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The U.S. Supreme Court on April 22 voted, 6-2, to uphold Michigan's ban on state affirmative action programs, finding that the court has no authority to set aside the measure approved by voters.
Justice Anthony Kennedy wrote the main opinion for a fractured court. In announcing the ruling, Kennedy said the decision is “not about the constitutionality or merits” of affirmative action generally. Read the court's opinion'here.
Justice Sonia Sotomayor read from her dissent, which was joined by Justice Ruth Bader Ginsburg. In her 58-page dissent, Sotomayor said the court “eviscerates” a key equal-protection guarantee that government should not make it harder for minorities to participate in self-government. Justice Elena Kagan recused in the case, probably because she was involved in the litigation at earlier stages as solicitor general at the U.S. Department of Justice.
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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 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.
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.
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?
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.