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Decisions of Interest
Indian Adoption Case Drags On
The Supreme Court of South Carolina ordered its state's family court to finalize the adoption of the child at the center of the drawn-out custody proceedings in which the U.S. Supreme Court determined that the Indian Child Welfare Act (ICWA) does not give superior custodial rights to a Native-American parent who has voluntarily relinquished his rights to custody of his child. Adoptive Couple v. Baby Girl, 2013 S.C. LEXIS 176 (S.C. 7/17/13).
The child in question in this adoption proceeding was born in Oklahoma to a man who is a member of the Cherokee Nation and a non-Indian mother. The father voluntarily gave up all claim to the baby, both before and after her birth, and offered no support. The mother opted to place the child with a potential adoptive couple living in South Carolina. When the birth father learned of the adoption, he sought custody of the child, arguing that the ICWA required that custody be given to him based not only on his biological bond, but also on the child's right to be raised in the Cherokee culture. The South Carolina State Supreme Court concluded that under South Carolina law, a father who gave up his rights to his child could not change his mind and automatically get her back. A best-interests inquiry would be used to determine her placement. However, it found that the ICWA trumped this state-law inquiry, so custody must be given to the father. The U.S. Supreme Court reversed, holding that the father never had custody of the child and that the ICAW therefore did not apply.
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.