Sat.Feb 20, 2021 - Fri.Feb 26, 2021

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Justices to consider whether “hot pursuit” justifies entering the home without a warrant

SCOTUSBlog

An old English maxim instructs that a man’s home is his castle – a refuge from the outside world. On Wednesday the Supreme Court will hear oral argument in a case testing how much protection the Constitution provides to the home. At issue in Lange. The post Justices to consider whether “hot pursuit” justifies entering the home without a warrant appeared first on SCOTUSblog.

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Kyrgyzstan convicted official detained on new corruption charges

JURIST

The Pervomaisky District Court of Bishkek announced Saturday that former Kyrgyz customs official Raimbek Matraimov, who was found guilty of corruption earlier this month, is being detained on fresh money laundering charges. . The announcement comes only days after demonstrators took to the streets to protest the court’s earlier decision to fine Matraimov 260,000 soms (roughly USD $3000) after finding him guilty of corruption, a penalty that many saw as too lenient for the gravity of the of

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The Supreme Court Issues a (Possibly) Landmark Ruling on Qualified Immunity

EvidenceProf Blog

Yesterday, the United States Supreme Court issued a summary disposition in McCoy v. Alamu that could end up being a landmark ruling on qualified immunity. So, what is qualified immunity? As the Supreme Court explained in Mullenix v. Luna, 577.

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A Court Public Data Access Proposal – Yes, but…

CourtTechBulletin

My friend Bob Ambrogi asked for comment during last Friday’s Legaltech Week Journalists’ Roundtable (an excellent discussion every week about our court customers). The discussion turned briefly to Jason Tashea's proposal via the DayOneProject.org initiative titled “ Digitizing State Courts, Expanding Access to Justice ”. The following is my partial reply to the question asked.

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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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Avoid COVID Mortgage Relief Scams

Diane Drain

If you are behind on your mortgage, beware of mortgage relief scams. There is free foreclosure help. If anyone tries to charge you in advance for help or guarantees that they can stop your foreclosure, they’re not legitimate. Here are some red flags that can help you spot and avoid mortgage relief scams: You’re asked to pay up front for help. The company guarantees it will get the terms of your mortgage changed.

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Military Court Applies Forfeiture by Wrongdoing Exception in Murder Case

EvidenceProf Blog

Similar to its federal counterpart, Military Rule of Evidence 804(b)(6) provides an exception to the rule against hearsay for A statement offered against a party that wrongfully caused or acquiesced in wrongfully causing the declarant’s unavailability as a witness, and.

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“Supreme Court Term Limits — Here’s the Best Option”

HowAppealing

“Supreme Court Term Limits — Here’s the Best Option”: Tyler Cooper has this essay online at Bloomberg Law.

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Justices hear argument on whether “hot pursuit” for misdemeanors allows police to enter home without a warrant

SCOTUSBlog

The Supreme Court heard oral argument on Wednesday in the case of Arthur Lange, a northern California man convicted of driving under the influence of alcohol. The evidence used to convict Lange was obtained by a California highway patrol officer, who had followed Lange in. The post Justices hear argument on whether “hot pursuit” for misdemeanors allows police to enter home without a warrant appeared first on SCOTUSblog.

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New Zealand to outlaw conversion therapy practices

JURIST

The New Zealand government announced Sunday that it will pass legislation banning conversion therapy practices in the country by the end of this year or February next year at the latest. Minister of Justice Kris Faafoi confirmed that the Ministry of Justice is drafting a new piece of legislation to effect the change by making conversion therapy practices a criminal offense, civil offense or both.

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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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Court of Appeals of Indiana Finds Child Molestation Victim's Forensic Interview Was Admissible as a Recorded Recollection

EvidenceProf Blog

Similar to its federal counterpart, Indiana Rule of Evidence 803(5) provides an exception to the rule against hearsay for A record that: (A) is on a matter the witness once knew about but now cannot recall well enough to testify.

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US Infringement for Failure to Monitor Seat License Fees

Patently O

Bitmanagement Software GmbH v. US , 20-1139 ( Fed. Cir. 2021 ). Bitmanagement distributes graphics-rendering software that the US Navy makes available to computers connected to the Navy Marine Corps Intranet. The Navy purchased these copies, but did not pay the full seat license fees for system-wide use. As part of the discussion between the parties, the Navy was supposed to ( but did not ) use licensing-tracking software (“Flexera”) to monitor and limit the number of simultaneous

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Court clears way for indoor worship services in northern California

SCOTUSBlog

In the latest of a line of challenges to restrictions arising from the COVID-19 pandemic, the Supreme Court ordered a California county to allow churches to hold indoor worship services. In a brief order on Friday night, the justices granted a request to block county. The post Court clears way for indoor worship services in northern California appeared first on SCOTUSblog.

