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31 minutes ago: KLIEMT.BLOGNew Developments in Brazilian Data Protection: Upcoming Changes in 2021 You Need to KnowThe Brazilian General Data Protection Law (LGPD) has come a long way since its entry into force in 2020, with the National Data Protection Authority (ANPD) transforming into an independent agency and various guidelines issued, but there are still several legal issues relating to the protection of personal data that still need further refinement, with the ANPD currently carrying out all of its inspection and sanctioning functions except for the application of fines, while recently opening public consultations on a number of clarifications and regulations on LGPD provisions that are pending, such as the draft Resolution on the Application of Administrative Penalties and a Regulation on the Processing of Children and Adolescents’ Personal Data.
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7 hours ago: THE VOLOKH CONSPIRACYSearch Engine Experiment Reveals Bias: Google's AI Bard Serves Different Responses for Trump and Biden PresidencyThe article compares the results of a search engine experiment that yielded different results for Donald Trump and Joe Biden, finding that the results for Trump leaned more negatively while those for Biden were more balanced.
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8 hours ago: ABOVE THE LAWGenerative AI Faces Ethical Scrutiny in Legal Practice - Insufficient Output Raises Concern Among Legal ProfessionalsLegal professionals express concern about the ethical implications of generative AI on the legal practice, while the output of a generative AI, intended for creating legal briefs, was found to be insufficient in usefulness.
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8 hours ago: ABOVE THE LAWNational Association for Law Placement Reports Significant Dip in Lateral Associate Market from 2021 to 2022The National Association for Law Placement reported a decrease in the lateral associate market in 2022 compared to 2021.
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9 hours ago: ABOVE THE LAWStanford Law Ensures Free Speech with Mandatory Educational Programming, Says Dean MartinezStanford Law Dean Jenny S. Martinez released a 10-page statement about mandatory educational programming amid multiple disruptions by students protesting speakers' views, which included clear protocols for dealing with disruptions and also protecting the right of speakers and protestors to exercise free speech within permissible bounds.
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9 hours ago: TORRENTFREAKCloudstream App voluntarily taken offline after Hollywood anti-piracy group complaintThe MPA, Hollywood’s anti-piracy group, has sent a DMCA notice to GitHub asking the platform to remove several Cloudstream-related files, including the CloudStream app, an Android-based software which can aggregate pirated content from third-party sources and is fully customizable through open-source extensions, and, complying with the takedown request, the Cloudstream developer has voluntarily removed the contested files from GitHub, hoping to avoid legal repercussions.
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9 hours ago: FINDLAWSupreme Court Contemplates Fate of Biden's Student Loan Program: Will It Stand or Fall?The Supreme Court heard arguments on President Biden's debt forgiveness plan that would cancel $10,000 of debt for those making less than $125,000 per year, with 43 million borrowers eligible for relief, and took into account two cases; Biden v. Nebraska and Brown v. Department of Education, where the first challenged the relief plan following a lower court ruling of lack of standing, and the second argued that the program did not go far enough, with the major questions doctrine being a center of the second case.
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9 hours ago: THE VOLOKH CONSPIRACYStudent Denied Pseudonymity in Lawsuit Claiming Unfair Accusations and Discrimination by University and ProfessorA judge has denied a student's request to remain anonymous in her lawsuit against the University of Pennsylvania, where she alleges that she was unfairly accused of cheating due to her race and further discriminated against by one of her professors.
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9 hours ago: THE VOLOKH CONSPIRACYMichigan Court Allows Prosecution of Parents of Oxford High School Shooter for Negligent HomicideThe Michigan Court of Appeals has decided that the parents of the Oxford High School shooter, who killed four classmates and injured others before pleading guilty to four counts of first-degree murder, can be prosecuted with involuntary manslaughter charges after they had knowledge of their son's mental instability and gifted him a gun that was later used in the shooting.
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10 hours ago: THE VOLOKH CONSPIRACYEconomist draws unexpected comparison between capitalism and giant eagles in Lord of the RingsEconomist Bryan Caplan argues in a recent blog post that standard socialist complaints about capitalism are similar to fan complaints about Tolkien's giant Eagles not doing enough to fight Sauron in The Lord of the Rings.
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10 hours ago: ABOVE THE LAWLindsay Lohan Settles in Cryptocurrency Lawsuit with SEC After Collaboration with InvestigationLindsay Lohan has agreed to settle a case with the Securities and Exchange Commission (SEC) without admitting wrongdoing after collaborating with the SEC’s investigation into Chinese cryptocurrency entrepreneur Justin Sun's alleged fraud, resulting in Lohan paying a fine and disgorging money she had received.
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10 hours ago: THE VOLOKH CONSPIRACYControversy at Charter School as Principal Resigns Over Michelangelo Lesson for 6th GradersA local charter school principal in Tallahassee resigned after a parent complained about a Renaissance art lesson being pornographic, but she believes other factors were behind her ultimatum; regardless, the lesson on the Renaissance period and Michelangelo's "David" should have been an appropriate subject for the 6th graders in question, and any controversy was likely due to poor communication rather than the propriety of the subject matter.
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10 hours ago: SCOTUSBLOGSupreme Court Weighs Free Speech vs Trademark Rights in Jack Daniel's Parody DisputeThe Supreme Court considers how First Amendment trademark principles apply to a dog toy that mocks Jack Daniel's whiskey, with Justices grappling with line-drawing and trying to avoid making serious waves in First Amendment rules for political and artistic speech, whilst Jack Daniel's argues that the toy was "an ordinary commercial product using a mark as a source identifier."
