Sat.Aug 07, 2021

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Eighth Circuit Grants Qualified Immunity to Officer Who Handcuffed & Searched Man Who Asked For His Name After He Refused to Arrest Man Who Broke Into His Truck

EvidenceProf Blog

The qualified immunity doctrine insulates governmental agents from liability for unconstitutional acts as long “as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” The primary purpose of the doctrine.

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Federal appellate court upholds Ocean City ban on topless sunbathing

JURIST

The US Court of Appeals for the Fourth Circuit on Wednesday ruled in favor of an Ocean City law banning women from sunbathing topless. Ocean City, a Maryland beach town, passed the ban in 2017 after Chelsea Eline, one of the plaintiffs, called the town police claiming she had the right to be topless at the beach. While the law prohibits both men and women from exposing certain body parts at the public beach, only women have to cover their chests. .

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Trending Sources

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“Judicial Notice (08.07.21): ‘Discernibly Turgid’; A landmark Second Circuit nomination, an S&C partner turned GC, and other legal news from the week that was.”

HowAppealing

“Judicial Notice (08.07.21): ‘Discernibly Turgid’; A landmark Second Circuit nomination, an S&C partner turned GC, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Legal 100
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US DOJ announces inquiry into Phoenix police practices

JURIST

The US Department of Justice (DOJ) on Thursday announced a practice or pattern investigation into the city of Phoenix and its police department to determine whether Phoenix Police Department (“PPD”) uses excessive force in violation of the Fourth Amendment , whether PPD engages in discriminatory policing practices in violation of federal laws and the Constitution, and whether PPD violates the First Amendment by retaliating against individuals who undertake protected expressive activi

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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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Is your BigLaw firm pro-death penalty or anti-death penalty?

HowAppealing

Is your BigLaw firm pro-death penalty or anti-death penalty? The law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP has a reputation of supporting liberal causes, and its firm History webpage touts that “[t]he firm and its lawyers participated in efforts. to resist the death penalty by defending scores condemned to die and obtaining a historic victory in the U.S.

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More Trending

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“Supreme Court Clerk Hiring Watch: Meet The October Term 2021 Clerk Class; Which law schools and feeder judges produced the most OT 2021 clerks?”

HowAppealing

“Supreme Court Clerk Hiring Watch: Meet The October Term 2021 Clerk Class; Which law schools and feeder judges produced the most OT 2021 clerks?” David Lat has this post at his “Original Jurisdiction” Substack site.

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Mastering macros | Tag you’re it | Public personas on trial

LegalTalkNetwork

Leveraging technology and the latest legal tools doesn’t necessarily mean becoming an expert in coding and the nuances of machine learning. Several recent Legal Talk Network episodes take deep dives into day-to-day tools and law practice management practices. Topics cover: building custom estate documents, developing tags for easier information retrieval, and managing trust accounts to reduce risk.

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“Antiabortion activists at Supreme Court cite an unlikely authority for overturning Roe v. Wade: Ruth Bader Ginsburg.”

HowAppealing

“Antiabortion activists at Supreme Court cite an unlikely authority for overturning Roe v. Wade: Ruth Bader Ginsburg.” Robert Barnes of The Washington Post has this report.

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Possession of medicines containing narcotic substances without valid prescription amounts to NDPS offence- MP HC

LexForti

The Madhya Pradesh High Court, while denying bail, held that possession of medicines, including cough syrups, which contain narcotic substances, without any valid prescription or documents, would attract the stringent provisions provided under Narcotic Drugs and Psychotropic Substances Act, 1985. In the instant case, the applicant and the co-accused had been apprehended and 30 cough syrup bottles of 100 ml, containing a narcotic substance known as “codeine phosphate”, were seized from them.

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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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“Supreme Court decision could set off gerrymandering ‘arms race'”

HowAppealing

“Supreme Court decision could set off gerrymandering ‘arms race'”: John Kruzel of The Hill has this report.

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Event on 12 August 2021: Gary Born on the Hague Choice of Court Convention: Rethinking it

Conflict of Laws

This event is organised by CANACO and the Chamber of Commerce of Mexico. Registration is free of charge. To register send a message to the following email address: arbitrajecanaco@arbitrajecanaco.com.mx. Gary Born’s approach has been controversial. See our previous post here. The EAPIL blog has also been very active on this topic, see the recent post: The 2005 Hague Convention on Choice-of-Court Agreements: A Further Reply to Gary Born.

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Australia: COVID vaccination passports on the way for Australia - Sydney Criminal Lawyers

Mondaq

The Cabinet backed a proposal for vaccination certificates – or ‘vaccination passports' – for all international travel.

