JURIST

OCTOBER 18, 2021

The Supreme Court added two new cases Monday involving Native Americans to its docket this term. The first case is Denezpi v. United States , which asks the Court to consider an issue regarding the double jeopardy clause of the Fifth Amendment. In 2017 Merle Denezpi, a member of the Navajo Nation, pleaded guilty to an assault charge before the Court of Indian Offenses, for which he was sentenced to 140 days incarceration.

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EvidenceProf Blog

OCTOBER 18, 2021

Federal Rule of Evidence 612 provides that (a) Scope. This rule gives an adverse party certain options when a witness uses a writing to refresh memory: (1) while testifying; or (2) before testifying, if the court decides that justice requires.

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JURIST

OCTOBER 18, 2021

JURIST EXCLUSIVE – Law students and lawyers in Afghanistan are filing reports with JURIST on the situation there after the fall of Kabul to the Taliban. Here, a lawyer in Kabul offers his observations and perspective on factory closures in the country since the Taliban took power and the economic implications of that. For privacy and security reasons we are withholding our correspondent’s name and institutional affiliation.

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HowAppealing

OCTOBER 18, 2021

Access today’s Order List of the U.S. Supreme Court : At this link. The Court granted review in two new cases. In addition, the Court issued two per curiam opinions summarily and unanimously reversing denials of qualified immunity, one from the Ninth Circuit and the other from the Tenth Circuit.

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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.

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JURIST

OCTOBER 18, 2021

The Joint Standing Committee on Nothern Australia Monday published its final report on the destruction of Aboriginal and Torres Strait Islander cultural sites. The nearly 350-page report, titled A Way Forward , calls for a new legislative framwork to protect Aboriginal and Torres Strait Islander cultural heritage. The Australian Senate ordered the inquiry on June 11, 2020, after the mining company Rio Tinto destroyed several 46,000-year-old caves at the Juukan Gorge in the Pilbara region of West

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JURIST

OCTOBER 18, 2021

The French Council of State ( Conseil d’Etat ) ordered the government Friday to repair the environmental damages caused by the state’s failure to meet greenhouse gas reduction targets. The ruling also ordered the Prime Minister to take immediate action to prevent further aggravation of damage. The court gave a deadline of December 31, 2022, for damage compensation.

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ABA Journal

OCTOBER 18, 2021

A former corporate client suing two large law firms for $310 million contends that a plural word in a purchase agreement wrongly suggested that it…

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Law Firm Law Firms Laws 138

Above The Law

OCTOBER 18, 2021

What Does The Interrupting Cow Say? : Nothing, because they would be in violation of new Supreme Court rules. Fascist Friendly Twitter Longs For Good Old Days : Right-wing Twitter bemoans the ACLU objecting to the state exercising its "free speech rights" to discriminate against individuals. Meanwhile, In Things That Actually Are First Amendment Issues : Black students suspended for wanting to protest. after the white kids marched around with a Confederate flag.

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The Crime Report

OCTOBER 18, 2021

By failing to prioritize incarcerated people, the state-by-state rollout of the COVID-19 vaccine represented a legal and ethical failure, argue the authors of a California Law Review paper. In “A Dose of Dignity: Equitable Vaccination Policies for Incarcerated People and Correctional Staff During the COVID-19 Pandemic,” Itay Ravid , Jordan Hyatt , and Steven L.

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HowAppealing

OCTOBER 18, 2021

“Once Again, the Most Important Supreme Court Term Ever; ‘Momentous’ has been used repeatedly for more than a century to describe each new session as justices weigh issues that resonate in their time”: Law professor Stephen L. Carter has this essay online at Bloomberg Opinion.

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The Crime Report

OCTOBER 18, 2021

The number of individuals prosecuted for federal firearms offenses increased by 34 percent between 2000 and 2016, but the length of the average prison sentence declined over the same period, according to the Urban Institute. The Urban Institute study, released under the auspices of the Bureau of Justice Statistics, found that the increase in investigations, prosecutions and convictions was largely driven by firearms possession offenses.

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HowAppealing

OCTOBER 18, 2021

“University of North Carolina Can Keep Affirmative Action, Judge Rules; Students for Fair Admissions vowed to immediately appeal in a case that appears destined for the Supreme Court”: Stephanie Saul of The New York Times has this report.

