Wed.Mar 10, 2021

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Arkansas governor signs near-total abortion ban

JURIST

Arkansas Governor Asa Hutchinson signed one of the nation’s most restrictive abortion bans into law on Tuesday in the hope of having the Supreme Court overturn Roe v. Wade. The bill would outlaw abortion in the state in all cases except to save the life of a pregnant woman in a medical emergency, with no allowance for an abortion under any other circumstances, including for cases of rape or incest.

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Supreme Court of Oregon Finds Prosecutor Violated Defendant's Right to an Impartial Jury by Implying He Had Other Evidence of Guilt

EvidenceProf Blog

The rules of evidence prevent parties from presenting a variety of different types of evidence, such as hearsay, character evidence, and evidence of the victim's sexual history. But can a prosecutor tell jurors that he's bound by those rules, implying.

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EU Parliament strips three Catalan MEPs of parliamentary immunity

JURIST

The European Parliament voted Tuesday to waive the immunity of former Catalan leader Carles Puigdemont and two other Catalan separatist MEPs, Antoni Comin and Clara Ponsati, for their role in organizing a 2017 Independence referendum for the Spanish province of Catalonia. Puigdemont’s immunity was lifted by 400 votes to 248, while those of Comin and Ponsati were removed by 404 votes to 247.

Legal 196
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A victory for appellate court collegiality? Fifth Circuit grants rehearing en banc in “all due respect” case and vacates three-judge panel’s opinion.

HowAppealing

A victory for appellate court collegiality — or a chance for even more fervent disagreement? Fifth Circuit grants rehearing en banc in “all due respect” case and vacates three-judge panel’s opinion. You can access yesterday’s order of the U.S. Court of Appeals for the Fifth Circuit granting rehearing en banc at this link.

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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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Australia state announces commission to record effects of injustices against Aboriginals

JURIST

The government of the Australian state of Victoria announced Tuesday that it would become the first state in the country to establish a formal truth-telling commission to record the effects of colonization and dispossession on Aboriginal people. The Yoo-rrook Justice Commission , named after the word for “truth” in the Wemba Wemba/Wamba Wamba language of north-western Victoria, aims to investigate and establish an official record of historical and ongoing injustices against Aborigi

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Myanmar: military junta continues mass arrests and harassment as UN ‘strongly condemns’ violence against peaceful protesters

JURIST

JURIST EXCLUSIVE – Police and soldiers of the Myanmar military junta continued aggressive security operations Wednesday, arresting hundreds of peaceful protesters and harassing a Yangon neighborhood just hours before the UN Security Council adopted a unanimous statement condemning the use of violence against peaceful protesters. In two different deployments Wednesday, security forces moved into two different districts of Myanmar’s largest city, suppressing and trapping student protes

Legal 152
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“160 years later, Confederate constitution an ignoble relic”

HowAppealing

“160 years later, Confederate constitution an ignoble relic”: Jay Reeves of The Associated Press has a report that begins, “With the nation locked in debates over Confederate symbols, the very document that laid out the legal framework of a government built to preserve slavery will spend its 160th anniversary where it spends nearly every other day: tucked away in a university archive.

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China has breached International Genocide Convention: report

JURIST

China’s human rights abuses against the Uyghur ethnic minority group have breached the 1948 Genocide Convention , according to a Tuesday report from the Newlines Institute for Strategy and Policy. International law experts say that the Chinese government has breached Article II of the Convention, which provides that genocide requires “intent to destroy, in whole or in part, a national, ethnic, racial, or religious group.” Article II states that intent can be shown by killing me

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“Full Superior Court Favors Plaintiff’s Venue Choice for Lawn Mower Lawsuit; ‘The percentage of a company’s overall business that it conducts in a given county, standing alone, is not meaningful and is not determinative,’ Judge Maria McLaughlin said”

HowAppealing

“Full Superior Court Favors Plaintiff’s Venue Choice for Lawn Mower Lawsuit; ‘The percentage of a company’s overall business that it conducts in a given county, standing alone, is not meaningful and is not determinative,’ Judge Maria McLaughlin said”: Katheryn Tucker has this report in which I am quoted for The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers.

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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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Neapco Vents to Federal Circuit in IPR Loss

Patently O

Neapco Drivelines v. American Axle & Manufacturing ( Fed. Cir. 2021 ). This is a sister case to the one pending before the U.S. Supreme Court regarding eligibility of the claims of American Axle’s U.S. Patent No. 7,774,911. That case is at the petitions stage and is awaiting responsive briefing from Neapco. . In this case, American Axle challenged Neapco’s vented slip-joint coupling Patent No. 5,772,520 via Inter Partes Review.

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“Dark Money Judicial Influence Examined in Senate; Senators seemed in agreement during a hearing Wednesday to root out anonymous political donations to nominees of the judicial branch”

HowAppealing

“Dark Money Judicial Influence Examined in Senate; Senators seemed in agreement during a hearing Wednesday to root out anonymous political donations to nominees of the judicial branch”: Jack Rodgers of Courthouse News Service has this report on a hearing (link includes archived video) that the Senate Judiciary Committee ‘s Subcommittee on Federal Courts, Oversight, Agency Action, and Federal Rights conducted today.

