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The Coronavirus Crisis Provides an Opportunity to Adopt Better Systems for Licensing Lawyers than the Bar Exam

The ABA Journal recently published an article entitled Bar Exam Does Little to Ensure Attorney Competence, Say Lawyers in Diploma Privilege State, describing the experience in Wisconsin, the only state that currently has the “diploma privilege.”  Under the Wisconsin rules, in-state law school graduates can become licensed without taking a bar exam.  These graduates must … Continue reading The Coronavirus Crisis Provides an Opportunity to Adopt Better Systems for Licensing Lawyers than the Bar Exam




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Conversations about Innovations in Teaching, Research and Technology

From pioneer in our field, Jeanne Brett: With the unprecedented and rapid need to switch from face-to-face to synchronous online classes, everyone using exercises and simulations has learned a lot.  iDG, NegotiateUP and NTR  are launching a series of Conversations about Innovations in Teaching Research and Technology held during three Fridays in June (5th, 12th, … Continue reading Conversations about Innovations in Teaching, Research and Technology




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Issuance of Title IX Rules Governing Educational Institutions

The Department of Education today issued the long-awaited rules governing the administration of Title IX in universities and K-12. According to the press release, the “key provisions” of the Department of Education’s new Title IX regulation are: Defines sexual harassment to include sexual assault, dating violence, domestic violence, and stalking, as unlawful discrimination on the … Continue reading Issuance of Title IX Rules Governing Educational Institutions




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The World Is Yours To Change - Play It Your Way

In Conjunction With The Official Release Of "The World Is Yours To Change", J.S.C. Will Host An Online-based Release Campaign Beginning On July 15th, And Running Through To The September 8th Release




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DISKERY WANTS A FEW GOOD BANDS ... AND LINKS!

On-line Site Is Growing And They Are Calling Out To The Public For Help!




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Ovationguitars.com Is Revised For 2019 And Beyond

Ovationguitars.com Is Revised For 2019 And Beyond




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CLOUZINE International Music Magazine Continues To Discover And To Promote Indie Talents From All Over The World. More To Be Featured In Clouzine's Next Issue #17

Clouzine Discovers And Promotes Indie Talents Part Of Discoveries (#16) Tremendous (UK), Jennifer Mlott (USA), And King Fally (Nigeria).






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Chipotle just opened its first drive-thru in Colorado, another one is on the way

"Chipotlanes" are rolling out across the country, at a time when customers can't dine in and want more pickup and delivery options.




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You might need reservations to drive to Maroon Bells this summer with shuttle service “not an option”

With concerns about COVID-19 in mind, the U.S. Forest Service is thinking about swapping public transportation for limited vehicle entry.





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Foley v. Wells Fargo Bank, N.A.

(United States First Circuit) - Affirmed summary judgment against a homeowner's claim that Wells Fargo Bank breached the terms of a federal Truth-in-Lending Act class action settlement. The homeowner claimed that the bank was contractually obligated under the settlement to modify his mortgage contract to help him stave off default. However, the First Circuit held that the homeowner did not qualify for the relief provided in the settlement, agreeing with the district court.



  • Consumer Protection Law
  • Property Law & Real Estate
  • Banking Law

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Rivera-Rivera v. Medina and Medina, Inc.

(United States First Circuit) - Reinstated an employee's claims that she was harassed based on her age and retaliated against in violation of both federal and Puerto Rico law, claims which had been dismissed on summary judgment. The employee argued that there were genuine disputes of material fact. In reversing summary judgment, the First Circuit agreed with the employee's argument that genuine disputes of material fact existed as to certain claims.



  • Labor & Employment Law

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Jimenez-Castaner v. Liberty Mutual Insurance Co.

(United States First Circuit) - Reinstated a lawsuit alleging that an insurance company wrongfully denied coverage to a hospital medical director under a Directors and Officers insurance policy. The insurer argued that the loss was not within the scope of the insurance policy because it pre-dated the policy. Unpersuaded, the First Circuit vacated the entry of summary judgment for the insurer and remanded the case for further proceedings.




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Del Grosso v. Surface Transportation Board

(United States First Circuit) - Rejected a petition for review of a decision of the federal Surface Transportation Board (STB). The basic issue here was whether a local government could regulate certain activities at a rail-to-truck transloading facility. The petitioners, who lived near the facility, argued that the STB did not have exclusive jurisdiction and thus local regulation was permitted. Finding no basis to reverse the STB's ruling regarding the scope of its exclusive jurisdiction, the First Circuit rejected the petition for review.




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US v. Acevedo-Hernandez

(United States First Circuit) - Affirmed the conviction and sentence of a former Puerto Rico superior court judge for receiving bribes and participating in a conspiracy to bribe an agent of an organization receiving federal funds. On appeal, the former judge cited a number of alleged trial and sentencing errors, including the upholding of a witness's invocation of his Fifth Amendment privilege. However, the First Circuit found no reversible error and affirmed.



