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Federal Civil Justice Reform in the 108th Congress: An Analysis of the Criteria for Legislative Action
Tort reform has been heavily discussed and debated over the last twenty years. Any reform will have an impact on product liability litigation. If one looks over the past two decades, three criteria suggest what initiatives might be successful for federal civil justice reform in 2003. First, there has to be a real problem; second, a clear need for federal action; and third, a fair bill that is in the interests of the public and not a mere bailout for wrongdoers.
The Need For A Real Problem: Almost everyone has concerns about lawsuit abuse. There are too many lawsuits, verdicts are too high, and the rain of lawsuits is hurting everyone's business. Something must be done about it. For Congress to address the problem it must be more than a general complaint about lawsuits; the problem must be very real and very serious. The problem has to have a unique aspect to it that cries out for immediate relief.
In the early 1990s, the general aviation business was disappearing. Companies, such as Piper and Cessna and those that manufactured component parts used on private aircraft, were going out of business. The industry had effectively shut down. It was a real problem. For that reason, it was not surprising that the industry obtained relief in 1994, when President Clinton signed the General Aviation Revitalization Act, an eighteen-year statute of repose.
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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?