Sat.Dec 19, 2020

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Federal financial regulators propose computer-security incident notification for banks

JURIST

The US Office of the Comptroller of the Currency, the Federal Reserve Board, and the Federal Deposit Insurance Corporation Friday proposed a new computer-security incident notification requirement for banking organizations and their bank service providers. The proposed rule would require a banking organization to provide its primary federal regulator a prompt notification of any “computer-security incident” no later than 36 hours after it believes the incident occurred.

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Supreme Court of Kansas Finds Prosecutor's "Self-Deprecating Lawyer Joke" at Murder Trial Wasn't Prosecutorial Error

EvidenceProf Blog

Although you may disagree with their methodology, social psychologists have found that it takes 36 days after a tragedy before jokes about it become funny. What about jokes by a lawyer at a murder trial? Well, who knows about whether.

Lawyer 234
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Russia athletes banned from competing under Russian name and flag

JURIST

The Court of Arbitration of Sport (CAS) in Lausanne, Switzerland has sanctioned Russian athletes from using the country’s name and flag for two years. The arbitration procedure was between the World Anti-Doping Agency (WADA) and the Russian Anti-Doping Agency (RUSADA) and several other international bodies such as the International Olympic Committee (IOC).

Sports 197
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“Looking at child slaves on cocoa farms, Supreme Court may extend legal ground for globalized U.S. firms; U.S. Supreme Court justices may step into a clash over human rights and the reach of U.S. companies in foreign countries”

HowAppealing

“Looking at child slaves on cocoa farms, Supreme Court may extend legal ground for globalized U.S. firms; U.S. Supreme Court justices may step into a clash over human rights and the reach of U.S. companies in foreign countries”: Jim Spencer and Kristen Leigh Painter of The Minneapolis Star Tribune have this report.

Legal 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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Brazil top court upholds constitutionality of compulsory COVID-19 vaccination

JURIST

Brazil’s Supreme Federal Court (Supremo Tribunal Federal, STF) decided Thursday that it is constitutional for the State to order compulsory vaccination against COVID-19. The State cannot forcibly immunize its citizens. But fines, bars on attending certain places and on enrollment in school may be imposed upon vaccination refusal. Brazil has been one of the nations worst-hit by COVID-19.

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More Trending

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Spain to legalize euthanasia and assisted suicide

JURIST

Spain’s parliament voted on Thursday to legalize euthanasia and physician-assisted suicide in a 230-140 vote while two abstained. The bill would allow terminally ill patients to choose between euthanasia — performed by a health care professional — or assisted suicide at home with physician-prescribed lethal medications. Lawmakers are set to vote on a final decision before the bill goes into force.

Legal 151
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“The Supreme Court’s confusing new ‘religious liberty’ order, explained; The Court delays its religious liberty revolution for a truly odd reason”

HowAppealing

“The Supreme Court’s confusing new ‘religious liberty’ order, explained; The Court delays its religious liberty revolution for a truly odd reason”: Ian Millhiser has this essay online at Vox.

Court 100
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New Zealand inquiry uncovers quarter of a million survivors of abuse in state care

JURIST

A New Zealand Royal Commission of Inquiry released a report on Wednesday detailing abuse in state and faith-based care institutions from the 1960s to the 2000s. Prime Minister Jacinda Ardern ordered the royal commission in 2018 after Australia concluded a similar six-year inquiry. The five-person commission, made up of lawyers, judges, and minority advocates, set out to uncover patterns of abuse in state and faith-based care and plan a proper government response.

Lawyer 118
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“How Amy Coney Barrett Is Already Making a Mark on the Court; Plus Michigan’s secretary of state and the real bellwethers for defending democracy”

HowAppealing

“How Amy Coney Barrett Is Already Making a Mark on the Court; Plus Michigan’s secretary of state and the real bellwethers for defending democracy”: You can access via this link this week’s new installment of Slate’s “Amicus” podcast in which, among other things, law professor Steve Vladek returns the favor by appearing on Dahlia’s podcast.

Court 100
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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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NYPD found to have failed the citizens of New York City during the George Floyd protests

JURIST

The investigation into the handling of the George Floyd protests in New York City by the New York Police Department’s (NYPD) officers concluded on Friday. The investigation was ordered by Mayor De Blasio after numerous reports questioning the actions of the NYPD. The Mayor acted within his authority under Section 803 of the New York City Charter to direct the Department of Investigation (DOI) to investigate NYPD’s response to protests held in New York City from May 28, 2020, through

Legal 99
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“Judicial Notice: December 18, 2020; Notable legal news from the week that was.”

