Sat.May 22, 2021

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Germany parliament passes law compensating gay and lesbian soldiers for past discrimination

JURIST

The German parliament Thursday voted in favor of the rehabilitation and compensation of soldiers who have faced discrimination on the basis of their sexual orientation. Until the year 2000, German military policy held that gay soldiers posed a threat to discipline and were not eligible to be superior officers. For many years gay soldiers were denied promotions, discharged from service, and could even face criminal conviction because of their sexual orientation or gender identity.

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District of New Jersey Finds "Friend With Benefits" Had Standing to Challenge Search of His Friend's Place

EvidenceProf Blog

The Fourth Amendment states that The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by.

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France Constitutional Council strikes down bill allowing regional languages in schools

JURIST

The Constitutional Council of France struck down a bill Friday permitting schools to teach the majority of the day in regional languages such as Basque, Breton, and Corsican for being unconstitutional. In April 2021, the National Assembly of France had passed the impugned bill to protect and promote regional languages. It enabled primary schools to provide “immersive teaching” in a regional language.

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“Judicial Notice (05.22.01): This Justice Is On Fire; Kirkland & Ellis increases its signing bonuses, a virtual firm makes the big leagues, and other legal news from the week that was.”

HowAppealing

“Judicial Notice (05.22.01): This Justice Is On Fire; Kirkland & Ellis increases its signing bonuses, a virtual firm makes the big leagues, 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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Empower Your Firm: The Modern Guide To Litigation Financing

Litigation is expensive. Expert witnesses, depositions, staffing, and a long list of other expenses can limit your firm’s options. They strain cash flow, limit taking on new clients, and can even impact case strategy. This guide simplifies the complex world of litigation financing and compares different models and how they can impact the access to justice your firm provides to clients.

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Quebec can unilaterally amend part of the Canadian Constitution to protect French language

JURIST

Quebec Premier François Legault addressed a letter Saturday to Prime Minister Justin Trudeau containing his proposal to reform the province’s language law and amend the Canadian Constitution. The letter noted that Quebec has the power to unilaterally amend the Canadian Constitution to assert that French is its official language. Legault wrote in the letter: “French is at the very foundation of our identity and our culture.

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European Parliament approves amendments to law allows public to challenge negative environmental decisions

JURIST

The European Parliament voted Thursday to amend an EU law to give the public greater ability to challenge any EU member action that negatively affected the environment. These changes bring the EU closer in line with the measures agreed to in the Aarhus Convention , a 1998 UN agreement protecting the public’s access to justice in environmental law.

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BlackRock 2021 Proxy Votes

Corporate Governance

BlackRock 2021 annual meeting is May 26, 5 AM Pacific Time. To attend, vote, and submit questions during the Annual Meeting, visit here with your control number. I recommend voting in advance. To enhance long-term value. Vote AGAINST Ford, Einhorn, Johnson, Mills, Nixon, Domit, Pay, Auditor. Vote FOR Convert to Public Benefit Corporation. BlackRock is a publicly […].

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US Senators introduce bill to save USPS 46B

JURIST

A bipartisan group of United States senators introduced a bill Wednesday which would allow the United States Postal Service to save 45.9 billion dollars over ten years. Senators Gary Peters (D-MI) and Rob Portman (R-OH) introduced the Postal Service Reform Act to the Senate along with 18 colleagues from both sides of the aisle. Senator Peters noted that Americans rely on the USPS for paychecks, medications, among other essential items, and promised the bill “will ensure [the postal service

Legal 211
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HCCH-WIPO Questionnaire on PIL & IP

Conflict of Laws

The Hague Conference on Private International Law (HCCH) and the World Intellectual Property Organization (WIPO) have just launched a questionnaire that aims to identify problems of private international law, from jurisdiction to enforcement, relating to disputes involving intellectual property. The questionnaire is adressed to the member states of both organisations and other intergovernmental organisations as well as to individual practitioners, academics and other interested parties.

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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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DOJ sues Alabama Department of Corrections for constitutional violations

JURIST

The US Department of Justice filed an amended legal complaint Wednesday against Alabama and its Department of Corrections for several alleged violations of the Eighth and Fourteenth Amendments. In its complaint, the Department of Justice (DOJ) claims that the Alabama Department of Corrections (ADOC) violates the Eighth and Fourteenth Amendment rights of male prisoners by “failing to prevent prisoner-on-prisoner violence and sexual abuse, by failing to protect prisoners from the use of exce

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Facebook 2021 Proxy Votes

Corporate Governance

Facebook 2021 annual meeting is May 26, 10 AM Pacific Time. To attend, vote, and submit questions during the Annual Meeting visit here. You also need your control number. To enhance long-term value vote AGAINST Alford, Andreessen, Houston, Sandberg, Thiel, Zuckerberg Auditor, Pay, Director Compensation. Vote FOR Dual-Class Capital Structure, Independent Chair, Address Child Exploitation, Human/Civil […].

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Crimea Supreme Court sentenced Ukrainian citizen for treason

JURIST

The Supreme Court of Crimea has sentenced Ukrainian Ivan Yatskin to an 11-year sentence on treason charge s. The Russian government alleges that Yatskin had transferred secret information of Russian officials to the Ukrainian Secret Service (SBU). Despite being Ukrainian, Yatskin was charged under Article 275 of the Russian Criminal Code due to Crimea’s status as Russia-annexed.

