Fri.Apr 30, 2021

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Germany top court rules climate change law is insufficient

JURIST

Germany’s Federal Constitutional Court held Thursday that several provisions in the country’s Federal Climate Change Act of 2019 were insufficient and violate freedoms in the Basic Law. The court described the idea of climate change having severe impacts that affect virtually all aspects of human life. The case started in 2019 when farming families from the North Sea Island sued the government after a series of unexpected hot summers followed by rising sea levels plagued the Northern

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Lawyer Tech Tips: Online Business Development Ideas to Try Today

Attorney at Work

Get ready to refresh your online business development toolkit. Our experts have recommendations. During the pandemic, lawyers have experienced changes in how they connect with people — including those who might need their services. So what are some of the best online business development options lawyers have been using, and that you could be using too?

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Japan Parliament approves RCEP free trade deal with China and ASEAN

JURIST

The Parliament of Japan (Diet) on Wednesday approved the Regional Comprehensive Economic Partnership (RCEP) free trade deal at a plenary meeting of the House of Councillors (upper chamber of Diet). The move follows the Japanese Cabinet’s decision to approve the ratification in February. RCEP is touted as one of the world’s largest free trade deals and has been signed by 15 countries in the Asia Pacific region, including China, South Korea, Australia and the 10-member ASEAN comprising

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Black Crime Victims ‘Systematically Excluded’ from Victim Rights Efforts

The Crime Report

Photo by booturtle via Flickr. Black victims of crime in America are under-represented in the media, and as a result rarely get the institutional and legal recognition given their white counterparts, according to a forthcoming study in the Lewis & Clark Law Review. . “Through their definition as non-ideal victims, Blacks have been systematically excluded from law and policy aiming to improve victims’ rights, and more broadly have not been recognized—socially and institutionally—as legitimate

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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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Federal appeals court says Kentucky may enforce price gouging law against sellers on Amazon

JURIST

The US Court of Appeals for the Sixth Circuit concluded Thursday that Kentucky may enforce price gouging laws against sellers on Amazon, overturning a district court preliminary injunction. Price gouging is the practice of unfairly and dramatically increasing the price of a commodity during spikes in demand. Reports of such activity have risen since the onset of the COVID-19 pandemic. “Commonwealth’s price-gouging laws exist to protect Kentuckians from bad actors,” Kentucky Att

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Biden pushes for gun control legislation in joint address to Congress

JURIST

US President Joe Biden pushed for gun control legislation Wednesday evening in his first major address to Congress. Banning assault weapons and high-capacity magazines, as well as closing background check loopholes, are proposals the president is hoping to sign during his administration. “These kinds of reasonable reforms have overwhelming support from the American people, including many gun owners.

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“Prince Photog Asked How Supreme Court Ruling Impacts Warhol Case”

HowAppealing

“Prince Photog Asked How Supreme Court Ruling Impacts Warhol Case”: Kyle Jahner of Bloomberg Law has a report (subscription required for full access) that begins, “The Second Circuit asked a photographer how the Supreme Court’s Google v. Oracle ruling impacts her copyright infringement win over the Andy Warhol Foundation.

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JURIST Digital Scholars Program Calls for Applications for Summer 2021

JURIST

JURIST is a nonprofit legal news organization powered by a global team of smart, dedicated, and public-minded volunteer law students connected for the greater good. JURIST engages law students to research and report legal news that matters, find and share primary sources, work with experts and on-the-ground observers, and explain legal developments to improve civic engagement and strengthen the rule of law.

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“Pa. Supreme Court will pick chair of powerful state redistricting panel”

HowAppealing

“Pa. Supreme Court will pick chair of powerful state redistricting panel”: Marie Albiges of Spotlight PA has an article that begins, “The Pennsylvania Supreme Court will pick the chair of a powerful redistricting panel after the General Assembly’s top leaders deadlocked on who should cast the likely tie-breaking vote on new legislative maps.” You can view today’s letter from the leaders of Pennsylvania’s General Assembly to the Chief Justice of the Supre

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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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Canada dispatches: law student reflects on Alberta COVID crisis as Calgary infection rate doubles India

JURIST

[A special report by one of JURIST’s Canadian law student staffers at the University of Calgary Law School, reporting as a Canada correspondent, pro tem ]. Calgary Mayor Naheed Nenshi addressed my city once again Thursday in regard to City’s Council’s response to our “third wave” of the COVID-19 pandemic. Over a year into this crisis, there is nothing unusual about emotional press conferences held by politicians at all levels throughout Canada, as our management of

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“Citi Asks Appeals Court to Reverse Ruling on Errant $500 Million Transfer”

HowAppealing

“Citi Asks Appeals Court to Reverse Ruling on Errant $500 Million Transfer”: Chris Dolmetsch and Jennifer Surane of Bloomberg News have this report. I have uploaded Citibank’s opening brief for appellant at this link.

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IDEA Act (S.632)

Patently O

I previously mentioned the IDEA Act (S.632) that is pending before the Senate. The proposal would have the PTO collect demographic information about patent inventors. This includes “including gender, race, military or veteran status, and any other demographic category that the Director determines appropriate.” The information is to be kept confidential and away from the application file (so that examiners are not biased).The proposal states that the collection is “voluntary.

