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Adoption and Foster Care Remain National Hot-Button Issues
Emboldened by the U.S. Supreme Court's decision in January not to hear a case about the constitutionality of Florida's ban on adoptions by homosexuals, activists in several states are pushing bills to restrict the ability of homosexuals and/or same-sex couples to be adoptive or foster parents. Bills have been introduced in Alabama, Arkansas, Oklahoma, Tennessee, Texas, Utah, and Virginia in the last few months (see below for a description of legislation in each state).
However, LGBT advocates point out that the legislative proposals are meeting significant opposition, and they suggest that the bills might be little more than a “last gasp” by opponents. “We have seen more media attention to the issue recently, but these types of bills have been introduced regularly for a number of years,” said Courtney Joslin, senior staff attorney, National Center for Lesbian Rights. “The important thing to remember is that none of the recent bills have passed. The reason they haven't passed is because people realize they aren't good for kids.”
To be sure, the decision by the Supreme Court in January 2005 not to hear an appeal of Lofton v. Secretary of the Dept. of Children & Family Services No. 01-16723 (11th Cir. 01/28/2004) was a blow to supporters of equal rights for homosexuals. The Supreme Court left standing the opinion by the Federal Court of Appeals for the Eleventh Circuit that upheld a lower court decision that upheld Florida's law that bans adoption (but not foster parenting) by “any homosexual person.”
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.
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?