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10 hours ago: ABOVE THE LAWRepublican Members Accuse Manhattan DA of Unprecedented Abuse of Prosecutorial Authority, Trump's Supporters Make Death Threats on Truth SocialRepublican members of the House Judiciary, Oversight, and Administration Committees wrote a letter to Manhattan District Attorney Alvin Bragg, accusing him of an "unprecedented abuse of prosecutorial authority" in relation to the hush money payment to Stormy Daniels, pushing for Bragg to testify on a "politically motivated prosecutorial decision", despite having no visibility on the grand jury, which the DA responded to as an "unlawful incursion into New York's sovereignty", while Trump's supporters make death threats against him on Truth Social.
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10 hours ago: THE VOLOKH CONSPIRACYACLU Files Complaints Against Hospitals for Reporting New Mothers for Neglect Based on False-Positive Drug Tests Triggered by Poppy Seeds.The American Civil Liberties Union (ACLU) of New Jersey has filed complaints against hospitals for conducting nonconsensual, medically unnecessary and inadequately-performed drug tests or with testing perinatal patients on the basis of sex and pregnancy resulting in false-positive results and state investigations of alleged child neglect; the ACLU argues that such policies constitute illegal discrimination under state law, which reveals how medical personnel forsake their ethical responsibilities in service of the war on drugs when they treat new mothers as presumptively unfit based on nothing more than the results of fallible urine tests conducted without permission or medical justification.
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10 hours ago: THE VOLOKH CONSPIRACYSen. Rand Paul Clashes with Dr. Fauci on COVID-19 Origins & Gain-of-Function Research, Questions Congress' Action on War AuthorizationSen. Rand Paul responds to criticism from Dr. Anthony Fauci regarding U.S.-funded gain-of-function research and accuses Fauci of being disingenuous and covering up information related to the origins of COVID-19; Paul also expresses disappointment in Congress for not repealing the war on terror authorization of military force.
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10 hours ago: LAWSITESEverlaw Takes LegalTech to the Next Level with Revolutionary Features for Digital Evidence AnalysisEverlaw announced three new features at the Legalweek conference: Communication Visualizer, Video Depositions, and Cloud Connectors for Zoom, delivering "unprecedented visual intelligence and automation to help legal teams quickly find hidden stories and context in the growing bodies of digital evidence."
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11 hours ago: ABOVE THE LAWCalifornia's Proposal to File Complaints Against Attorneys - To Snitch or Not to Snitch? A Controversial Debate UnfoldsCalifornia is currently proposing a new rule that would require attorneys to file a complaint with the state bar against another attorney if they have credible evidence of misconduct potentially raising a substantial question as to the attorney’s honesty, trustworthiness, or fitness as an attorney in other respects, however, some federal judges have recommended that law schools tell employers if law students participate in protests that disrupt speakers on campus, which raises concern about the harm such snitching rules could cause to innocent people who have different points of view.
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11 hours ago: THE VOLOKH CONSPIRACY'Congressional hearing on TikTok turns into political grandstanding about its connection to the Chinese Communist Party'During a congressional hearing about TikTok, lawmakers seemed less interested in actually learning something new and more intent on grandstanding, repeatedly asking yes/no questions to which nuanced answers were required, and making claims about TikTok's ties to the Chinese Communist Party without providing any evidence.
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11 hours ago: THE VOLOKH CONSPIRACYOhio Deputies Sue Afroman for Using Raid Footage in Music Videos, Claiming Emotional Distress and HumiliationSeven Ohio sheriff's deputies are suing rapper Afroman, claiming he caused them "embarrassment, ridicule, emotional distress, humiliation, and loss of reputation" after the arrest of him on drug possession, trafficking and kidnap charges, which came up empty, by using footage of them raiding his house in his music videos and merchandise without permission, subjecting them to "undue ridicule".
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11 hours ago: ABOVE THE LAWLexisNexis Survey Reveals Only 2% of Legal Professionals Using Generative AI in WorkLegal professionals are not using or planning to use generative AI tools in their work, with only 2% of legal professionals who are aware of these tools saying they are using them daily, according to a survey by LexisNexis Legal & Professional, which polled 1,176 US lawyers and 1,239 law students. Meanwhile, of the consumers who responded that they were aware of generative AI tools, 32% say they are using them personally or professionally, with 48% saying they had used them for legal advice or assistance.
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11 hours ago: LAWSITESNew Legaltech features unveiled at Legalweek 2021: Reveal, Casepoint, DISCO, ContractPodAi, HaystackID, and Repario take center stage!Legaltech companies announced new features and products at the annual Legalweek show this week, with e-discovery and contract-management firms dominating announcements, including Reveal acquiring LIGL to manage the evidence-collection process in litigation and investigations, Casepoint's release of an upgraded legal hold product that combines several new features and DISCO Cecilia, an AI chatbot that serves to answer lawyers' questions quickly by citing evidence drawn from the user’s private documents within private e-discovery databases, while ContractPodAi introduced an AI services hub named Leah, featuring five key features powered by ChatGPT.
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11 hours ago: THE VOLOKH CONSPIRACYRussian Man Arrested for Spreading Message of Unity with a Cartoon SignA man was arrested in Russia for holding a sign that was inspired by the Kot Leopold cartoon series and expressed support for unity, after being interrogated about his job, military service, and views on Ukraine.
