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No Quick Ruling on Gay Marriage
The New York Court of Appeals declined last month to take immediate appeal of two lower court decisions on the issue of gay marriage in the state. One of those lower court decisions found denial of marriage rights to same-sex partners unconstitutional under state law, while the other court found no such barrier to New York's current prohibition against gay marriage.
The Feb. 4 decision by Justice Doris Ling-Cohan of State Supreme Court in Hernandez v. Robles was the first state-level decision in New York in support of gay marriage rights. The case was brought by Lambda Legal, a gay-rights organization, on behalf of five same-sex couples who were denied marriage licenses in New York City. In siding with the plaintiffs in that action, the judge's 62-page decision ordered the state to rewrite its marriage laws to make them gender neutral, replacing the works “bride,” “groom,” “husband,” and “wife” with terms that do not denote one sex or the other.
The other named case advocates attempted to have heard by the high court was Samuels v. New York State Department of Health, in which an Albany County court found same-sex partners did not have a constitutional right to marry.
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?