Sat.Apr 24, 2021

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India dispatches: dire COVID crisis presents courts with constitutional dilemma

JURIST

JURIST EXCLUSIVE – As a second wave of COVID-19 rages across India, with more than a million new infections officially reported in the past few days, JURIST staff correspondent Neelabh Bist writes his first letter from Delhi reflecting on the profound constitutional challenge the surge of disease represents for India’s courts in their relationship to the executive as a new Chief Justice of the Supreme Court of India takes office.

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Supreme Court Concludes a Finding of Permanent Incorrigibility is Not Required for a Juvenile Life Without Parole Sentence

EvidenceProf Blog

In Miller v. Alabama, the Supreme Court held "that mandatory life without parole for those under the age of 18 at the time of their crimes violates the Eighth Amendment’s prohibition on 'cruel and unusual punishments.'" This week, in Jones.

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French Administrative Supreme Court challenges EU law on data retention

JURIST

France’s Highest Administrative Court (Council of States) on Wednesday gave its ruling on the national policy concerning data retention creating conflict between French and EU laws. The ruling was long-awaited as it clarified France’s stance on data retention policies. Prior to the ruling by the Council of States, it was speculated that France might bypass EU laws on data retention on account of the strict approach taken by the Court of Justice of the European Union (CJEU) while inte

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How does eviction work

LDA PRO

Most of you are well aware of the term ‘eviction’ It is actually a quite lengthy procedure that helps in getting rid of the tenants legally. Before you file an eviction , you need to be acquainted with the steps that are involved with it. It, in turn, will make it easier for you to handle the case. Through this write-up, we will be giving you a step-by-step guide to filing probate.

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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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Arkansas governor signs law requiring victims to report rape before accessing abortion

JURIST

Arkansas Governor Asa Hutchinson signed a bill on Wednesday “to require certain documentation be presented before performing an abortion when the pregnancy is a result of rape or incest.” The bill amends the Arkansas code restricting abortions of “viable fetuses,” providing that it “shall not prohibit the abortion of a viable fetus if the pregnancy is the result of rape or incest perpetrated on a minor when documentation is presented that states that the crime has b

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UK Special Committee: pervasive racism reason for unequal commemoration of Indian and African World War soldiers

JURIST

A Special Committee headed by Sir Tim Hitchens and appointed by the Commonwealth War Graves Commission (CWGC) in December 2019, has published its findings and recommendations on the early history of the Imperial War Graves Commission (IWGC). The Committee’s objective was to identify inequalities in IGWC’s commemoration of the deceased people of the British Empire from the two world wars and to provide recommendations to guide the CWGC towards remedying the same.

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“Andy Warhol Foundation fights back in fair use case; Lawyers for the foundation claim a US Court of Appeals decision conflicts with precedent and threatens historically significant contemporary art work”

HowAppealing

“Andy Warhol Foundation fights back in fair use case; Lawyers for the foundation claim a US Court of Appeals decision conflicts with precedent and threatens historically significant contemporary art work”: Daniel Cassady of The Art Newspaper has this report.

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Amnesty reports: global drop in state killings amid pandemic

JURIST

Amnesty International on Wednesday reported a global decline in state executions in 2020 due to the pandemic. The report details a global review of death penalty rates from January 2020 through December 2020, which fell by 26% as compared to 2019. Despite the trend, many countries — including Egypt and the United States — significantly increased state killings during this time while India, Qatar, Oman, and Taiwan resumed executions.

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“A cheerleader’s Snapchat profanity gets U.S. Supreme Court’s attention”

HowAppealing

“A cheerleader’s Snapchat profanity gets U.S. Supreme Court’s attention”: Andrew Chung of Reuters has this report.

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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 hears arguments in firearms possession cases

JURIST

The Supreme Court on Tuesday heard oral arguments in two cases involving one of its own precedents regarding felony firearms possession. The issues in both cases involves the federal law that prohibits felons from possessing firearms, 18 USC §922(g). Two years ago in Rehaif v. United States the Court held that in order to convict someone under the statute, the government must prove both that a defendant knew he possessed a firearm and that he knew he belonged to a category of persons prohibited

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Meandering argument sheds little light on mandatory awards of costs of appellate litigation

SCOTUSBlog

Share Wednesday’s argument in City of San Antonio v. Hotels.com considered what would seem to be a basic procedural question: how courts should decide the “costs” that the prevailing party on appeal can recover from the losing party. It turns out, at least as far as the argument suggests, that nothing about that question is simple or obvious. The case involves two subsections of Rule 39 of the Federal Rules of Appellate Procedure.

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New York passes bill restoring voting rights of felons on parole

JURIST

The New York state legislature on Wednesday passed a bill that would automatically restore the voting rights of convicted felons once they are released on parole. The New York Senate voted 43 to 20 to pass the bill, S830B, which amends the state’s criminal code by striking provisions that revoke voting rights of convicted felons in all cases. Under the earlier law, voting rights would only be restored to felons if “[they] shall have been pardoned or restored to the rights of citizens

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Librarian, Market Thyself

LLRX

Caren Luckie , Research Attorney at Jackson Walker LLP, acknowledges what so many of us know, that during COVID work from home we have all been very busy, and in many cases, even more than in past years. With no direct, in person contact with customers and clients, Luckie offers proactive ways to build and maintain visibility and value.

