Sun.Aug 22, 2021

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India court orders probe on post-poll violence in West Bengal election

JURIST

The Calcutta High Court on Wednesday ordered an investigation into the violence committed post-election poll in the state of West Bengal. The initial complaint highlighted the inaction of police in regard to post-poll violence. Even though the incidents occurring across the state were well within the knowledge of the police, there had been no punitive or preventive action.

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Sixth Circuit Finds No Brady Violation in Murder Appeal Despite State's Failure to Disclose That Its Key Eyewitness Said Defendant Was NOT the Shooter on Night of Shooting

EvidenceProf Blog

Pursuant to Brady v. Maryland, the prosecution has an affirmative obligation under the Due Process Clause to timely disclose material exculpatory evidence to the defense. So, in a murder/shooting case with no physical/forensic evidence, does the State violate Brady by.

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California court rules gig worker initiative unconstitutional

JURIST

A California judge ruled Friday that Proposition 22, a 2020 ballot measure exempting Uber and other companies from a state labor law by classifying drivers as independent contractors, is unconstitutional and unenforceable because it interferes with the legislature’s power to set workplace standards. The Service Employees International Union (SEIU) filed the lawsuit.

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How to Get a Divorce without Going to Court

LDA PRO

Everyone knows very well how exhausting the divorce case can be. So if you and your spouse both decide to get separated then it is better to do this outside of the court. So that the process is much quicker and much simpler. Though you are not going to court but still you are going to need a professional divorce paralegal service to help you with paperwork. .

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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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FTC files amended complaint in antitrust case against Facebook

JURIST

The US Federal Trade Commission (FTC) filed an amended complaint with additional data and evidence against Facebook on Thursday, continuing its antitrust case against the social media giant. The amended complaint comes after US District Judge James Boasberg dismissed the FTC’s initial complaint due to lack of evidence in June but allowed the agency to submit an amended complaint after resolving the issues in the complaint.

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Federal court imposes new burden of proof in non-citizen detentions

JURIST

The US Court of Appeals for the First Circuit ruled Friday that in order to detain non-citizen immigrants under the statute for apprehension and detention of non-citizen immigrants, “due process requires the government to either (1) prove by clear and convincing evidence that [the immigrant] poses a danger to the community or (2) prove by a preponderance of the evidence that [the immigrant] poses a flight risk.” The statute for apprehension and detention of non-citizen immigrants, 8

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“More Transparency Urged for ‘Shadow Docket'”

HowAppealing

“More Transparency Urged for ‘Shadow Docket'”: Kenneth Jost has this post at his blog, “Jost on Justice.

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Kenya appellate court affirms high court judgment invalidating constitutional amendment bill

JURIST

In a 5-2 decision, the Kenya Court of Appeal on Friday upheld a Kenya High Court decision declaring the Building Bridges Initiative (BBI), a constitutional amendment bill, unconstitutional. The decision has been rendered on a string of appeals flowing from the high court judgment in May , which termed BBI an usurpation of the people’s exercise of power.

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“Kavanaugh Is the Last Hope for Abortion Rights; Liberals have reviled the conservative Supreme Court justice since his confirmation hearing, but now hope that he still cherishes the reputation for moderation that he cultivated”

HowAppealing

“Kavanaugh Is the Last Hope for Abortion Rights; Liberals have reviled the conservative Supreme Court justice since his confirmation hearing, but now hope that he still cherishes the reputation for moderation that he cultivated”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

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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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Afghanistan dispatches: ‘there is no AUAF anymore’

JURIST

Law students and lawyers in Afghanistan are filing reports with JURIST on the situation there after the fall of Kabul to the Taliban on Sunday. Here, a law graduate of AUAF, the American University in Afghanistan, describes current circumstances at the University as Taliban control extends into its seventh day. For privacy and security reasons we are withholding his name.

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“Go Ahead. Ignore That Email. The costs of maintaining an empty inbox far outweigh whatever satisfaction you might derive from it.”

HowAppealing

“Go Ahead. Ignore That Email. The costs of maintaining an empty inbox far outweigh whatever satisfaction you might derive from it.” Law professor Stephen L. Carter has this essay online at Bloomberg Opinion in which he discusses, among other things, an opinion that Circuit Judge James C. Ho issued earlier this month on behalf of a unanimous three-judge panel of the U.S.

