Thu.Jun 03, 2021

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Putting Your Smart Phone on the Witness Stand

The Crime Report

Unconscious bias in digital forensic analysis creates “undetected miscarriages of justice,” according to a study to be published in Forensic Science International: Digital Investigation. Digital forensics, or the search, recovery and analysis of evidence found on a suspect’s electronic devices has become increasingly popular as more and more people use technology to communicate, which leaves traces of evidence behind, reports The Guardian in a summary of the study.

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19 Tips to Streamline Records Retrieval

Paralegal Bootcamp

19 Tips to Streamline Records Retrieval. RESEARCH & DUE DILIGENCE. If your firm handles litigation that involves any sort of injuries, chances are you’re familiar with the process of records retrieval. While records retrieval does not have to be a complicated activity, each step does have its fair share of nuances. The following are various considerations and opportunities each step of the way that may add value to your current approach to records retrieval. #1 Confirm accurate location info

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Trending Sources

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US Supreme Court rejects Ninth Circuit rule presuming credibility of asylum seeker testimony

JURIST

The US Supreme Court on Tuesday reversed a Ninth Circuit rule that required courts reviewing immigration decisions to assume that testimony from petitioners was credible and true unless the immigration judge (IJ) made an explicit adverse credibility determination. This consolidated case involved two asylum seekers whose initial testimonies were later undermined by new facts that came to light.

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Justices narrow federal computer-fraud statute

SCOTUSBlog

Share The Supreme Court on Thursday rejected the government’s broad interpretation of a federal law that makes it a crime to “exceed authorized access” on a computer. By a vote of 6-3 with an ideologically scrambled line-up, the court overturned the conviction of a Georgia police officer who searched an official police database for personal purposes.

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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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China internet blogger jailed for comments on China-India border clash

JURIST

A court in Nanjing in eastern China’s Jiangsu province sentenced a popular internet blogger, Qiu Ziming, to eight months in jail Tuesday for his comments about Chinese soldiers who died in a border clash with Indian soldiers at Galwan Valley in June of last year. The Chinese government released casualty figures from the Galwan Valley clash that asserted that only four Chinese soldiers were killed in the clash with Indian troops.

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New York police sued for using excessive force on peaceful protester

JURIST

The NAACP Legal Defense and Educational Fund (LDF) joined with several other legal entities in a lawsuit Tuesday accusing New York Police officers of race discrimination, police brutality and violating the free speech of a peaceful protester. The lawsuit, filed against the City of New York, the mayor of New York, the Police Commissioner, and two officers, states that Andrew Smith was attacked by an NYPD officer during a peaceful protest against racial inequality last year.

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New Westlaw Feature Flags Weaknesses In Opponent’s Cases and Arguments

LawSites

A feature launched this week in Westlaw Edge is designed to help legal professionals more easily identify law that is contrary o their opponents’ arguments. Called Quick Check Contrary Authority Identification, the feature helps find cases that may be helpful in arguing against an opponent’s filing and prioritizes them in search results, according to an announcement from Thomson Reuters.

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US prosecutors seek to dismiss first Capitol riot case

JURIST

Federal prosecutors filed a motion Tuesday to dismiss a criminal case against Christopher Kelly, a New York man accused of participating in the Capitol riot on January 6. The Department of Justice (DOJ) has charged more than 450 people for participating in the riot, and Kelly’s case is the first the DOJ has moved to dismiss. The motion to dismiss was unopposed, and prosecutors discussed the merits of the case with Kelly’s lawyers.

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Harvard Law School Is Bad At Math — See Also

Above The Law

Harvard's Taking 90% Of Some Students' Summer Associate Salary: And the more they work, the less they earn. Cancel Culture Is Only A Problem When The Left Does It: Because free speech is contingent, I guess. Mueller To Teach The Mueller Report : He's probably familiar with the content. Congressman Is Ducking A Process Server: Seems dignified. .

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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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Where we are with the GATT Bubble of 1995

Patently O

by Dennis Crouch. The Federal Circuit recently wrote about the GATT-Bubble in Hyatt v. Hirschfeld decision. “[I]n the nine days leading to June 8, 1995, the PTO reported that it received and processed over 50,000 applications—one-quarter of the entire year’s projected filings.” Pre-GATT applicants had a comparative incentive to keep their patent applications pending longer because patent term was calculated based upon the issue date.* This was especially true in the early days prio

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“Chances grow that Supreme Court will take up Maine’s ban on religious school funding”

HowAppealing

“Chances grow that Supreme Court will take up Maine’s ban on religious school funding”: Matthew Stone of The Bangor Daily News has an article that begins, “A new federal court opinion in Vermont improves the chances that a Maine case challenging the state’s ban on public funding for religious schools could end up before the nation’s highest court, according to a constitutional law scholar.

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Prosecutors, Defense Wrangle Over Sentencing of Derek Chauvin

The Crime Report

Prosecutors on Wednesday said they are seeking a 30-year sentence for former Minneapolis police officer Derek Chauvin, while his defense attorney asked for less than the 15-year maximum in state sentencing guidelines or probation, reports the Wall Street Journal. Defense Attorney Eric Nelson continued to argue that Chauvin should be granted a retrial because of what he called prosecutorial and juror misconduct and errors by the judge, particularly in not granting a change of venue.

