Sat.May 01, 2021

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Federal appeals court allows Navajo Nation water supply claim against Interior Department to go forward

JURIST

The US Court of Appeals for the Ninth Circuit on Wednesday revived a 2003 breach of trust claim by the Navajo Nation that would require the US government to allocate water for the tribe. Going forward, this case will look at whether the government has a fiduciary duty to ensure that the amount of water supplied to the tribe is sufficient “to fulfill the promise of establishing a Navajo Reservation as a homeland for the Nation’s people.”.

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Middle District of Pennsylvania Finds 20 Year Old Convictions Admissible to Impeach Cooperating Witness

EvidenceProf Blog

Federal Rule of Evidence 609(b) states the following This subdivision (b) applies if more than 10 years have passed since the witness’s conviction or release from confinement for it, whichever is later.

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Trending Sources

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European Commission charges Apple with antitrust violations in music-streaming market

JURIST

The European Commission on Friday announced it has charged Apple and the App Store with antitrust violations in the music-streaming market. In its Statement of Objections , the commission states the company “distorted competition in the music streaming market as it abused its dominant position for the distribution of music streaming apps.” The charge concerns mandatory use of an in-app purchase mechanism that Apple imposes on other music-streaming developers in order to distribute th

Legal 197
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“A Supreme Court Eminent Domain Case Both Sides Deserve to Lose; PennEast v. New Jersey features a clash between the power of eminent domain and state sovereign immunity”

HowAppealing

“A Supreme Court Eminent Domain Case Both Sides Deserve to Lose; PennEast v. New Jersey features a clash between the power of eminent domain and state sovereign immunity”: Ilya Somin has this post at “The Volokh Conspiracy.

Court 100
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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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Italy prosecutors request trial of Egyptian security officials over murder of student in Cairo

JURIST

In a preliminary hearing Thursday, prosecutors requested a Rome court to place four Egyptian security officials on trial over their alleged involvement in the murder of Giulio Regeni. Regeni, an Italian PhD student, disappeared and was found dead in Cairo in February 2016. His body showed evidence of significant trauma, and it was suspected that Regeni’s involvement in research on Egyptian trade unions may have resulted in his disappearance, as they have a history of opposition to the Egyptian

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Supreme Shift (Part 4): Final on Barrett's Past Record

NewYorkCourtWatcher

As Nick raised his glass, Father Keller said out loud, "Finally."—from WHERE HAVE YOU GONE WITHOUT ME, by Peter BonventreYes, "Finally," Part 4.Chip Somodevilla/Getty ImagesLate last year, in the previous installments in this series, we saw a pretty clear pattern. We were looking at now-Justice Amy Coney Barrett's record while a judge on the 7th Circuit Court of Appeals.

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Stryker Corporation 2021 Proxy Votes

Corporate Governance

Stryker Corporation 2021 annual meeting is May 5, 2021, at 11AM Pacific Time. To attend, vote, and submit questions during the Annual Meeting visit www.virtualshareholdermeeting.com/SYK2021 and enter the 16-digit control number. With my broker (TD Ameritrade), the only place I can find that control number is in a “vote now!” email I received long ago.

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Australia: Family Court judges to be trained about the malicious use of false accusations - Sydney Criminal Lawyers

Mondaq

New training for judges could include false, malicious allegations about victims of domestic and family violence.

Lawyer 75
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S&P Global 2021 Proxy Votes

Corporate Governance

S&P Global 2021 annual meeting is May 5, 8AM Pacific Time. To attend, vote, and submit questions during the Annual Meeting visit www.meetingcenter.io/283714745. You will need your control number. Of course, I recommend voting in advance. To enhance long-term value. Vote AGAINST , the Auditor, and Pay. Vote FOR. With my broker (TD Ameritrade), the […].

