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Massachusetts Is Forced to Fight
The first of the anticipated lawsuits by municipalities and individuals against Massachusetts Governor Mitt Romney's decision not to allow out-of-state same-sex couples to marry there were filed last month. Just prior to the May 17 court-ordered start date for Massachusetts to issue marriage licenses to gay and lesbian couples, Romney told town clerks that because of an obscure law enacted in 1913, they could not issue such licenses to out-of- state couples who did not intend to move to Massachusetts if those couples would not be allowed to marry in their home states. Since no other state allows gay marriages, this meant no out-of-state same-sex couple could be issued a license to marry in Massachusetts.
In response, several towns in Massachusetts are joining in a suit seeking to overturn the governor's ban, claiming that his interpretation of state law unlawfully requires them to discriminate. Several towns had initially issued licenses to out-of-state couples in defiance of Romney's decree, but the Governor refused to record them, rendering those marriages invalid. Now, all municipalities in Massachusetts are following the Governor's orders. The suit by the towns seeks an injunction against enforcement of the 1913 law, saying the court decision that ordered the state to allow same-sex couples to marry overrides that law. In addition, it points out that town clerks have for years not been required as a prerequisite to issuing a marriage license to ask couples about their citizenship or of their intentions to move to Massachusetts. Among other things, towns are concerned that they will be required to defend against suits brought by out-of-state same-sex couples that are refused licenses in their jurisdictions.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.