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Patently-O Bits and Bytes by Juvan Bonni

Patently O

Recent Headlines in the IP World: David Waldman and Natalya Rudma: Adial Pharmaceuticals Awarded U.S. and International Patents for the Treatment Of Alcohol and Opioid Use Disorders Using AD04 (Source: Yahoo Finance). Colton Wiens: Conservatives Promise to Cut Income Tax for New Technology Staying in Canada (Source: CTV). Daisuke Wakabayashi: Google Infringed on Patents Owned by Sonos, a Trade Judge Says (Source: The New York Times).

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“Divided Sixth Circuit upholds death penalty in child murder case; Danny Hill claimed he is intellectually disabled, which makes him ineligible for capital punishment due to a 2002 landmark decision by the U.S. Supreme Court”

HowAppealing

“Divided Sixth Circuit upholds death penalty in child murder case; Danny Hill claimed he is intellectually disabled, which makes him ineligible for capital punishment due to a 2002 landmark decision by the U.S. Supreme Court”: Joe Harris of Courthouse News Service has this report on a 9-to-7 en banc ruling that the U.S. Court of Appeals for the Sixth Circuit issued Friday.

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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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This Week in Regulation for Broadcasters: August 14, 2021 to August 20, 2021

Broadcast Law Blog

Here are some of the regulatory developments of significance to broadcasters from the last week, with links to where you can go to find more information as to how these actions may affect your operations. Two Federal Register notices set dates for changes to the FCC’s EAS rules. We wrote about these issues here and here. One notice set an effective date of September 20, 2021for rule changes expanding FEMA’s ability to send emergency alerts during national emergencies and requesting that States t

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“First woman to take helm as RI state court administrator”

HowAppealing

“First woman to take helm as RI state court administrator”: Katie Mulvaney of The Providence Journal has this report.

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Job Application Completion Rate |iHire

iHire

Wondering why your application completion rate is low? Learn to create a good job application form and up your completion rate with these best practices.

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Does Copyright Law Protect All Music Artists?

The Hollywood Lawyer

Music copyright plays a significant role and allows musicians and artists to protect their work from theft, infringement, or any kind of unauthorized use. If you aspire to pursue a career in the industry, you should learn the basics of copyright. Copyrighting your lyrics, composition, or recording signifies legal ownership. No one can use your […].

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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“No Further Action Will Be Taken”: Officer Who Fatally Shot Ashli Babbitt Cleared of Any Wrongdoing By Capitol Police

JonathanTurley

Ashli Babbitt (Twitter). Yesterday I wrote a column in the Hill about the FBI reportedly finding no evidence a planned insurrection at the Capitol on January 6th. In a related story, the Capitol Police has now entirely cleared the still unnamed officer who shot and killed Ashli Babbitt despite her being unarmed. The decision was marked by the same lack of information that characterized an earlier decision from the Justice Department.

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Australia: Franchising Code changes - Five key areas of interest - Holman Webb

Mondaq

Summary of five core areas of the Franchising Code of Conduct of significant change for franchisors and franchisees.

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“Unjust Enrichment”: Federal Court Rules That the University of Delaware Can Be Sued For Refunds Due To Shift To Virtual Classes

JonathanTurley

There is a major new ruling in Delaware that could impact universities and colleges across the country. A federal judge ruled in favor of allowing students at the University of Delaware to proceed with their claim that the school “unjustly enriched itself” during the COVID-19 pandemic. Judge Stephanos Bibas found the claims (and demand for partial refunds) “plausible.” While not controlling precedent outside of Delaware, the ruling could encourage other such challenges across the cou

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Alaska judge dismisses Trump-era approvals for Arctic oil project

JURIST

A US federal judge invalidated permits approved during the Trump administration for a large oil development project on Alaska’s North Slope on Wednesday. In a 110-page ruling , Judge Sharon Gleason vacated the permits granted to ConocoPhillips, Alaska’s largest crude oil producer, by the Bureau of Land Management (the Bureau) because they violated the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA).

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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.