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Two dead, over 40 wounded in Myanmar port city after police and soldiers open fire on protesters

JURIST

JURIST EXCLUSIVE – Police and soldiers opened fire on protesters in the port area of Mandalay, Myanmar’s second-largest city, on Saturday afternoon Myanmar time. Multiple live rounds were discharged. At least two people were killed and over 40 injured, according to late reports. The dead included a 14-year old boy who was shot in the head.

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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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My New Essay: "The End of Comparative Qualified Immunity"

EvidenceProf Blog

I have posted my new essay, "The End of Comparative Qualified Immunity," on SSRN. Here is the abstract: Critics have called qualified immunity an “unqualified disgrace,” an “abomination,” and “a scourge that closes courthouse doors to people whose constitutional rights.

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New Proposal Will Build on Opioid Patients’ Right to Know Act

LegalReader

U.S. Representative David Trone (D-Md.), and Reps. Guy Reschenthaler (R-Pa.), Teresa Leger Fernandez (D-N.M.), and David McKinley (R-W.V.) are introducing the bipartisan Opioid Patients’ Right to Know Act in an effort to help reduce the prevalence of opioid addiction across U.S. The new proposal is based on the successful inception of the New Jersey Patient.

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In interstate water dispute, two stories, conflicting evidence and an uncertain outcome

SCOTUSBlog

Two competing stories took center stage during Monday’s oral argument in Florida v. Georgia, the second time this case has appeared before the Supreme Court. As noted in the preview, the question is whether the court should issue an equitable apportionment decree that requires Georgia. The post In interstate water dispute, two stories, conflicting evidence and an uncertain outcome appeared first on SCOTUSblog.

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Malaysia top court fines news website Malaysiakini for contempt of court

JURIST

Online news portal Malaysiakini was found guilty of contempt on Friday by the Federal Court of Malaysia on charges related to incendiary comments posted by readers which criticized several cordon sanitaire decisions by Malaysian judges. The charges were initiated by Attorney General Idrus Harun. His rationale behind the application was that the comments implied that the judicial branch has been engaging in corruption.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Eleventh Circuit Finds Computer-Generated Maps Made With Human Input Were Hearsay

EvidenceProf Blog

Federal Rule of Evidence 801(c) states that “Hearsay” means a statement that: (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence to prove the truth of the matter.

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California could have a parliamentary government

SCOCAblog

Overview California can and should adopt a parliamentary system. This article analyzes how a hypothetical initiative measure (Proposition X) that proposes converting the state government to a parliament would interact with the existing political structure and constitutional doctrine, and reaches two primary conclusions: a state parliamentary government would survive constitutional scrutiny, and it would provide overdue political reform to California.

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The Civil Rights Act, the Clean Air Act and the Sixth Amendment

SCOTUSBlog

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether a Black man’s exposure to a racist epithet at work is “sufficiently severe” to constitute a hostile work environment in violation of the Civil Rights Act, whether a. The post The Civil Rights Act, the Clean Air Act and the Sixth Amendment appeared first on SCOTUSblog.

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US appeals court rejects request to revive 48-hour waiting period before abortion

JURIST

In a 2-1 decision on Friday, the US Sixth Circuit Court of Appeals rejected a request to revive a Tennessee law requiring a 48-hour waiting period before abortions while the court hears an appeal of the district court’s decision that ruled the law unconstitutional. The 2015 law mandated that women make two trips to an abortion clinic. During the first trip, women receive mandatory counseling and are informed of the risks of abortion.

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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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75-year-old Protester Hits Buffalo Police with Lawsuit After Being Pushed to the Ground

LegalReader

A lawsuit was recently filed against the Buffalo police department and a few of its officers over claims they purposefully pushed a protester to the ground last summer, causing him to fracture his skull.

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Paralegal Spotlight: Courtney Emmons

NCBA

By the Communications Committee Paralegal Spotlight is the Division’s monthly publication designed to share Division members’ stories with colleagues, inspire present and future paralegal professionals, and strengthen awareness of the profession and association. Each month we select one amazing paralegal from among our membership and ask them to share a little bit about their personal […].

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Justices add new cases, turn down Pennsylvania election disputes

SCOTUSBlog

The justices on Monday issued their first regularly scheduled order list since late January. Perhaps the most noteworthy part of the orders was the justices’ denial of former President Donald Trump’s plea to block a subpoena for his financial records, but the order list was. The post Justices add new cases, turn down Pennsylvania election disputes appeared first on SCOTUSblog.

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Russia convicts political activist of violating undesirable organizations law

JURIST

A Russian court convicted political activist Anastasia Shevchenko Thursday, finding that she had violated the country’s “undesirable organizations” law through her involvement with a pro-democracy group. Shevchenko was given a four-year suspended sentence. Prosecutors sought five years in prison. Officials first brought the case in January of 2019, when the government contended Shevchenko violated Article 284.1 of the Russia Criminal Code, which is also recognized as the ̶

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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.