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“Two more Oklahoma death row inmates have convictions overturned”

HowAppealing

“Two more Oklahoma death row inmates have convictions overturned”: Chris Casteel of The Oklahoman has an article that begins, “An Oklahoma death row inmate who was just weeks away from execution in 2015 for killing his infant daughter had his conviction reversed Thursday because the child was a Cherokee and the crime occurred on the tribe’s reservation.” Yesterday’s rulings of the Oklahoma Court of Criminal Appeals — that state’s highest court in c

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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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Is it Legal to Track Employees with Vehicle GPS Tracking?

LawTechnologyToday

Over the years, the evolution of GPS technology has paved the way for advanced management systems that help businesses worldwide improve their efficiency, productivity, and profitability. The tools these sophisticated systems bring to the table reshaped entire business industries and changed the core principals of transport and logistics operations.

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“Making More Sense of the Limited Cert Grant in NYS Rifle & Pistol Association v. Corlett; Perhaps the Court can consolidate the New York Case with Young v. Hawaii”

HowAppealing

“Making More Sense of the Limited Cert Grant in NYS Rifle & Pistol Association v. Corlett; Perhaps the Court can consolidate the New York Case with Young v. Hawaii”: Josh Blackman has this post at “The Volokh Conspiracy.

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Are Body-Worn Cameras Effective?

The Crime Report

Body-worn cameras are increasingly being used by U.S. law enforcement agencies and often play a central role in high-profile police killings. But wide disparities remain in how they are employed and when the footage is made public, reports Reuters. As of 2016, about 47 percent of the country’s 15,328 general-purpose law enforcement agencies had bought the cameras, according to a 2018 report by the Bureau of Justice Statistics, the most recent study measuring nationwide usage.

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“Petty Sticklerism That Fortuitously Benefits An Undocumented Immigrant is Still Petty Sticklerism”

HowAppealing

“Petty Sticklerism That Fortuitously Benefits An Undocumented Immigrant is Still Petty Sticklerism”: Michael C. Dorf has this post at his blog, “Dorf on Law.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Never Say These Things to an Insurance Company After an Accident

LegalReader

You should be as honest as possible with insurance companies, but that doesn’t imply revealing unsolicited information. Trying to be too specific may result in errors, mistakes, and admitting fault. .

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“Exploring the Meaning of and Problems With the Supreme Court’s (Apparent) Adoption of a ‘Most Favored Nation’ Approach to Protecting Religious Liberty Under the Free Exercise Clause: Part One in a Series.”

HowAppealing

“Exploring the Meaning of and Problems With the Supreme Court’s (Apparent) Adoption of a ‘Most Favored Nation’ Approach to Protecting Religious Liberty Under the Free Exercise Clause: Part One in a Series.” Law professors Vikram David Amar and Alan E. Brownstein have this essay online at Justia’s Verdict.

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The Importance of Core Values: How to Captivate Customers & Compel Teams

The Process Street

“Well-defined values don’t sound like the safe platitudes of a Hallmark card” – Patrick M. Lencioni , Management guru. Lencioni also wrote that “Most values statements are bland, toothless, or just plain dishonest. [They] create cynical and dispirited employees, alienate customers, and undermine managerial credibility.” For early stage startups, formal value statements are multi-functional; they should help your team understand and act on your internal best pr

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“Progressives for Contempt of Court; AOC and friends try to turn disbarred Steven Donziger into a martyr”

HowAppealing

“Progressives for Contempt of Court; AOC and friends try to turn disbarred Steven Donziger into a martyr”: The Wall Street Journal has published this editorial.

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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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LA County District Attorney, Sheriff Sued for Misconduct Records

The Crime Report

The Human Rights Defense Center, a law enforcement and prison watchdog group, has sued the Los Angeles County District Attorney’s office and the Sheriff’s Department alleging a pattern of unlawful restricting of public access to misconduct claims and lawsuits against the agencies, reports the Courthouse News Service. The watchdog group claims the LA County Sheriff’s Department is refusing to grant public access to at least 1,000 claims and lawsuits alleging misconduct ranging from wrongful death

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“Why we all should want the suspended cheerleader to win her Supreme Court case”

HowAppealing

“Why we all should want the suspended cheerleader to win her Supreme Court case”: Law professor Justin Driver has this essay online at The Washington Post.

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Legalized Marijuana Industry Struggles to Meet Diversity Goals

The Crime Report

While social equity has been a selling point for marijuana legalization for states around the country, with New York most recently setting a goal of getting 50 percent of licenses to minorities and other social equity applicants after instituting broad legalization of the drug last month, so far the goals have far outstripped realities, partly due to legal entanglements as states look to broaden diversity in cannabis boardrooms, retail shops, production plants and greenhouses, reports the Associ

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Controlled substances, political ads and employee transfers

SCOTUSBlog

Share This week we highlight petitions that ask the Supreme Court to consider, among other things, whether doctors may argue “good faith” as a defense for violating the Controlled Substances Act in prescribing pain medication, whether the Philadelphia transit system can prohibit political advertisements on its buses, and whether an employee who is transferred to a new job with the same pay and benefits as before can bring a claim of employment discrimination.

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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.