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A Plaintiff’s Introduction to Product Liability Claims

LegalReader

Whenever a product is out for sale, it is the responsibility of the manufacturer and the brand to disclose all the hazards, warnings, risks, and disclaimers related to the product.

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“2nd Circuit Flags ‘True Threats’ in NYC Abortion Clinic Protests; Saying the lower court must address tactics that obstruct access to a health clinic, the Second Circuit sided with New York and reversed what had been a win for Christian activists”

HowAppealing

“2nd Circuit Flags ‘True Threats’ in NYC Abortion Clinic Protests; Saying the lower court must address tactics that obstruct access to a health clinic, the Second Circuit sided with New York and reversed what had been a win for Christian activists”: Nina Pullano of Courthouse News Service has this report on a 172-page ruling that a partially divided three-judge panel of the U.S.

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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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COVID-19 and the Timeline of Its Impact on California Courts

LegalReader

California has 58 different trial courts and six appellate districts. All of them have different resources and capacities, making statewide COVID-19 operational orders impossible to implement and follow.

Court 105
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“Former prosecutors, judges join push for new trial in Alabama death row case”

HowAppealing

“Former prosecutors, judges join push for new trial in Alabama death row case”: Mark Berman of The Washington Post has this report. And in today’s edition of that newspaper, Bill Baxley has an op-ed titled “ As a former Alabama attorney general, I do not say this lightly: An innocent man is on our death row.

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7 Juicy Marketing Tips ala ABA TECHSHOW

LawTechnologyToday

Gyi and Conrad kick off the episode with the latest news, homing in on Bob Ambrogi’s coverage of Clio’s Legal Trends for Solo Law Firms , with data showing how small firms using tech fared better during the pandemic. And they rant about the 8-steps-to-great-abs trend hitting legal marketing. Dubbed as fear-of-missing-out (FOMO) marketing, Conrad and Gyi explain how not to fall for get-rich-quick schemes and impulse moves.

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“New Essay on Sanctioning Qualified-Immunity Appeals; Fact-based qualified-immunity appeals are an immense problem in the courts of appeals; It’s time to start using sanctions to deter them”

HowAppealing

“New Essay on Sanctioning Qualified-Immunity Appeals; Fact-based qualified-immunity appeals are an immense problem in the courts of appeals; It’s time to start using sanctions to deter them”: Bryan Lammon has this post at his “final decisions” blog about his new essay titled “ Sanctioning Qualified-Immunity Appeals ” now available at SSRN.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Colombia ombudsman: more than 11,000 people displaced by fighting so far this year

JURIST

Colombia’s Ombudsman Office reported Monday that more than 11,000 individuals have been displaced by fighting between Colombian armed groups so far in 2021. The fighting has been due to crime gangs, such as National Liberation Army (ELN) guerrillas and former members of the FARC rebels, fighting each other and armed forces for control of Uraba corridor, a route for drug trafficking and gold mining.

Legal 80
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“Arkansas’ New Abortion Ban Is a Direct Message to Amy Coney Barrett”

HowAppealing

“Arkansas’ New Abortion Ban Is a Direct Message to Amy Coney Barrett”: Online at Slate, Mark Joseph Stern has this jurisprudence essay consisting of his conversation with law professor Mary Ziegler.

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Law firms have opportunity to join growing cannabis movement

ABA Journal

While many practices have suffered during the COVID-19 pandemic, cannabis law is among the few that have actually prospered, Amanda Ostrowitz said during a Wednesday…

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“Guns Are a Threat to the Body Politic: America must regulate guns not only to protect life, but to protect its citizens’ equal freedoms to speak, assemble, worship, and vote without fear.”

HowAppealing

“Guns Are a Threat to the Body Politic: America must regulate guns not only to protect life, but to protect its citizens’ equal freedoms to speak, assemble, worship, and vote without fear.” Law professors Joseph Blocher and Reva Siegel have 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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Lawyers can better utilize practice management features that boost efficiency

ABA Journal

Lawyers are overlooking some key features in their practice management software platforms that could help them greatly improve their efficiency, two speakers said during separate…

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“Bring on the Biden Judges Already; When it comes to confirming federal judges, it’s going to get late early for the Biden administration”

HowAppealing

“Bring on the Biden Judges Already; When it comes to confirming federal judges, it’s going to get late early for the Biden administration”: Andrew Cohen has this essay online at the Brennan Center for Justice.

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What is the Visa Bulletin?

LegalReader

The process of getting a Visa is a long one, and it is longer still if you want a permanent residence card or green card.”.

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“Eighth Circuit Tosses Challenge to Missouri Opt-Out Rules for Vaccines; While the federal appeals court dismissed the case, a challenge on the state level continues and proposed legislation could remove immunization requirements for students in private schools”

HowAppealing

“Eighth Circuit Tosses Challenge to Missouri Opt-Out Rules for Vaccines; While the federal appeals court dismissed the case, a challenge on the state level continues and proposed legislation could remove immunization requirements for students in private schools”: Joe Harris of Courthouse News Service has this report on a ruling that the U.S.

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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.