Mediator Neutrality: Seeing Both Sides
December 01, 2003
The theory underlying our adversarial legal system is that each person will hire a bright, skilled warrior who will see the situation completely from the perspective of the client, then present the strongest case possible to the judge. The judge will get the best information from each side, but will be neutral. Then the judge will see the situation "from above" and will render a decision that metes out justice and wisdom. But because of our overloaded and burdened court system, most judges do not have the time to get to know the people behind the caseload. People who go through the court system often end up feeling the judge did not really hear their story, and that they were not given a chance to speak.
The Hague Convention and International Child Abduction: An Overview
December 01, 2003
The Hague Convention on the Civil Aspects of International Child Abduction (Oct. 25, 1980, T.I.A.S. No. 11670) is not a vehicle for deciding child access questions. Instead, its main purpose is to ensure that abducted children are returned to their country of habitual residence. It presumes that custody and visitation disputes are properly resolved in the country where the child habitually resides. The Convention applies in cases where: 1) both the country of the child's habitual residence and the country to which the child was taken have acceded to the Convention; 2) the child in question is younger than 16 years of age; and 3) the child has been "wrongfully removed or retained" in breach of rights of custody under the law of the state of the child's habitually residence.
Gay Couples: What's Going On
December 01, 2003
Although at the moment the state of New York is generating very little news on gay family issues, cases in other jurisdictions may eventually have some impact on the state, perhaps as argument when similar issues arise here, or at least with respect to how families formed in other states are treated when they relocate to New York.
Survey Reports Problems with Filing New Fees
December 01, 2003
Cries from practitioners balking at last summer's increase in filing fees appear to have intensified as complaints mount about problems with the collection of those fees. The New York State Bar Association is expected to release the results of a survey to the Office of Court Administration this week, which State Bar President A. Thomas Levin said identifies several criticisms with the new state Supreme Court fees required for filing motions, cross motions and stipulations of settlement and discontinuance.
Canadian MP and Senator Champion Anti-Spam Bills
December 01, 2003
Two bills aimed at establishing strict national anti-spam legislation in Canada expired when the last session of Parliament ended in November without them being enacted, but the legislators who introduced the measures vowed to reintroduce the bills in the next session of Parliament, which is expected to begin Jan. 12, 2004. The bills, as drafted, would subject people who violate the laws to hefty fines, imprisonment, or both.
e-Commerce Sales Up in 3rd Quarter
December 01, 2003
From brick-and-mortar Wal-Marts to boutique e-commerce setups, U.S. e-tail sales were strong in the third quarter, most likely driven by news of increased national productivity and a rosier outlook for the economy.
Are Anti-Trust Laws About to Bite Europe on Its IP Assets?
December 01, 2003
In the Nov. 11 edition of <i>The Wall Street Journal</i>, Ian Harvey, chief executive of tech firm BTG plc, said "if the European Commission were looking for a way to cripple technological innovation in Europe, it could hardly have come up with a better proposal than its proposed rules on technology transfer." Indeed, that proposal will no longer govern merely patents and know-how, but also software-copyright licenses - a move that might very well have a big impact on a variety of e-commerce business models.
Developments of Note
December 01, 2003
Recent developments in e-commerce law and in the e-commerce industry.