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CJEU on jurisdiction for an assigned insurance claim and branch jurisdiction in the case CNP, C-913/19

Conflict of Laws

Back in January, we reported about the Opinion presented by AG Campos Sánchez-Bordona in the case CNP, C-913/19. At the request of the Court, the Opinion addressed only the second preliminary question on the branch jurisdiction under the Brussels I bis Regulation. This Thursday the Court delivered its judgment, which answers the second as well as two other (first and third) questions of the referring court, pertaining to the jurisdiction in matters of insurance.

Court 52
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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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Japan withdraws bill harming asylum seekers after facing opposition over Sri Lankan detainee death

JURIST

The government of Japan pulled a bill Tuesday meant to amend the Immigration Control and Refugee Recognition Act. The decision follows criticism stemming from the death of a 33 -year-old Sri Lankan woman at an immigration detention center in Nagoya in March. The woman had been held at the detention center since August 2020 after her visa had expired.

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Plea before SC seeking adequate medical treatment for all Non-COVID patients, alike COVID patients

LexForti

A Public Interest Litigation (PIL) has been filed before the apex court and has sought for directions to the Central as well as State governments to ensure that proper medical treatment and facilities are provided to non-COVID patients, alike COVID patients, in all the government as well as private hospitals, irrespective of imposition of lockdown. The plea has highlighted the fundamental right to life, health and equality of the non-COVID patients and has urged the apex court to direct the stat

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Paris appeals court orders damages for plaintiffs in breast implant scandal

JURIST

The Paris Court of Appeal has ruled Thursday that German firm TUV Rheinland was negligent in providing customers with distorted safety certificates and must fully compensate their victims. There are about 2,700 victims who joined forces in this suit against TUV Rheinland, alleging that they suffered physical and mental issues due to their cheap silicone implants.

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Voila! Let’s Arbitrate! Blog Post-1: What Arbitration? Why Arbitration? How Arbitration?

LexForti

Let suppose there are two companies namely ‘X’ Private Limited and ‘Y’ Corporation. X is engaged in the business of production of Wooden Plies while Y is in the manufacturing and selling of Wooden Doors. On a certain day, they signed an agreement wherein X had to supply 25000 Wooden Plies to Y for Rs 5 Crores within 2 months from the date of the signing of the Agreement.

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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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US appeals court upholds decision dismissing proposed investor class action against Uber

JURIST

The US Court of Appeals for the Ninth Circuit upheld a decision Wednesday that dismissed a proposed investor class action against Uber. A three-judge panel said that the lawsuit failed to connect a series of scandals that Uber faced in 2017 to a decrease in the company’s valuation. In 2016, Irving Firemen’s Relief & Retirement Fund (Irving), a retirement fund for firefighters in Irving, Texas, acquired Uber securities through one of Uber’s preferred stock offerings.

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ConflictofLaws.net on Social Media

Conflict of Laws

If you want to receive all updates from our blog in real time and discuss them with fellow researchers and professionals, feel free to follow our accounts on Twitter and LinkedIn – where we just reached the milestone of 1,000 followers! In addition, we also run an old-fashioned e-mail subscription service, to which you can subscribe here.

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EU legislators adopt proposal to combat online piracy of live sporting events

JURIST

Members of the European Parliament adopted a proposal Wednesday to crack down on illegal broadcasting of live sporting events. This proposal includes the ability to block illegal broadcasts within half an hour. Live sports broadcasting provides a significant revenue source for event organizers. However, the illegal streaming of live sports has become a growing issue in the EU.

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Justice Liu to speak about allyship

At the Lectern

Justice Goodwin Liu will be in conversation with Los Angeles City Attorney Michael Feuer on a program, “Elimination Of Bias in the Legal Profession, A Judge’s Perspective On Allyship.” Sponsored by the Asian Pacific City Attorneys Association, the virtual program will be this Tuesday, May 25, at 1:00 p.m. One hour of MCLE Recognition and Elimination of Bias credit is available.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Bosnia and Herzegovina top court confirms indictment for crimes against humanity during Bosnian War

JURIST

The Court of Bosnia and Herzegovina announced Friday that it had confirmed the indictment of eight former soldiers of the Army of Republika Srpska, or the Bosnian Serb Army, for crimes against humanity. . Ilija Kr?mar, Boško U?anin, Svetislav Ra?i?, Željko Baji?, Nikola ?uk, Nikola ?uk, Marinko Miljevi?, and Dragan Despot are alleged to have persecuted and killed Bosniak civilians, who are predominantly Muslim, in the Klju?

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Amherst Professor Denounces Universities As “Right-Wing Institutions”

JonathanTurley

For years, some of us in academia have written about the virtual purging of Republican and conservative faculty from our colleges and universities, particularly at our national institutions. Many top schools have only a couple of such faculty left on faculties that are largely echo chambers of values running on a spectrum from the left to the far left.

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Radio Free Europe files lawsuit challenging Russia’s foreign agents law

JURIST

Radio Free Europe/Radio Liberty (RFE/RL) filed a lawsuit against Russia Wednesday in the European Court of Human Rights, challenging Russia’s designation of RFE/RL as a “foreign agent.” RFE/RL is an independent media company funded by a grant from the U.S. Congress. In 2012 Russia passed a law requiring groups to register as foreign agents if they receive any foreign funding and if they engage in “political activity,” a broadly defined term that can encompass ordin

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“Have Senate Republicans Determined That Judge Ketanji Brown Jackson Poses Less of a Threat Than Justice Leondra Kruger?”

At the Lectern

Professor Josh Blackman has a theory or two why the confirmation hearing of Judge Ketanji Brown Jackson for a seat on the D.C. Circuit Court of Appeals was, in his words, “surprisingly uneventful.” Her nomination was advanced by the Senate Judiciary Committee on Thursday with two Republican “yes” votes. Judge Jackson is considered a leading candidate for 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.