March, 2021

Supreme Court of Minnesota Finds Sex With a Victim Who Has Blacked Out From Drinking is Not Criminal Sexual Conduct

EvidenceProf Blog

609.341, subd. 7 states that "Mentally incapacitated" means that a person under the influence of alcohol, a narcotic, anesthetic, or any other substance, administered to that person without the person's agreement, lacks the judgment to give a

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ACLU requests documents on artificial intelligence from national security agencies



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New York’s Comprehensive Cannabis Legislation Released


The revised version of New York’s comprehensive cannabis legislation that legalizes recreational cannabis and expands New York medical cannabis program has (finally) been released.

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Ediscovery Tool for Paralegals


MEET & CONFER CHECKLIST FOR LITIGATION PARALEGALS. As a litigation paralegal, part of your case management duties may include getting the attorney ready for the Rule 26 Conference (the “Meet and Confer”).

A CHRO’s Perspective on Substance Use in the Workplace: Supportive Strategies to Help Your Workforce Thrive

Speaker: Smita Das, MD, PhD, MPH, Medical Director, Psychiatry and Naj Wright, MBA, C-Suite HR Executive

Through advances in technology and access to care, managers can be empowered to serve as the front line of defense to help identify employee AUD and SUD concerns before they escalate. Understanding AUD and SUD, and providing tools for your workforce to overcome the challenges that they pose, is key to fostering strong mental health at work. Join us for this important how-to discussion.

A List Web Conferencing Transcription Systems


Microsoft announced an AI-powered live transcription service (AI we can use BTW) in Microsoft Teams, answering Zoom’s new feature. That got me thinking that they are not alone, as we share below. -- Read more ». AI Announcements Transcription Web conferencing


More Trending

Supreme Court of Oregon Holds a 10-2 or 11-1 "Not Guilty" Vote is a "Not Guilty" Verdict and Not a Hung Jury

EvidenceProf Blog

In Ramos v. Louisiana, the Supreme Court held that "if the Sixth Amendment’s right to a jury trial requires a unanimous verdict to support a conviction in federal court, it requires no less in state court." Before, this opinion, a

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Federal appeals court rules professors do not to have to respect student pronouns


The US Court of Appeals for the Sixth Circuit held Friday that public universities cannot compel professors to respect student pronoun preferences.

BREAKING NEWS: New York Cannabis Legislation Imminent


After years of fits and starts, New York appears to finally be ready to pass comprehensive cannabis legislation that legalizes recreational cannabis and expands its existing, restrictive medical cannabis program.

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Make Your Office Space a Happy Space


This Friday’s Fast Track tip for your paralegal career is: Make your office space a happy space ! Whether you’re working from home or back in the office – have at least one thing in your office that brings you joy. A plant. A picture in a nice frame. Artwork. A vase or a sculpture.

Building a 5-Star Online Reputation for Your Business

Speaker: Brent Werbeck, GetMoreReviews Co-Founder

Trying to figure out how to turn your happy customer’s comments into 5 star reviews may seem like a daunting task. From internal feedback to Google reviews, what is "really" the way to go? Join Brent Werbeck, Co-Founder of Get More Reviews, in this discussion of how to foster and grow your business's 5-star online reputation.

Grammar Giggle – Alcohol Consumption May Make You Use The Wrong “You’re”


A friend sent this to me. They got it correct in one place, but not in another on the same sign. Perhaps they were out of the letter “e” or perhaps they just weren’t paying attention. In this sign, both should be “you’re,” the contraction for “you are.”

Notary Public Seminar - March 19th


Want to enhance your resume? Many employers expect their paralegals to be notaries and trust they know what they are doing! Do you know the various roles and responsibilities of a Notary Public?

Southern District of Mississippi Rejects Reptile Theory Evidence

EvidenceProf Blog

Reptile strategy has taken the plaintiffs' bar by storm. The Reptile theory asserts that you can prevail at trial by speaking to, and scaring, the primitive part of jurors' brains, the part of the brain they share with reptiles.


Federal court dismisses Oregon lawsuit challenging Native American water rights


The United States Court of Appeals for the District of Columbia affirmed the dismissal of a lawsuit on Friday brought by Oregon ranchers which would have prevented the Klamath Tribes from exercising their water rights when they interfere with Oregon ranchers’ irrigation.

Process Serving Made Easy: Serve in All 50 States Using One Platform

Speaker: PROOF

PROOF has revolutionized service of process. Using our online platform, create serve requests nationwide and receive live updates with mapped verification of each attempt. PROOF’s technology provides users with complete transparency from start to finish.

The SAFE Banking Act’s Reintroduction in 2021


This week, the SAFE Banking Act’s long-awaited reintroduction finally happened, and by a bipartisan group of over 100 members of the House and 30 members of the Senate (and counting!). The legislation was first introduced in March 2019, and we’ve followed along ever since.

