Wed.Feb 17, 2021

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Dutch court finds COVID curfew impermissible under emergency powers act

JURIST

A trial court in The Hague granted a preliminary injunction Monday against the Dutch government’s curfew, which was instituted to stop the spread of the coronavirus. The curfew lasted from 9 PM to 4:30 AM and was enacted under the government’s emergency powers, which enabled the executive branch to bypass the Senate and House of Representatives.

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Eighth Circuit Deems Evidence of Prior Child Molestation Convictions Admissible at Child Pornography Trial

EvidenceProf Blog

Federal Rule of Evidence 414(a) provides that In a criminal case in which a defendant is accused of child molestation, the court may admit evidence that the defendant committed any other child molestation. The evidence may be considered on any.

Court 130
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Leaked Chechnya government documents confirm police role in 2017 extrajudicial killings: report

JURIST

Independent Russian newspaper Novaya Gazeta released exclusive documentation leaked from a government source Monday confirming that 27 men who went missing and were presumed dead in 2017 were in fact detained by Chechnyan local police, undermining the Chechnyan authorities’ official denial of their involvement in the disappearances. The documentation comes in the form of internal police charts that list mugshots and identities of the individuals, with many photos indicating the marks of ph

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“Taking Complaint Public, Lawyer Confronts Appellate Court’s Delays; Jon Eisenberg is accusing three justices on California’s Third District Court of Appeal in Sacramento of allowing some matters languish over the last three years; The court handles a heavy workload; At one point in 2018, it had the highest number of pending, fully briefed appeals per authorized justice among all state appellate districts”

HowAppealing

“Taking Complaint Public, Lawyer Confronts Appellate Court’s Delays; Jon Eisenberg is accusing three justices on California’s Third District Court of Appeal in Sacramento of allowing some matters languish over the last three years; The court handles a heavy workload; At one point in 2018, it had the highest number of pending, fully briefed appeals per authorized justice among all state appellate districts”: Cheryl Miller of The Recorder has this report.

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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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Private security company barred from sending armed guards to polling places in Minnesota

JURIST

A Tennessee private security company recruiting military veterans to ‘protect’ polls in Minnesota will face new restrictions as part of a settlement with local civic engagement organizations. Two weeks before the November 3 election, The League of Women Voters Minnesota (LWVMN) and the Minnesota chapter of the Council on American-Islamic Relations (CAIR-MN) filed a lawsuit against military contractor Atlas Aegis, citing voter intimidation in violation of the Voting Rights Act.

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More Trending

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India politicians and activists condemn arrest of climate activist for involvement with farmers’ protest ‘toolkit’

JURIST

Indian politicians and climate activists on Monday condemned the arrest of 22-year-old climate activist Disha Ravi on charges of sedition for her alleged involvement with a Google document “toolkit” containing resources to support the protesting Indian farmers. The toolkit garnered attention after it was tweeted by Swedish climate activist Greta Thunberg.

Legal 152
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“Pennsylvania’s Awful Plan to Gerrymander Judgeships: Electing judges is a terrible idea.”

HowAppealing

“Pennsylvania’s Awful Plan to Gerrymander Judgeships: Electing judges is a terrible idea.” Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Laws 100
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Myanmar dispatches: updates and analysis from our law student correspondents in Myanmar

JURIST

JURIST EXCLUSIVE – One of JURIST’s law student correspondents in Myanmar writes Wednesday: On the military press conference. RFA [Radio Free Asia] interviewers asked a lot of specific and straightforward questions at Tuesday’s press conference given by the military junta. What they mainly explained is how much they can bend the laws in their favor.

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“‘Watch it boys and girls’: Missouri cannabis lawyers face warning from state Supreme Court.”

HowAppealing

“‘Watch it boys and girls’: Missouri cannabis lawyers face warning from state Supreme Court.” Jack Suntrup of The St. Louis Post-Dispatch has this report.

Lawyer 100
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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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Bangladesh court sentences five militants to death for killing US blogger

JURIST

A special anti-terrorism tribunal in Bangladesh’s capital sentenced five members of an Islamist militant group to death on Tuesday for killing a Bangladeshi-American blogger. Aviijit Roy, a 42-year-old Bangladesh-born US citizen, was a well-known atheist blogger who spoke out against religious fundamentalism. Six Islamist militants targeted and murdered Roy in the streets of Dhaka, Bangladesh, in February 2015.

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How to Deliver Bad News

ALPS

Difficult conversations can be, well difficult; particularly if the purpose of the conversation is to pass along bad news. After all, who looks forward to hearing bad news or having to be the one responsible for delivering it? I suspect this is why some lawyers will reach out to me looking for help when they suddenly find themselves in a situation where they must become the bearer of bad news.

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JURIST launches new Features coverage

JURIST

As part of the continued expansion of JURIST’s global legal news coverage, JURIST launched a section dedicated to long-form journalism and explainers on Wednesday. JURIST’s new Features section will dive deeper into the enduring legal issues of our time, providing nuanced perspectives and insights from newsmakers and others at the frontlines.