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12 hours ago: ABOVE THE LAWMaximize Your Productivity as a Lawyer Using ChatGPT: A Comprehensive GuideThe article discusses the use of ChatGPT, an artificial intelligence system that helps produce written content, its advantages and associated risks, and how it can be effectively used by lawyers to generate content.
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12 hours ago: SCOTUSBLOGSupreme Court to Decide if Broad 'Genus' Patents Remain Valid in Pharmaceutical, Chemical and Biotech FieldsThe Supreme Court will consider whether Amgen's patent on monoclonal antibodies that lower "bad" cholesterol is too broad to be valid under federal patent laws, specifically whether the enablement requirement in U.S. patent laws is satisfied, and this case will set a precedent on whether broad "genus" patents will remain viable in the pharmaceutical, chemical, and biotech fields.
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12 hours ago: THE VOLOKH CONSPIRACYProposed Bans on Chinese Products Could Backfire on American Security and Isolate the Country from the Global Economy, Experts Warn.Proposed bans on Chinese-produced apps like TikTok may harm American security and isolate the country from the world's largest economy and growth stimulator, according to this opinion piece.
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12 hours ago: THE VOLOKH CONSPIRACYGoogle's Bard AI: Producing False and Misleading Information like ChatGPT-4The experimental version of the AI language model called Bard, similar to ChatGPT-4, produces output that includes false or made-up allegations and falsely attributes them to reputable news outlets, revealing both AI models have a similar problem with facts.
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12 hours ago: ABOVE THE LAWIsrael's Judicial Overhaul Sparks Concerns of Diplomatic Fallout with Washington's Defense CommunityThe Israeli Defense establishment is concerned that the Biden administration may slow or cut off the flow of arms from Washington, as Israel's right-wing government's judicial reforms have plunged the country into a domestic crisis, causing major demonstrations and concern from world leaders due to how the reforms affect the balance between the legislative, judicial, and executive branches that could damage US relations with Israel, hence impact Washington's desire to approve Israel's annual foreign military financing budget.
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12 hours ago: THE VOLOKH CONSPIRACYPolitical Agenda of Scientific Journals Reduces Public Trust in Science, Finds StudyNature's 2020 endorsement of Joe Biden for president caused a significant reduction in trust in science, according to a new study by Stanford economist Floyd Zhang, who found that political endorsements by scientific journals can undermine and polarize public confidence in scientific publications and the broader scientific community.
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12 hours ago: THE VOLOKH CONSPIRACYFlorida to Expand Don't Say Gay Law to All Grades and Ban LGBT InstructionFlorida's "Don't Say Gay" law may actually be earning its name as the state considers an Education Department proposal to ban almost all instruction about LGBT issues in all grades under the state's "Principles of Professional Conduct for the Education Profession in Florida."
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13 hours ago: ABOVE THE LAWGambling Addiction Leads to Solicitor's Downfall – British Attorney Sentenced to Jail Time for Fraud and TheftEnglish trainee solicitor Tauseef Sadeeq has been sentenced to two years in prison after pleading guilty to 20 counts of fraud totaling over £100,000, and admitting to having used the funds he misappropriated to pay off gambling debts, including funds belonging to clients of the firm hired him.
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13 hours ago: THE VOLOKH CONSPIRACYWill A.I be the real threat to governments? Find out why authoritarian regimes are on high alertArtificial intelligence (A.I), particularly powerful A.I, might end up being a threat not to humanity but to governments, particularly authoritarian governments that have limited access to ideas and information as A.I's much more of an all-or-nothing proposition, and it poses a significant challenge to governments worldwide as their perspectives can be manipulated as they seek all kinds of answers from A.I for which censorship is not possible, but the possibility of A.I becoming a tool for individual empowerment circumventing traditional systems of top-down information control and against authoritarian rule as well as a rival power center to many authorities also cannot be overlooked.
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13 hours ago: VERFASSUNGSBLOGTransparency or Disinformation? Controversy Surrounds European Commission's Proposal on Political Advertising RegulationThe European Commission Proposal for a Regulation on the transparency and targeting of political advertising has received feedback from the Council and the European Parliament, and concerns are being raised by some stakeholders.
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13 hours ago: THE VOLOKH CONSPIRACYJustice delayed: Innocent man beaten by police may not receive compensation due to court immunity uncertaintyJames King, who was beaten by an FBI agent and police detective a decade ago after being mistaken for someone else, may not be compensated due to uncertainty over whether the officers are immune from facing a civil suit, a case which is now awaiting consideration by the U.S. Supreme Court to decide whether government officers enjoy more rights to violate the laws they are assigned to enforce.
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13 hours ago: WEINTRAUB|TOBINNinth Circuit Upholds Shortened Statute of Limitations Period for Copyright Infringement Claims in Evox Productions and Chrome Data Solutions, LP CaseThe Ninth Circuit held that a trial court had correctly enforced contractual provisions to find that the plaintiff's copyright infringement claims were barred by the agreed-to shortened statute of limitations period, in a case involving Evox Productions and Chrome Data Solutions, LP.
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13 hours ago: THE VOLOKH CONSPIRACYSEC sends warning to Coinbase: Enforcement action recommended for federal securities law violationsCoinbase, the largest cryptocurrency exchange in the US, has been hit with a "Wells Notice" from the US Securities and Exchange Commission (SEC), stating that the SEC has made a "preliminary determination" to recommend an enforcement action against the company alleging violations of federal securities laws.