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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 House passes DC statehood bill

JURIST

The United States House of Representatives on Thursday passed a bill to establish Washington DC as the the nation’s fifty-first state in a 216 to 218 vote. Congresswoman Eleanor Holmes Norton, who represents the District of Columbia and its 700,000 residents, introduced HR 51 in January. As the District of Columbia’s representative, Norton can serve on committees and sponsor bills, but she cannot participate in final floor votes to pass legislation.

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Why Informal Information Sharing is Holding Your Organization Back

LLRX

This article by Mary Ellen Bates is an excerpt from her recent presentation “The Strategic Value of Copyright Licensing Solutions,” to which she also provides a video link. Bates discusses ways published information is being used throughout organizations that you may not have considered, and the impact on copyright compliance.

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Japan rally protests immigration reform bill imposing refugee restrictions

JURIST

A rally in Japan on Thursday highlighted major opposition to proposed immigration reform currently under consideration in the National Diet. The proposed reform is seen as an even further tightening of Japan’s selective refugee system. The rally, “Open the Gate For All”, was attended by opposition lawmakers and human rights organizations like Amnesty International Japan and Solidarity Network with Migrants Japan , all seeking to marshal support against the legislation currently under

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Ensure timely supply of Remdesivir drug to COVID-19 patients- Bombay HC

LexForti

The Bombay High Court directed the State to ensure that the Covid-19 patients are not forced to run from pillar to post for the anti-viral drug Remdesivir and that the same is made available to the patients at the respective hospital or COVID Centre. The bench asked the State to smoothen the supply of drug through a helpline number which should be operational 24/7 for the citizens.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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UK lawmakers declare China’s treatment of Uyghurs genocide

JURIST

British lawmakers unanimously declared China’s ongoing crackdown in Xinjiang a genocide on Thursday. With this, the United Kingdom joins the United States, Canada and the Netherlands in condemning Beijing’s actions against Uyghurs and other Muslim minorities in the far-west region in the strongest possible terms. The motion was introduced by Conservative lawmaker Nusrat Ghani.

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Explained: Lifting of the Corporate Veil

LexForti

The author has explained the meaning and of the concept of Lifting of the Corporate Veil in a generic manner. Introduction. According to Section 2(20) of the Companies Act, 2013 , a company is defined as a company that is incorporated under this Act or any other previous prevailing Companies Act. A company can be formed in accordance with the provisions of Section 3 which provides for the incorporation of a company.

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DOJ announces probe into Minneapolis police department

JURIST

Attorney General Merrick Garland announced on Wednesday that the Department of Justice (DOJ) will open an investigation into the Minnesota Police Department (MPD) to determine whether there is a “pattern or practice” of excessive force and discriminatory, unconstitutional policing. The probe comes a day after MPD officer Derek Chauvin was convicted for the murder of George Floyd.

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Delhi HC allowed deduction on account of employment given to new workmen.

LexForti

In a recent matter of Delhi High Court, it was observed that the deduction can be made on the account of employment given to new workmen. According to facts of the case, a company- International Tractor Limited contended that the company is engaged in the business of manufacturing and assembling tractors and tractor components. The company filed the tax returns in which it declared its taxable income as Rs 147,83,25, 740/-.

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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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UN experts call for Navalny release citing deteriorating health

JURIST

United Nations (UN) human rights experts Wednesday expressed concern over the deteriorating health conditions of jailed Putin critic and opposition leader Alexei Navalny calling for his immediate medical evacuation from Russia. Navalny was convicted in February this year for his violating the terms of his parole from August 2020 to January 2021, a period when he was recuperating from a chemical nerve agent attack allegedly sanctioned by the Russian state. .

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Pete Recommends – Weekly highlights on cyber security issues, April 24, 2021

LLRX

Privacy and security issues impact every aspect of our lives – home, work, travel, education, health and medical records – to name but a few. On a weekly basis Pete Weiss highlights articles and information that focus on the increasingly complex and wide ranging ways technology is used to compromise and diminish our privacy and security, often without our situational awareness.

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US Supreme Court rules on life imprisonment for juveniles

JURIST

The US Supreme Court ruled Thursday in Jones v. Mississippi that when sentencing juvenile defendants to life imprisonment with no possibility of parole, judges need not make a separate factual finding concerning the defendant’s youth. The challenge came from Brett Jones, who was convicted in 2004 of killing his grandfather at age 15. Jones argued that under two of the court’s recent decisions, 2012’s Miller v.

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Suspect Who Dragged NYPD Officer Was Previously Released Pending Trial For Attempted Murder

JonathanTurley

The recently released video of a NYPD officer being dragged by a fleeing suspect took an even more controversial turn when it was disclosed that the suspect was out on bond despite being charged with attempted murder. Takim Newson’s earlier release by a judge is baffling given the alleged crime and Newson’s prior criminal record. Newson, 32, was stopped by police officers after he doubled parked on a busy street and the car had heavily t. inted windows.

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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.