EvidenceProf Blog
APRIL 18, 2021
On Monday, there will be closing arguments in the Derek Chauvin trial. In this post, I will break down the three charges that Chauvin faces in connection with the death of George Floyd. Second Degree Murder First, Chauvin is charged.
JURIST
APRIL 10, 2021
Governor Michelle Lujan Grisham of New Mexico signed a law on Wednesday which eliminates the defense of qualified immunity for public officials, including police officers. Qualified immunity protects government officials from being held personally liable for constitutional violations. The new law provides: In any claim for damages or relief under the New Mexico Civil Rights Act, no public body or person acting on behalf of, under color of or within the course and scope of the authority of a publ
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Diane Drain
APRIL 20, 2021
Arizona Bill wants Judgment Creditor to get paid before homeowners when house is refinanced (something Arizona law has not allowed since mid 1950s). Concerns about Arizona HB 2617, especially with the amendments: will allow old and new judgments to attached to homesteads. What the bill and amendments do: There are three parts to the bill & amendments.
SCOTUSBlog
APRIL 29, 2021
Share The Supreme Court on Thursday issued a 6-3 opinion in Niz-Chavez v. Garland , reversing a lower court’s decision that had limited access to “cancellation of removal,” an important form of relief for noncitizens in deportation proceedings. Justice Neil Gorsuch wrote the majority opinion, adopting a rigid interpretation of a federal statute that requires the government to serve a “notice to appear” in order to trigger the “stop-time” rule.
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The Fashion Law
APRIL 29, 2021
Hermès has fared relatively well in the midst of a pandemic-ravaged market. Analysts celebrated the Paris-based brand when FY20 results were posted early this year , as the Birkin-bag maker’s revenues amounted to 6.39 billion euros ($7.7 billion) – down by just 6 percent, which is quite a bit less than rivals LVMH and Kering, which saw their 2020 sales fall by 16 percent and 18 percent, respectively.
Paralegal Brief brings together the best content for paralegals and legal professionals from the widest variety of industry thought leaders
The Crime Report
APRIL 30, 2021
Photo by booturtle via Flickr. Black victims of crime in America are under-represented in the media, and as a result rarely get the institutional and legal recognition given their white counterparts, according to a forthcoming study in the Lewis & Clark Law Review. . “Through their definition as non-ideal victims, Blacks have been systematically excluded from law and policy aiming to improve victims’ rights, and more broadly have not been recognized—socially and institutionally—as legitimate
JURIST
APRIL 29, 2021
A commission of human rights experts asked the International Criminal Court (ICC) at The Hague on Tuesday to investigate the pattern of systemic police violence against Black people in the US. This comes shortly after the commission released a 188-page report detailing the crimes against humanity committed by police and prosecutors in the US. Commissioners investigated 43 cases of police murder, including the deaths of George Floyd, Breonna Taylor and Tamir Rice, as well as Jacob Blake, who was
Diane Drain
APRIL 15, 2021
Are you planning on refinancing your home? If so, you could lose protections from creditors under bill at Legislature. Russ Wiles, Arizona Republic, Arizona Republic Interviews Diane L. Drain about Arizona homestead protection and exposure to creditors. Pub li shed 6 : 1 3 p. m. M T A p r. 1 3, 2021. Homeowners who refinance their mortgag es could lose protections from debt collectors and other creditors under a bill that’s quietly making its way through the Arizona Legislature.
SCOTUSBlog
APRIL 9, 2021
Share A divided Supreme Court on Friday night granted a request by a California pastor to put COVID-related restrictions on in-home Bible study and prayer meetings on hold. The ruling, issued just before midnight, was the most recent in a series of challenges, dating back almost to the start of the pandemic, to restrictions on in-person gatherings. Chief Justice John Roberts indicated that he would have denied the request; Justice Elena Kagan filed a dissenting opinion, which was joined by Justi
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The Fashion Law
APRIL 26, 2021
Early this year, counsel for Kanye West’s Yeezy LLC filed a trademark application for registration for a stylized sun rays graphic. Consisting of “eight dotted lines, each comprising three totally shaded circles, with a total of 24 circles, arranged at equal angles as rays from a sun,” Yeezy LLC’s asserts in its application that it intends to use the mark in connection with everything from clothing and retail store services, and musical sound recordings and streaming to hotel services and the co
Attorney at Work
APRIL 29, 2021
The road to attorney burnout is the same as the road to success — the difference is attitude and perspective. I burned out after 27 years of being a trial attorney. I thought I was doing everything right. Not so. I was working longer and longer hours and enjoying my practice less and less. I couldn’t sleep and, as a result, I was irritable. I suffered from stress, anxiety and depression, and I felt exhausted mentally, emotionally and physically.
Patently O
APRIL 5, 2021
by Dennis Crouch. The following chart provides one look at USPTO historic patent grant rate for patent applications filed over the past 20 years. The chart groups together patent applications as of their filing-month and then simply reports the percentage patented, abandoned, and still-pending. The red-line in the chat excludes the still pending applications and thus reports the grant rate of disposed-of applications.
