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Celebrating 25 Years of the ADA
When George H.W. Bush signed the Americans with Disabilities Act into law on July 26, 1990, its proponents believed that it would have a sweeping impact for disabled workers. Bush himself described the law as an “historic new civil rights act.” Yet, over the next decade and a half, judicial decisions steadily narrowed the categories of conditions that qualified as “disabilities,” and thus excluded many individuals from protection under the ADA. With the passage of the ADA Amendments Act on Jan. 1, 2009, Congress attempted to halt and overcome court decisions that had improperly limited the scope and intent of the ADA; and did so by expanding protections for individuals with disabilities. With July 26, 2015, marking the 25th anniversary of the ADA, disabled Americans have reason to celebrate as recent court decisions have strengthened and broadened their protections under the ADAAA.
1990-2008: Judicial Decisions Improperly Narrow the Scope of the ADA
In major Supreme Court cases such as Sutton v. United Air Lines Inc., 527 U.S. 471 (1999), and Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002), the Supreme Court allowed employers to discriminate against those employees whom Congress had drafted the ADA to protect, leaving many people without recourse after being fired for having conditions that their employers could, and should, have accommodated.
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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.
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?
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.