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There's a new conservative political administration in Washington, DC, and at press time, as we await the confirmation of a ninth Supreme Court Justice — one who, no doubt, will lean right — questions concerning the changes to come are swirling. From civil rights to health care insurance coverage to a woman's right to choose, attempts to change the status quo are not only possible, but probable.
With this climate in mind, we look at a recent case decided in the Supreme Court of Alabama that concerns questions of the personhood of a nonviable fetus for purposes of a wrongful death action. Stinnett v. Kennedy, 2016 Ala. LEXIS 148 (Alabama, 12/30/16). In Stinnett, the Alabama high court reinstated a dismissed wrongful death cause of action and returned it to the lower court for trial on the issues. This one has the potential not only to increase the risk of liability for obstetricians and other health care providers whose actions adversely affect an unborn child, but also to serve as a vehicle for a realigned Supreme Court to revisit Roe v. Wade.
A Mistaken Diagnosis?
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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.
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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?