Millions Are Hounded for Debt They Don’t Owe

Diane Drain

A powerful story from one man who refused to be bullied to one of the devious debt collectors: Millions Are Hounded for Debt They Don’t Owe. One Victim Fought Back, With a Vengeance. Article by Zeke Faux, Bloomberg Business week. Andrew Therrien wanted payback.

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Ask PTB – Capitalizing id.


A reader recently asked if the abbreviation “id.” ” should be italicized and should the “I” be capitalized or not? Photo by Marcin Skalij on Unsplash. According to The Bluebook , id. is always italicized (including the period).

Seminar: Mastering Employment | May 7th


Achieving success in your chosen career depends not only on possessing the requisite knowledge and skills to be proficient on the job, but also on being adept at navigating the often tumultuous terrain of employment, relationship building, and career advancement.

Wills, Trusts, and Estates: The Essentials of Wealth Management

Speaker: Vi Pham, Attorney at Law

Wealth management is a guaranteed practice: as paralegals, it's essential that you know the complexities of wealth management in order to ensure that your client's rights are protected to their fullest extent. Join Vi Pham, Attorney and educator, in this exclusive webinar that will leave you feeling brushed up and ready. This seminar meets the requirements of the NALA Certifying Board for continuing legal education credit required to maintain the CP (Certified Paralegal) credential.

Court of Appeals of Alaska Finds the 12 Step Drug Recognition Evaluation Protocol is Scientific Evidence Subject to the Daubert Standard

EvidenceProf Blog

What is a drug recognition evaluation (DRE)? The DRE protocol, which is also known as the Drug Influence Evaluation, consists of twelve steps: (1) a breath alcohol test to rule out alcohol as the source of the driver's impairment; (2

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Cuba passes animal welfare law amid pressure from activists


The Cuban government has passed a long-awaited animal welfare law after decades of ignoring citizens’ demands for animal rights legislation.

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California’s Overly Restrictive Cannabis Laws Incentivize Illegal Activity


It’s no secret that California has a massive cannabis illicit market, despite the fact that it is perfectly legal (under state law) to sell cannabis if a business goes through the licensing process and complies with state and local laws.

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Paralegal Billable Hours – The Important Numbers


Numbers You Should Be Tracking. If you are a paralegal working in a law firm with an annual billable hour requirement, there are a few numbers that you should be tracking every month. They are the numbers that management tracks.

Grammar Giggle – Back Legs Only


This picture is an example of too much information. It seems that since chickens only have back legs–I think the front “legs” are called “wings”–this language is unnecessary and confusing.

You Have a Reverse Mortgage: Know Your Rights and Responsibilities

Diane Drain

You have a reverse mortgage: Know your rights and responsibilities. Publication from Consumer Financial Protection Bureau “CFPB” Reverse mortgages can be a nightmare, leaving your spouse evicted from their home once the signing spouse dies.

Court of Appeals of Indiana Finds Head Nod Constituted a Dying Declaration

EvidenceProf Blog

Similar to its federal counterpart, Indiana Rule of Evidence 804(b)(2) provides an exception to the rule against hearsay for A statement that the declarant, while believing the declarant's death to be imminent, made about its cause or circumstances. Under this

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Federal appeals court rules Uber cannot force arbitration of disability discrimination claims


The US Court of Appeals for the Third Circuit ruled Wednesday that Uber Technologies, Inc. Uber) cannot force plaintiffs to arbitrate their disability discrimination claims.

BREAKING NEWS: Mexican Lower Chamber Passes the Cannabis Bill!


Last night, by a considerable majority (310 ayes; 210 nays and 20 abstentions), Mexico’s Lower Chamber approved the Cannabis Law bill sent to it by the Mexican Senate last November. The Cannabis Law was heavily amended prior to passage.

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Paralegal Webinar Replay


Watch the free paralegal webinar replay from the Paralegal Boot Camp to get the top 7 habits that you can develop to fast-track your paralegal career, enjoy your work more, and feel like you are an indispensable member of the team. There are good paralegals. And there are great paralegals.

Grammar Giggle – Easy To Assemble, But Difficult To Read


A friend sent me these assembly instructions for a desk she purchased. I assume the manufacturer’s first language is not English, but instructions on something you are selling in the United States are kind of important and they should take more care with translations.

Stopping Unlawful Debt Collection Practices, CFPB 2020 Report

Diane Drain

CFPB Submits 2020 Report to Congress on the Administration of the Fair Debt Collection Practices Act. Report highlights commitment to protect consumers during the COVID-19 Pandemic.

Eighth Circuit Punts on Question of Whether a Social Worker Can Testify That a Defendant is Not Attracted to Minors

EvidenceProf Blog

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