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Commission Weighs New Family Law-Related Acts
Although family matters are historically a concern of state law, there are numerous instances in which uniformity may be desirable or even essential. In fact, many of the current laws and procedures that affect domestic relations are based on uniform model laws. For instance, many states' divorce statutes are variations on the Uniform Marriage and Divorce Act. And all family law practitioners are aware of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which has now been enacted in 49 states as the successor to the Uniform Child Custody Jurisdiction Act that was in effect in all 50 states. This act has significantly reduced the number of interstate custody disputes. Practitioners may not, however, be aware of the process by which these uniform acts are promulgated.
The Uniform Law Commission
The Uniform Law Commission was established in 1892. It is an organization that is made up of practicing lawyers, judges, legislators and legislative staff and law professors who come together to draft and promote the enactment of uniform laws. These uniform laws must then be enacted by state legislatures.
The members of these various committees are appointed by state governments and serve without compensation. In the area of family law, there is also a specially designated committee that monitors the activity of NCCUSL on uniform and model acts that are family law-related. This committee, known as the Joint Editorial Board on Uniform Family Law (JEB-UFL), is made up of Uniform Law Commission members, American Bar Association members and American Academy of Matrimonial Lawyers members, together with liaisons from a number of other entities such as the Association of Family and Conciliation Courts. The board is responsible for monitoring all uniform and model acts that are family law-related. This body makes recommendations concerning the work of other committees on family law matters. It may recommend that the Uniform Law Commission leadership undertake the study of the desirability of a uniform law in a particular area. For instance, recently the JEB-UFL suggested that arbitration may be an appropriate topic for a uniform family law.
Next month, we will look at some of the initiatives the Uniform Law Commission is working on, including a proposed Deployed Parents Visitation and Custody Act that aims to ease the problems experienced by deployed military members and their families, and changes to the Uniform Premarital and Marital Agreements Act (UPMAA).
Mary Kay Kisthardt is a professor at the University of Missouri-Kansas City School of Law. She can be reached at [email protected]. Barbara Handschu is special counsel to Dobrish Zeif Gross in New York. She can be reached at [email protected]. This article also appeared in the National Law Journal, a ALM sister publication of this newsletter.
Although family matters are historically a concern of state law, there are numerous instances in which uniformity may be desirable or even essential. In fact, many of the current laws and procedures that affect domestic relations are based on uniform model laws. For instance, many states' divorce statutes are variations on the Uniform Marriage and Divorce Act. And all family law practitioners are aware of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which has now been enacted in 49 states as the successor to the Uniform Child Custody Jurisdiction Act that was in effect in all 50 states. This act has significantly reduced the number of interstate custody disputes. Practitioners may not, however, be aware of the process by which these uniform acts are promulgated.
The Uniform Law Commission
The Uniform Law Commission was established in 1892. It is an organization that is made up of practicing lawyers, judges, legislators and legislative staff and law professors who come together to draft and promote the enactment of uniform laws. These uniform laws must then be enacted by state legislatures.
The members of these various committees are appointed by state governments and serve without compensation. In the area of family law, there is also a specially designated committee that monitors the activity of NCCUSL on uniform and model acts that are family law-related. This committee, known as the Joint Editorial Board on Uniform Family Law (JEB-UFL), is made up of Uniform Law Commission members, American Bar Association members and American Academy of Matrimonial Lawyers members, together with liaisons from a number of other entities such as the Association of Family and Conciliation Courts. The board is responsible for monitoring all uniform and model acts that are family law-related. This body makes recommendations concerning the work of other committees on family law matters. It may recommend that the Uniform Law Commission leadership undertake the study of the desirability of a uniform law in a particular area. For instance, recently the JEB-UFL suggested that arbitration may be an appropriate topic for a uniform family law.
Next month, we will look at some of the initiatives the Uniform Law Commission is working on, including a proposed Deployed Parents Visitation and Custody Act that aims to ease the problems experienced by deployed military members and their families, and changes to the Uniform Premarital and Marital Agreements Act (UPMAA).
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.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.