EvidenceProf Blog
JANUARY 1, 2021
Assume that a defendant is charged with murder. Further, assume that, during defense counsel's opening statement, a spectator in the courtroom yells, “That's all lies!” Does the judge need to declare a mistrial, or will a curative instruction suffice? That.
Diane Drain
JANUARY 1, 2021
CFPB Settles with Discover Bank, the Student Loan Corporation and Discover Products for violating a consent order and other unlawful practices. December 22, 2020 Consumer Financial Protection Bureau issued a consent order that Discover must pay at least $10 million to consumers, and $25 million as a penalty for their unfair acts and practices. Below is a reprint of the CFPB’s announcement and Order.
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JURIST
JANUARY 1, 2021
The Iowa Supreme Court ruled Thursday that plaintiffs cannot recover punitive damages from the state when a law enforcement officer uses excessive force. Punitive damages are awarded as a way to punish the defendant and to deter that same conduct in the future. The Iowa Tort Claims Act (ITCA) prohibits an award of punitive damages against the state.
Diane Drain
JANUARY 1, 2021
CFPB and State Attorneys General Settle with Nationstar, aka Mr. Cooper, accused of unfair and deceptive practices. On December 7, 2020, the Consumer Financial Protection Bureau (Bureau) filed a complaint and proposed stipulated judgment and order against Nationstar Mortgage, LLC, which does business as Mr. Cooper (Nationstar). The Bureau alleges that Nationstar violated multiple Federal consumer financial laws, causing substantial harm to the borrowers whose mortgage loans it serviced, includin
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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.
JURIST
JANUARY 1, 2021
The Karnataka state government in India decided Monday to promulgate an ordinance to bring the Prevention of Slaughter and Preservation of Cattle Bill, 2020 into effect to curb the slaughter of cows in the state. Earlier this month, the Bharatiya Janata Party (BJP)-led government introduced the bill before the state legislative assembly. The bill was passed but did not receive the approval of the legislative council.
Paralegal Brief brings together the best content for paralegals and legal professionals from the widest variety of industry thought leaders
JURIST
JANUARY 1, 2021
Oregon starts issuing standard driver licenses to undocumented immigrants Friday owing to a law passed by the state’s legislature in the summer of 2019. The law, originally introduced in the Oregon House as HB2015 and later signed into law as the “ Equal Access to Roads Act”, eliminates the requirement for persons to prove US citizenship or legal presence in the US to be issued a non-commercial driver license or an identification card.
HowAppealing
JANUARY 1, 2021
“Sixth Circuit Declares Closure of Religious Schools in Toledo Violates Free Exercise Clause; The panel attempts to explain how to perform the Diocese comparator approach; Yet, the panel does not recognize that the Supreme Court’s precedents do not provide an answer”: Josh Blackman has this post at “The Volokh Conspiracy” about an order that a three-judge panel of the U.S.
JURIST
JANUARY 1, 2021
Several new Tennessee state laws take effect on January 1. The new rules include protections for pregnant workers, changes to tobacco laws, an expansion of the emergency alert system and tax regulations for sharing platforms. Pregnant workers at companies with more than 15 employees will be guaranteed some accommodations including extra restroom breaks and decreased standing requirements.
HowAppealing
JANUARY 1, 2021
“‘Lawyers Know Better’: Criticizing Lawyers for Defending Unpopular Clients Is Risky, ‘Disturbing’; Without able lawyers willing to represent both sides of a legal dispute, our legal system cannot function at its best.” Eric H. Holder Jr. has this essay online at The National Law Journal.
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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.
JURIST
JANUARY 1, 2021
A 12-year-old English girl took the first steps in a lawsuit against TikTok on Thursday. The intended claimant is joined by Anne Longfield as a litigation friend, a form of legal advocate in the English court system. Longfield, the United Kingdom’s Children Commissioner, and the claimant intend to bring action against “six corporate defendants said to be involved in or responsible for the operation of the social media platform TikTok.” Longfield and the claimant allege that
HowAppealing
JANUARY 1, 2021
“Our Anti-Korematsu”: Law professor Cass R. Sunstein has posted this paper at SSRN. The paper’s abstract begins, “In Roman Catholic Diocese of Brooklyn v. Cuomo, the Supreme Court took a highly aggressive approach to restrictions imposed by the state of New York on houses of worship, even though those restrictions were vigorously defended on public health grounds.