  • Criminal Law & Procedure
  • Judges & Judiciary
  • White Collar Crime

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Peaje Investments LLC v. Financial Oversight and Management Board for Puerto Rico

(United States First Circuit) - Held that a Puerto Rico Highways and Transportation Authority bondholder did not hold a statutory lien on certain toll revenues. The bondholder contended that, in response to Puerto Rico's financial crisis, the Puerto Rican government was diverting toll revenues to which the bondholder was entitled under a lien and using them for purposes other than paying the bonds. However, the First Circuit concluded that the bondholder held no statutory lien on the toll revenues.




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Financial Oversight and Management Board for Puerto Rico v. Ad Hoc Group of PREPA Bondholders

(United States First Circuit) - Vacated an order denying a request by Puerto Rico Electric Power Authority (PREPA) bondholders for relief from an automatic stay. The bondholders argued that a statute enacted by Congress to address Puerto Rico's financial crisis did not preclude them from obtaining relief so that they could petition another court to place PREPA into receivership. Agreeing, the First Circuit held that the district court erred in concluding otherwise.




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Torres-Pagan v. Berryhill

(United States First Circuit) - Vacated an administrative ruling that terminated the Supplemental Security Income benefits of an individual who had received them since childhood for an intellectual disorder. The plaintiff disputed the medical evidence that the Social Security Administration relied on in concluding that he was no longer disabled after he turned age 18. Finding merit in his arguments, the First Circuit held that the record was insufficient to conclude he was no longer disabled.




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Sexual Minorities Uganda v. Lively

(United States First Circuit) - Held that a defendant who won a summary judgment motion could not appeal to challenge unflattering statements found in the trial judge's opinion. In this tort lawsuit brought by a Ugandan gay-rights organization, the defendant religious leader successfully obtained summary judgment by arguing lack of extraterritorial jurisdiction but then appealed. The First Circuit concluded that a winner cannot appeal a judgment merely because there are passages in the court's opinion that displease him or her.




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Carlson v. University of New England

(United States First Circuit) - Reinstated a university professor's claims that she was retaliated against in violation of Title VII and the Maine Human Rights Act. The professor alleged that she was transferred to a different department and suffered other retaliation after she complained of being sexually harassed by her department chair. Agreeing that genuine disputes of material fact existed, the First Circuit reversed the entry of summary judgment for the university and remanded.




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Medical Mutual Insurance Co. v. Burka

(United States First Circuit) - Held that a professional liability insurer had no duty to defend a physician who was accused of improperly accessing his ex-wife's medical records so he could harass and embarrass her. In this declaratory judgment action, the insurer argued that it had no duty to defend the physician from his ex-wife's legal claims, which had been filed in state courts in Maine and Maryland. The First Circuit agreed that the matters fell outside the insurance policy's coverage, and affirmed summary judgment for the insurer.




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Sihotang v. Sessions

(United States First Circuit) - Granted an Indonesian national's petition for review of a decision denying his motion to reopen removal proceedings. The evangelical Christian, who alleged he would be persecuted based on his religion if returned to his homeland, argued that the Board of Immigration Appeals should have granted his motion to reopen his decade-old removal proceedings, because he had shown a material change in country conditions and had made a prima-facie showing of eligibility for asylum. Finding some merit in his arguments for reopening, the First Circuit vacated and remanded for further proceedings.




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Newman v. Lehman Brothers Holdings Inc.

(United States First Circuit) - Affirmed the dismissal of an employee's claim brought under the whistleblower protection provisions of the Sarbanes-Oxley Act of 2002. An employee of an investment brokerage firm claimed that she suffered retaliation after she reported to her supervisors and a company hotline that she suspected certain coworkers to be in violation of federal securities law. Agreeing with the district court, the First Circuit held that her whistleblower claim failed because she did not exhaust administrative remedies before bringing the claim.




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United Food and Commercial Workers Unions v. Novartis Pharmaceutical Corp.

(United States First Circuit) - Affirmed the dismissal of two putative antitrust class actions alleging that a pharmaceutical company took steps to block the entry of generic versions of its leukemia-treatment drug into the U.S. market. The plaintiffs, including several labor union benefit funds, claimed that the drugmaker engaged in anticompetitive conduct by bringing sham infringement lawsuits against manufacturers trying to enter the market with generic versions of that drug. Dismissing the complaints, the district court held that the plaintiffs had not plausibly alleged their claims, and the First Circuit affirmed.



  • Antitrust & Trade Regulation
  • Health Law
  • Drugs & Biotech

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Harry v. Countrywide Home Loans, Inc.

(United States First Circuit) - Affirmed the dismissal of a homeowners' action to void a mortgage and enjoin their property's foreclosure sale. The lenders argued that the homeowners had waited too long to assert their claims under the Real Estate Settlement Procedures Act, the Truth in Lending Act, RICO and other statutes, because they entered into the mortgage in 2005 and defaulted on it in 2009. The First Circuit agreed that their claims were time-barred, rejecting the homeowners' fraudulent concealment argument and other attempts to escape the time bars.




