Sat.May 08, 2021 - Fri.May 14, 2021

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Judge Grants Keith Davis a New (Sixth) Trial

EvidenceProf Blog

Today, Judge Sylvester Cox granted the motion of Keith Davis Jr. for a new trial (Download Motion for new trial). Amelia McDonell-Parry covered Keith's case on the Undisclosed podcast. Keith's case is far too complicated to cover in a single.

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South Carolina lawmakers pass bill to allow execution by firing squad

JURIST

The South Carolina House of Representatives passed a bill Friday that would enable convicted individuals to elect for execution by firing squad, rather than electrocution or lethal injection. The bill passed by a vote of 66-43 and requires that, if an individual waives his right to choose, execution will be administered by electrocution. A similar bill passed the South Carolina Senate in March by a 32-11 vote.

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Paralegal Communication Skills

Paralegal Bootcamp

7 C’s of Paralegal Communication Skills. Communication skills are important if you want to have a successful paralegal career. A paralegal’s day is filled with drafting motions, writing summaries, discussing the project status with an attorney, corresponding by email, telephone calls to clients and vendors, taking notes, or writing memos – the list is endless.

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“Fixing” Criminal Justice Data and My Alternative Approach

CourtTechBulletin

Last month, the Arnold Ventures group released a report titled “ We Need Criminal Justice Data That Doesn’t Exist. Here’s How the Biden Administration Can FixIt.” This is a subject near and dear to me as I have been working on much of this for a long time. I agree with many parts of the report. However, I was disappointed to see that the full report missed many standards and frameworks that have been previously built?

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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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Second Look, Second Chance: Reevaluating Lengthy Sentences

The Crime Report

Mass incarceration plagues the American justice system, with 15 percent of today’s national prison population serving sentences of 50 years or more. However, according to a report from The Sentencing Project, over half of the states have introduced “Second Look” legislation to reduce extreme sentencing and dramatically cut prison populations. “Ending mass incarceration in our lifetime will require reducing prison admissions and moderating prison terms for all crimes, including for violent crimes

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Scalia Was Exactly The Jerk You Thought He Was — See Also

Above The Law

The Entitlement Was Strong: Justice Scalia threw a fit when his kids didn’t get into their choice of school. Preet Knows What’s Up: At least. we hope he’s right about this. Back To The Office Made Easy: At Baker McKenzie. Lockstep Compensation : Now at Holland & Knight.

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US Patent Number 11,000,000

Patently O

by Dennis Crouch. On May 11, 2021, the USPTO issued US Patent Number 11,000,000. Eleven million. Don’t forget that the office has issued another 1,000,000 design+plant patents and an additional 10,000 patents from 1791 to 1836 before the current numbering system was established. I was a junior in college at Princeton when Patent No. 5,500,000 issued to John Feagin covering a zip-tie method for suturing.

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Body-Worn Cameras and Police Violence: Is There a ‘Civilizing Effect’ ?

The Crime Report

Aug. 9 will mark the seventh anniversary of Michael Brown’s death in Ferguson, Mo., as well as the opening of a new phase in the national movement for police reform. Police body-worn cameras (BWCs) became an immediate and central feature in that effort, with a growing number of police agencies making them available to rank-and-file officers. Less than five months after Brown’s death, then-President Barack Obama pledged $75 million for the purchase of 50,000 BWCs.

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Federal appeals court finds racist slur protected under First Amendment

JURIST

The US Court of Appeals for the Fourth Circuit found Tuesday that a racist slur used by a former military officer was protected speech under the First Amendment. In November 2018, former military officer Jules Bartow was shopping at the Quantico Marine Corps Exchange when he used a racist slur that generally seemed aimed at either an African American employee or an African American man in civilian clothes.

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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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New Leaf Data Services & the Supplemental Register Sneak Attack: A Preview of the Many Cannabis Intellectual Property Battles in the Years to Come

Hoban Law Group

Remember this date: February 12th, 2020. This was the day New Leaf Data Services, LLC filed a federal complaint in the District of Connecticut against PanXchange, Inc. 1 for trademark infringement regarding each other’s use of the words “Hemp Benchmarks” in connection with hemp commodity data services. While New Leaf Data Services’ complaint makes several claims for relief, for the purpose of this examination we’ll focus on the federal trademark infringement claim.

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Supreme Court Justice Ann Timmer on Arizona’s Sweeping Regulatory Reforms

LawSites

Last August, Arizona became the first state to eliminate the ban on non-lawyer ownership of law firms. In ordering that change, as well as a package of additional reforms, the Arizona Supreme Court acted on the recommendations of a task force that had called for fundamental changes in the regulation of legal services, all with the goal of enhancing access to justice.

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Millennials’ Crime Rates Lower Than Boomer Generation: Study

The Crime Report

Crime-prevention policies that focus on young persons’ quality of life could effectively lower crime rates more effectively than the incapacitation and deterrence of current youth offenders, according to a report published in the Journal of Quantitative Criminology. “It’s time we shifted focus from stopping bad guys to helping kids be good guys,” said William Spelman of the Lyndon B Johnson School of Public Affairs at the University of Texas at Austin, and an author of the report.

