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Big Changes in Child Protection Policies?
On September 23rd, the U.S. Court of Appeals for the Second Circuit certified to the New York Court of Appeals three questions for clarification whose answer could become of major importance to New York child-welfare professionals and the families they work with. The responses to these questions and the ultimate decision in this case could have a significant impact on the way in which children can be removed from homes where one adult has domestically abused another.
In this interlocutory appeal in the case of Nicholson v. Scoppetta, N.Y.L.J. 9/23/03, DOI Pg. 26, the City of New York and its chief child-welfare administrator challenged the determination of the U.S. District Court for the Eastern District of New York (Weinstein, J.) that the manner in which they have chosen to carry out the task of protecting children against those who would harm them, intentionally or not, violates the U.S. Constitution. The District Court had found below that the city was at least inattentive to the custom or practice of its officers in removing children from the custody of a parent who had been battered by a spouse or paramour, based on the theory that the battered parent's failure to protect the child from witnessing the abuse was itself a form of child neglect. This practice, the District Court concluded, contravened protected substantive due process and procedural due process liberty interests of parents and children in staying together as a family. That court also held that the removals were unreasonable seizures, contrary to the safeguards of the Fourth Amendment.
The Case in Question
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.
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.
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.
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?