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Federalism and Same-Sex Marriage
What is the meaning of “federalism” in the context of the same-sex marriage debate? Is it a set of consistent principles, or merely a strategic device capable of being used as both sword and shield by both sides? What limitations might federalism impose on the interpretation and construction of the federal Defense of Marriage Act (DOMA), the state “mini-DOMAs,” the proposed Marriage Protection Amendment, and the multiple state constitutional amendments banning same-sex marriage? Is it conceivable for the same-sex marriage issue ultimately to be resolved without a national solution?
These are some of the questions that distinguished panelists discussed at a recent symposium, “Breaking with Tradition: New Frontiers for Same-Sex Marriage,” sponsored by Yale Law School. Robert Post of Yale Law School was the moderator of the panel discussions.
The Meaning of Federalism
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?