Mon.May 17, 2021

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Taiwan election commission approves three referendums to be held in August

JURIST

Taiwan’s Central Election Commission (CEC) on Friday approved proposals to hold three referendums on August 28, in addition to the nuclear power plant referendum already planned. In a statement , the CEC said that it had “deliberated on, and approved, three referendums,” meaning each had passed the hurdle of 289,667 signatures needed before a referendum will be held.

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Student Advocates Team and others Falsely Promised Services – Now Banned

Diane Drain

Operators of Student Loan Debt Relief Scheme Banned From Providing Debt Relief Services as Part of Settlement with FTC. (Reprint from Federal Trade Commission, May 17, 2021) The operators of a student loan debt relief scheme are banned from providing debt relief services and have agreed to settle Federal Trade Commission charges that they collected illegal upfront fees and falsely promised to lower or even eliminate consumers’ loan payments or balances.

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Federal appeals court affirms $25 million judgment in Bayer’s Roundup cancer case

JURIST

The US Court of Appeals for the Ninth Circuit upheld a $25 million judgment and jury verdict Friday finding that a California man, Edwin Hardeman, developed cancer from exposure to agribusiness Monsanto’s weed-killer, Bayer’s Roundup. Hardeman alleged that he developed non-Hodgkin’s lymphoma as a result of the use of Roundup over decades.

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Supreme Court Rules That the Community Caretaking Exception Does Not Apply to Warrantless Home Entries

EvidenceProf Blog

Today, the Supreme Court issued its opinion in Caniglia v. Strom. It was a unanimous opinion, with the Court concluding that the community caretaking exception to the Fourth Amendment warrant requirement does not apply to warrantless home entries. Here was.

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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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US Supreme Court rules jury unanimity rule does not apply retroactively

JURIST

The US Supreme Court held Monday that individuals whose convictions became final before Ramos v. Louisiana , holding that jury verdicts in criminal trials must be unanimous under the Sixth Amendment to the US Constitution, do not receive the advantages of jury unanimity on federal collateral review. In April 2020, the Supreme Court ruled in Ramos that defendants on trial in state courts must be convicted by a unanimous jury under the Sixth Amendment, which is incorporated to the states by the F

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Chile voters favor independent candidates in constitutional convention election

JURIST

The Chilean citizenry voted over the weekend in favor of independent candidates to rewrite the constitution. For the first time, voters were invited to have their say on who rewrites their country’s constitution. There will be 155 delegates working on the rewrite in a group called the Constitutional Convention. Most delegates voted in are independent.

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In unanimous Fourth Amendment ruling, a reminder that there is, in fact, no place like home

SCOTUSBlog

Share On Monday, the Supreme Court released its opinion in Caniglia v. Strom , which unanimously held that a lower court’s extension of Cady v. Dombrowski ’s “community caretaking” exception into the home defied the logic and holding of Cady , as well as violated the Fourth Amendment’s warrant requirement. With the court’s unanimity in Caniglia , the home remains the most sacred space under the Fourth Amendment; its sanctity literally houses its privilege.

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US Supreme Court agrees to consider abortion case that could affect Roe v. Wade

JURIST

The US Supreme Court agreed Monday to hear Dobbs v. Jackson Women’s Health Association , a case that presents the issue of “[w]hether all pre-viability prohibitions on elective abortions are unconstitutional.” The case, which concerns Mississippi’s ban on non-emergency abortions after 15 weeks of pregnancy, will allow the Supreme Court to reconsider its rulings in Roe v.

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LawNext: How Law Schools Should Teach Tech, With April Dawson

LawSites

There is broad agreement that if law schools are to adequately train students for careers in law, then technology is a critical part of the curriculum. Despite this, many law schools get a failing grade when it comes to teaching tech. So how, exactly, should law schools teach tech? And what topics should such teaching cover? April G. Dawson has given a lot of thought to those questions.A former computer programmer and litigator, she is now associate dean of technology and innovation and professo

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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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US Supreme Court refuses ‘community caretaking’ exception to Fourth Amendment requirements

JURIST

The US Supreme Court ruled on Monday that there is no standalone “community caretaking” exception to the Fourth Amendment that would allow police to conduct a warrantless search and seizure of a person’s home as part of a welfare check. This case, Caniglia v. Strom , involved a welfare check, which led to police searching and seizing the petitioner’s guns against his wishes.

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Access today’s Order List of the U.S. Supreme Court

HowAppealing

Access today’s Order List of the U.S. Supreme Court : At this link. The Court granted review in three new cases. And in Calvert v. Texas , No. 20–701, Justice Sonia Sotomayor issued a statement respecting the denial of certiorari.

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Former Greece neo-Nazi party member extradited to serve prison sentence

JURIST

Former Greek Golden Dawn party and European Parliament member, Ioannis Lagos, was extradited Saturday from Brussels to Athens to serve a 13-year prison sentence. Lagos was accused of committing several hate crimes during his time as a Golden Dawn member, a Greek party known for its neo-Nazi political views. In October, a Greek court convicted Lagos and six other Golden Dawn members, sentencing them to a 13-year prison term.

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Resentencing Laws Gain Momentum in 25 States

The Crime Report

More lawmakers and prosecutors across the U.S. are listening to advocates’ calls to consider resentencing laws in an attempt to decrease mass incarceration and address the over-imprisonment of people of color. Half the states are committed to change, while others note that they’re sticking to the status quo , according to a recent analysis by Law360.

