Thu.Mar 04, 2021

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George Floyd police reform bill approved in US House

JURIST

The US House of Representatives approved the George Floyd Justice in Policing Act of 2021 Wednesday, a bill intended to institute police reform in a wide variety of categories. The 220 to 212 vote was almost entirely along partisan lines. A previous version of the bill passed the House last year but failed in the Senate. Like the previous version , the 2021 bill alters the qualified immunity available to law enforcement officers.

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Court Finds Hyperbaric Surgery Articles & Manual Inadmissible Under Learned Treatise Exception

EvidenceProf Blog

Federal Rule of Evidence 803(18) provides an exception to the rule against hearsay for A statement contained in a treatise, periodical, or pamphlet if: (A) the statement is called to the attention of an expert witness on cross-examination or relied.

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Myanmar dispatches: updates and analysis from JURIST correspondents in Myanmar

JURIST

JURIST EXCLUSIVE – A Myanmar law professor joins JURIST’s team of law student correspondents on the ground in Myanmar, updating us on the latest developments on Thursday, a day after police and security forces killed dozens of pro-democracy protestors at rallies and demonstrations across the country. Out of respect for our correspondent’s voice, the text as received has been minimally edited for clarity.

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Never Waste a Good Crisis to Update your Court

CourtTechBulletin

The Freakonomics website has a page that discusses the quote in the title of this post. It is obviously appropriate for the courts in this time of the Covid-19 pandemic, but I have used it in another context, when a new case, document, or e-filing systems are being introduced into a court. I explain below… Read more ».

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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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South Carolina Senate approves bill expanding death penalty methods

JURIST

The South Carolina Senate voted 32-11 in favor of expanding permissible ways of executing death row inmates. The bill, which was introduced to the Senate last year, would allow firing squads and the electric chair to be used for executions. The bill was first introduced last December in response to an expiring lethal injection stockpile. The bill changes the primary method of execution to the electric chair and allows the inmates to choose lethal injection or firing squad so long as the method i

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The problem of Amazon Basics

Patently O

I’d love to hear your thoughts on this situation that is rampant in the industry. [link]. This video might be a good starting point for a course on intellectual property law. — Dennis Crouch (@patentlyo) March 3, 2021.

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“Mitch McConnell Working With Kentucky Legislature on Senate Exit Strategy; Legislation informally referred to as the Daniel Cameron Election Bill is moving through the Kentucky General Assembly”

HowAppealing

“Mitch McConnell Working With Kentucky Legislature on Senate Exit Strategy; Legislation informally referred to as the Daniel Cameron Election Bill is moving through the Kentucky General Assembly”: Nick Storm has this report online at The Intercept.

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Cyber Harassment, Free Speech, and the Law

LegalReader

Litigation trends typically start to move legislation at the state and federal level, and this is what’s starting to be seen in terms of legal protection for victims of online harassment.

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“Ninth Circuit Orders New Trial in Criminal Dumping Case”

HowAppealing

“Ninth Circuit Orders New Trial in Criminal Dumping Case”: Maria Dinzeo of Courthouse News Service has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

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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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How to Save 6,000 Hours per Year with Business Systems Development

The Process Street

This is a guest post by Michael Zipursky , CEO of Consulting Success® and Coach to Consultants. He has advised organizations like Financial Times, Dow Jones, RBC, and helped Panasonic launch new products into global markets. Michael is also the author of the Amazon Best Sellers ACT NOW: How successful consultants thrive during chaos and uncertainty , The Elite Consulting Mind and Consulting Success® the book.

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En banc Ninth Circuit finds there’s no time like the present to fight over Justice Scalia

HowAppealing

En banc Ninth Circuit finds there’s no time like the present to fight over Justice Scalia: On Tuesday, an 11-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued this decision consisting of a majority opinion, a concurring opinion, three different opinions concurring in part and dissenting in part, and an opinion dissenting in part.

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Federal Circuit on TM Licensing: We’re going to Enforce the Terms

Patently O

Authentic Apparel v. US ( Fed. Cir. 2021 ). Authentic makes branded apparel, and had a non-exclusive license from the US Army to make Army branded items. (Signed back in Aug 2010). One line of clothing was going to feature The Rock (Duane Johnson) with Army-Style clothing. (Seriously though, tie those shoes). The license included a requirement that any sale/distribution must first receive the Army’s “advance written approval” subject to the Army’s “sole and absolut

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“Justices Lean Toward ‘Do-Over’ in Appointments Clause Dispute”

HowAppealing

“Justices Lean Toward ‘Do-Over’ in Appointments Clause Dispute”: Kimberly Strawbridge Robinson of Bloomberg Law has this report. You can access via this link the audio and transcript of yesterday’s U.S. Supreme Court oral argument in Carr v. Saul , No. 19-1442.

