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The Progressive Lawyer: Decision-Making and the 'Metaphorical Bias Model'
Across the nation, by far the most common setting for deciding domestic relations cases is the bench trial, where the judge sits alone without a jury except in extraordinary circumstance; cases involving domestic torts, for example. In the final analysis, therefore, our judges are our audience. They are certainly more than a passive audience; they are participants in every sense.
That being said, the laws of evidence ' which must be adhered to ' do not, and cannot in their current form, insulate judges from the effects of the information they are exposed to. In considering how we can possibly deal with this reality, we must first reject the idea that thinking is a conscious, rational, linear, verbal process. It clearly is not.
What do all judges ' and every one of us, for that matter ' do without thinking? The answer is that we make decisions and form connections with other people. Most of the time, people have no idea why they are doing what they do ' so they try to make up something that makes sense. We don't do things for a reason. We do the thing decided. Then, we make up reasons about what we've already done. As John Lennon said, “Life is what happens to you while you are busy making other plans.” Well, so are decisions.
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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.