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Campbell v. Ackerman

(United States First Circuit) - Affirmed a take-nothing judgment in an action alleging mainly that a law enforcement officer unconstitutionally used excessive force while executing a search warrant. The plaintiff challenged the exclusion of certain evidence. The First Circuit rejected her arguments because her grounds for attacking the challenged evidentiary rulings were not advanced below.




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Narragansett Indian Tribe v. Rhode Island Department of Transportation

(United States First Circuit) - Affirmed the dismissal of an Indian tribe's complaint against federal and Rhode Island agencies concerning a highway bridge reconstruction. The tribe argued, at base, that the state of Rhode Island broke a promise to give the tribe three parcels of land as mitigation for the expected negative impact on historic tribal land of an I-95 bridge replacement project. Agreeing with the district court, the First Circuit held that the tribe's claims were barred by federal sovereign immunity and lack of subject matter jurisdiction.




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US v. Ocean

(United States First Circuit) - Affirmed two men's convictions of a conspiracy to distribute cocaine base. The defendants raised a variety of constitutional and evidentiary arguments against their convictions. However, the First Circuit found no error in any of their claims of error.



  • Criminal Law & Procedure

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Punk Pioneers D.O.A. Celebrate 40th Anniversary

New Studio Album Fight Back To Be Released May 1, 2018; 40th Anniversary World Tour




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D.O.A. Headline 1st Annual Fight Back Festival In Vancouver, B.C.

Sudden Death Records Is Proud To Present The First Annual Fight Back Festival, Friday July 6th At The Rickshaw Theater. Vancouver’s Punk Pioneers D.O.A. Who Are Celebrating Their 40th Anniversary Will




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Canadian Rock Band Across The Board Set To Release Second Full Length Album “Sonic Boom”

Toronto-based Rock Band, Across The Board Will Release Their Second Full-length Album, "Sonic Boom" On May 4, 2018. Produced And Recorded In Toronto By MC2 Music Media, The Album Pays Homage To A Band




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JORDAN ST.CYR WINS ARTIST OF THE YEAR AT TALENT CONTEST

Canadian Singer Jordan St.Cyr Has Been Selected As Artist Of The Year At The 1st Annual Christian International Talent Contest.




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Canadian Producer CJ Stain Tackles Social Injustice With Hit Single 'One'

Award Winning Canadian ProduceCJ Stain Tackles Social Injustice With Hit Single 'One' With Gender Culture




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Canadian Celtic Rock Group Fiùran Releases A Wonderfully Refreshing & Haunting New Album

Which Names Spring To Mind When You Think Of Folk Rock Music? Jethro Tull, Perhaps?




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Prince Amine Opens For Maitre Gims - Announces New Album

Canadian Singer Prince Amine Announces New Album And Will Be The Opening Act For Maitre Gims On May 4th




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CANADIAN JORDAN ST.CYR RELEASES NEW SINGLE IN U.S. MARKETS

Canadian Singer Jordan St.Cyr, Who Recently Was Selected As CMUnited’s Artist Of The Year At The 1st Annual Christian International Talent Contest, Is Releasing A New Single To U.S. Christian Radio




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Music Heals Wants To Put Your Band On Stage At SKOOKUM

SKOOKUM And Music Heals Are Partnering On Covers For The Cause, Challenging Musicians To Raise Money To Increase Access To Music Therapy And Play A Major Music Festival




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CANADIAN TRIO BEYOND THE SUN RELEASES A SUMMER POP SMASH STOP

Beyond The Sun, The Canadian Reared Trio Of Brothers, Premiered Their Latest Release STOP On All Major Online Retailers Today.




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Port Stanley’s Own Recording Artist Frank Trousdell Signs Record Deal With Bongo Boy Music Group From St. Thomas, ONT. Canada

Bongo Boy Music Group/Bongo Boy Records Are Very Excited To Sign A Complete Full-length Album By Talented Canadian Recording Artist Frank Trousdell.




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Canadian Americana Artist Tia McGraff Announces August CD Release Party In Windsor, Ontario

Award-winning Canadian Singer-songwriter Tia McGraff Has Announced Her CD Release Party For New Album, "Stubborn In My Blood," (out August 13th.)




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New Single By Frank Trousdell

New On Bongo Boy Music Group / Bongo Boy Records. Frank Trousdell Has Been Labeled " A True Canadian Troubadour" Based On His Songwriting And His Delivery, New Single Release




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Watch these Colorado contestants on “The Price Is Right,” “Jeopardy!”

Looking for TV to watch while stuck at home? Catch Colorado contestants Joe Harrison and Natalie Hathcote on "The Price Is Right" and "Jeopardy!"




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“The Last Dance” director talks project on Michael Jordan’s Chicago Bulls

The series was moved up two months to provide content-starved fans with something new to watch during the coronavirus pandemic. ESPN was originally planning to release the documentary in June, coinciding with what would have been this season’s NBA Finals.





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Brian Dennehy, Tony-winning stage, screen actor, dies at 81

Brian Dennehy, the burly actor who started in films as a macho heavy and later in his career won plaudits for his stage work in plays by William Shakespeare, Anton Chekhov, Eugene O’Neill and Arthur Miller, has died. He was 81.