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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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Louisiana Family Says New Orleans Officer Sexually Assaulted Teenage Girl

LegalReader

Officer Rodney Vicknair allegedly assaulted the girl over the course of some months--including when she was on her way to a hospital to get a rape kit performed.

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“Justice Amy Coney Barrett Issues Her First Majority Opinion; The 7-to-2 ruling rejected an environmental group’s Freedom of Information Act request”

HowAppealing

“Justice Amy Coney Barrett Issues Her First Majority Opinion; The 7-to-2 ruling rejected an environmental group’s Freedom of Information Act request”: Adam Liptak of The New York Times has this report. Robert Barnes of The Washington Post reports that “ Supreme Court sides with government over environmentalists in Barrett’s first signed majority opinion.” Jess Bravin of The Wall Street Journal reports that “ Justice Amy Coney Barrett, in First Opinion, L

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Are Businesses at Risk of Litigation in the Event of a Cybersecurity Breach?

LegalReader

Business owners should take a proactive approach to shoring up cybersecurity measures - it may protect your assets not only in business, but also in court. .

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“Supreme Court Makes It Harder For Undocumented Immigrants To Fight Deportation”

HowAppealing

“Supreme Court Makes It Harder For Undocumented Immigrants To Fight Deportation”: Nina Totenberg of NPR has this report. Kimberly Strawbridge Robinson of Bloomberg Law reports that “ Longtime Immigrants Fall Short in Surprise High Court Ruling.” And Brad Kutner of Courthouse News Service reports that “ High Court Finds Burden of Proof to Stop Deportation Falls on Immigrant; The justices found that an undocumented immigrant seeking to cancel their deportation must pr

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Hurricane Maria Policyholders Can Now Demand Immediate Payments from Insurers

LegalReader

This precedent will help not only WMC’s clients, but thousands of other policyholders who can now immediately demand millions of dollars from the carriers.

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“Court narrows law used to target white supremacists; The 9th Circuit reinstates charges against four men accused of attacks at California rallies”

HowAppealing

“Court narrows law used to target white supremacists; The 9th Circuit reinstates charges against four men accused of attacks at California rallies”: Josh Gerstein of Politico has this report on a per curiam decision that a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

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TikTok Agrees to Pay $92M to Settle Lawsuit Alleging It Captured Users’ Biometric and Private Data

LegalReader

Illinois is currently the only state in the country with a statute that allows consumers to seek monetary damages if their biometric information is wrongfully taken.

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“The Supreme Court Is Giving Lower Courts a Subtle Hint to Rein In Police Misconduct; And those paying attention haven’t missed it”

HowAppealing

“The Supreme Court Is Giving Lower Courts a Subtle Hint to Rein In Police Misconduct; And those paying attention haven’t missed it”: Law professor Joanna Schwartz has this essay online at The Atlantic.

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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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Oahu Parachute Center, State of Hawaii Sued Over Fatal 2019 Plane Crash

LegalReader

Oahu Parachute Center, its owner, and many others were recently named in a lawsuit over the fatal 2019 plane crash that killed 11 people.

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“One year without Supreme Court in-person oral arguments; The last in-person oral argument was on March 4, 2020, in June Medical Services v. Gee”

HowAppealing

“One year without Supreme Court in-person oral arguments; The last in-person oral argument was on March 4, 2020, in June Medical Services v. Gee”: Josh Blackman has this post at “The Volokh Conspiracy.” Coincidentally, my last in-person oral argument — it did not occur at the U.S. Supreme Court — was one year ago yesterday.

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Disney 2021 Shareholders to Empower Workers?

Corporate Governance

Disney 2021 annual meeting is March 9, 10 AM Pacific Time. To attend, vote, and submit questions during the Annual Meeting, visit virtualshareholdermeeting.com/DIS2021 and enter your control number. I recommend voting in advance. To enhance long-term value. Vote AGAINST Iger, Barra, Lagomasio, Parker, the Auditor, and Pay. Vote FOR Lobbying Disclosure and Increase Diversity of Director […].

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“America’s Legalistic Culture Is About to Become a Problem; The vaccine rollout will create new clashes between conflicting rights”

HowAppealing

“America’s Legalistic Culture Is About to Become a Problem; The vaccine rollout will create new clashes between conflicting rights”: Law professor Jamal Greene has this essay online at The Atlantic.

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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.