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DOJ proposes new regulation to update firearm definition

JURIST

The US Department of Justice (DOJ) issued a proposed regulation on Friday that would update the definition of “firearm” to close a regulatory loophole regarding unmarked firearms, known as “ghost guns.”. The definition of “ firearm ” has not been updated in the US Code since 1968. Unmarked firearms are increasingly found at crime scenes, with law enforcement recovering over 23,000 un-serialized firearms at potential crime scenes from 2016 to 2020.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Biden Revives The International Entrepreneur Rule

Above The Law

The day before publication of this article, the Department of Homeland Security withdrew the rule to rescind this regulation so that the program can continue.

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Survey: 92% Of Firms Say They Were Prepared For Full-Scale Remote Work

LawSites

Ninety-two percent of law firms worldwide say they were completely or somewhat prepared for full-scale remote work at the pandemic’s onset, a survey released this morning finds. Even so, most firms plan to increase their budgets for technology and process software and adopt more cloud-based technologies, the survey reports. Published for the fourth consecutive year by Aderant , a global provider of business management software for law firms, the Business of Law and Legal Technology Survey

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America’s Public Defense Scandal

The Crime Report

Watching the video footage of former Minneapolis police officer Derek Chauvin‘s senseless murder of George Floyd was horrifying. Observing Chauvin’s trial for Floyd‘s death was equally disturbing. Unlike the majority of criminal defendants who are mostly poor people of color, Chauvin was represented by over a dozen highly trained attorneys that carried a bill well over a million dollars.

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UK law to recognize animals as sentient beings

JURIST

British legislators introduced a bill on Wednesday to recognize animals as sentient beings, setting the stage for new reforms under the government’s Action Plan for Animal Welfare. Some of the proposals include prohibitions on the live shipment of animals and bans against shark fins, ivory, and the import of hunting trophies from endangered animals.

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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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Post-COVID Biglaw — See Also

Above The Law

Biglaw Is Hiring Remote Associates : The pandemic’s lasting impact on the legal industry. Take A Damn Break : Latham makes it a little easier. Lin Wood Fails : Because of course. Law Revue Is Here: So go vote. The Breyer Retirement Debate Continues: Chemerinsky weighs in.

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Op-Ed: A Growing Problem on Social Media? The Rise of the “Dupe Influencer”

The Fashion Law

Your favorite social media influencer could be connecting you to illicit and potentially dangerous products. You read that correctly. A growing number of influencers are using their social media accounts to promote counterfeits online, with these self-proclaimed “dupe influencers” generating millions of views, likes, and shares by way of content that facilitates – sometimes proudly – the advertisement and sale of counterfeit goods on platforms like TikTok, Facebook, Instagram, and YouTube.

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Snapchat Enacts Policy Changes After Oregon Boy’s Cyberbullying Suicide

LegalReader

Snapchat has begun to make policy changes following a class action lawsuit that was filed after an Oregon boy’s suicide. According to FOX12, the 73-page lawsuit was filed earlier this week against Snapchat, YOLO, and LMK, on behalf of Kristin Bride, and the Tyler Clementi Foundation. The latter organization is an anti-cyberbullying group. Kristin Bride’s.

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Idaho governor signs bill limiting Biden gun control orders

JURIST

Idaho Governor Brad Little signed legislation Monday that limits the governor’s power and prohibits government entities from enforcing President Joe Biden’s executive orders combatting gun violence. Biden has pushed for more gun control in the US. In early April, the Biden administration unveiled six measures that it would take to address gun violence, including asking the Department of Justice (DOJ) to issue a proposed rule to stop the proliferation of “ghost guns” withi

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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.

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‘Invisible’ Rules for Police Use of Force Encourage Violence: Study

The Crime Report

Photo by G20Voices. In the wake of recent events, communities have been quick to attack law enforcement officers, for what they believe is an unwarranted use of force. They argue that hard and fast rules are the only way to curtail such behavior. However, police departments often reject the argument, saying you cannot regulate the use of force in fluid, unpredictable circumstances where an officer’s life may be in danger.

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WTO Global Health: Shifting away from a Punishment Mindset

Patently O

By Sapna Kumar , Law Foundation Professor of Law at the University of Houston Law Center. While COVID-19 cases continue to drop in the United States, many countries are fighting resurgences of the virus and struggling to obtain vaccines and medical supplies. Back in October, India and South Africa petitioned the World Trade Organization (WTO) to waive all IP protection surrounding drugs and medical products needed to combat the pandemic.

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How Can Nonbelievers Defend Themselves Against Religious Persecution?

Above The Law

Religious fear and hatred of nonbelievers is real, the question is whether legal mechanisms exist that nonbelievers can utilize to defend themselves. .

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Wisconsin diocese sues state corrections department over COVID-19 restrictions

JURIST

The Archdiocese of Wisconsin filed suit Friday against the Wisconsin Department of Corrections (DOC), alleging that the department’s COVID-19 policy restricting ministers’ access to prisoners violates state law. To address COVID-19 concerns, the Wisconsin DOC adopted a policy temporarily suspending all visits. This blanket ban also prevents all volunteer religious ministers from visiting inmates.

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Visibility Into the Strategy & Supporting Documents of Major US Law Firms

Law Firm Intelligence by Trellis aggregates state trial court data across the Trellis platform enabling users to: look up a particular metric related to a specific law firm (such as, how many cases a law firm had or has against another law firm), and see the actual dockets and documents supporting the metric. Trellis data is maximized in a revolutionary and unique way to provide users an exclusive look into a law firm litigating in state trial courts.