May, 2022

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Vickers v. Bison Specialty Services: An Exercise in Rampant Racism

LegalReader

Put together, and spread out over time, [the alleged actions] show a pattern of "frequent and offensive" acts creating a hostile work environment for Mr. Vickers and other employees of color.

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Canada Supreme Court rules life without chance of parole is unconstitutional

JURIST

The Supreme Court of Canada Friday unanimously ruled that a life sentence without any chance of parole is unconstitutional under Section 12 of the nation’s charter. In Canada, anyone serving a life sentence for first-degree murder is automatically ineligible for parole for 25 years. Criminal Code Section 745.51 , passed in 2011, allowed justices to give consecutive sentences of 25 years instead of concurrent sentences, adding additional periods of parole ineligibility for additional murde

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Elon Musk Takes Time Out From Failing To Buy Twitter To Fail To Build His Own Law Firm

Above The Law

Another thing he builds that can go up in flames. The post Elon Musk Takes Time Out From Failing To Buy Twitter To Fail To Build His Own Law Firm appeared first on Above the Law.

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Conservative majority hollows out precedent on ineffective-counsel claims in federal court

SCOTUSBlog

Share In Shinn v. Ramirez and Jones , two men on Arizona’s death row raised claims in habeas corpus proceedings that their trial attorneys were constitutionally ineffective – one for failing to investigate evidence suggesting his client could not have committed the crime, and the other for failing to investigate her client’s intellectual disability, which could have spared him the death penalty.

Court 145
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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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‘A Crisis Ignored’: Missing and Murdered Indigenous Women

The Crime Report

When 18-year-old Kaysera Stops Pretty Places , of the Crow, Northern Cheyenne, Mandan, Hidatsa, and Arikara Nations, disappeared after filming a tense situation between her 15-year-old brother and law enforcement in 2019, her friends and family immediately knew something was wrong. The social media-savvy teen was always communicative, and was looking forward to a family trip to North Dakota to visit relatives — so when she wasn’t seen from or heard from by her family after August 24, 2019, her s

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Judging Patent Cases

Patently O

by Dennis Crouch. For the chart below, I tabulated about 7,000 individual votes from the Federal Circuit Judges in patent cases decided 2014-2021. For each judge, I show the percentage of individual decisions that sided with the patent challenger; or patent owner in each case. The results here are not highly surprising. Judges Moore, Newman, O’Malley, and Stoll are all more likely to favor the patentee while Judges Lourie, Hughes, Dyk, Prost, and Reyna relatively more likely to side with

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Russia releases Danish Jehovah’s Witness from prison

JURIST

Russian authorities Tuesday released Dennis Christensen, a Danish citizen and Jehovah’s Witness, from prison. According to a statement made by the Jehovah’s Witnesses in Russia organization, Christensen was arrested in May 2017 and was the first Jehovah’s Witness arrested as part of the Russian government’s crackdown on the religious sect. The organization said riot police “invaded the worship building of Jehovah’s Witnesses.

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Supreme Court Is Totally Going To Make The Gun Situation In This Country Worse — See Also

Above The Law

Let's Not Forget, SCOTUS Is Poised To Open Up Gun Regulations. AGAIN: Why shouldn't we know what the conservative majority is going to do? As American As A Mass Shooting: Gun violence is more representative of our culture than apple pie. Judge Isn't Happy: About attorneys blowing deadlines. $2,500 For An Hour: What Neal Katyal commands. What Happens At The Strip Club.

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Divided court curtails judicial review of factual questions in immigration proceedings

SCOTUSBlog

Share The Supreme Court on Monday limited the ability of federal courts to review certain factual findings in immigration proceedings that determine whether noncitizens will be deported or will be allowed to remain in the country. The ruling in Patel v. Garland was 5-4, with Justice Amy Coney Barrett writing for the majority and Justice Neil Gorsuch joining the three liberal justices in dissent.

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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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Police Surveillance and Racial Justice

The Crime Report

Laws aimed at providing community oversight over police surveillance technology still raise concerns about privacy and racial bias, according to a forthcoming study in the UCLA Law Review. . So-called Community Control Over Police Surveillance (CCOPS) laws, meant to empower community residents, have been introduced in more than 20 jurisdictions around the U.S.

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Legal Pricing: Good Lawyers Talk Money With Their Clients

Attorney at Work

If you were to believe everything being written about legal services today, you might think lawyer-client relationships have boiled down to one thing: legal pricing. Yet in my conversations with clients, fees rarely are the first thing mentioned or the most important factor used to evaluate relationships with outside counsel. Don’t get me wrong. All clients are cost-conscious, particularly these days.

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Hyatt back to the Supreme Court: Special APA Procedures for the Patent Office?

Patently O

by Dennis Crouch. Hyatt v. USPTO (Supreme Court 2022). Following a failed en banc petition, famed inventor Gilbert Hyatt hired a new Supreme Court counsel (the famed Erwin Chemerinsky) who has now filed a petition for writ of certiorari focusing on standards for dismissing Administrative Procedure Act (APA) claims. According to the USPTO, there are a couple of hundred patent applications still pending that were filed prior to the June 1995 patent term transformation (GATT).

