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Justices' Silence on Marriage Rights Speaks Volumes
By declining on Oct. 6 to take up any of the same-sex marriage cases pending before it, the U.S. Supreme Court defied the conventional wisdom that it finally would resolve the debate over the constitutionality of state bans on those marriages.
Experienced high-court practitioners hesitate to speculate about why the justices take certain actions. But those advocating marriage equality tended to agree that, in denying review, the high court sent a clear signal that a majority thinks those bans are unconstitutional. “The Supreme Court may feel the federal judges are all coming to the same conclusion and [that] it's not necessary to intervene,” suggested Theodore Olson of Gibson, Dunn & Crutcher, co-lead counsel in one of two Virginia challenges. “It sends a fairly strong signal that federal judges who have ruled in favor of marriage equality are getting it right.”
However, Byron Babione, senior counsel with Alliance Defending Freedom, defending bans in Virginia and Oklahoma, vowed that the marriage battle would continue. “Several federal courts, including those in the Fifth, Sixth, Eighth and Eleventh circuits, still have cases working their way to the Supreme Court,” he said. “The people should decide this issue, not the courts.”
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.
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.
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.
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?