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“How Much Can You Afford?”: Baltimore Professor Sentences For Selling Math Grades

JonathanTurley

Prof. Edward C. Ennels taught math at Baltimore City Community College but appears to have been offering a running lesson on supply side economic theory. Ennels reportedly was selling grades on a sliding scale depending on your worth and your ambition: $150 for a C; $250 for a B; and $500 for an A. He has now earned jail time after pleading to 11 misdemeanor charges, including bribery and misconduct in office.

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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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Australia: Travel expenses almost cost an employee $379,268.10 - PCC Employment Lawyers

Mondaq

Ultimately, the Court was not satisfied that the employee engaged in serious misconduct as to justify summary dismissal.

Lawyer 52
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Federal appeals court upholds Tennessee’s 48-hour abortion waiting period

JURIST

A divided US Court of Appeals for the Sixth Circuit ruled 9-7 on Thursday upholding Tennessee’s 48-hour waiting period for an abortion. The ruling stemmed from a 2015 case filed with the US District Court of the Middle District of Tennessee by Planned Parenthood and a group of abortion clinics and women’s rights activists claiming that the waiting period is unconstitutional.

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Australia: Top three things to consider when appointing an agent to sell your property - Clifford Gouldson Lawyers

Mondaq

The Property Occupations Form 6 is a standard form which governs the relationship between the seller and the agent.

Lawyer 52
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India court holds marital rape constitutes sufficient grounds for divorce

JURIST

Kerala High Court ruled Friday that although marital rape is not a criminal offence in India, it constitutes a “good ground” for divorce. This case represents an appeal by a woman’s husband against the decision of a family court which allowed the wife’s petition for divorce on the ground of cruelty. The petition claimed that the husband treated his wife like “a money-minting machine.” Furthermore, the wife told the court that her husband constantly harassed her and made demand

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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New Zealand: Further Supreme Court guidance on contractual interpretation, extrinsic evidence and implied terms - Wynn Williams Lawyers

Mondaq

The Court provided a basic framework for the admissibility of extrinsic evidence as an aid to contractual interpretation.

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The Need for an Uniform Civil Code in the Modern India

LexForti

Author – Kaushal Kasliwal. Abstract. The population in India is demarcated based on followers of Ideologies of Hinduism, Muslim, and many other religious ideologies. All the ideologies have their particular law while dealing with exclusive matters of their followers. In the era of modernization with continuous evolution and spread of population having a particular law for dealing exclusive matters of all the religions is a matter for a great concern that fabricates a serious need for enact

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Australia: New Queensland laws protecting children from child sexual offences could be relevant to your business - Holding Redlich

Mondaq

Employers should consider any child protection policies their business has to ensure they reflect these new obligations.

Laws 40
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“US Senate Confirms Longtime Public Defender Eunice Lee to 2nd Circuit Court of Appeals; Lee will be the second Black woman and the first former federal defender to sit on the U.S. 2nd Circuit Court of Appeals; Ex-prosecutors weighed in on behalf of her nomination to the court”

HowAppealing

“US Senate Confirms Longtime Public Defender Eunice Lee to 2nd Circuit Court of Appeals; Lee will be the second Black woman and the first former federal defender to sit on the U.S. 2nd Circuit Court of Appeals; Ex-prosecutors weighed in on behalf of her nomination to the court”: Jane Wester of New York Law Journal has this report. This evening, the U.S.

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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: Purchasing an off-the-plan property? Here is what you need to know - Ivy Law Group

Mondaq

Purchasing a property off-the-plan is becoming an increasingly popular option for many prospective buyers and investors.

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“As Democrats Seethed, White House Struggled to Contain Eviction Fallout; The president was surprised by the reaction to the White House’s decision to ask Congress to extend an eviction ban, leading to a 36-hour scramble to keep people in their homes”

HowAppealing

“As Democrats Seethed, White House Struggled to Contain Eviction Fallout; The president was surprised by the reaction to the White House’s decision to ask Congress to extend an eviction ban, leading to a 36-hour scramble to keep people in their homes”: Michael D. Shear, Glenn Thrush, Charlie Savage, and Alan Rappeport will have this article in Sunday’s edition of The New York Times.

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Australia: Can dismissing an employee with a valid reason still be unfair, unjust, or unreasonable? - PCC Employment Lawyers

Mondaq

The employer assumed that the employee had abandoned his position so did not go through the usual termination procedure.

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Advocacy group files federal suit against Tennessee governor for transgender bathroom restrictions

JURIST

The Human Rights Campaign , an LGBTQ advocacy group, filed suit in the US District Court for the Middle District of Tennessee on Tuesday against Tennessee Governor Bill Lee and other Tennessee officials in relation to the Tennessee Accommodations for All Children Act , which prohibits transgender children from using facilities that correspond with their gender identity.

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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.