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Custody Litigation: A Psychologist Discusses a Broken System
The first of many model standards appearing in the Association of Family and Conciliation Courts' Model Standards of Practice for Child Custody Evaluation addresses “Custody Evaluation as a Specialization.” (Model Standard 1.1.) Evaluators are reminded that specialized knowledge is required, even where the evaluators are not “conducting evaluations that raise special issues. ' ” In Model Standard 1.2, 18 “ [a]reas of expected training for all child custody evaluators” are enumerated. It is expected that evaluators will develop forensic interviewing skills, will understand (and apply in their work) basic principles of reliability and validity, and will master forensic report-writing.
Few active participants or regular observers of the custody litigation process in the United States would challenge my assertion that the system is broken. Many are responsible for the breaks. This article focuses on evaluators and judges who accept work that, by an objective and reasonable standard, is unacceptable.
Forensic Interviews
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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 Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?