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“Supreme Court speaks loudly to critics in Thursday ruling. Here’s what justices are saying. The decision in Van Buren v. United States must have been another disappointment for Dems and advocates who are demanding raw court packing.”

HowAppealing

“Supreme Court speaks loudly to critics in Thursday ruling. Here’s what justices are saying. The decision in Van Buren v. United States must have been another disappointment for Dems and advocates who are demanding raw court packing.” Law professor Jonathan Turley has this essay online at Fox News.

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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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Diverse six-justice majority rejects broad reading of computer-fraud law

SCOTUSBlog

Share The Supreme Court’s decision on Thursday in Van Buren v. United States provides the court’s first serious look at one of the most important criminal statutes involving computer-related crime, the federal Computer Fraud and Abuse Act. Justice Amy Coney Barrett’s opinion for a majority 0f six firmly rejected the broad reading of that statute that the Department of Justice has pressed in recent years.

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“Senate confirms Valerie Stanfill as Maine’s chief justice; Justice Stanfill will succeed former Chief Justice Leigh Saufley, who stepped down last year to become dean of the University of Maine School of Law”

HowAppealing

“Senate confirms Valerie Stanfill as Maine’s chief justice; Justice Stanfill will succeed former Chief Justice Leigh Saufley, who stepped down last year to become dean of the University of Maine School of Law”: Kevin Miller of The Portland Press Herald has this report.

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Online bar exams axed by NCBE beginning next year

ABA Journal

Law grads taking bar exams developed by the National Conference of Bar Examiners next year should expect to take the test in person.

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“Snarky 9th Circ ConAgra opinion obscures big question in consumer cases”

HowAppealing

“Snarky 9th Circ ConAgra opinion obscures big question in consumer cases”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post. My earlier coverage of Tuesday’s Ninth Circuit ruling can be accessed here.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Real estate agents ask court to block eviction moratorium

SCOTUSBlog

Share A group of Alabama real estate agents asked the Supreme Court on Thursday to block a federal moratorium on evictions that was imposed because of the COVID-19 pandemic. In May, a federal district judge agreed with the group that the Centers for Disease Control does not have the power to impose the policy, but she put her ruling on hold to give the government time to appeal.

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“Why Would We Expect Philosopher-Judges? Might the persistence of bad judges call into doubt the thesis that we should rely on good ones?”

HowAppealing

“Why Would We Expect Philosopher-Judges? Might the persistence of bad judges call into doubt the thesis that we should rely on good ones?” Greg Weiner has this post at the “Law & Liberty” blog.

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The morning read for Thursday, June 3

SCOTUSBlog

Share Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at roundup@scotusblog.com. Here’s the Thursday morning read: It’s Time for Stephen Breyer to Retire From the Supreme Court (Elie Mystal, The Nation). Why the Supreme Court Just Expanded Police Powers — Unanimously ($) (Noah Feldman, Bloomberg).

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“Supreme Court spokeswoman to step down after more than 20 years”

HowAppealing

“Supreme Court spokeswoman to step down after more than 20 years”: Ariane de Vogue of CNN has this report. And Marina Pitofsky of The Hill reports that “ Supreme Court public information officer to step down.” Yesterday, the Public Information Office of the U.S. Supreme Court issued a news release titled “ Public Information Officer Kathleen L.

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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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Educating The Legal Profession On LGBTQ Issues, Voting Rights Litigation, And More [Sponsored]

Above The Law

In Lawline's June lineup of CLE, learn how to better serve the LGBTQ community, understand the issues schools face as students return to in-person learning, and take action against extreme voting restrictions.

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Access today’s ruling of the U.S. Supreme Court in an argued case

HowAppealing

Access today’s ruling of the U.S. Supreme Court in an argued case: Justice Amy Coney Barrett delivered the opinion of the Court in Van Buren v. United States , No. 19-783. Justice Clarence Thomas issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. and Justice Samuel A. Alito, Jr. joined. You can access the oral argument via this link.

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What Does A Former Seema Verma Advisor Think Of Brooks-LaSure, The Incoming CMS Administrator?

Above The Law

To know how Chiquita Brooks-LaSure will lead the Centers for Medicare and Medicaid Services, we sat down with Matthew Hittle, a former senior adviser to Seema Verma, who led the agency under the former president.

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“First Circuit Halts Wrongful Death Suit Brought by Families of Train Disaster; The 2013 train crash destroyed a large swath of a Canadian town and left 47 people dead”

HowAppealing

“First Circuit Halts Wrongful Death Suit Brought by Families of Train Disaster; The 2013 train crash destroyed a large swath of a Canadian town and left 47 people dead”: David Wells of Courthouse News Service has this report on a noteworthy ruling that the U.S. Court of Appeals for the First Circuit issued yesterday regarding the effect on the time for appeal that a motion for reconsideration has in a case that is within a federal district court’s subject matter jurisdiction be

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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.