HowAppealing

“Judicial Notice: December 18, 2020; Notable legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Legal 100
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The CJEU Shrems cases – Personal Data Protection and International Trade Regulation

Conflict of Laws

Carmen Otero García-Castrillón, Complutense University of Madrid, has kindly provided us with her thoughts on personal data protection and international trade regulation. An extended version of this post will appear as a contribution to the results of the Spanish Research Project lead by E. Rodríguez Pineau and E. Torralba Mendiola “Protección transfronteriza de la transmisión de datos personales a la luz del nuevo Reglamento europeo: problemas prácticos de aplicación” (PGC2018-096456-B-I00).

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“California Church Asks Judge to Lift Pandemic Restrictions on Indoor Services”

HowAppealing

“California Church Asks Judge to Lift Pandemic Restrictions on Indoor Services”: Martin Macias Jr of Courthouse News Service has this report.

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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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Swiss parliament approves marriage equality bill

JURIST

Switzerland’s parliament approved a bill Friday that would allow same-sex couples to marry. The National Council, the lower house of Parliament, voted by 136 in favor to 48 against, with 16 members abstaining or otherwise voting present. The Council of States, the upper house, voted 24 to 11 in favor of the bill, with 11 not voting or abstaining.

Legal 223
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“Gov. Lujan Grisham fills Supreme Court vacancy”

HowAppealing

“Gov. Lujan Grisham fills Supreme Court vacancy”: New Mexico’s Governor Michelle Lujan Grisham issued this news release today.

Court 100
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Supreme Court refuses to hear Kentucky Christian school request to hold in-person classes

JURIST

On Thursday the Supreme Court denied a request to allow in-person classes to continue in the face of an order by Kentucky’s governor shuttering schools because of a surge in Covid-19 cases. Kentucky’s Democratic governor Andy Beshear issued two executive orders on November 18, the first requiring limitations on persons in restaurants, bars, gyms, and other businesses, and the second closing all public and private elementary, middle, and high schools for in-person instruction.

Court 110
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“The Scalia/Garner canons: Departures from established law.”

HowAppealing

“The Scalia/Garner canons: Departures from established law.” Neal Goldfarb has this post at his “LAWnLinguistics” blog.

Laws 100
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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Sen. Shaheen Calls Out Colleagues Questioning Biden’s Victory As Possible Traitors

JonathanTurley

My column today in the Hill addresses how Democrats are increasingly adopting the rhetoric and tactics of Donald Trump. There is a sense of immunity — or Trumpunity — being exercised by former critics in using language once denounced in Trump. An example is Sen. Jeanne Shaheen, D-N.H. The Senator went on CNN where Trump was regularly (and correctly) chastised for calling opponents “traitors” and “enemies of the people.” Now however Shaheen is declaring that a

Lawyer 42
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“Trump Discussed Naming Campaign Lawyer as Special Counsel on Election Fraud; In a meeting at the White House on Friday, the president weighed appointing Sidney Powell, who promoted conspiracy theories about rigged voting machines, to probe voter fraud”

HowAppealing

“Trump Discussed Naming Campaign Lawyer as Special Counsel on Election Fraud; In a meeting at the White House on Friday, the president weighed appointing Sidney Powell, who promoted conspiracy theories about rigged voting machines, to probe voter fraud”: Maggie Haberman and Zolan Kanno-Youngs of The New York Times have this report.

Lawyer 100
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“Justices Put Off Ruling on Trump Plan for Unauthorized Immigrants and Census; The Supreme Court said a challenge to efforts to exclude unauthorized immigrants from the tabulations used to allocate House seats was premature”

HowAppealing

“Justices Put Off Ruling on Trump Plan for Unauthorized Immigrants and Census; The Supreme Court said a challenge to efforts to exclude unauthorized immigrants from the tabulations used to allocate House seats was premature”: Adam Liptak has this article in today’s edition of The New York Times. In today’s edition of The Washington Post, Robert Barnes and Tara Bahrampour have an article headlined “ Supreme Court won’t decide yet if Trump can exclude undocument