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New Paltz Mayor Issued Permanent Injunction
On June 7, Ulster County Supreme Court Judge E. Michael Kavanagh issued an order permanently enjoining Mayor Jason West of New Paltz from officiating at same-sex weddings until such time as state law is changed to allow such marriages. This was the nation's first permanent injunction against a public official's officiating at these cermonies. A few days later, on June 10, Judge Jonathan Katz of Town Court dismissed the 19 criminal charges brought against the Mayor for his actions.
History of the Case
In late February, West, following the wave of civil disobedience that crossed the nation after the city of San Francisco began issuing marriage licenses to same-sex couples in contravention of California code, joined approximately two dozen same-sex partners in marriage in ceremonies conducted in front of New Paltz's town hall. West asserted that his actions were prompted by his oath to uphold New York's constitution, which states that no person “shall be denied the equal protection of the law of this state.” New Paltz's town clerk had refused to issue marriage licenses to the gay couples that applied, a violation, West claimed, of their state constitutional rights.
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.