Tue.Apr 20, 2021

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HB2617 is a Trojan Horse – Will Take Away Decades of Protection for Arizona Homeowners

Diane Drain

Arizona Bill wants Judgment Creditor to get paid before homeowners when house is refinanced (something Arizona law has not allowed since mid 1950s). Concerns about Arizona HB 2617, especially with the amendments: will allow old and new judgments to attached to homesteads. What the bill and amendments do: There are three parts to the bill & amendments.

Statute 232
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Rwanda government report assigns responsibility to France for enabling 1994 Rwandan Genocide

JURIST

The French government bears significant responsibility for enabling the 1994 Rwandan Genocide, according to a Monday report from the Rwandan government. The report was commissioned by the Rwandan government in 2017 and compiled by Robert Muse of the Washington, DC, law firm of Levy Firestone Muse. While the report acknowledges French humanitarian intervention after the genocide began, it argues the French government “helped build and fortify” Rwandan institutions for years in a bid f

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Supreme Court of Georgia Opinion Notes Broader Character Evidence Rule in Georgia

EvidenceProf Blog

Federal Rule of Evidence 405(b) states that When a person’s character or character trait is an essential element of a charge, claim, or defense, the character or trait may also be proved by relevant specific instances of the person’s conduct.

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The Importance of Secure Communication and Collaboration in 2021

MyCase

Lawyers have an ethical obligation to preserve client confidentiality. For that reason, the need to protect client confidences has always been a top priority for lawyers. This means that when lawyers and their staff work remotely – a practice that has become commonplace due to the pandemic – it’s all the more imperative for lawyers to ensure that confidential client data is protected when communicating electronically.

Law Firm 141
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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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“Amy Coney Barrett Should Just Judge Without Bias Before Writing a Book on Judging Without Bias; It’s remarkably early in her term to receive this big of a book deal”

HowAppealing

“Amy Coney Barrett Should Just Judge Without Bias Before Writing a Book on Judging Without Bias; It’s remarkably early in her term to receive this big of a book deal”: Dahlia Lithwick has this jurisprudence essay online at Slate.

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“J’Accuse! Allegations Make News Even When They’re Unproven; Courts have long protected journalists’ freedom to report on lawsuits, regardless of what’s in those lawsuits.”

HowAppealing

“J’Accuse! Allegations Make News Even When They’re Unproven; Courts have long protected journalists’ freedom to report on lawsuits, regardless of what’s in those lawsuits.” Law professor Stephen L. Carter has this essay online at Bloomberg Opinion.

Court 100
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Court to decide whether an inventor may challenge the validity of the patent on the inventor’s own invention

SCOTUSBlog

Share This Wednesday, the Supreme Court will hear oral argument in Minerva Surgical Inc. v. Hologic Inc. about whether to abolish the doctrine of patent assignor estoppel. This doctrine, which has fallen under criticism, prohibits an inventor from challenging the validity of the patent on the inventor’s own invention. Background. Why would the inventor challenge the validity of the patent on his own invention?

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“Talc plaintiffs urge Supreme Court to let $2.1 bln verdict against J&J stand”

HowAppealing

“Talc plaintiffs urge Supreme Court to let $2.1 bln verdict against J&J stand”: Brendan Pierson of Reuters has this report (subscription required for full access) on plaintiffs’ Brief in Opposition filed yesterday in the U.S. Supreme Court.

Court 100
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Common Criminal Justice System Myths Portrayed in TV Shows

LegalReader

As entertaining as these shows are, though, they tend to spread a lot of misinformation about the nature of crime scene investigations and how the criminal justice system in the country works.

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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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“Why the Supreme Court may need court-packing to keep its integrity: The court expansion debate may test the legitimacy of the Supreme Court itself.”

HowAppealing

“Why the Supreme Court may need court-packing to keep its integrity: The court expansion debate may test the legitimacy of the Supreme Court itself.” MSNBC Opinion columnist Chris Geidner has this essay.

Court 100
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Music Mondays – Broadway Hit by Insurance Companies Denying Coverage for COVID Shutdown

The Hollywood Lawyer

Broadway was hit surprisingly by the pandemic. Insurance companies decided not to pay out if the reasons were tied to the pandemic. One prominent example was the producers behind Tine and Harry Potter; both paid their premiums to cover this risk of cancellation of performances. The producers submitted their insurance claim when shut orders came last March. […].

Lawyer 97
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“‘Retroactive’ Liability after Barr v. AAPC: Judge Stephanos Bibas ‘does not see how’ he can follow the plurality opinion.”

HowAppealing

“‘Retroactive’ Liability after Barr v. AAPC: Judge Stephanos Bibas ‘does not see how’ he can follow the plurality opinion.” Will Baude has this post at “The Volokh Conspiracy” about a notable federal district court decision issued yesterday.

