekly Charlie Hebdo, particularly the vehemently anti-free speech and anti-free press president of Turkey Recep Tavyip Erdogan. The editors were murdered because the magazine published a cartoon of Mohammad.

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“Ford Plays Legal Hardball With Accident Victims”

HowAppealing

“Ford Plays Legal Hardball With Accident Victims”: Kenneth Jost has this post at his “Jost on Justice” blog.

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Shareholder Rights in 2021

Corporate Governance

SEC to Protect Shareholder Rights in 2021 Shareholder rights in 2021 will strengthen if recent speculation is realized. U.S. Senate Democrats aim to undo Trump-era shareholder voting rights rule. Shareholder Rights in 2021: History As discussed elsewhere on CorpGov.net (Review: Carl Gershenson). After its founding, the SEC was largely a champion of shareholder rights, requiring companies […].

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“Cameras in the Supreme Court would be good”

HowAppealing

“Cameras in the Supreme Court would be good”: Gabe Roth has this letter to the editor online at The Washington Post.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Former Yale Professor Bandy Lee Sues University Over Termination

JonathanTurley

I have long been an out-spoken critic of Dr. Bandy Lee, a former faculty member in the School of Medicine and Yale Law School, who has made bizarre and unprofessional statements about the mental fitness of not just former president Donald Trump but his supporters. A favorite expert of MSNBC, Lee never disappointed hosts in declaring Trump and his supporters are mentally ill and dangerous.

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“Dianne Feinstein becomes California’s longest-serving U.S. senator”

HowAppealing

“Dianne Feinstein becomes California’s longest-serving U.S. senator”: Jennifer Haberkorn of The Los Angeles Times has this report.

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“Supreme Court to decide whether Goldman Sachs shareholders can bring suit in major fraud case”

HowAppealing

“Supreme Court to decide whether Goldman Sachs shareholders can bring suit in major fraud case”: Tucker Higgins of CNBC has this report.

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“It might be time for Stephen Breyer to retire from the Supreme Court; A slim Democratic margin in the Senate offers the president his best chance for a Black woman justice; First, he needs a vacancy on the high court”

HowAppealing

“It might be time for Stephen Breyer to retire from the Supreme Court; A slim Democratic margin in the Senate offers the president his best chance for a Black woman justice; First, he needs a vacancy on the high court”: Columnist Renée Graham has this op-ed in today’s edition of The Boston Globe.

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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.