Wed.Sep 07, 2022

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Flaws of Eyewitness ID Magnified by Facial Recognition Software: Researcher

The Crime Report

illustration by Kal Omari via Flickr. As courts and cops have turned to facial recognition software to identify criminals, identification by machines is matching eyewitness identification by humans as a criminal-legal tactic. But both crime-fighting tools are flawed, particularly when they are employed together, asserts Valena E. Beety, a law professor at Arizona State University’s Sandra Day O’Connor College of Law.

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JUUL to pay $439M in multi-state settlement regarding youth-marketing practices

JURIST

E-cigarette maker JUUL will pay 37 states $439 million to settle an investigation into its youth-marketing practices according to a Tuesday statement from Texas Attorney General Ken Paxton. In addition to the payments to 37 states, the settlement will reportedly force JUUL to comply with “strict injunctive terms severely limiting their marketing and sales practices.” The settlement resolves a two-year, multi-state investigation by the Attorney General.

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Report on Prison Labor: ‘Too Much Drudgery, Not Enough Opportunity’

The Crime Report

Illustration by AK Rockefeller via Flickr. The ‘vast majority” of individuals incarcerated in state prisons are forced to work menial jobs for poverty-level pay, according to a new Prison Policy Initiative (PPI) policy brief. As a result, most leave prison poorly qualified to find a job in civilian society that will keep them out of the corrections system, the report said.

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EU antitrust watchdog blocks Illumina acquisition of GRAIL

JURIST

The European Commission (EC) Tuesday announced its decision to prohibit US biotechnology company Illumina’s acquisition of the cancer-test provider GRAIL, citing concerns on the takeover’s impact on competition in the market. The Commission opened an in-depth investigation into the proposed acquisition last July, citing concerns that Illumina could engage in vertical input foreclosure strategies considering its leading position in the market.

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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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The Specious Legal Reasoning Of Judge Cannon — See Also

Above The Law

Law School Classes Will Be Taught About This Decision: But not in the good way. Speaking Of Teaching A Class About Bad Legal Calls: A class on Elon Musk! Legal Jobs Lost: This is not what we call a *good* sign. Ginni Thomas Gets A Lot More Attention Than A SCOTUS Spouse Should: Jamie Raskin weighs in on her potential testimony before the January 6th Committee.

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Longtime counselor to the chief justice announces retirement

SCOTUSBlog

Share Jeffrey Minear, who has served as the counselor to Chief Justice John Roberts since 2006, will retire at the end of the month, the court announced on Tuesday. Much like a chief of staff, the counselor to the chief justice is a vaguely defined position with broad responsibilities, including helping the chief oversee the Judicial Conference of the United States and serving as the chief’s representative to other branches of government, foreign courts, and visiting dignitaries.

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Trial of 2016 Bastille Day attacker associates begins in France terrorism courts

JURIST

A special French terrorism court Monday opened the trial of eight defendants accused of assisting the driver who killed 86 people on in Nice, France, on Bastille Day 2016. The attacker, Mohamed Lahouaiej Bouhlel, ploughed a heavy truck into civilians and was killed at the scene by security. However, eight people from his alleged network will now stand trial.

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“Michigan judge rules 1931 law criminalizing most abortions is unconstitutional”

HowAppealing

“Michigan judge rules 1931 law criminalizing most abortions is unconstitutional”: Dave Boucher of The Detroit Free Press has this report. Beth LeBlanc of The Detroit News reports that “ Judge issues permanent injunction blocking enforcement of Michigan’s abortion ban.” Erik Larson of Bloomberg News reports that “ Michigan’s 1931 Abortion Ban Is Permanently Blocked by State Judge; Judge cites ‘wholesale denial’ of women’s ‘fundamen

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Bad News About Lawyers’ Income – And Their Feckless Cybersecurity

Above The Law

What are law firms (and everyone else) doing wrong? The post Bad News About Lawyers’ Income – And Their Feckless Cybersecurity appeared first on Above the Law.

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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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“Oyez! Oyez! Let the public hear the Supreme Court’s arguments and opinions in real time. The court should not let the ongoing pandemic nor increased security measures stand in the way of transparency.”

HowAppealing

“Oyez! Oyez! Let the public hear the Supreme Court’s arguments and opinions in real time. The court should not let the ongoing pandemic nor increased security measures stand in the way of transparency.” This editorial appears in today’s edition of The Boston Globe. The post “Oyez! Oyez! Let the public hear the Supreme Court’s arguments and opinions in real time.

Court 100
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Leaked Oath Keepers List Names Police Chiefs, Military, Elected Officials

The Crime Report

The names of hundreds of law enforcement officers elected officials and military members appeared on a leaked membership list for the Oath Keepers, the far-right extremist group accused of playing a major role in the Jan. 6 attack on the Capitol, the Associated Press reports. . The Anti-Defamation League Center on Extremism (ADL) reviewed the list, which included over 38,000 members, of which 370 appear to currently work in law enforcement agencies.

Laws 111
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“Top state court judges defend their election oversight at U.S. Supreme Court”

HowAppealing

“Top state court judges defend their election oversight at U.S. Supreme Court”: Nate Raymond of Reuters has this report. You can access the amicus brief, which lists Carter G. Phillips as counsel of record, at this link. The post “Top state court judges defend their election oversight at U.S. Supreme Court” appeared first on How Appealing.

Court 100
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Jamie Raskin Would *Really* Like A Word With Ginni Thomas

Above The Law

But will a subpoena follow? The post Jamie Raskin Would *Really* Like A Word With Ginni Thomas appeared first on Above the Law.

