Sat.Mar 27, 2021 - Fri.Apr 02, 2021

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

JURIST

The US Court of Appeals for the Sixth Circuit held Friday that public universities cannot compel professors to respect student pronoun preferences. Per the court, such speech is protected under the First Amendment, particularly if pronoun preferences go against a professor’s religious or philosophical beliefs. The case stemmed out of a dispute between Professor Nicholas Meriwether and a transgender student at Shawnee State University in Portsmouth, Ohio.

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No April Fool’s joke for Florida: Water rights case is dismissed

SCOTUSBlog

A scant 38 days after oral argument, Florida finds itself at the end of the road in its quest to limit the amount of water that Georgia uses in the Apalachicola-Chattahoochee-Flint River Basin. In a unanimous opinion written by Justice Amy Coney Barrett in Florida. The post No April Fool’s joke for Florida: Water rights case is dismissed appeared first on SCOTUSblog.

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Seminar: Mastering Employment | May 7th

Paralegal.edu

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. During this 4-hour interactive seminar and presentation, you will learn valuable strategies to help find and promote success in the career you have today, or in the next opportunity that presents itself tomorrow.

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Sixth Circuit Finds a Class Can be Certified Based Solely on Inadmissible Evidence

EvidenceProf Blog

Plaintiffs seeking to bring a class action must receive class certification. For example, Lyngaas v. Ag, 2021 WL 1115870 (6th Cir. 2021), involve[d] two unsolicited fax advertisements received by Brian Lyngaas, D.D.S., in March 2016. Lyngaas asserts, on behalf of.

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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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ACLU requests documents on artificial intelligence from national security agencies

JURIST

Following the release of a report on the future of artificial intelligence (AI) in government, the American Civil Liberties Union (ACLU) said Friday that they have filed a Freedom of Information Act (FOIA) request in order to gather details about how national security and intelligence agencies are using AI in ways that may violate people’s civil rights.

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Filing for divorce in Citrus Heights

LDA PRO

If you plan to file for divorce in Citrus Heights, it is not as simple as you think. You will be surprised to see the countless people waiting to file their divorce cases in Sacramento County. You may have to wait for hours, days, even weeks to get assistance from the court. And finally, when you arrive at the courthouse, your documents may get rejected if they are not filled incorrectly.

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SDNY Finds 1997 Conviction Inadmissible to Impeach Criminal Defendant

EvidenceProf Blog

Federal Rule of Evidence 609(b) states the following: (b) Limit on Using the Evidence After 10 Years. This subdivision (b) applies if more than 10 years have passed since the witness’s conviction or release from confinement for it, whichever is.

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Arkansas Senate approves bill banning gender-affirming care for trans minors

JURIST

The Arkansas Senate on Monday approved a bill that would ban access to gender-affirming care for transgender minors. Titled the “Arkansas Save Adolescents from Experimentation (SAFE) Act,” the legislation specifically prohibits “gender transition procedures for minors.” The bill would make it unlawful for any physician or other healthcare professional to “provide [or refer] gender transition procedures to any individual under eighteen (18) years of age.” The b

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Drive Safe: Cloud Data Storage Is Not Backup

NCBA Law Practice Management Blog

As much as I advocate for the use of cloud software by law firms, sometimes there can develop an over reliance on such tools by lawyers. Take, for example, cloud document storage. If you’re a law firm, and you’ve recently moved to a paperless office , adding your document files to a cloud drive system ( like Google Drive , Microsoft OneDrive or Dropbox ) may seem like the solution to all of your problems.

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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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Amid March Madness, antitrust dispute over college athlete compensation comes to the court

SCOTUSBlog

This weekend the National Collegiate Athletic Association will host its storied “Final Four” to determine the champions of the men’s and women’s Division I basketball tournaments. But first the NCAA will be in a different high court on Wednesday: the U.S. Supreme Court, which will. The post Amid March Madness, antitrust dispute over college athlete compensation comes to the court appeared first on SCOTUSblog.

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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.

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US Supreme Court rules Facebook notification messages did not violate telemarketing law

JURIST

The US Supreme Court on Thursday ruled that Facebook’s notification pop-up messages did not violate the 1991 Telephone Consumer Protection Act (TCPA). The court unanimously upheld a narrow definition of an automated dialer, stating that Facebook’s software fell short of the definition. The Supreme Court opinion in Facebook, Inc. v. Duguid reads that Facebook’s security notification systems do not fall within the TCPA’s definition of auto-dialers.

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The AIA Patents have Arrived

Patently O

by Dennis Crouch. The America Invents Act of 2011 included a major reshuffling of what counts as “prior art” against a given patent. 35 U.S.C. § 102 was substantially rewritten with a new focus on an application’s effective filing date, and zero focus on whether a patent applicant was the “first to invent.” The new law applies only to post-AIA patents.