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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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Hong Kong Security Bureau freezes assets of pro-democracy media tycoon

JURIST

Hong Kong’s Security Bureau announced Friday that it had frozen assets belonging to pro-democracy media tycoon Jimmy Lai Chee-ying. This was the first time that authorities used the seizure powers granted to them under the new national security law. Lai was arrested under national security law in August when authorities raided his newspaper’s headquarters.

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“Meltdown at Yale Law: How a controversy over Amy Chua hosting students at her house has turned the campus on its head — again.”

HowAppealing

“Meltdown at Yale Law: How a controversy over Amy Chua hosting students at her house has turned the campus on its head — again.” Dahlia Lithwick and Susan Matthews have this jurisprudence essay online at Slate.

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Mobbing Red Wing: Federal Circuit Eases Declaratory Judgment Personal Jurisdiction against Patent Holding Companies

Patently O

by Dennis Crouch. The Federal Circuit’s new decision in Trimble Inc. v. PerDiemCo LLC reads like my recent Civil Procedure final exam. [1] The topic is personal jurisdiction –when may a Federal Court exercise its power over an out-of-state patentee in a declaratory judgment action challenging the patent’s validity. The holding is important–repeated and specific threats of litigation by an out-of-state patentee can be sufficient to establish personal jurisdiction for a decla

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“Elena Kagan Has Had Enough of Brett Kavanaugh’s Judicial ‘Scorekeeping’; The Supreme Court’s savviest liberal justice is done pulling punches”

HowAppealing

“Elena Kagan Has Had Enough of Brett Kavanaugh’s Judicial ‘Scorekeeping’; The Supreme Court’s savviest liberal justice is done pulling punches”: Mark Joseph Stern has this jurisprudence essay online at Slate.

Court 100
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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Rimowa to Auction off Four New NFTs, as Luxury Sets its Sights on Digital Assets

The Fashion Law

Since it was first founded in 1898, Rimowa says that “art and design have played a fundamental role in [its] identity, both informing its distinctive iconography and inspiring leading artists and fashion designers in highly creative collaborations.” With that in mind, the iconic luggage brand recently announced that it is “forging new frontiers as the first luxury travel brand to create a collection of conceptual NFTs designed for the metaverse.

Laws 103
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“The Chief Justice’s Last Bulwark of Moderation: Limiting and Reframing Questions Presented; In cases concerning guns and abortion, the Court has restricted the questions presented, perhaps, to achieve moderation.”

HowAppealing

“The Chief Justice’s Last Bulwark of Moderation: Limiting and Reframing Questions Presented; In cases concerning guns and abortion, the Court has restricted the questions presented, perhaps, to achieve moderation.” Josh Blackman has this post at “The Volokh Conspiracy.

Court 100
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Top 4 Lesser Known Tips to Help You Avoid a Franchise Law Dispute (2021 Update)

LegalReader

Starting a franchise these days can be very rewarding as one gets the opportunity to take advantage of an established brand name and existing client base.

Laws 109
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“Why Justice Breyer May Resist Calls for His Retirement; In a recent speech on ‘the peril of politics,’ Justice Stephen G. Breyer said judges must renounce loyalty to ‘the political party that helped to secure their appointment'”

HowAppealing

“Why Justice Breyer May Resist Calls for His Retirement; In a recent speech on ‘the peril of politics,’ Justice Stephen G. Breyer said judges must renounce loyalty to ‘the political party that helped to secure their appointment'”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

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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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Sickle Cell Trait in Police Custody Deaths Used to Avert Penalties: Report

The Crime Report

Nearly 50 police custody deaths since 1995 were tied to “complications of sickle cell trait,” even though the condition is benign on its own, raising concerns that law enforcement is evading responsibility, a New York Times investigation suggests. Full-blown sickle cell disease requires two mutated genes and is excruciatingly painful and sometimes life-threatening.

Laws 98
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“Ban on Non-Unanimous Verdicts Is Not Retroactive, Supreme Court Rules; The 6-to-3 decision, a sequel to a ruling last year, affects thousands of prisoners in Louisiana and Oregon”

HowAppealing

“Ban on Non-Unanimous Verdicts Is Not Retroactive, Supreme Court Rules; The 6-to-3 decision, a sequel to a ruling last year, affects thousands of prisoners in Louisiana and Oregon”: Adam Liptak of The New York Times has this report. Robert Barnes of The Washington Post reports that “ Supreme Court issues rulings on policing, climate, criminal defendants’ rights.” David G.

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R Visas for Religious Workers

Chugh LLP

Foreign national religious workers are eligible for R visas to work in the United States if they meet certain conditions. In this video presentation, Chugh, LLP Immigration Attorney Jacqueline Valle shares an overview of which individuals qualify for the R visa, what the process is like to obtain an R-1 visa, and finally, how to file a green card for a religious worker.

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“Man takes own life in Fargo federal courtroom after guilty verdict; Emergency crews responded after 2 p.m. Monday to the U.S. District Courthouse in downtown Fargo for a report of a man who cut his own throat”

HowAppealing

“Man takes own life in Fargo federal courtroom after guilty verdict; Emergency crews responded after 2 p.m. Monday to the U.S. District Courthouse in downtown Fargo for a report of a man who cut his own throat”: Matt Henson and April Baumgarten of The Forum of Fargo, North Dakota have this report (subscription required for access). And Dave Kolpack of The Associated Press reports that “ Man cuts own throat, dies after verdict in federal courtroom.

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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.