Legal 104
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“Woman left with 22 stitches after NJ Transit bus attack can keep $1.8 million award, state Supreme Court rules”

HowAppealing

“Woman left with 22 stitches after NJ Transit bus attack can keep $1.8 million award, state Supreme Court rules”: Sophie Nieto-Munoz of NJ Advance Media has this report. And David Porter of The Associated Press reports that “ Court upholds woman’s $1.8M award in NJ Transit bus attack.” You can access today’s 4-to-3 ruling of the Supreme Court of New Jersey at this link.

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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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Australia PM announces review of workplace sexual assault laws following rape allegations

JURIST

Australian Prime Minister Scott Morrison announced Tuesday that he was launching two reviews, to be conducted by Liberal MP Celia Hammond and a deputy secretary of his department, Stephanie Foster, into the culture and laws surrounding workplace sexual assault in Parliament House after former Liberal staffer Brittany Higgins came forward with her 2019 rape allegations in a television interview on Monday.

Laws 104
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“#010: Juvaria Khan — Founder and Director of the Appellate Project Non-Profi?t?.”

HowAppealing

“#010: Juvaria Khan — Founder and Director of the Appellate Project Non-Profi?t?.” You can access the new installment of the “How I Lawyer Podcast with Jonah Perlin” via this link.

Lawyer 100
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Hong Kong pro-democracy tycoon arrested again while in jail

JURIST

Hong Kong pro-democracy tycoon Jimmy Lai was arrested again Wednesday while in jail on suspicion of assisting a fugitive captured by China last year, according to local newspaper Oriental Daily. Lai and nine others were arrested in August under the new national security law for suspected collusion with foreign forces. The law, which came into force in June, was created to prevent secession, subversion, organization and terrorist activities.

Court 104
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“California’s Shifting Relationship With the Supreme Court: A conversation with the constitutional law expert Erwin Chemerinsky about what Californians can expect from a conservative court.”

HowAppealing

“California’s Shifting Relationship With the Supreme Court: A conversation with the constitutional law expert Erwin Chemerinsky about what Californians can expect from a conservative court.” Jill Cowan has this discussion online at The New York Times.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Europe rights court: Germany investigation into Afghanistan airstrikes was lawful

JURIST

The European Court of Human Rights (ECHR) ruled Tuesday that Germany’s investigation into a 2009 airstrike on Kunduz, Afghanistan, was sufficiently conducted and did not violate the European Convention on Human Rights. The German Federal Prosecutor General opened the investigation in 2010 when Afghan citizen Abdul Hanan filed a complaint after losing his two young sons to the attack, asserting that Germany did not fulfill its international legal obligation to investigate the incident suffi

Laws 99
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“Nevada Supreme Court justices seek a $30K pay hike”

HowAppealing

“Nevada Supreme Court justices seek a $30K pay hike”: Online at The Las Vegas Review-Journal, columnist Victor Joecks has an essay that begins, “The justices of the Nevada Supreme Court want the Legislature to give judges a $30,000 raise. No thanks.

Court 100
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Myanmar mass protests grow in defiance of Suu Kyi charges, military coup leaders’ claims

JURIST

Hundreds of thousands of Myanmar citizens took to the country’s streets on Wednesday, protesting the February 1 military coup that deposed civilian leader Aung San Suu Kyi and challenging the trivial charges military authorities have laid against her, the most recent of which (violating COVID-19 restrictions) were disclosed Tuesday. Many were also determined to undercut recent military claims that the takeover was supported by “40 million” people in the country of some 54 milli

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“Colorado Supreme Court asks other branches of government to pick investigators; Investigators would explore alleged effort to keep misconduct quiet”

HowAppealing

“Colorado Supreme Court asks other branches of government to pick investigators; Investigators would explore alleged effort to keep misconduct quiet”: David Migoya has this front page article in today’s edition of The Denver Post.

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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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Earley’s application comes too Late

Patently O

In re Earley ( Fed. Cir. 2021). In its December 2020 decision, the Federal Circuit sided with the PTO — upholding the PTAB conclusion that Mr. Earley’s claims were obvious based upon Earley’s own prior invention. The court has now also denied Early’s petition for rehearing. Earley represented himself pro se. His filings at the Federal Circuit were not pretty, and I expect that sealed his loss — even if he had a good underlying argument on the merits.

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“A Crazy Debt Repayment Rule Just Cost Revlon $900 Million; Laws letting creditors keep mistaken payments are outdated”

HowAppealing

“A Crazy Debt Repayment Rule Just Cost Revlon $900 Million; Laws letting creditors keep mistaken payments are outdated”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Laws 100
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Black St. Louis Cop Beaten By Fellow Officers to Receive $5m Settlement

LegalReader

The City of St. Louis will pay $5 million to Luther Hall, a Black policeman who was beaten by fellow officers while working an undercover job during the Jason Stockley protests in 2017. KMOV4 reports that Hall was assigned to work within a crowd of protesters following the acquittal of St. Louis Police Officer Jason.

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“The Upside-Down Treatment of Religious Exceptions Cases in the Supreme Court”

HowAppealing

“The Upside-Down Treatment of Religious Exceptions Cases in the Supreme Court”: Law professor Michael C. Dorf has this essay online at Justia’s Verdict.

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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.