JURIST
APRIL 24, 2021
JURIST EXCLUSIVE – As a second wave of COVID-19 rages across India, with more than a million new infections officially reported in the past few days, JURIST staff correspondent Neelabh Bist writes his first letter from Delhi reflecting on the profound constitutional challenge the surge of disease represents for India’s courts in their relationship to the executive as a new Chief Justice of the Supreme Court of India takes office.
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MyCase
APRIL 20, 2021
Lawyers have an ethical obligation to preserve client confidentiality. For that reason, the need to protect client confidences has always been a top priority for lawyers. This means that when lawyers and their staff work remotely – a practice that has become commonplace due to the pandemic – it’s all the more imperative for lawyers to ensure that confidential client data is protected when communicating electronically.
SCOTUSBlog
APRIL 15, 2021
Share On Feb. 24, 2020, the Supreme Court granted certiorari in Fulton v. City of Philadelphia , a case in which the petitioners and several amici are asking the Court to either (1) overrule Employment Division v. Smith , a 1990 decision holding that the free exercise clause does not provide a right to religious exemptions from general laws, or (2) sharply limit the impact of Smith by interpreting it as guaranteeing a “most favored nation” status for religious exemption claims.
The Crime Report
APRIL 29, 2021
A major new study of more than 250 miscarriages of justice that have occurred in England and Wales over the last 50 years suggests that unreliable witness testimony has caused the most harm to the pursuit of justice than any other circumstances examined, reports Phys.org. The research also suggests that regulations governing the powers of police have been effective in reducing wrongful convictions caused by unreliable confessions and has led to a new publicly available database of over 350 convi
The Fashion Law
APRIL 22, 2021
In November, a $1.15 billion deal came to light, bringing together Cartier’s parent company Richemont, Chinese e-commerce titan Alibaba, and fashion retail platform Farfetch. The headline-making transaction followed from reports that a “mega deal” was in the making. In addition to proving noteworthy because it brought together three very big names in the fashion sphere in furtherance of an effort that largely focuses on “providing luxury brands with enhanced access to the China market,” the alli
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Your auto accident clients don’t realize that they have lost value in their vehicle because the insurance company covered their repairs and gave them a rental to drive until their vehicle was “brand new.” When they realize that loss in value is when they go to trade or sell their car.
My Shingle
APRIL 26, 2021
Lawyers have reasonably discretion over what terms to include in a Retainer Agreement depending upon the type of case and applicable ethics rules. That said, there are some hard don’ts, i.e., terms that you don’t want to ever include. Here’s a quick sampling: 1.
JURIST
APRIL 27, 2021
The Jewish Community of Vienna (IKG) recorded the largest-ever number of Austrian anti-Semitic incidents in 2020, detailing more than 580 incidents in its 2020 annual report released Monday. These incidents ranged from physical attacks and vandalism to verbal abuse and anti-Semitic commentary online, and notably included incidents linked to coronavirus lockdowns.
MyCase
APRIL 13, 2021
Technology has shaped consumer expectations in recent years, particularly as smartphones continue to evolve and digital tools become a more integral part of our daily lives. People manage and execute many of their day-to-day activities online – whether on their phones or on a laptop or other device. With markedly increased remote interaction during the pandemic, legal services consumers will expect similar connection to and engagement with law firms in 2021 and beyond.
SCOTUSBlog
APRIL 5, 2021
The Supreme Court on Monday sided with Google over Oracle in a major copyright battle, ruling that Google’s copying of a portion of the Java SE computer program is protected as “fair use.” The ruling in Google v. Oracle was 6-2, with Justice Stephen Breyer. The post Google wins copyright clash with Oracle over computer code appeared first on SCOTUSblog.
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Patently O
APRIL 1, 2021
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.
LawSites
APRIL 29, 2021
Eight students in the LawX legal design lab at BYU Law have developed an online resource, called Goodbye Record , that is designed to address flaws in the process for expunging criminal records in Utah and potentially other states as well. I’ve written a number of times about LawX, a lab program launched in 2017 in which law students use design thinking to analyze and address critical issues in access to justice.
Attorney at Work
APRIL 23, 2021
According to the annual Mindbody Wellness Index , more than 40% of Americans say the pandemic has negatively affected their physical health, and 53% say it has negatively affected their mental well-being. With this in mind, we wanted to know what health and wellness trends we can expect to see in 2021. What can we expect to help us feel better, mentally and physically, in this coming year?
JURIST
APRIL 9, 2021
The French Parliament met on Thursday to debate a new bill that protects the right to die with dignity. The bill was proposed by centrist MP Olivier Farloni, who serves as deputy for the parliamentary splinter group Libertes et Territoires, a party made up of center-leftist and center-rightist politicians. The bill in question is set to include the right to active assistance in dying to be included in the public health code and specifies that it shall be carried out in the form of assisted suici
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