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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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Application of Prohibition of Child Marriage Act does is secular in nature- Punjab & Haryana HC

LexForti

The Punjab and Haryana High Court observed that application of Prohibition of Child Marriage Act, 2006 is a secular legislation and even though Muslim Personal Law permits marriage upon attaining the age of puberty, the secular law would not create any distinction on the basis of religion. In the instant case, the petitioner had married a Muslim boy.

Legal 52
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Australia: When are liquidated damages in reality a penalty and therefore not enforceable? - Bartier Perry

Mondaq

Liquidated damages are often resisted by contractors, on the basis that the liquidated damages rate is really a penalty.

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California Professor Triggers Controversy Over Anti-Police Comments Captured On Videotape

JonathanTurley

There are growing complaints about faculty using classes for raw advocacy or political diatribes. The most recent such complaint arose at Cypress College where an instructor slammed a student, Braden Ellis, after he called police “heroes.” The unnamed adjunct professor insisted that police were created in the South to track down runaway slaves and represent a danger to her and others.

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Australia: Is it legal to ride an eScooter in New South Wales? - Sydney Criminal Lawyers

Mondaq

It continues to be illegal to ride eScooters on roads and road-related areas across New South Wales.

Lawyer 52
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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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“Republicans say court packing is ‘unconstitutional.’ They’re wrong. The argument that court expansion is unconstitutional is weak, transparently political — and most importantly, wrong.”

HowAppealing

“Republicans say court packing is ‘unconstitutional.’ They’re wrong. The argument that court expansion is unconstitutional is weak, transparently political — and most importantly, wrong.” Law professor Steve Vladeck has this essay online at MSNBC.

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Australia: Immigration services for the engineering & resource industries - Hammond Taylor

Mondaq

The 482 visa program enables employers in the engineering sector to source critical skills not easily found locally.

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Tennessee Coach Sues After Being Fired For Tweet Insulting Stacey Abrams

JonathanTurley

We have been discussing disciplinary actions taken against faculty and students for statements made outside of their respective schools. The latest involves Chris Malone who was fired as the offensive line coach for The University of Tennessee at Chattanooga after he posted an insulting tweet about Georgia politician Stacey Abrams. The tweet was insulting and sophomoric but the action taken by the university is rightfully now a legal matter before the Eastern District of U.S.

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Australia: Immigration services for the accounting, finance & insurance industries - Hammond Taylor

Mondaq

In the insurance industry, securing the best global talent is critical to building an efficient and competitive business.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Australia: Immigration services for the Information Technology (IT) industry in Australia - Hammond Taylor

Mondaq

The IT sector is vibrant and dynamic, but Australia is a small market, so access to global skills and knowledge is vital.

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Australia: Immigration services for the health & aged care industries - Hammond Taylor

Mondaq

Sourcing skilled staff in the health & aged care areas is a challenge for hospitals, clinics and even state governments.

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Australia: Justice goes unserved for David Dungay, as the killer of George Floyd is convicted - Sydney Criminal Lawyers

Mondaq

After 5 years, a coronial inquest and a public campaign, no one has been held to account for the death of David Dungay.

Lawyer 40
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Australia: Immigration services for not-for-profit organisations & NGOs - Hammond Taylor

Mondaq

A workplace investigation was conducted into allegations of a serious breach of the NFP organisation's code of conduct.

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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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Australia: New provisions for casual workers in the 2021 Fair Work amendment act - MDC Legal

Mondaq

The Act introduced significant amendments regarding casual employment and obligations on employers of casual employees.

Legal 40
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Australia: Mine site adoption of renewable initiatives - McCullough Robertson

Mondaq

The global focus on renewable energy projects has increased, as are renewable energy initiatives by the mining sector.

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Australia: Immigration services for start-up organisations - Hammond Taylor

Mondaq

The Australian immigration system of temporary work visas does not provide a clear or simple pathway for IT start-ups.

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Australia: Immigration services for the agriculture & horticulture industries - Hammond Taylor

Mondaq

In the agriculture sector, seasonal work demands mean that businesses engage temporary staff on a short term basis.

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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.