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Canada Supreme Court rules extreme intoxication a criminal defense

JURIST

The Supreme Court of Canada Friday ruled that extreme intoxication is a valid defense to criminal charges like murder and rape, overturning section 33.1 of the Criminal Code. The court upheld a lower court’s ruling in R. v. Brown which also found the extreme intoxication law unconstitutional. Parliament passed section 33.1 in 1994 in response to R. v.

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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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Sure Would Be Nice If Equal Justice Works Paid For Work… Equally

Above The Law

I mean, if I made $50k I'd be mad if folks with less seniority made 14% more than me for the same job too. The post Sure Would Be Nice If Equal Justice Works Paid For Work… Equally appeared first on Above the Law.

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Justices decline to block execution of Arizona man with schizophrenia

SCOTUSBlog

Share The Supreme Court on Wednesday allowed Arizona to execute a man who suffered from severe mental illness and, according to his lawyers, did not understand why the state wanted to put him to death. No justices indicated dissent from the court’s brief order declining to postpone the execution of Clarence Wayne Dixon, who was sentenced to death for the 1978 killing of Deana Bowdoin, a 21-year-old student at Arizona State University.

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Investing in Public Schools Reduces Crime: Michigan Study

The Crime Report

A new University of Michigan study has found that increases in public school funding early in children’s lives can reduce adult crime, reports Phys.org. The study authors tracked two groups of students from kindergarten to adulthood and concluded that students who attended better-funded schools were 15 percent less likely to be arrested through age 30. “While many policies focus on the crime-deterring effects of additional policing or tougher criminal justice sanctions, our findings

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Building a Law Firm That Pays You First

Attorney at Work

When you started your law firm, it was probably just you — and maybe a paralegal or assistant. Then more business came in and you were working crazy hours, so you hired. You didn’t really care what you paid in salaries; you just needed the help. When somebody said they needed something, you usually said fine, “Order it!” Because in the beginning, you were making really good money.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Keys to Eligibility: Preemption, History, and Levels of Abstraction

Patently O

by Dennis Crouch. The US Solicitor General has provided her input–arguing that the Supreme Court should grant American Axle’s petition and decide whether the claimed method of manufacturing a driveshaft is patent eligible. American Axle & Mfg., Inc. v. Neapco Holdings LLC, Docket No. 20-891 (Supreme Court 2022). [ USDOJ Brief ]. A decade ago, the Supreme Court decided Mayo v.

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Chile finalizes draft of new constitution replacing Pinochet-era instrument

JURIST

Chile’s Constitutional Convention Monday finalized the draft of a new constitution, following 10 months of negotiations. Chilean citizens overwhelmingly voted in October 2020 to draft the new constitution replacing the guiding principles put in place in 1980 under General Augusto Pinochet’s military dictatorship. . The draft has been heralded for its progressive nature, with it requiring free higher education, gender equality in government leadership, and a robust climate change plan.

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Jonathan Turley Called Out For Using Law For ‘Wrongful Ends.’ As If Selling Out For Publicity Is Wrongful!

Above The Law

GWU's commencement speaker criticized the professor's public stances and he's unhappy about it. The post Jonathan Turley Called Out For Using Law For ‘Wrongful Ends.’ As If Selling Out For Publicity Is Wrongful! appeared first on Above the Law.

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How the leak might have happened

SCOTUSBlog

Share Among the debates generated by the leak of Justice Samuel Alito’s opinion in Dobbs is whether the leaker was conservative or liberal. The leak will ultimately pale in importance to the court’s decision once it is issued; the ruling will directly affect the lives and rights of tens of millions of people. But in the meantime, the motives of the leaker are an important topic because they help explain why an institution that zealously guards its secrets suddenly seems porous.

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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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Can Prosecutors Be Trusted to Correct Wrongful Convictions?

The Crime Report

In the past 20 years, prosecutors in Conviction Integrity Units (CIUs) have increasingly taken on the responsibility of exonerating individuals who have been wrongfully convicted. Many of them collaborate closely with defense attorneys on case reinvestigation and resolution, exonerating defendants who otherwise had few remaining options. While the recent popularity of CIUs is an exciting development for the wrongfully convicted and their advocates, these newfound developments are not without ris

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Five Ways to Make Meetings Matter

Attorney at Work

Making meetings effective and productive is no easy feat — especially in the age of Zoom. To be effective, meetings need to engage the talents of the people involved, work to achieve the group’s specific goals for the moment — and do so in a way that’s contextually sensitive to the world around it. Many leaders fall back on arbitrary blanket rules that no one really follows — like the leader who declared all meetings in the company could last no more than 20 minutes.

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Make Money Monday:  Should Lawyers Use TikTok?

My Shingle

In the past four years, the social media platform TikTok grew exponentially, now boasting a billion users a month averaging 850 minutes on the app. Interesting data, but should lawyers be using Tiktok? You might be inclined to respond “hell yes!

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Romania rights groups urge MPs to reject LGBT ‘propaganda’ legislation

JURIST

Romanian Human Rights group Friday criticized Romania’s so-called LGBT+ “propaganda” bill and called on lawmakers to stop it in its tracks. The bill, which has been approved by the Senate and is to now be decided by Romania’s lower house, prohibits the use of materials in schools that “promote” being LGBT+. The bill has been introduced as a measure to prevent “child abuse” by the junior ruling coalition ethnic Hungarian party (UDMR) and the nationa

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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.