Mon.Jul 25, 2022

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Memo to Prosecutors: Visit Your Local Prison

The Crime Report

Earlier this month, Attorney General Merrick Garland appointed Colette S. Peters to serve as Director of the Federal Bureau of Prisons (BOP) Many eyes will now be on the troubled agency and what is happening behind bars under new leadership. Rightfully so, given years of dangerous conditions, abuse, corruption and mismanagement at the BOP. Editor’s Note: A week after Peter’s appointment, outgoing BOP Director Michael Carvajal was s ubpoenaed to testify before a Senate committee examining abuse

Attorney 133
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What is a Public Defense Paralegal?

Paralegal Bootcamp

Modern law is extraordinarily complex. It’s built upon dysfunctional models like income inequality, sexism, racism, and much more. As society shifts and the need for lawyers to work faster and smarter grows, it becomes increasingly important that lawyers are able to nurture partnerships with freelance paralegals and legal assistants. Why do these partnerships matter?

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Myanmar junta carries out country’s first judicial executions since 1976 amid widespread international criticism

JURIST

According to state media Monday, Myanmar’s military junta executed four pro-democracy activists over the weekend. The four individuals put to death were Phyo Zeya Thaw, a lawmaker from Aung San Suu Kyi’s ousted party National League for Democracy, and veteran activist Ko Jimmy, both sentenced under the Myanmar Counter-Terrorism Law , and Ko Hla Myo Aung and Ko Aung Thura Zaw, both sentenced for the murder of a woman they claimed was an informer for the junta.

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Article of Interest: The Law’s Aversion to Naked Statistics and Other Mistakes

EvidenceProf Blog

Professor Ronald J. Allen (Northwestern Pritzker School of Law) and Christopher Smiciklas (a recent graduate of the Northwestern Pritzker School of Law) have posted The Law’s Aversion to Naked Statistics and Other Mistakes (forthcoming in Legal Theory) on SSRN. Here.

Legal 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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Rights group files complaint against former Sri Lanka President Rajapaksa for war crimes

JURIST

A human rights group Sunday filed a criminal complaint with the attorney general of Singapore, accusing former Sri Lankan President Nandasena Gotabaya Rajapaksa of perpetrating war crimes and human rights violations during the country’s civil war. Rajapaksa fled to Singapore earlier this month as Sri Lankans gathered in protest over alleged government corruption and economic downturn.

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Tunisian voters approve new constitution, expand executive power

JURIST

Tunisian citizens voted Monday to accept the country’s new constitution and expand the president’s powers. In a vote with 25 percent voter turnout, the constitution was adopted by over 90 percent of voters. Tunisia’s 2014 constitution allowed more representation and parliamentary power. In July 2021, President Kais Saied used emergency powers to fire the prime minister and freeze parliament for a month.

Drafting 104
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“Harvard Urges Supreme Court to Preserve Affirmative Action in College Admissions”

HowAppealing

“Harvard Urges Supreme Court to Preserve Affirmative Action in College Admissions”: Greg Stohr of Bloomberg News has this report. You can access the Brief for Respondent at this link.

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Former US congressman Stephen Buyer charged by SEC with insider trading

JURIST

The Security and Exchange Commission (SEC) Monday filed charges against former US congressman Stephen Buyer for insider trading. The SEC’s complaint states that when “Buyer left Congress in 2011 and set up a consulting company called the Steve Buyer Group,” in both 2018 and 2019 Buyer used material non-public information from two clients “to trade securities for his own benefit.” Through this material non-public information, Buyer learned of a confidential, planned

Court 104
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“For Legal Conservatives, Six Decades Of Folding, Followed By Sixteen Years To Draw A Full House; On the plus side, we had Rehnquist, Scalia, Thomas, Alito, Gorsuch, Kavanaugh, and Barrett; On the down side, we had Roberts, Souter, Kennedy, O’Connor, Powell, Blackmun, Burger, Stewart, Whittaker, Brennan, and Warren”

HowAppealing

“For Legal Conservatives, Six Decades Of Folding, Followed By Sixteen Years To Draw A Full House; On the plus side, we had Rehnquist, Scalia, Thomas, Alito, Gorsuch, Kavanaugh, and Barrett; On the down side, we had Roberts, Souter, Kennedy, O’Connor, Powell, Blackmun, Burger, Stewart, Whittaker, Brennan, and Warren”: Josh Blackman has this post at “The Volokh Conspiracy.

Legal 100
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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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Myanmar dispatch: ‘Four more heroes have fallen’

JURIST

Myanmar law students are reporting for JURIST on challenges to the rule of law in their country under the military junta that deposed the civilian government of Aung San Suu Kyi in February 2021. Here, one of our correspondents comments on the executions for alleged terrorism of four men, including democracy activists Ko Jimmy (a former student leader) and Phyo Zeya Thaw, a onetime NLD lawmaker.

Depose 104
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“Conservatives Are Pretending They’re Not Coming for Marriage Equality Next. We’ve Heard That Before. These are the exact same arguments that right-wingers used to attack abortion rights.”

HowAppealing

“Conservatives Are Pretending They’re Not Coming for Marriage Equality Next. We’ve Heard That Before. These are the exact same arguments that right-wingers used to attack abortion rights.” Matt Ford has this essay online at The New Republic.

