Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
First Decision on DOMA's Constitutionality
Now that Massachusetts allows same-sex marriage, the number of plaintiffs with standing to contest the validity of DOMA should ensure a steady stream of such challenges.
On Aug. 17, a bankruptcy judge in Washington State became the first federal judge in the country to rule on the constitutionality of the federal Defense of Marriage Act (DOMA), 1 U.S.C. ' 7. U.S. Bankruptcy Judge Paul B. Snyder held in In re Kandu, No. 03-51312, 2004 Bankr. LEXIS 1233 (8/17/04) that DOMA was not unconstitutional. And, while it may seem that a law this contentious should have garnered at least a few case-law decisions in the 8 years following its enactment, the Kandu case has become the unlikely first because previous litigants lacked standing; they hadn't actually been married to a same-sex partner. However, debtors Lee Kandu and Ann C. Kandu, two American citizens, were legally married in British Columbia, Canada, on Aug. 11, 2003.
On Oct. 31, 2003, Lee Kandu filed pro se a voluntary bankruptcy petition for relief under Title 11, Chapter 7. Ann C. Kandu was listed on the petition as a joint debtor. On Dec. 5, 2003, the court filed an Order to Show Cause for Improper Joint Filing of unmarried individuals. (Although Ann C. Kandu died in early 2003, her death did not render the case's decision moot under the bankruptcy code.) The remaining debtor, Lee Kandu, filed a Memorandum in Support of Debtors' Joint Filing on April 20, 2004, challenging the constitutionality of DOMA.
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.