Sat.May 22, 2021 - Fri.May 28, 2021

Instructor Feedback - Don’t Shoot the Messenger

PARALEGAL.EDU

A good instructor will evaluate your school performance in much the same way that a supervisor will assess your execution of work responsibilities.

US Senators introduce bill to save USPS 46B

JURIST

A bipartisan group of United States senators introduced a bill Wednesday which would allow the United States Postal Service to save 45.9 billion dollars over ten years.

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what services do probate paralegals perform?

LDA PRO

When it comes to filing probate, paralegal experts can offer you flawless judicial support. They are liable for handling a lot of responsibilities. In most cases, you do not need to hire an attorney to get your probate case accomplished.

What You Need to Know When Buying a Cannabis Business, Part 3: Hiring Your Lawyer

HarrisBricken

Buying a cannabis business does not occur in a matter of days, and transactions fall apart for a variety of reasons, as we discussed in Part 1 of this blog series focused on the buy-side of a cannabis M&A transaction.

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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.

Apostrophe Decision Chart

ProofThatBlog

After a recent Proof That blog post about apostrophes and plurals, I had someone ask the question about words that end in “s” and how you make those words possessive.

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District of New Jersey Finds "Friend With Benefits" Had Standing to Challenge Search of His Friend's Place

EvidenceProf Blog

The Fourth Amendment states that The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by

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Cannabis Litigation: Writs of Attachment

HarrisBricken

Last month, I wrote this post about the availability of fraudulent transfer claims under the Uniform Voidable Transactions Act when it’s possible that a cannabis judgment debtor (or soon to be judgment debtor) begins to move its assets around to avoid future payment.

Grammar Giggle – Slow Down And Get It Right

ProofThatBlog

I think news outlets are the worst at trying to get news headlines out quickly so they can beat their competition to it, but that sometimes leads to mistakes that shouldn’t be made.

France Constitutional Council strikes down bill allowing regional languages in schools

JURIST

The Constitutional Council of France struck down a bill Friday permitting schools to teach the majority of the day in regional languages such as Basque, Breton, and Corsican for being unconstitutional.

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.

Missouri Court of Appeals Precludes Jury Impeachment Based Upon Jurors Holding Defendant's Silence Against Him

EvidenceProf Blog

Federal Rule of Evidence 606(b) reads as follows: (b) During an Inquiry into the Validity of a Verdict or Indictment. (1) 1) Prohibited Testimony or Other Evidence. During an inquiry into the validity of a verdict or indictment, a juror may

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Spain Moves Toward Medical Cannabis Regulation

HarrisBricken

On May 13, the health committee of Spain’s Congress of Deputies approved a proposal to create a subcommittee that will consider other countries’ experiences with medical cannabis. The subcommittee’s findings could pave the way for medical cannabis legalization in Spain.

This and That in Court Tech – May 2021

CourtTechBulletin

We have been saving a lot (and I mean “a lot) of interesting items to share in recent weeks.

Sweden top court deems posing with dead bodies a war crime

JURIST

According to a press release on Monday, Sweden’s Supreme Court has established that posing with a dead body during armed conflict constitutes a war crime.

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Supreme Court of Colorado Finds Impeachment Exception to Exclusionary Rule Doesn't Cover Truthful But Misleading Testimony

EvidenceProf Blog

The Fourth Amendment to the United States Constitution and article II, section 7 of the Colorado Constitution protect against “unreasonable searches and seizures.” However, because the Fourth Amendment is silent regarding how this right is to be enforced, the Supreme

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New York’s Marijuana Regulation and Taxation Act: What About Medical Marijuana?!

HarrisBricken

In all of the hubbub over New York’s legalization of adult-use (i.e. recreational cannabis), not a lot of ink has been spilled over the expansion of New York’s medical cannabis program. As a brief refresher, New York first legalized medical cannabis in 2016.

The Fate Of Midsize Firms In A Post-Pandemic World

TheEstrinReport

Law firms leaders quickly learned that a willingness to adopt new technologies into their firms was a requirement for survival during the pandemic. Article By NICOLE BLACK on April 29, 2021 at 12:45 PM Originally published on AboveTheLaw.

Australia court rules government has duty to protect youth from climate change

JURIST

The Federal Court of Australia ruled Thursday that the Minister for Environment, Sussan Ley, and the wider government, has a duty of care to protect Australia’s youth from the climate crisis.

First Circuit Finds “Substantial Similarity” Test Applies to Demonstrative Recreation Evidence in Criminal Cases

EvidenceProf Blog

At trial, parties are allowed to introduce demonstrative recreation evidence, i.e., a demonstration for the jury that recreates the conditions of an alleged crime or civil wrong, e.g., a crime scene reconstruction of a shooting or a car crash.

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Cannabis Multi-State Operators: Top 5 Mistakes

HarrisBricken

We work with a good number of multi-state operator (MSO) cannabis companies. Always have. Most of these companies are publicly traded, although others remain closely held.

Preference or Prejudice? Federal Court Finds Biden Administration Is Engaged In Racial and Gender Discrimination

JonathanTurley

(White House Photo/Adam Schultz). Below is my column in The Hill on the recent decision of a federal judge that the Biden Administration was engaged in racial and gender discrimination in the administration of the pandemic relief under the American Rescue Plan Act.

Florida governor signs bill prohibiting social media platforms from banning political candidates

JURIST

Florida Governor Ron DeSantis signed a bill into law Monday that prohibits social media platforms from “willfully deplatforming a candidate” during an election, adding fuel to the conflict between Republicans and the tech industry.

Court of Appeals of Indiana Punts on Issue of Whether Facebook Messages Meet the State of Mind Hearsay Exception

EvidenceProf Blog

Similar to its federal counterpart, Indiana Rule of Evidence 803(3) provides an exception to the rule against hearsay for A statement of the declarant’s then-existing state of mind (such as motive, design, intent, or plan) or emotional, sensory, or physical

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Ketamine Clinics and Compliance Plans

HarrisBricken

In prior posts, we discussed some of the common due diligence and compliance issues for ketamine clinics (see here and here ). In this post, we discuss a healthcare compliance plan and the importance of having one in place for ketamine clinics.

Amherst Professor Denounces Universities As “Right-Wing Institutions”

JonathanTurley

For years, some of us in academia have written about the virtual purging of Republican and conservative faculty from our colleges and universities, particularly at our national institutions.

Alabama enacts law banning vaccine passports

JURIST

Alabama Governor Kay Ivey signed a bill on Monday that blocks state institutions and businesses from requiring people to show proof of vaccination in order to receive goods or services.

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“Inside Barrett’s family ties to Big Oil”

HowAppealing

“Inside Barrett’s family ties to Big Oil”: Maxine Joselow of E&E News has this report

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Ketamine and Off-Label Issues

HarrisBricken

A common question that arises in Ketamine clinic transactions is whether a clinic or physician (collectively, “healthcare providers” or “providers”) can use or promote Ketamine for off-label uses. The short answer is yes, subject to several caveats, as discussed below.

The Krasner Effect: DAs Can Lead the Way Towards Ending Mass Supervision

The Crime Report

Few district attorneys in recent history have had a first term as consequential as Larry Krasner’s. With his victory in this month’s primary race in Philadelphia, he proved that reimagining criminal justice can be a political winner.

Federal judge finds Georgia anti-BDS law unconstitutional

JURIST

A US federal judge ruled Monday that Georgia’s anti-BDS law, which prohibits state contractors from boycotting Israel, violates the First Amendment and the due process clause of the Fourteenth Amendment.