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97% Of General Counsels Agree: #Winning Isn’t Everything

Above The Law

The last thing an enterprise wants is to wind up in the news for using business partners who themselves are making headlines due to unaligned ethical choice. The post 97% Of General Counsels Agree: #Winning Isn’t Everything appeared first on Above the Law.

Laws 103
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“Gavin Newsom’s plan to save the Constitution by trolling the Supreme Court; A new California gun law should force the Supreme Court to confront the enormity of its worst decision in decades”

HowAppealing

“Gavin Newsom’s plan to save the Constitution by trolling the Supreme Court; A new California gun law should force the Supreme Court to confront the enormity of its worst decision in decades”: Ian Millhiser has this essay online at Vox.

Court 100
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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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EEOC Probing Tesla Over Civil Rights Complaints

Law 360

Tesla Inc. said in its quarterly financial filing Monday that the U.S. Equal Employment Opportunity Commission has issued a finding against the company concerning alleged systemic race discrimination, hostile work environment and pay equity claims.

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“Supreme Court’s abortion ruling puts attention on states’ supreme court elections”

HowAppealing

“Supreme Court’s abortion ruling puts attention on states’ supreme court elections”: Shaylee Ragar of Montana Public Radio had this audio segment on today’s broadcast of NPR’s “Morning Edition.

Court 100
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WDTX Ends Albright's Patent Grip With Random Assignments

Law 360

Under a new policy announced Monday, patent cases filed in Waco, Texas, will be randomly assigned to one of 12 judges in the Western District of Texas in order to "equitably distribute" them, effectively shutting down Judge Alan Albright's vast and widely criticized patent docket.

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“The Hosts of ‘5-4’ Never Trusted the Supreme Court; With public confidence in the top judicial body at a record low, a leftist podcast is preaching to a growing choir”

HowAppealing

“The Hosts of ‘5-4’ Never Trusted the Supreme Court; With public confidence in the top judicial body at a record low, a leftist podcast is preaching to a growing choir”: Reggie Ugwu of The New York Times has this report. You can access the podcast via this link.

Court 100
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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Why Does Anyone Care If Clarence Thomas Is Nice? He’s Still Taking Away Your Basic Rights

Above The Law

His former clerk *insists* he's a sweet guy who just enjoys taking away fundamental human rights as a side hobby. The post Why Does Anyone Care If Clarence Thomas Is Nice? He’s Still Taking Away Your Basic Rights appeared first on Above the Law.

Laws 98
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“Tyson Asks Supreme Court to Overturn Covid Liability Ruling”

HowAppealing

“Tyson Asks Supreme Court to Overturn Covid Liability Ruling”: Bruce Rolfsen of Bloomberg Law has this report. And the petition for writ of certiorari features Paul D. Clement’s new office address. (His new law firm now has a website too!).

Law Firm 100
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Navajo Police ‘Left in Dark’ by FBI Crimefighting Initiative

The Crime Report

The 52nd Navajo Police Training Academy class celebrates their graduation in Chinle, Ariz., on June 22, 2018. Photo courtesy Navajo Nation Office of the Speaker. To battle rising violent crime in the sprawling Navajo nation, the FBI has implemented what may be one of the most innovative outreach initiatives in the bureau’s history, But it has left the Navajo Nation Police Department in the dark.

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“The Conservative Agenda Depends On Judges Being Terrible Historians; By giving lower court judges a task they can’t complete, the Court’s conservatives are setting themselves up as the only amateur historians who matter”

HowAppealing

“The Conservative Agenda Depends On Judges Being Terrible Historians; By giving lower court judges a task they can’t complete, the Court’s conservatives are setting themselves up as the only amateur historians who matter”: Jacob Hammond has this post at “Balls and Strikes.

Court 100
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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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Law360's Diversity Snapshot: What You Need To Know

Law 360

As many law firms have renewed their commitments to diversity, the task of the past year has been to bring new energy to the work and put those promises into action. Here's our data dive into minority representation at law firms in 2021.

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“‘We, Too, Are Frustrated’: Rehearing Remains Elusive Years After 11th Circuit Banned Class Action Awards; The 2020 opinion from the Eleventh Circuit found incentive awards unlawful, prompting judges across the country to grapple over whether to grant the commonplace awards to class representatives in class action settlements.”

HowAppealing

“‘We, Too, Are Frustrated’: Rehearing Remains Elusive Years After 11th Circuit Banned Class Action Awards; The 2020 opinion from the Eleventh Circuit found incentive awards unlawful, prompting judges across the country to grapple over whether to grant the commonplace awards to class representatives in class action settlements.” Amanda Bronstad of the Daily Business Review has this report.

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Unsolved Homicides Fuel Backlash Against Justice Reform

The Crime Report

With violent crime rising, several cities across the country saw a spike in unsolved homicides, causing some to rethink the models of policing. In Washington, the police force cleared 49 percent of its murder cases through July, compared to 65 percent during the same period last year. Last year, the Metropolitan Police Department ended with a final 69 percent clearance rate, reports the Washington Times.

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“Expected Applications, the Second Amendment, and Why Real Originalism is Either Intolerable or Impossible”

HowAppealing

“Expected Applications, the Second Amendment, and Why Real Originalism is Either Intolerable or Impossible”: Eric Segall has this blog post at “Dorf on Law” responding to John O. McGinnis’s recent post at the “Law & Liberty” blog titled “ Bruen ‘s Originalism; Bruen clarifies the meaning of the Second Amendment, but it also has potentially transformative implications for originalist theory.

Laws 100
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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.