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14 hours ago: ABOVE THE LAWFox News Seeks to Conceal Shady Conduct of Lawyers in Discrimination LawsuitFox News has filed a motion to seal parts of the employment discrimination case brought against them by Abby Grossberg, including allegations around the conduct of lawyers preparing Grossberg for deposition and increasing the potential for legal consequences.
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14 hours ago: THE VOLOKH CONSPIRACYU.S Copyright Office Rules A.I. Generated Art Ineligible for Copyright ProtectionThe U.S. Copyright Office has issued guidance that material created solely by artificial intelligence (A.I.) cannot be copyrighted, though applicants may claim a copyright for an arrangement or editing of such material, as the original work is ineligible, and content generated by AI in response to prompts are ineligible for copyright; this follows the agency's decision to revoke a copyright granted to an artist Kristina Kashtanova for A.I.-generated images in a graphic novel.
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14 hours ago: THE VOLOKH CONSPIRACYPartial Victory in Defamation Case: Judge Rules on Channel One Russia's Claims of Murder and CIA LinksA judge has granted partial summary judgement in a defamation case, relating to Channel One Russia's claims in four television shows that associate Alex Goldfarb murdered Alexander Litvinenko and his own wife, but dismissed allegations that he was a CIA operative and concluded that the question of whether Channel One acted with actual malice must be resolved at trial.
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14 hours ago: ABOVE THE LAWFormer Boutique Partner Sentenced to Prison Time for Embezzling $320,000 from FirmScott Diamond, a former partner at the Pennsylvania-based Sacks Weston, has been sentenced to six months in prison and six months of house arrest following the theft of $320,000 in legal fees from the firm, which he shared with a co-conspirator, after two counts of fraud were brought against him.
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14 hours ago: VERFASSUNGSBLOGLandmark Agreement: New York Joins Paris in Global Efforts for Ocean Conservation and SustainabilityThe recently concluded Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction has been compared to the Paris Agreement as a significant paradigm shift in international environmental law.
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15 hours ago: THE VOLOKH CONSPIRACYCivil Liberties Groups File Lawsuit Against California County Jail's Ban on Physical Mail for InmatesA new lawsuit, filed by civil liberties groups on behalf of incarcerated people, challenges the San Mateo County Jail's practice of digitizing and destroying all physical mail received by prisoners. The lawsuit argues that the policy violates inmates' expressive, associational, privacy, and religious rights while doing little to stop contraband, which is overwhelmingly smuggled in by staff, and depriving them of a source of comfort and connection to the outside world.
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15 hours ago: ABOVE THE LAWGet Expert Insights on Flat-Fee Billing: Two Lawyers Share Tips and Tricks for a Predictable and Efficient Legal PracticeThe article discusses the benefits of flat fees for lawyers, including predictability, incentivizing efficiency, and allowing for selective implementation, and provides answers to common questions surrounding the ethical and logistical considerations of flat fees.
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15 hours ago: THE VOLOKH CONSPIRACYMichigan Judge Denies Institution's Request for Restraining Order Against Critic of Israel's Muslim GroupA Michigan judge rejected a request for a temporary restraining order from an institution in Israel alleging defamation and intentional infliction of emotional distress from a defendant who used social media platforms to make statements about the institution and its associates, including inciting violence against its members, on the apparent belief that they were agents of the Israeli government.
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15 hours ago: THE VOLOKH CONSPIRACYReason Weekend Surprise: Unpacking President Biden's Impact on Inflation, Irrational Children's Literature Re-editing, and More with the Reason Roundtable!The Reason Roundtable releases a surprise Thursday episode featuring discussions on President Biden and inflation, government subsidies, irrational children's literature re-editing, and cultural recommendations.
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16 hours ago: ABOVE THE LAWBiglaw Firm White & Case Sues Former Client for $8.3 Million Unpaid BillsWhite & Case, a Biglaw firm, filed a lawsuit for $8.3 million against former client Colonnade Acquisition Corp. II for three years of unpaid bills and breach of contract despite providing legal services based on the amount of time spent.
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16 hours ago: THE VOLOKH CONSPIRACYArlington, Virginia Breaks Ground with Missing Middle Zoning Reform to Tackle Housing CrisisArlington lawmakers have approved a controversial policy to allow multiunit residential buildings across the county, which will make it easier to build townhouses, duplexes and small buildings with up to four — and in some cases six — units in neighborhoods that for decades required one house with a yard on each lot to tackle the housing crisis.
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16 hours ago: ABOVE THE LAWNational Association of Specialty Pharmacy and Bipartisan Legislators Come Together to Fight the Inflated Drug Prices Imposed by Pharmacy Benefit Managers (PBMs).The Drug Price Transparency in Medicaid Act, a bipartisan piece of legislation that aims to lower prescription drug prices for patients by banning spread pricing by pharmacy benefit managers (PBMs), was introduced in the House of Representatives and has gained support from the National Association of Specialty Pharmacy (NASP).
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16 hours ago: SCOTUSBLOGSupreme Court: 119 Petitions and Applications to be Reviewed, Including Hotel Standing and Death Penalty CasesThe Supreme Court will be considering 119 petitions and applications at its upcoming conference, including two cases involving Article III standing and hotels, and a death penalty case challenging Alabama's lethal injection process.
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16 hours ago: TECHNOLOGY & MARKETING LAWBLOGCopyright Claims Board Issues Nine Default Notices as Registrations for eCCB go UnansweredThe Copyright Claims Board (CCB) has issued nine default notices as of March 15, 2023, all pertaining to the respondent failing to register for or respond to the eCCB online communications system, and in instances where no response is given despite being served, the Board orders the claimant to submit a written direct testimony in support of a default determination.
