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Landmark Nebraska Decision
On May 12, 2005, a federal trial judge in Nebraska struck down what has been called the most extreme of the anti-gay family laws in the nation. Citizens for Equal Protection, Inc., v. Bruning, – F. Supp. 2nd – , 2005 WL 1126834 (D. Neb. 2005). Passed by Nebraska voters in 2000, the ballot initiative that was known as “Measure 416″ became Section 29 of the Bill of Rights of the Nebraska constitution. In addition to limiting marriage to a man and a woman, the measure provided that the “uniting of two persons of the same sex in a civil union, domestic partnership, or other similar same-sex relationship shall not be valid or recognized in Nebraska.”
Plaintiffs challenged the law under the United States Constitution as a violation of the Equal Protection Clause and the prohibition on Bills of Attainder. The equal protection claim rested in part on the United States Supreme Court's analysis in Romer v. Evans, 517 U.S. 620 (1996), in which the Court struck down an amendment to the Colorado Constitution that barred any laws that protected against discrimination based on sexual orientation. Plaintiffs argued that for the purpose of equal protection the Colorado and Nebraska provisions could not be distinguished, and the Court agreed. The Bill of Attainder claim rested in part on the assertion that Section 29 was a law that singled out lesbians and gay men for punishment, and the Court here also agreed.
Equal Right of Access to Political Process
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?