Laws 132
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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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“DOJ, business groups urge SCOTUS to restrict venue for suits against corporations”

HowAppealing

“DOJ, business groups urge SCOTUS to restrict venue for suits against corporations”: Alison Frankel’s “On the Case” from Reuters has this post about developments in the pending U.S. Supreme Court case of Mallory v. Norfolk Southern Railway Co. The post “DOJ, business groups urge SCOTUS to restrict venue for suits against corporations” appeared first on How Appealing.

Court 100
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Remote Legal Proceedings Aren’t Going Anywhere

Above The Law

Calloquy has a product designed to make remote hearings feel like hearings again. The post Remote Legal Proceedings Aren’t Going Anywhere appeared first on Above the Law.

Legal 107
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“The Week in Federal Appellate Jurisdiction: August 28–September 3, 2022; The strictures of Rule 54(b) judgments, admiralty appeals from the dismissal of crossclaims, the scope of qualified-immunity appeals, and an odd Rule 3(c) decision.”

HowAppealing

“The Week in Federal Appellate Jurisdiction: August 28–September 3, 2022; The strictures of Rule 54(b) judgments, admiralty appeals from the dismissal of crossclaims, the scope of qualified-immunity appeals, and an odd Rule 3(c) decision.” Bryan Lammon has this post at his “final decisions” blog. The post “The Week in Federal Appellate Jurisdiction: August 28–September 3, 2022; The strictures of Rule 54(b) judgments, admiralty appeals from the dismissal of crossclai

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CNN’s ‘The Baby Business’ Scratches Surface, Pushes Fertility Regulation

Above The Law

The show, while perhaps frequently focusing on the negative, was not merely a scathing expose of critical family-building tools. The post CNN’s ‘The Baby Business’ Scratches Surface, Pushes Fertility Regulation appeared first on Above the Law.

Laws 107
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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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“Texas Judge Says HIV Drug Mandate Violates Religious Freedom; Ruling in federal court in Texas concerns Gilean PrEP drugs; Company said it didn’t want to subsidize ‘homosexual behavior'”

HowAppealing

“Texas Judge Says HIV Drug Mandate Violates Religious Freedom; Ruling in federal court in Texas concerns Gilean PrEP drugs; Company said it didn’t want to subsidize ‘homosexual behavior'”: Erik Larson of Bloomberg News has this report. Brendan Pierson of Reuters reports that “ Texas judge rules Obamacare HIV prevention drug mandate unconstitutional.” David Mack of BuzzFeed News reports that “ A Federal Judge Ruled Religious Employers Shouldn’t Have

Court 100
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Abortion Law Is Becoming Personal: States Are Grappling With The Practical Consequences Of Deciding When Life Starts

Above The Law

Just know that if we universally make fetuses people and persons have the right to self determination, the antinatalists will like to have a word. The post Abortion Law Is Becoming Personal: States Are Grappling With The Practical Consequences Of Deciding When Life Starts appeared first on Above the Law.

Laws 107
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“How the Supreme Court is already influencing the November midterm elections; From rulings on voting restrictions approved after the 2020 election to rethinking the Voting Rights Act, federal courts are having a big impact on voting”

HowAppealing

“How the Supreme Court is already influencing the November midterm elections; From rulings on voting restrictions approved after the 2020 election to rethinking the Voting Rights Act, federal courts are having a big impact on voting”: John Fritze of USA Today has this report. The post “How the Supreme Court is already influencing the November midterm elections; From rulings on voting restrictions approved after the 2020 election to rethinking the Voting Rights Act, federal cour

Court 100
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The Ultimate Guide To Going Paperless [Sponsored]

Above The Law

It’s easier and less expensive than ever to go from paper-guzzler to digital dynamo. Here’s why. The post The Ultimate Guide To Going Paperless appeared first on Above the Law.

Laws 106
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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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“Alito’s financial disclosure shows teaching income, speaking engagements, and stock ownership”

HowAppealing

“Alito’s financial disclosure shows teaching income, speaking engagements, and stock ownership”: Amy Howe has this post at “SCOTUSblog.” The post “Alito’s financial disclosure shows teaching income, speaking engagements, and stock ownership” appeared first on How Appealing.

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Report: Legislators Need to Act on Dangerous Heat in New Jersey Prisons

The Crime Report

According to a recent report from the state Corrections Ombudsperson’s Office, 3,500 prisoners and 3,000 correctional officers have endured oppressive summer heats in non-air-conditioned New Jersey prisons where temperatures reached 94 degrees, increasing the risk of heat illnesses, posing security risks and suspending rehabilitation programs, the New Jersey Monitor reports.

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“Even the Founders Didn’t Believe in Originalism; To follow the Framers’ ideas about the Constitution means abandoning their understanding of it”

HowAppealing

“Even the Founders Didn’t Believe in Originalism; To follow the Framers’ ideas about the Constitution means abandoning their understanding of it”: Law professor Erwin Chemerinsky has this essay online at The Atlantic. Chemerinsky’s forthcoming book is titled “ Worse Than Nothing: The Dangerous Fallacy of Originalism.”. The post “Even the Founders Didn’t Believe in Originalism; To follow the Framers’ ideas about the Constitution means abandoning the

Laws 100
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Three Super Helpful Workarounds for Redlining Contracts Using MS Word Track Changes

Attorney at Work

Attorneys spend a lot of valuable time redlining and negotiating contracts. According to a recent poll , 91% of contract negotiators (myself included) use MS Word Track Changes to redline contracts. But how many of us truly know how to use this tool efficiently and effectively? Probably not very many. Because we didn’t receive formal training on how to use Word for redlining contracts.

Contract 101
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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.