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Justices mull textualism and Alaskan exceptionalism in classifying Alaska Native corporations

SCOTUSBlog

Share With over $500 million of COVID-19 relief funding at stake, the Supreme Court began its week by grappling with whether the CARES Act’s definition of “Indian tribe” — a definition included in over 150 other federal laws — encompasses Alaska Native corporations. During nearly two hours of oral argument in Yellen v. Confederated Tribes of the Chehalis Reservation , the justices expressed doubts about the textual arguments advanced by both sides even as they seemed wary of the consequences of

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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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“Justice Amy Coney Barrett sells Indiana home, listed for $899G; The justice’s husband Jesse Barrett said the South Bend home is ‘kind of a part of us'”

HowAppealing

“Justice Amy Coney Barrett sells Indiana home, listed for $899G; The justice’s husband Jesse Barrett said the South Bend home is ‘kind of a part of us'”: Janine Puhak of Fox News has this report.

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Justices to consider awards of costs of appellate litigation

SCOTUSBlog

Share Wednesday’s argument in City of San Antonio v. Hotels.com brings the justices a basic nuts-and-bolts question of civil procedure: how courts should decide the “costs” that the prevailing party on appeal can recover from the losing party. Generally speaking, under the “American” rule that prevails in the United States, the prevailing party in litigation must pay its own attorney’s fees.

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“Sixth Circuit Grants Habeas Petition for Lower Court’s Objectively Unreasonable Application of the Confrontation Clause; A liberal result (granting a criminal defendant’s habeas petition) from a quite conservative judge (John Bush)”

HowAppealing

“Sixth Circuit Grants Habeas Petition for Lower Court’s Objectively Unreasonable Application of the Confrontation Clause; A liberal result (granting a criminal defendant’s habeas petition) from a quite conservative judge (John Bush)”: Jonathan H. Adler has this post at “The Volokh Conspiracy” about a ruling that the U.S.

Court 100
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Colorful judicial writing style undermines legitimacy of opinions, law prof argues

ABA Journal

Judges who write colorful opinions that are lively and engaging are undermining the integrity of the judicial role and the legitimacy of opinions, a law…

Laws 87
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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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“Jury finds Madras man guilty of unlawful use of a gun in 2017 road rage encounter on U.S. 26”

HowAppealing

“Jury finds Madras man guilty of unlawful use of a gun in 2017 road rage encounter on U.S. 26”: Maxine Bernstein of The Oregonian had this article back in March 2019. Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued this decision overturning the conviction, holding that federal prosecutors had improperly “assimilated into federal criminal law Oregon’s unlawful use of a weapon statute” to apply to a a road rage incide

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How to Deal with a Bad Contractor: Ultimate Guide for Real Estate Investors

LegalReader

We live in the era of online reviews and most contractors will have their profile on one or more of these sites. You can make your voice heard and make sure you warn others about the unreliability of the contractor.

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“State Supreme Court Diversity — April 2021 Update; Across the country, state supreme courts fail to reflect the diversity of the communities they serve and the diversity of the legal profession”

HowAppealing

“State Supreme Court Diversity — April 2021 Update; Across the country, state supreme courts fail to reflect the diversity of the communities they serve and the diversity of the legal profession”: Janna Adelstein and Alicia Bannon of the Brennan Center for Justice have this report.

Legal 100
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Is Your Law Firm’s Website Secure? 9 Tips for Optimal Security

LegalReader

Regularly backing up data ensures that, at the very least, you do not have anything to lose.

Laws 109
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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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“An ‘insane’ covid lockdown two miles from the Capitol, with no end in sight; For a year, 1,500 people held at D.C. jail have been confined to cells 23 hours a day in what experts call a grave human rights abuse”

HowAppealing

“An ‘insane’ covid lockdown two miles from the Capitol, with no end in sight; For a year, 1,500 people held at D.C. jail have been confined to cells 23 hours a day in what experts call a grave human rights abuse”: Peter Jamison of The Washington Post has this report.

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Data shows decrease in long-term, full-time jobs for 2020 law school grads

ABA Journal

For 2020 graduates of ABA-accredited law schools, 77.4% had long-term, full-time jobs that required or preferred bar passage, compared to 80.

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“Former Judge Michael Luttig Talks First Amendment, Impeachment and Coca-Cola; Michael Luttig chats with us about redesigning a first amendment icon”

HowAppealing

“Former Judge Michael Luttig Talks First Amendment, Impeachment and Coca-Cola; Michael Luttig chats with us about redesigning a first amendment icon”: Tony Mauro of The National Law Journal has this report.

Laws 100
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How to Create a Candidate Persona | iHire

iHire

Simplify your hiring process and attract the right hires by identifying your ideal candidate persona. Here’s how.

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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.