Sun.Feb 05, 2023

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North Carolina Supreme Court orders rehearings of redistricting and voter ID case

JURIST

The North Carolina Supreme Court Friday granted a petition for rehearing for two settled cases. This decision comes after the election of new justices in 2022, which gave the court a 5-2 Republican majority. The order granting the petition for rehearing relied on North Carolina Rule of Appellate Procedure 31 , which allows rehearings of decisions if a court overlooks or misapprehends a point of fact or law.

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“About Single-Judge Divisions”

HowAppealing

“About Single-Judge Divisions”: Josh Blackman has this post at “The Volokh Conspiracy.” The post “About Single-Judge Divisions” appeared first on How Appealing.

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Iran professors forced into early retirement for criticizing government

JURIST

Iranian media reported Saturday the dismissal from Tehran Azad University of nine professors, allegedly as a result of expressing views critical of the Islamic Republic. This development follows recent protests by Tehran students sparked by the death in custody of Mahsa Amini , as well as new disciplinary procedures against students refusing to wear hijab.

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“On North Carolina’s Supreme Court, G.O.P. Justices Move to Reconsider Democratic Rulings; The court’s new majority will rehear two major voting rights cases decided two months ago; The rare move heightens the debate over partisan influences on state courts”

HowAppealing

“On North Carolina’s Supreme Court, G.O.P. Justices Move to Reconsider Democratic Rulings; The court’s new majority will rehear two major voting rights cases decided two months ago; The rare move heightens the debate over partisan influences on state courts”: Michael Wines of The New York Times has this report. The post “On North Carolina’s Supreme Court, G.O.P.

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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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Environmental groups sue Northern California city of Chico over approval to build new homes without assessing risk of wildfires

JURIST

A coalition of environmental groups Friday sued the city of Chico in Northern California over its approval to build 2,777 new homes and other public facilities — without assessing the risk of wildfires in the area. The Valley’s Edge Specific Plan (VESP) will include housing, as well as parks and public facilities for the elderly. Since 2019, the city has been preparing an environmental impact report (EIR) for the project and decided that the project would result in “significant and

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UK dispatch: Bar Council announces necessary Treasury funding secured to bridge gap between prosecution and defence fees

JURIST

James Joseph is a UK staff correspondent for JURIST. The Bar Council of England and Wales announced Saturday they have secured necessary additional funding from His Majesty’s Treasury, and the Chancellor of the Exchequer, allowing them to “press ahead with increases in prosecution fees to restore parity with defence fees” BREAKING NEWS from #BarCouncil – DPP @MaxHillKC announces that he is pleased to confirm that additional funding has been secured and "we can now pre

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“Judicial Notice (02.04.23): The Chief; Ethics allegations against Chief Justice Roberts, another big win for Alex Spiro, Jones Day ditches the Donald, and other legal news from the week that was.”

HowAppealing

“Judicial Notice (02.04.23): The Chief; Ethics allegations against Chief Justice Roberts, another big win for Alex Spiro, Jones Day ditches the Donald, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site. The post “Judicial Notice (02.04.23): The Chief; Ethics allegations against Chief Justice Roberts, another big win for Alex Spiro, Jones Day ditches the Donald, and other legal news from the week that w

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Canada sanctions additional 54 Russian individuals and entities for spreading propaganda and disinformation

JURIST

The Canadian government on Friday further amended the Special Economic Measures (Russia) Regulations to list an additional 38 Russian individuals and 16 entities. The regulations explain that the Governor in Council is “of the opinion that the actions of the Russian Federation constitute a grave breach of international peace and security, which has resulted in a serious international crisis.

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This Week in Regulation for Broadcasters: January 30, 2023 to February 5, 2023

Broadcast Law Blog

Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations. The American Music Fairness Act , proposing to enact a sound recording performance royalty for over-the-air broadcasters, was introduced in in both the House and Senate this past week.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Applicability and Interpretation of Section 29A

LexForti

Case Analysis: Arcelor Mittal India Pvt. Ltd. vs Satish Kumar Gupta Facts A section 7 application filed by State Bank of India and Standard Chartered against Essar Steel India Ltd.(ESIL) for a default of Rs. 45,000 crores was admitted by NCLT and Mr. Satish Kumar Gupta was appointed as the IRP. In response to the invitation for expression of interest, ArcelorMittal(AM) India on 11 th October 2017 and an entity called Numetal Ltd. on 20 th October 2017 submitted their interest.

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HOUSING DISCRIMINATION CASE TO BE APPEALED

NewmanFerraraLLP

DEFENDANTS STILL CLAIM “LACK OF STANDING” In response to a recent victory secured by Housing Rights Initiative (HRI) -- in a landmark source-of-income discrimination suit brought against over 100 New York-based landlords, brokers, and agents -- a real-estate firm recently filed a notice of appeal, indicating its intention to challenge the New York County State Supreme Court’s refusal to dismiss it from the case.

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Good Things Came in Threes for These Drug Companies: Three Judges at the Third Circuit Found for Three Drug Makers in 340B Contract Pharmacy Case

FDA Law Blog

By Faraz Siddiqui — In the Spring of 2021, the Health Resources and Services Administration (HRSA) threatened six drug companies with billions of dollars in penalties for not providing 340B discounts to covered entities that sell drugs through vast networks of contract pharmacies (more background on earlier posts ). The drug makers argued that their statutory obligation to provide discounts did not extend to multiple contract pharmacies, who they said often abused the system.

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BOULDER CITY IS SERVING UP BIBIMBAP!

NewmanFerraraLLP

The DAM SHORT FILM FESTIVAL – a non-profit organization – was founded by two short-film enthusiasts back in 2003. Since then, it’s become a “traditional Southern Nevada cultural event that attracts thousands of visitors to Boulder City.” In addition to the presentation of some 153 films, you’ll find an array of mixers, parties, and panels being held from February 16-20. ▫️ We’re pleased to announce that our short film, BIBIMBAP FOR ONE, written by Daniel

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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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Survey: Many MIT Faculty Fear Speaking Freely While Students Support Barring Speakers with Opposing Views

JonathanTurley

There is a fascinating and chilling survey on the state of free speech at the Massachusetts Institute of Technology (MIT). The newly released Foundation for Individual Rights and Expression (FIRE) survey shows a growing fear among faculty over their ability to speak freely in classes or other forums on campus. Conversely, a majority students believe that it is acceptable to shout down or block speakers who hold opposing views.

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BUYER NOT ENTITLED TO SELLER'S TAX REFUND

NewmanFerraraLLP

Buyer Denied Excess Tax Monies When a property was sold on March 30, 2017, the deed provided that the seller was transferring "all of Seller's rights. claims. and causes of action. with respect to the premises.” Thereafter, when the seller secured a real-estate tax refund for monies paid for the period June 1, 2013 through October 1, 2016, the buyer asserted a claim to those proceeds (arguing that the entitlement to the refund had been conveyed to the buyer based on the deed’s wo

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Michigan judge refuses to dismiss second-degree murder charge against former police officer fired after fatally shooting black motorist

JURIST

Michigan Circuit Judge Christina Elmore Friday refused to drop a second-degree murder charge against Christopher Schurr, a former police officer for the Grand Rapids Police Department. Schurr was on paid leave and then fired after fatally shooting Black motorist Patrick Lyoya in the back of the head during a struggle over a taser. On April 4, 2022, Loyoya was able disarm the officer of his taser during his arrest as the taser was being aimed at him.

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