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16 hours ago: SCOTUSBLOGStay Up to Date with SCOTUSblog’s Daily Legal Briefings and News related to Supreme CourtSCOTUSblog presents a daily list of news articles, commentary and other noteworthy links related to the Supreme Court.
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17 hours ago: THE VOLOKH CONSPIRACYTikTok Too Big to Ban: Experts Debunk National Security AllegationsTikTok CEO, Shou Zi Chew, is set to testify before Congress over concerns from lawmakers about the Chinese-owned app's alleged national security threat but investigative journalists have been unable to find evidence to support the allegations and TikTok denies sharing U.S. user data with the Chinese government; furthermore, a ban on the app could prove unpopular with younger voters and could have unfavourable consequences for advertisers.
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17 hours ago: ABOVE THE LAWSCOTUS Examines Parody Dog Toy in Morning Docket: Latest Legal News Featuring Johnson and Johnson, Trump's Failed Attempt, Biglaw Lawyer in Limelight, and Ramadan Tips from Muslim Attorneys.The article features various legal news, including SCOTUS examining a parody Jack Daniel's dog toy, Johnson and Johnson seeking Supreme Court help, White & Case suing a client, Trump's failed attempt to delay an AG's civil case, an article exploring how reality TV brought a Biglaw lawyer into the limelight and Muslim attorneys sharing advice for Ramadan.
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18 hours ago: VERFASSUNGSBLOGDOSB takes a strong stand for fair play and peace at the Olympics by supporting the exclusion of Russian and Belarusian athletes and officials from international competitionsThe German Olympic Sports Confederation (DOSB) released a statement supporting the exclusion of Russian and Belarusian athletes and officials from international competitions to protect the rights of Ukrainian athletes and prevent sporting events from being used as a form of war propaganda.
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18 hours ago: THE VOLOKH CONSPIRACYUS Judge Strikes Down Missouri Law Prohibiting Pharmacist Speech on Ivermectin and Hydroxychloroquine as Unconstitutional!A US judge has ruled that Missouri's law forbidding pharmacists from contacting physicians or patients to dispute the effectiveness of ivermectin tablets or hydroxychloroquine sulfate tablets for humans is unconstitutional.
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19 hours ago: VERFASSUNGSBLOGEU Law and Employment of Women: A Revolutionary Change in Ireland after 50 Years of EU MembershipThe article reflects on the employment of women as a tangible example of how Ireland changed in the fifty years since joining the EU, with particular emphasis on EU law as a cause of law reform in Ireland.
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20 hours ago: THE VOLOKH CONSPIRACYUSCIS Proposes Hiking Fees for Immigrants Despite Bureaucratic Bloat: Why Raising Fees Won't Solve Visa Process DysfunctionUSCIS has proposed hiking fees for nearly every category of immigrant to solve its budget problems, despite the fact that its dysfunction is a result of bureaucratic bloat, not lack of revenue; the agency's immigration forms have ballooned from a total of 193 pages in 2003 to 701 in 2022, which has resulted in longer processing times, contributing to an application backlog while it will take about 10 million man-hours for USCIS adjudicators to work through the backlog, and these proposed measures will deprive the US of talented foreigners by essentially increasing the cost of applying for legal status while increasing the paperwork burden.
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22 hours ago: THE VOLOKH CONSPIRACYRevolutionary Ban: Hackney Council to Block 75% of Streets From Motorized Traffic To Curb Air PollutionHackney council has announced plans to ban through motorized traffic from 75% of its streets in an effort to reduce air pollution, a plan that will allow electric vehicles, bicycles, emergency vehicles and garbage trucks through and will be implemented in the next three years.
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23 hours ago: TORRENTFREAKSEC Accuses Justin Sun and BitTorrent of Fraud and Unregistered Crypto Asset Securities SaleThe Securities and Exchange Commission (SEC) has charged Justin Sun and three wholly-owned companies, including BitTorrent, for unregistered offer and sale of crypto asset securities and fraudulently manipulating the secondary market for TRX, through extensive wash trading, as well as charging eight celebrities for promoting TRX and BitTorrent without disclosing they were being paid to do so.
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yesterday: THE VOLOKH CONSPIRACYIdaho Supreme Court Rules in Favor of Defendant: Drug-Sniffing Dog 'Trespassed' on Car, Violating Fourth AmendmentThe Idaho Supreme Court has suppressed evidence gathered from a police search of a vehicle because Nero, a drug-sniffing police dog, "trespassed" by "intermeddling" with the vehicle, preventing the police from conducting a warrantless "search."
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yesterday: THE VOLOKH CONSPIRACYStanford Dean advocates for institutional neutrality in controversial letter regarding diversity and inclusionThe article argues in favor of institutional neutrality, stating that institutions like law schools have moral reasons to stay silent on important moral questions and that their commitment to diversity, equity, and inclusion should not take the form of making frequent institutional statements on social and political issues or excluding or condemning speakers with different views, as this would create an institutional orthodoxy that is not in line with the core commitment to academic freedom and would ill prepare students to act as effective advocates in a society that disagrees on many important issues.
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yesterday: THE VOLOKH CONSPIRACYStanford Law Dean Jennifer Martinez sets an example for free speech and civility in academiaThe article discusses the recent disruption of Judge Kyle Duncan's speech by students and the response of Stanford Law School's Dean Jennifer Martinez, emphasizing the need for more diversity and inclusion of right-of-center views in academia to promote civil discourse.
