Tue.Jan 25, 2022

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Brennan Center reviews criminal justice reform under Biden administration

JURIST

The Brennan Center for Justice published a report Monday examining the Biden administration’s progress on criminal justice reform. The Brennan Center, a progressive and reform-minded organization, was lukewarm in their assessment. The piece divides Bidens’s policies throughout his first year as president into three categories: “little or no progress,” “limited policy changes” and “notable progress.” The piece primarily compares statements made duri

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Federal Rule of Evidence 702 Proposed Amendments: Bringing Expert Analysis Under Consistent Judicial Scrutiny

EvidenceProf Blog

Tomorrow at 1:00pm, I will be presenting as part of the CLE Panel: Federal Rule of Evidence 702 Proposed Amendments: Bringing Expert Analysis Under Consistent Judicial Scrutiny. Here at the details.

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Pakistan swears in its first woman Supreme Court Justice

JURIST

The Supreme Court of Pakistan swore in Ayesha Malik Monday as its first woman Justice. Chief Justice Gulzar Ahmed administered the oath to Justice Malik at a ceremony held within the premises of the Supreme Court with several judges, lawyers and Law and Justice Commission officials in attendance. According to the Human Rights Commission of Pakistan , women make up only about 17 percent of all judges in the nation and less than five percent of judges in the high courts.

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Does Prior Publication Extinguish a Trade Secret?

Patently O

by Dennis Crouch. Masimo Corp. v. True Wearables, Inc. ( Fed. Cir. 2022 ) (nonprecedential). This trade-secrecy decision includes a few interesting holdings: Published and Widely Distributed, but Still a Trade Secret : The fact that information was found in a prior publication “that has been cited over 1,200 times. does not necessarily compel a finding that the information cannot maintain its status as a trade secret for a party in an entirely different field.” Serious Questions : A

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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 to hear race-based college admissions cases

JURIST

The US Supreme Court agreed Monday to reconsider whether race can be used in college admissions decisions. The court granted certiorari in Students for Fair Admissions v. President & Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina , consolidating the cases for one hour of oral argument. The cases will give the court the opportunity to consider its 2003 decision in Grutter v.

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More Trending

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Poland begins construction of wall on Poland-Belarus border

JURIST

The Polish Border Guards announced Tuesday that construction has begun on a border wall between Poland and Belarus designed to reduce unauthorized migration from Belarus. The wall is expected to be 186km in length and will cost 1.6 billion Polish zloty, or nearly 400 million USD. A barrier between the two countries was authorized by the Polish parliament in 2021 in response to waves of migrants traveling into Poland from Belarus.

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“Two Supreme Court Cases to Watch: The Justices take up the excesses of the administrative state.”

HowAppealing

“Two Supreme Court Cases to Watch: The Justices take up the excesses of the administrative state.” This editorial will appear in Wednesday’s edition of The Wall Street Journal.

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Federal judges block Alabama congressional district map

JURIST

A panel of three federal judges Monday blocked Alabama’s new congressional district map, finding that it unlawfully disadvantages Black voters. In a 225-page decision, US Circuit Judge Stanley Marcus and US District Judges Anna Manasco and Terry Moorer issued a preliminary injunction preventing the new map from taking effect. They found that the map violated Section 2 of the Voting Rights Act because “Black voters ‘have less opportunity’ than other Alabamians ‘to el

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“A Chance to Remove Race From College Admissions; After equivocating for decades, will the Supreme Court finally declare that discrimination is illegal?”

HowAppealing

“A Chance to Remove Race From College Admissions; After equivocating for decades, will the Supreme Court finally declare that discrimination is illegal?” Columnist Jason L. Riley will have this op-ed in Wednesday’s edition of The Wall Street Journal.

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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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UN Secretary-General condemns Saudi-led coalition airstrikes in Yemen

JURIST

The UN Secretary-General António Guterres condemned Friday airstrikes launched by a Saudi-led coalition against a detention centre in Saada city, Yemen which left sixty dead and more than a hundred injured. The Secretary-General also reported an airstrike against a telecommunications facility in Hudayah resulting in deaths and injuries among civilians and children.

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“Faith Can’t Abrogate a Contract; A California state court goes too far in a ruling against Scientology’s arbitration agreement”

HowAppealing

“Faith Can’t Abrogate a Contract; A California state court goes too far in a ruling against Scientology’s arbitration agreement”: Law professor Michael J. Broyde will have this op-ed in Wednesday’s edition of The Wall Street Journal. And at “The Volokh Conspiracy,” Eugene Volokh has a post titled “ Scientology Arbitration and the First Amendment: Some Questions About Bixler v.

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UK high court endorses Julian Assange’s appeal challenging US extradition

JURIST

The London High Court of Justice ruled in favor of WikiLeaks founder Julian Assange Monday, clearing the way for his appeal to the UK Supreme Court. Assange’s appeal challenges a previous decision from the high court which overturned a decision blocking his extradition to the US on espionage charges. Since July 2020, Assange has been locked in a court battle with US prosecutors in UK courts.