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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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Why Paralegals Should Understand A.I. and Analytics in Today’s Legal Field

My Paralegal Place

As a licensed attorney and technology enthusiast who is immersed in A.I., I found it interesting when my 65-year-old mother came out of retirement as an English professor to work as a paralegal in a law firm for the first time. Like many today, my mother was curious on how […]. The post Why Paralegals Should Understand A.I. and Analytics in Today’s Legal Field appeared first on.

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Article of Interest: "Forensic Science and the Judicial Conformity Problem," by Katie Kronick

EvidenceProf Blog

Professor Katie Kronick (American University Washington College of Law) has posted "Forensic Science and the Judicial Conformity Problem" (Seton Hall Law Review, forthcoming) on SSRN. Here is the abstract: Almost a quarter of known wrongful convictions have involved faulty forensic.

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New York governor signs law legalizing recreational marijuana

JURIST

New York governor Andrew Cuomo signed a bill into law Wednesday legalizing the adult use of marijuana, making it the fifteenth state to fully legalize the drug. The bill passed Tuesday by wide margins in both the state senate, by a 40 to 23 vote, and the state assembly, with 100 votes in favor to just 49 against in a late-night session. Cuomo, the subject of an impeachment investigation over sexual harassment claims, said that this legislation was one of his top priorities this year, and called

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Supreme Court sides with Facebook in narrowing the federal robocall ban

SCOTUSBlog

On Thursday, the Supreme Court unanimously sided with Facebook in a lawsuit over unsolicited text messages the social-media giant sent to a cellphone number in the company’s database. In an opinion authored by Justice Sonia Sotomayor in Facebook v. Duguid, the court adopted a narrow. The post Supreme Court sides with Facebook in narrowing the federal robocall ban appeared first on SCOTUSblog.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Certificates of Correction 2021

Patently O

by Dennis Crouch. For the most part, Certificates of Correction are boring, simple, and quite common. 35 U.S.C. § 254 & 255 provide for correction of minor mistakes by the PTO and applicant respectively. PTO mistakes are fixed when a mistake is “clearly disclosed by the records of the Office.” For applicant-mistakes, the correction is allowed for “clerical or typographical nature, or of minor character” made in good faith.

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Ninth Circuit Grants New Trial After Jury Clears LAPD Officers Who Tased Alex Aguilar 5 Times & Punched Him 3 Times

EvidenceProf Blog

As the trial of Derek Chauvin in connection with the death of George Floyd began today, the trial related to the death of Alex Aguilar, Jr. is set to start again. In an opinion issued on Friday, the Ninth Circuit.

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Federal appeals court refuses to stay decision striking down CDC eviction moratorium

JURIST

The US Court of Appeals for the Sixth Circuit on Monday denied the federal government’s motion to stay a district court decision striking down the Centers for Disease Control and Prevention (CDC) eviction moratorium. In response to COVID-19, the CDC ordered a nationwide moratorium on residential evictions last fall. This moratorium covered tenants if they provided their landlord with a statement attesting that they incurred a substantial loss of income, applied for all available rent relie

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“Possible cause”: Court seems poised to allow warrantless community caretaking entries into the home

SCOTUSBlog

On Wednesday, the Supreme Court heard argument in Caniglia v. Strom over whether the “community caretaking” exception to the Fourth Amendment’s warrant requirement extends to the home. For a case one expert commentator deemed “small,” much was at play here, as evidenced by the simulacrum. The post “Possible cause”: Court seems poised to allow warrantless community caretaking entries into the home appeared first on SCOTUSblog.

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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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An incredible invention (incredible = not credible).

Patently O

In re Hu ( Fed. Cir. 2021 ). Huping Hu (PhD, JD) and his spouse Maoxin Wu (MD, PhD) have been working for many years to understand human consciousness and its relationship to quantum theory. In a series of patent applications, the pair have disclosed and claimed various applications of quantum entanglement. Pending claim 1 of their Application No. 11/944,631 lists three easy steps for taking advantage of quantum entanglement.

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Does the Rule From Torres v. Madrid Apply to Unintended Victims?

EvidenceProf Blog

In its opinion last week in Torres v. Madrid, the Supreme Court held "that the application of physical force to the body of a person with intent to restrain is a seizure even if the person does not submit and.

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Federal appeals court allows Missouri to enforce vegan food label law

JURIST

The US Court of Appeals for the Eighth Circuit ruled Monday that Missouri is not barred from enforcing a state law that criminalizes misleading advertisements of vegan food products as containing meat. Missouri enacted a statute in 2018 that makes “misrepresenting a product as meat that is not derived from harvested production livestock or poultry” a class A misdemeanor, which can include up to one year imprisonment and a $1,000 fine.

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Justices employ full-court press in dispute over college athlete compensation

SCOTUSBlog

With just a few days until college basketball begins its “Final Four” to crown the men’s and women’s champion, the attention at the Supreme Court on Wednesday turned to college sports. The spotlight was often harsh, with several justices openly criticizing the state of elite. The post Justices employ full-court press in dispute over college athlete compensation appeared first on SCOTUSblog.

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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.