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yesterday: THE CRIME REPORTDomestic Violence Case Against 'Rick and Morty' Co-Creator Thrown Out, But Reports of Sexual Misconduct and Inappropriate Behavior AriseThe domestic violence charges against Justin Roiland, co-creator of "Rick and Morty," have been dismissed due to insufficient evidence, but allegations of sexual misconduct and inappropriate messages to fans were reported.
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yesterday: ELECTRONIC FRONTIER FOUNDATIONFederal officials violating your rights to record? You should be able to sue - why the Supreme Court's decision is hurting civil rights and what can be done to expand them.The Supreme Court is chipping away at the Bivens right to seek damages from federal officials, making it harder for individuals to sue for civil rights violations and proving the need for the creation of new laws that would expand Bivens, not limit it, allowing individuals to hold the government accountable.
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yesterday: ABOVE THE LAWPaul Hastings' Hiring Spree: How Many Lateral Partners Has Biglaw's Newest Team Member Brought On Board?The article poses a trivia question asking how many lateral partners Paul Hastings has added since January 2022 from notable firms, with a hint that the firm plans to continue expanding, especially in finance, private equity, M&A, capital markets, litigation, and real estate.
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yesterday: ABOVE THE LAWNavigating the Digital Frontier of Taxation: Tips for Solo and Small Firm Lawyers in the Web 3.0 EraThe shift to a more digital economy presents a unique set of issues when it comes to taxation on legal services by lawyers who start or operate their own firms, including tax deductions for tech tools, taxes related to virtual legal services and contractors in different states and countries, tax payments related to flat fees and traditional retainers and crypto payments.
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yesterday: TECHNOLOGY & MARKETING LAWBLOGExploring the Copyright Claims Board (CCB) Opt-Outs: A Comprehensive Analysis- Part 1 of 3The first part of a three-part series looks at the Copyright Claims Board (CCB) and some of its outcomes, including the fact that, as of March 15, 2023, 21 respondents have opted out of the CCB proceedings, with photographs making up the majority of the works involved in opting out and most of the infringement taking place on websites.
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yesterday: ABOVE THE LAWActor LeVar Burton Gives Keynote at Legalweek Conference and Urges Companies to Prioritize Diversity for Improved OutcomesActor LeVar Burton speaks at the Legalweek conference in New York City, encouraging companies to diversify their environments, workforces, and efforts to increase richness of participation and ultimately produce the best outcomes for their enterprise.
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yesterday: WEINTRAUB|TOBINMaking Strides for Employee Rights: Los Angeles Implements Fair Workweeks for Retail WorkersThe Los Angeles Fair Work Week Ordinance requires retail businesses with more than 300 employees worldwide to provide written good faith estimates of employee work schedules before hire and within 10 days of an employee’s request, while also providing the right to request a preference for certain hours, times, or locations of work, and must provide written schedules for at least 14 calendar days before the start of the work period, offering work to current employees before hiring new ones, and implementing predictability pay.
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yesterday: ABOVE THE LAWNew Jersey Law Student Sues Town and Officials Over Alleged First Amendment Suppression and ConspiracyAngela Reading, a New Jersey mother and Villanova Law student, has sued her Jersey town, local police chief, school superintendent, and military officials, alleging a “conspiracy” to “suppress” and “chill” her free speech rights over “Math Night” posters created by elementary school students with “polysexual,” “pansexual,” and “genderqueer” as part of the district’s “Week of Respect,” leading to Reading posting on Facebook and receiving backlash.
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yesterday: TORRENTFREAKAnti-Piracy Group BREIN Forced to Adapt Tactics After Losing Battle Against Largest Dutch ISP Ziggo.Dutch anti-piracy group, BREIN, has lost its case against Ziggo, the largest ISP in the Netherlands, which refused to cooperate with BREIN’s plans to monitor and warn some of the most active BitTorrent uploaders about illegal sharing, and as such, BREIN is considering adapting its “FLU” protocol to file more concrete claims against prolific uploaders facing a potential fine for their wrongdoing.
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yesterday: ABOVE THE LAWDC Circuit Court Upholds Judge's Order For Trump Lawyer to Provide Docs to Special Counsel Despite AppealFormer US President Donald Trump's appeal to nix Judge Beryl Howell's request for Evan Corcoran to testify to the grand jury and hand over client communications has been denied by the DC Circuit court.
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yesterday: SCOTUSBLOGSupreme Court of US hears arguments in Coinbase v. Bielski regarding litigation propriety during appeals seeking arbitration.The justices of the Supreme Court of the US held a hearing on Coinbase v. Bielski, in which they are asked to decide what a trial court should do if it denies the defendant's motion for arbitration, with one faction of justices, including Sonia Sotomayor and Ketanji Brown Jackson, appearing to side with the customers while Brett Kavanaugh, Samuel Alito and Neil Gorsuch emphasised the defendants' right to stay in litigation.
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yesterday: THE CRIME REPORTFBI Fugitive Hangs Out of Manhattan High Rise in Dramatic StandoffA man wanted by the FBI for fraud allegedly threatened to jump from a 31st-floor high-rise apartment building in midtown Manhattan on Wednesday, prompting a high-rise standoff that lasted well through the afternoon.