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Broadcast Law Blog

OCTOBER 18, 2021

A recent controversial court of appeals decision on a defamation claim brought by Congressman Devin Nunes sends a signal to broadcasters about the care they need to give to reviewing commercial messages – particularly political attack ads – when questions are raised as to the truth of the assertions made in those ads. As we have written before , broadcasters are immune from civil liability for defamation claims when they broadcast an ad from the campaign of a legally qualified candidate, as a s

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HowAppealing

OCTOBER 18, 2021

Programming note: On Tuesday morning, I will be presenting oral argument in two related appeals to a three-judge panel of the Superior Court of Pennsylvania at a special sitting at the Tioga County Court House in Wellsboro, Pennsylvania ( depicted here in my tweet from earlier today). As a result, additional posts will not appear here until Tuesday afternoon or evening.

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The Fashion Law

OCTOBER 18, 2021

Consumers and investors are increasingly taking into account companies’ efforts on the Environmental, Social and Governance – “ESG” – front, with investors, in particular, scrutinizing companies’ sustainability credentials with more frequency and robustness than in the past. Against this background, glossy public-facing ESG and Corporate Social Responsibility reports are being published by companies in an attempt to draw attention to their efforts, while brands are readily engaging in marketing

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HowAppealing

OCTOBER 18, 2021

“A Century-Long ‘Reign of Error’ for a Supreme Court Typo; A sweeping statement in a 1928 opinion about property rights was revised soon after it was issued; But the error lived on”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times about a forthcoming law review article, titled “ A Reign of Error: Property Rights and Stare Decisis ,” by law professor Michael Allan Wolf.

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ABA Journal

OCTOBER 18, 2021

Mayer Brown will no longer represent the University of Hong Kong in its effort to remove a campus statue memorializing the 1989 Tiananmen Square massacre.

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Short article looking at the new CCP 2016.

The Crime Report

OCTOBER 18, 2021

One person died and seven others were injured in a shooting at Grambling State University in Louisiana early on Sunday, the second such deadly incident on campus in less than a week, reports Reuters. One of the injured was a student at the university, while the rest were not. An incident last week in front of the university’s Favrot Student Union building left another person dead, Grambling State said.

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Law 360

OCTOBER 18, 2021

A New Jersey state judge on Monday said the New York Giants cannot escape a fired video director's whistleblower suit over purported workplace violence complaints after attorneys traded barbs over his claims that the team's general counsel threatened to "strangle" him if he shared confidential information.

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The Crime Report

OCTOBER 18, 2021

Police officers in cities around the country and their unions continue to push back against requirements that officers get vaccinated against COVID-19, threatening resignations and lawsuits, reports the New York Times. Some elected officials say police officers have a higher responsibility to get vaccinated because they regularly interact with the public and could unknowingly spread the virus.

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SCOCAblog

OCTOBER 18, 2021

Overview On August 20, 2021, Alameda Superior Court Judge Frank Roesch struck down Proposition 22, which would have classified app-based drivers as independent contractors, not employees.[1] Defining those drivers as independent contractors is problematic for California in two ways. As independent contractors, app-based drivers often underpay their taxes and insurance, which creates knock-on effects for the state’s ability to accurately tax this economic sector and financially burdens the state

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The Crime Report

OCTOBER 18, 2021

New legal action brought against the Kenosha, Wisconsin Police Department by Gaige Grosskreutz, who was wounded during the incident, alleges that local police effectively deputized a “band of white nationalist vigilantes” during protests sparked by the shooting of Jacob Blake in which 17-year-old Kyle Rittenhouse killed two people, reports The Guardian.

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Above The Law

OCTOBER 18, 2021

It sure would be a bad PR move for the Liberty and Public Discussion™ group to miss this opportunity.

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Patently O

OCTOBER 18, 2021

by Dennis Crouch. Edible IP v. Google (GA 2021). This interesting case is pending before the Supreme Court of Georgia over the question of keyword advertising under Georgia law. The following comes from Edible’s brief: Edible’s claim is simple. It owns valuable intangible property associated with the trade name “Edible Arrangements.” The law [of Georgia] protects its right to exclude others from trading on that name and its associated good will for profit.

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ABA Journal

OCTOBER 18, 2021

Did Yale Law School go overboard when it tried to get a 2L to apologize for sending an invitation to a to a “trap house”…

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Speaker: Adina Marta Newman

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