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Freeing Severely Abused Children Just Got Easier
In a decision issued July 2 in a case of first impression, Chief Judge Judith S. Kaye of the Court of Appeals interpreted the Adoption and Safe Families Act (ASFA), enacted in February 1999, to find that it can be applied retroactively to expedite the placement of severely abused children and their siblings. The case, Matter of Marino S., Jr., No. 90, N.Y.L.J. 7/3/03, Vol. 230; Pg. p. 18, col. 1, involved a child who was raped by her mother's boyfriend, and the couple's attempts to cover up the crime.
The Facts
The child, Shaina T., was 8 years old at the time of the rape. Her mother, Raquel T., had been living with her boyfriend, Marino S., for some time. Raquel T. and Marino S. had two children together: Vivian S. and Marino S. Jr. (4 and 2 years old at the time of the crime, respectively). On July 31, 1997, the mother was asleep with her son in the living room when her boyfriend entered the bed where both girls slept and raped the elder one, Shaina. The rapist's own biological daughter, Vivian, was lying in the bed with her stepsister and witnessed the abuse.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
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.