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yesterday: ABOVE THE LAWSupreme Court Weighs in on Rover's Rights: Can 'Crappy Toys' Be Protected Speech?The US Supreme Court is considering the legal dispute between Jack Daniel's and VIP Products, as Jack Daniel's appeals a lower court's ruling that the "Bad Spaniels" chew toy is an "expressive work" protected by the First Amendment, though Chief Justice Kagan believes it is a commercial product that is not a First Amendment case.
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yesterday: VÖLKERRECHTSBLOGSubmit Your Research and Get Published in the 2023 Issue of Anglo-German Law Journal: Early Career Researchers & Law Students Don't Miss the Chance to Win 30€ Reward!The Anglo-German Law Journal is now accepting submissions for its 2023 issue and is offering early career researchers and law students the opportunity to publish their research with a reward of 30€ upon successful submission, with articles to focus on topics of comparative law issues or current developments in Germany and the UK, and may be submitted in either English or German.
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yesterday: VÖLKERRECHTSBLOGJoin the Rhineland Lecture at University of Bonn for Dr. Thamil Venthan Ananthavinayagan's Talk on 'German Angst: facing colonial reverberations and legal repercussions'Dr. Thamil Venthan Ananthavinayagan will give a lecture on the topic ‘German Angst: facing colonial reverberations and legal repercussions’ at the Rhineland Lecture in International Law, which will take place at the University of Bonn's Institute's library and will also be available via Zoom.
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yesterday: ABOVE THE LAWFormer Biglaw Attorney Faces Suspension and Fine for Illegal Insider TradingFormer Cozen O’Connor attorney William Gericke has been suspended from practicing law in Pennsylvania for one year and fined $20,000 by the Securities and Exchange Commission for buying stock in a client company before its merger with another firm was announced, conduct which he subsequently admitted was illegal insider trading.
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yesterday: ABOVE THE LAWMissouri Supreme Court Faces Backlash over Lenient Punishment for Lawyer Who Assaulted Clients.Dan K. Purdy, a defense attorney in Missouri who sexually assaulted six clients, has been indefinitely suspended from practicing law but is allowed to apply for reinstatement after just one year, which has been deemed insufficient by some judges.
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yesterday: THE VOLOKH CONSPIRACYJustice Alito admits to questionable legal education after questioning about doggy toy resembling Jack Daniels during oral argumentThe article is about a fun IP case in which a doggy toy that resembles a bottle of Jack Daniels whisky is at center stage; the author shares an exchange between Lisa Blatt and Justice Alito during an oral argument over the prominence of VIP Products, and the fact that the duo went to law school.
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yesterday: ABOVE THE LAWWhy Nurturing Smaller Clients Could be the Key to Unlocking Growth and Revenue for Law Firms.Lawyers who are willing to offer fee flexibility and adapt to the needs of smaller clients can help nurture those clients who may one day expand, bringing larger sources of revenue for a law firm through additional legal services, solid referrals, or networking groups, with many startup companies interacting with one another.
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yesterday: FINDLAWTexas Man Sues Women for 'Murder' in Helping Ex-Wife Get Abortion PillsA man in Texas has filed a lawsuit that claims women who assisted his ex-wife in obtaining abortion pills have "committed the crime of murder" and seeks $1 million in damages from each of them, with the lawsuit being one of the first major challenges under a state abortion ban since the U.S. Supreme Court overturned Roe v. Wade, with legal experts disagreeing on the lawsuit's chances of winning the recognition of "fetal personhood" in Texas law, although it's important to note that the plaintiff's lawyer is the former Texas solicitor general who devised the state abortion bounty law, which gives citizens the power to collect $10,000 "bounties" if they successfully identify anyone who aids and abets abortions by physicians.
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yesterday: THE VOLOKH CONSPIRACYCyberlaw Podcast Predicts Impact of GPT4: Introducing the 'Chatbot Lawyer' and Discussing Cybersecurity Regulations and Government IT InfrastructureThe Cyberlaw Podcast discusses the likely impact of GPT4, from Silicon Valley to China, and also covers topics such as cybersecurity regulation for cloud providers and the mess created by "18F" in bringing Silicon Valley's culture to the government's IT infrastructure.
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yesterday: ABOVE THE LAWTrump in Legal Battle to Protect Attorney-Client Privilege Amidst Filing of AppealsThe DC Circuit has administratively stayed the district court’s March 17, 2023 order on Donald Trump’s retention of government records pending further order of the court, which requires Evan Corcoran, Trump’s lawyer, to testify more fully against the president.
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yesterday: ABOVE THE LAWDeceptive tactics in religious and political fundraising: Is it fraud or just a grey area?The author expresses concern over churches and politicians using deceptive fundraising tactics, and suggests that while fraud may be difficult to prove in these cases, people should still be vigilant in monitoring their donations.
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yesterday: ABOVE THE LAWU.S. News Releasing New Law School Rankings Despite Over 40 Schools Revolting Against MethodologyU.S. News & World Report will release its new Best Graduate Programs rankings on April 18 despite over 40 law schools withdrawing from participating in the rankings following a revolt against the institution started by Yale Law School in mid-November due to criticism of their methodology.
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yesterday: LAWSITESSurvey Reveals Legal Professionals Consider Usage of Litigation Analytics as Essential for their Work, says Lex Machina.A survey by legal analytics company Lex Machina has concluded that seven out of 10 legal professionals are using analytics in their day-to-day work, and that 79% believe that the use of analytics is required by or expected by their clients.