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“Michael Avenatti Will Represent Himself During Remainder of His Trial; Mr. Avenatti is accused of impersonating and defrauding Stormy Daniels when he served as her lawyer; The decision means he is likely to cross-examine her during his trial”

HowAppealing

“Michael Avenatti Will Represent Himself During Remainder of His Trial; Mr. Avenatti is accused of impersonating and defrauding Stormy Daniels when he served as her lawyer; The decision means he is likely to cross-examine her during his trial”: Colin Moynihan of The New York Times has this report.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Federal trial begins against 3 former officers in George Floyd civil rights case

JURIST

The federal trial against three former Minneapolis police officers charged with violating George Floyd’s civil rights in May 2020 commenced Monday, according to AP. The prosecutor alleged the three officers, Tou Thao, J. Alexander Kueng and Thomas Lane, violated Floyd’s civil rights by failing to intervene as former officer Derek Chauvin pinned Floyd to the ground.

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“Affirmative Action Proponents Concerned About the Cert Grants in the Harvard & UNC Cases Should Not be Reassured by California’s Experience”

HowAppealing

“Affirmative Action Proponents Concerned About the Cert Grants in the Harvard & UNC Cases Should Not be Reassured by California’s Experience”: Michael C. Dorf has this post at his blog, “Dorf on Law.

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SCOTUS confirms fiduciary duties of retirement plan administrators, revives Northwestern case

JURIST

The US Supreme Court decided Monday in an 8-0 judgment, with Justice Barret absent, that the Court of Appeals for the Seventh Circuit Court erred in its Hughes v. Northwestern University decision. The Supreme court ordered the appellate court’s judgment be vacated and remanded the case for further proceedings. The case concerns the Employee Retirement Income Security Act of 1974 ( ERISA ), the statute governing employee retirement plans.

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“Judge from Deschutes County named to Oregon Supreme Court; Roger DeHoog will vacate seat on state Court of Appeals”

HowAppealing

“Judge from Deschutes County named to Oregon Supreme Court; Roger DeHoog will vacate seat on state Court of Appeals”: Garrett Andrews of The Bulletin of Bend, Oregon recently had this report.

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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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Marketing Tips: When You Don’t Know What to Write

Attorney at Work

At a recent webinar in connection with my book “ Women Rainmakers’ Best Marketing Tips ,” an audience member said she wanted to write as part of her marketing plan, but couldn’t think of anything to write. What should she do? Fodder for your blog, email alerts, social media posts, and professional articles is everywhere. You only need to recognize it.

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“Hayley Paige, JLM Argue Over Instagram Account at 2nd Cir.”

HowAppealing

“Hayley Paige, JLM Argue Over Instagram Account at 2nd Cir.” Kyle Jahner of Bloomberg Law had this report (subscription required for full access) back in October 2021. Today, the U.S. Court of Appeals for the Second Circuit issued this decision on the matter, accompanied by two concurring and dissenting opinions.

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Can Early Intervention Prevent At-Risk Officers from Committing Misconduct?

The Crime Report

Photo by G20Voices. Later this year, Minneapolis plans to launch a new system to identify police officers at risk of troubling behaviors. In embracing the strategy, city leaders were no doubt inspired by the murder of George Floyd by Derek Chauvin, an officer with a troubling history of shootings and public complaints. Such “early intervention systems” use officer performance metrics to predict the likelihood of shootings, excessive use of force and other adverse events.

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“Conviction of Mexican drug lord ‘El Chapo’ upheld by U.S. appeals court”

HowAppealing

“Conviction of Mexican drug lord ‘El Chapo’ upheld by U.S. appeals court”: Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.

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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.

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Local Government Associations File Brief to the Supreme Court in Support of EPA’s Clean Air Act Authority

ClimateChange-ClimateLaw

By Jacob Elkin. Today, the Sabin Center filed an amicus brief on behalf of the National League of Cities and the U.S. Conference of Mayors in West Virginia v. EPA , a case that is currently before the United States Supreme Court. The case concerns the scope of the United States Environmental Protection Agency’s (EPA) authority to regulate greenhouse gas emissions from existing fossil fuel power plants under Section 111(d) of the Clean Air Act (CAA).

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“In this case, we are required to determine whether applying Pennsylvania usury laws to an out-of-state lender violates the dormant Commerce Clause. We conclude that it does not.”

HowAppealing

“In this case, we are required to determine whether applying Pennsylvania usury laws to an out-of-state lender violates the dormant Commerce Clause. We conclude that it does not.” So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued yesterday.

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Questions Linger After High Court Revives Northwestern Suit

Law 360

Plaintiff-side ERISA attorneys notched a win Monday with the U.S. Supreme Court's decision to revive a proposed class action challenging Northwestern University's handling of its retirement plan, but the unanimous ruling leaves open questions that have attorneys on both sides of the bar wanting more.

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Divided Eighth Circuit panel upholds limited injunction barring enforcement in certain instances of Iowa law prohibiting mask requirements in schools

HowAppealing

Divided Eighth Circuit panel upholds limited injunction barring enforcement in certain instances of Iowa law prohibiting mask requirements in schools: You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.

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Visibility Into the Strategy & Supporting Documents of Major US Law Firms

Law Firm Intelligence by Trellis aggregates state trial court data across the Trellis platform enabling users to: look up a particular metric related to a specific law firm (such as, how many cases a law firm had or has against another law firm), and see the actual dockets and documents supporting the metric. Trellis data is maximized in a revolutionary and unique way to provide users an exclusive look into a law firm litigating in state trial courts.