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Abused Children Benefit from Powerful Ruling
New York's highest court, the Court of Appeals, threw a lifeline to abused and neglected children with a powerful ruling that streamlines the adoption process and makes it easier to terminate parental rights in the most severe cases. In an opinion by Chief Judge Judith S. Kaye, the court said the Adoption and Safe Families Act (ASFA) applies retroactively, and therefore officials do not have to make a diligent effort to reunite families before permanently removing children. Also, and perhaps most significantly, the court said that Family Court can rely on derivative findings of abuse – where, for instance, a child witnesses the abuse of a sibling but is not himself or herself attacked – even though such proof is not explicitly recognized in the ASFA.
The decision appears to eliminate potential hurdles that could have prevented or delayed the permanent rescue of children from abusive or neglectful parents. It is not clear how the ruling will be applied in matters with less egregious fact patterns.
Matter of Marino S., Jr.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?