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yesterday: THE VOLOKH CONSPIRACYRevolutionary News: FDA gives the green light to Lab-Grown Chicken produced by GOOD MeatGOOD Meat, a company that produces meat from chicken cells without slaughtering them, has received a "no questions" letter from the US Food and Drug Administration, allowing it to scale up manufacturing and introduce the product to American consumers after getting Department of Agriculture approval.
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yesterday: ABOVE THE LAWLegal Blow to LGBT Families: Pennsylvania Court Excludes Non-Biological Lesbian Parent from Parental RightsA ruling by the Superior Court of Pennsylvania has denied parental rights to a woman who was not genetically related to a child carried by her legally married wife, causing concern for same-sex couples and families formed through assisted reproductive technology across the US.
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yesterday: THE VOLOKH CONSPIRACYHyundai and Kia Cars 2010-2021 Models Targeted by Youngsters on TikTok. Government Officials Demand Action from Automakers and Social Media Giant.Young people are stealing certain Kia and Hyundai models manufactured between 2010 and 2021, with some of the thefts sparked by a viral video challenge on TikTok, leading officials to blame car manufacturers and TikTok for not doing enough to prevent these thefts.
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yesterday: ABOVE THE LAWGeorgia attorney William McCall Calhoun found guilty in January 6th U.S. Capitol riot caseGeorgia attorney William McCall Calhoun has been found guilty on multiple charges for his role in the January 6th U.S. Capitol riot, including felony obstruction of an official proceeding and misdemeanor charges of entering and remaining in a restricted building or grounds; disorderly and disruptive conduct in a restricted building or grounds; disorderly conduct in a Capitol building; and parading, demonstrating or picketing in a Capitol building.
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yesterday: ABOVE THE LAWIRS Considers Taxing NFTs: Potential Implications for Collectors and DealersThe IRS is seeking comments on how to treat non-fungible tokens (NFTs) for tax purposes and is contemplating treating them as "collectibles", with potential tax implications for long-term holders and full-time dealers, and will determine whether an NFT is considered a collectible by applying a "look-through" analysis that examines the asset's ownership rights, while seeking input on factors such as NFT definitions, whether NFTs can be considered works of art, tangible personal property or both, and other helpful guidance.
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yesterday: THE VOLOKH CONSPIRACYPinball: The Game-Changing Documentary on the Brink of LegalizationPinball: The Man Who Saved the Game, a documentary made by Austin and Meredith Bragg tells the story of how pinball was illegal in New York from the early 1940s until 1976, and the film is available for streaming on various platforms.
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yesterday: THE VOLOKH CONSPIRACYNew Study Debunks Widely Cited Conspiracy Theory Claim - Believers Not as 'Kooky' as We Thought?A widely cited study suggesting that people who believe in one conspiracy theory are more likely to believe in another, contradictory theory has been challenged by a new study which shows that the original study's conclusions were likely to be a statistical artifact that resulted from not focusing on those who both endorsed and rejected each conflicting theory.
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yesterday: ABOVE THE LAWLawmakers call for transparency in the Supreme Court’s Dobbs leak investigation amidst new revelations.Michael Chertoff, Sam Alito's former colleague, has been secretly advising the Supreme Court on several security consulting projects, including the Dobbs v. Jackson Women’s Health leak investigation, leading lawmakers to ask for additional clarification on his company's work and advocating for transparency and accountability in the Court.
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yesterday: THE VOLOKH CONSPIRACYPinball: The Man Who Ended New York City's Ban on the Beloved Game - The Bragg Brothers Reveal the Libertarian Message Behind Their New Film.The Bragg brothers talk about their new movie, Pinball: The Man Who Saved the Game, which explores the story of how pinball was illegal in New York for over 30 years and the libertarian message behind the film.
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yesterday: ABOVE THE LAWWhy The 'Surprise Billing Protection Form' Undermines The No Surprises Act, Keeping Advocates Up At NightThe No Surprises Act, which protects Americans from surprise medical bills, is being undermined by providers who ask patients to waive these protections through the "Surprise Billing Protection Form," which, although marketed as a way to facilitate treatment from non-network providers, takes away the patient's legal rights to contest the treatment, making it necessary for health plan providers to track patients who sign it to avoid surprise billing instances.
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yesterday: LAWSITESLaw.com Radar Now Covers Over 100 State Courts and Adds Daily Case Reports for Lawsuit Alerts!ALM's legal news site Law.com Radar expanded to cover more than 100 state courts and added daily case reports and lawsuit alerts, without any additional charge for now, to its previous coverage of federal court litigations and Delaware Court of Chancery, according to Vanessa Blum, senior director of ALM Newsroom Innovation.
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The Volokh Conspiracy
The Volokh Conspiracy is a group blog that covers legal and political issues from a libertarian and conservative perspective. The blog is widely regarded as one of the most influential legal blogs on the internet, and its contributors are often quoted in the media and cited in court decisions. The blog has won numerous awards and has been recognized as one of the top law blogs by publications such as the ABA Journal and the American Lawyer.
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The Crime Report
The Crime Report (TCR) is the nation’s only comprehensive news service covering the diverse challenges and issues of 21st century criminal justice in the U.S. and abroad. Staffed by working journalists in New York, Washington and Los Angeles, it is published daily through the year by the Center on Media, Crime and Justice at the John Jay College of Criminal Justice in New York.
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weintraub|tobin
Weintraub Tobin is an innovative provider of sophisticated legal services to dynamic businesses and business owners, individuals, emerging companies, and nonprofits. More than 80 attorneys serve U.S. and global clients’ business law and litigation needs.
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