JURIST

MARCH 31, 2021

New York governor Andrew Cuomo signed a bill into law Wednesday legalizing the adult use of marijuana, making it the fifteenth state to fully legalize the drug. The bill passed Tuesday by wide margins in both the state senate, by a 40 to 23 vote, and the state assembly, with 100 votes in favor to just 49 against in a late-night session. Cuomo, the subject of an impeachment investigation over sexual harassment claims, said that this legislation was one of his top priorities this year, and called

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EvidenceProf Blog

MARCH 31, 2021

Federal Rule of Evidence 704(b) states that In a criminal case, an expert witness must not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime.

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JURIST

MARCH 31, 2021

The US Court of Appeals for the Sixth Circuit on Monday denied the federal government’s motion to stay a district court decision striking down the Centers for Disease Control and Prevention (CDC) eviction moratorium. In response to COVID-19, the CDC ordered a nationwide moratorium on residential evictions last fall. This moratorium covered tenants if they provided their landlord with a statement attesting that they incurred a substantial loss of income, applied for all available rent relie

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LDA PRO

MARCH 31, 2021

If you plan to file for divorce in Citrus Heights, it is not as simple as you think. You will be surprised to see the countless people waiting to file their divorce cases in Sacramento County. You may have to wait for hours, days, even weeks to get assistance from the court. And finally, when you arrive at the courthouse, your documents may get rejected if they are not filled incorrectly.

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JURIST

MARCH 31, 2021

The US Court of Appeals for the Eighth Circuit ruled Monday that Missouri is not barred from enforcing a state law that criminalizes misleading advertisements of vegan food products as containing meat. Missouri enacted a statute in 2018 that makes “misrepresenting a product as meat that is not derived from harvested production livestock or poultry” a class A misdemeanor, which can include up to one year imprisonment and a $1,000 fine.

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JURIST

MARCH 31, 2021

The US Supreme Court granted certiorari Monday in a case challenging the Kentucky attorney general’s ability to defend the state’s restrictive abortion law in court. The law was originally defended at the trial and appellate courts by Kentucky’s health secretary. However, the health secretary stopped defending the law in court after the law was struck down by the US Court of Appeals Sixth Circuit in 2020.

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HowAppealing

MARCH 31, 2021

“Supreme Court Seems Ready to Back Payments to Student-Athletes; But the justices voiced concern that challenges to N.C.A.A. limits on pay beyond the modest education-related sums at issue in the case could threaten the distinction between amateur and pro sports”: Adam Liptak of The New York Times has this report. Robert Barnes of The Washington Post reports that “ Supreme Court skeptical of NCAA’s case for withholding benefits from student athletes.” David G.

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JURIST

MARCH 31, 2021

A Paris court on Monday found pharmaceutical giant Servier guilty of “aggravated fraud” and “involuntary manslaughter” over its diabetes and weight loss pill, Mediator. The drug is blamed for hundreds of deaths, in what is the biggest medical scandal in France’s history. The court fined Servier €2.7 million and ordered the company to pay hundreds of millions more in damages that will be shared out by plaintiffs.

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HowAppealing

MARCH 31, 2021

“Oklahoma AG insists state properly tried Bosse for killing mother, two children”: Chris Casteel of The Oklahoman has this report. And Ken Miller of The Associated Press reports that “ Oklahoma asks court to rethink overturning murder conviction.

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JURIST

MARCH 31, 2021

Civil rights groups in Georgia filed another lawsuit against state officials on Monday over SB 202 , a voting rights bill that imposes several barriers to accessing the polls. This legislation retaliates against widespread voter registration efforts in communities of color during the 2020 presidential election results, which resulted in record turnout but provoked baseless claims of voter fraud.

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Laws Legal Legal 118

HowAppealing

MARCH 31, 2021

“Statement From Chief Judge Janet DiFiore on the Passing of Associate Judge Paul G. Feinman”: New York State’s Chief Judge issued this statement today. And Ryan Tarinelli of the New York Law Journal reports that “ Trailblazing Judge Paul Feinman Dead After Recent Retirement From Court of Appeals; Paul Feinman redefined what was possible for LGBTQ lawyers and judges in New York, said Matthew Skinner, executive director of The Richard C.

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Lawyer Lawyers Court Laws 100

JURIST

MARCH 31, 2021

The US Supreme Court heard oral arguments Tuesday in the class action certification case of TransUnion LLC v. Ramirez. The class accuses TransUnion of violating the Fair Credit Reporting Act (FCRA) by producing incorrect credit reports. Sergio Ramirez and other class members matched persons listed on the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons List , which designates individuals and entities who may not deal with US persons.

