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Divorce Law and the Same-Sex Marriage Debate
Part One of this article discussed the plight of same-sex couples arising from the debate over the legal status of same-sex relationships. New York has now decided that the state constitution does not compel recognition of marriages between members of the same sex. The state's highest court has left the resolution of the injustices suffered by same-sex couples to the state legislature. Hernandez v. Robles (See article infra). The first part of the article addressed, inter alia, the 400-page report by the NYSBA Special Committee to Study Issues Affecting Same-Sex Couples, the inequitable application of the equitable distribution law and parents' and children's rights upon relationship dissolution. The conclusion herein discusses de facto parents.
'De Facto' Parents
Scenarios like the one seen in Janis C. have played out repeatedly in New York courts, prompting judges in recent cases involving nonbiological 'de facto' parents to urge the N.Y.Court of Appeals and the Legislature to protect the interests of children by recognizing the custody and visitation rights of nonbiological, nonadoptive parents. In Denise B. v. Beatrice R., N.Y.L.J., Sept. 19, 2005, p. 1, col. 6 (Fam. Ct. Suffolk Co.), for example, the court, citing Alison D., denied the petition of a nonbiological lesbian mother for visitation with the child she had reared with her partner for the last 5 years, and with whom she had shared a close and loving relationship since the child's infancy. In doing so, the court openly regretted the 'harsh result' of Alison D., mandated in the case, and suggested that, '[g]iven the frequency with which children today are being raised by and bonding with ' nonmarital homosexual partners, perhaps the time has come for the Court of Appeals to revisit its ruling in Alison D.'
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.