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In The Courts
D.C. Circuit Addresses Plain-Error Review Post-Booker
The D.C. Circuit's opinion in United States v. Coles, No. 03-3113, 2005 WL 783069 (D.C. Cir. Apr. 8, 2005), considered the impact of the United States Supreme Court's decision in United States v. Booker, 125 S. Ct. 738 (2005), which rendered the Sentencing Guidelines advisory rather than mandatory, on plain-error review of sentences.
The defendant, convicted of bribery, fraud and conspiracy, was sentenced by the trial court under the Sentencing Guidelines to 36 months' imprisonment. On appeal, he challenged his sentence on the grounds that his rights were violated under the Sixth Amendment because the sentencing enhancements applied by the trial court were based on facts neither found by a jury beyond a reasonable doubt nor admitted by the defendant. The court, which had not yet considered the issue, held that post-Booker, the “prejudice” inquiry in plain-error review of sentences must determine whether there would have been a materially different result, more favorable to the defendant, had the sentence been imposed in accordance with the post-Booker sentencing regime.
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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
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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?