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HowAppealing

MARCH 31, 2021

“Ruth Bader Ginsburg’s Former Clerk On The ‘Notorious’ Late Justice And Her Enduring Legacy; RBG and Amanda Tyler completed Justice, Justice Thou Shalt Pursue just weeks before the Supreme Court Justice’s passing”: Annie Werner has this article online at Elle.

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Patently O

MARCH 31, 2021

by Dennis Crouch. For the most part, Certificates of Correction are boring, simple, and quite common. 35 U.S.C. § 254 & 255 provide for correction of minor mistakes by the PTO and applicant respectively. PTO mistakes are fixed when a mistake is “clearly disclosed by the records of the Office.” For applicant-mistakes, the correction is allowed for “clerical or typographical nature, or of minor character” made in good faith.

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Court Decisions Court 122

HowAppealing

MARCH 31, 2021

“Against a Flight 93 Jurisprudence; The decay of the American republic ought to prompt a renewed zeal for the recovery of constitutional limits, not a grasp for the levers of judicial power”: John G. Grove has this post at the “Law & Liberty” blog.

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Laws 100

SCOTUSBlog

MARCH 31, 2021

With just a few days until college basketball begins its “Final Four” to crown the men’s and women’s champion, the attention at the Supreme Court on Wednesday turned to college sports. The spotlight was often harsh, with several justices openly criticizing the state of elite. The post Justices employ full-court press in dispute over college athlete compensation appeared first on SCOTUSblog.

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Sports Court 116

HowAppealing

MARCH 31, 2021

“Minnesota Court Ruling Fuels Calls to Change Sexual Assault Law; The state Supreme Court tossed out a man’s conviction on a third-degree sexual conduct charge because the woman he was accused of assaulting was ‘voluntarily intoxicated’ at the time”: Christina Morales of The New York Times has this report.

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SCOTUSBlog

MARCH 31, 2021

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. The Supreme Court acted on three relisted petitions Monday. First, it granted review in Cameron v. EMW Women’s Surgical Center, The post An important right-to-carry case, and another close look at a Sixth Circuit decision granting habeas relief appeared first on SCOTUSblog.

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HowAppealing

MARCH 31, 2021

“Wisconsin Supreme Court overturns statewide mask mandate, blocks Evers from declaring multiple emergency orders”: Molly Beck of The Milwaukee Journal Sentinel has this report. Riley Vetterkind of The Wisconsin State Journal reports that “ Wisconsin Supreme Court rules Tony Evers’ emergency orders, face mask requirement unlawful.” Todd Richmond of The Associated Press reports that “ Wisconsin Supreme Court strikes down governor’s mask mandate.” And

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LegalReader

MARCH 31, 2021

A group of LGBTQ activists have filed a lawsuit against the U.S. Department of Education, claiming the agency disburses federal funds to colleges with discriminatory policies. According to The Greenville News, the lawsuit states that Title IX policy strictly prohibits educational institutions from discriminating against anyone on the basis of gender or sexual orientation.

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HowAppealing

MARCH 31, 2021

“Religious Exceptions and the Deformation of the First Amendment”: Michael C. Dorf has this post at his blog, “Dorf on Law.” Therein, he writes, “For this topic, I’ll take as my point of departure last week’s Sixth Circuit ruling in Meriwether v. Hartop , which permits a First Amendment lawsuit by a professor at a state university who refused to call a trans student by her preferred pronouns.

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A People's Choice

MARCH 31, 2021

Getting divorced is an emotional experience for any couple. A custody battle makes the situation even harder for both parents and children. In such cases, the court's objective is not to rule in favor of one of the parents; it’s to prioritize the child’s needs and try to create a smooth transition for them. The [.]. To read the complete article, please click on the link How to Get a Divorce with Kids in California This post appeared first on A People's Choice - Legal Documents - Without the

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HowAppealing

MARCH 31, 2021

“In a first, a woman will be VMI’s highest-ranking cadet”: Claire Mitzel has this front page article in today’s edition of The Roanoke Times.

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JURIST

MARCH 31, 2021

A New York judge on Monday ordered the state to offer vaccines to prisoners. The order instructs New York to amend COVID-19 vaccine priority category 1b to include incarcerated individuals as a whole group. Previously only incarcerated individuals who were over 65 years old or had certain medical conditions could receive the vaccine. As determined by the government of New York, individuals living in congregate settings, such as homeless shelters and juvenile detention centers, are eligible to re

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HowAppealing

MARCH 31, 2021

“Conservatives fret over Supreme Court’s delay in accepting Mississippi abortion case”: David G. Savage of The Los Angeles Times has this report.

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Speaker: Adina Marta Newman

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