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Massachusetts Is Forced to Fight
The first of the anticipated lawsuits by municipalities and individuals against Massachusetts Governor Mitt Romney's decision not to allow out-of-state same-sex couples to marry there were filed last month. Just prior to the May 17 court-ordered start date for Massachusetts to issue marriage licenses to gay and lesbian couples, Romney told town clerks that because of an obscure law enacted in 1913, they could not issue such licenses to out-of- state couples who did not intend to move to Massachusetts if those couples would not be allowed to marry in their home states. Since no other state allows gay marriages, this meant no out-of-state same-sex couple could be issued a license to marry in Massachusetts.
In response, several towns in Massachusetts are joining in a suit seeking to overturn the governor's ban, claiming that his interpretation of state law unlawfully requires them to discriminate. Several towns had initially issued licenses to out-of-state couples in defiance of Romney's decree, but the Governor refused to record them, rendering those marriages invalid. Now, all municipalities in Massachusetts are following the Governor's orders. The suit by the towns seeks an injunction against enforcement of the 1913 law, saying the court decision that ordered the state to allow same-sex couples to marry overrides that law. In addition, it points out that town clerks have for years not been required as a prerequisite to issuing a marriage license to ask couples about their citizenship or of their intentions to move to Massachusetts. Among other things, towns are concerned that they will be required to defend against suits brought by out-of-state same-sex couples that are refused licenses in their jurisdictions.
The individuals who have filed suit make claims similar to those the towns have made, as well as assertions that their Constitutional rights have been violated.
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 Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.