JURIST
JANUARY 1, 2021
The Ministry of Justice of the Russian Federation added Tuesday prominent women’s rights organization supporting domestic violence victims, Nasiliu.net (“Not to Violence”), to its “foreign agent” list under a controversial law aimed at restricting non-governmental organizations (NGOs) from operating freely. The “foreign agent” status subjects NGOs, the press, and individuals to higher levels of bureaucratic scrutiny, and requires NGOs to report the sta
HowAppealing
JANUARY 1, 2021
“Local legislators weigh in on changing Pa. Supreme Court elections”: Michael P. Rellahan of The Daily Local News of West Chester, Pennsylvania has this report.
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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.
JURIST
JANUARY 1, 2021
Hong Kong’s Court of Final Appeal revoked media tycoon Jimmy Lai’s bail on Thursday, seeing his return to custody until February at the earliest. The ruling comes only a week after Lai was granted bail by the High Court on a number of stringent terms, including that he pay HK$10 million and refrain from posting on social media. Lai, a pro-democracy activist, was charged in early December with one count of fraud and another for “collusion with a foreign country or with external elemen
HowAppealing
JANUARY 1, 2021
“Supreme Court to examine Georgia-Florida water case in February”: Tamar Hallerman of The Atlanta Journal-Constitution has this report.
The Process Street
JANUARY 1, 2021
I love winning. It doesn’t matter what’s involved or what the prize is, I’ll do what I can to achieve my goal of clinching that ‘winner’ title. When I was 6, my primary school held an egg and spoon race as part of its sports day activities. The prize was a yardstick of chocolate. Let’s just say that, by lunchtime, there were tears and tantrums elsewhere while my face was smeared with chocolate.
JURIST
JANUARY 1, 2021
The Supreme Court of Venezuela invalidated a motion by the National Assembly on Wednesday to extend its term an additional year in light of the December 6, 2020, parliamentary elections. The National Assembly is currently controlled by the opposition party led by speaker Juan Guaidó. Most of the opposition parties boycotted the December elections on the grounds that it would not be conducted in a free and fair manner.
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Short article looking at the new CCP 2016.
LegalReader
JANUARY 1, 2021
Ohio’s attorney general, Dave Yost, is joining religious schools to push back against a public health order issued by the Lucas County Regional Board of Health back in November.
JURIST
JANUARY 1, 2021
The legislative assembly of the state of Assam in India passed Wednesday a bill to convert State-run madrasas (Islamic schools) into general schools. The ruling Bharatiya Janata Party claimed that the schools did not provide an adequate education. Assam Education Minister Himanta Biswa Sarma said, “We need more doctors, police officers, bureaucrats, and teachers, from the minority Muslim community rather than Imams for mosques.” While the bill seeks to repeal the Assam Madrassa Educa
LegalReader
JANUARY 1, 2021
Alabama father brings lawsuit against Sequel facility alleging staff abused his son.
JURIST
JANUARY 1, 2021
More than 100 retired bureaucrats and diplomats urged the chief minister of the Indian state of Uttar Pradesh to repeal a new law that criminalizes forced religious conversion of brides on Tuesday, warning that it risks fueling communal tensions. Demanding withdrawal of the “illegal” ordinance and suitable compensation for those booked under it, the letter states: It has become painfully evident that, in recent years, UP, once known as the cradle of the Ganga-Jamuna civilisation, has
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LegalReader
JANUARY 1, 2021
Marco Puente says he was pepper-sprayed and arrested for filming a potentially racially-charged traffic stop--of his own son.
JURIST
JANUARY 1, 2021
Belarus President Alexander Lukashenko said Thursday that a referendum would be held on constitutional reforms. State-owned news agency BelTA reported that Lukashenko said whether or not the Belarusian People’s Congress will become a constitutional body is not yet settled. However, Lukashenko is reported to have stated that the matter will be part of a draft Constitution which will then be subject to a referendum.
LegalReader
JANUARY 1, 2021
A racial discrimination lawsuit was recently brought to an end when the Middlesex County School District agreed to settle for $25,000.
Conflict of Laws
JANUARY 1, 2021
MF Moscati, M Palmer, and M Roberts just published a book titled “Comparative Dispute Resolution.” The blurb reads as follows: Comparative Dispute Resolution offers an original, wide-ranging, and invaluable corpus of chapters on dispute resolution. Enriched by a broad, comparative vision and a focus on the processes used to handle disputes, this study adds significantly to the discourse around comparative legal studies.
Speaker: Adina Marta Newman
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