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Litigation
At press time, there were just a few weeks to go before Election Day. And same-sex marriage issues remained prominent in many states across the country. Two states already voted this fall to add bans on same-sex marriage to their constitutions, and 11 more states will have voted on constitutional amendments on Nov. 2. In every state except Oregon, polls indicated that the bans would pass with at least 20% voting margins; and even in Oregon, the ban is supported by a majority of voters.
“The majority of Americans support traditional marriage, and that's why there are 13 states going to the polls to amend their constitutions,” said Mathew D. Staver, president and chief counsel of Liberty Counsel, an organization that advocates for laws that maintain the traditional definition of marriage. “[Gay rights advocates] revealed the radical nature of the same-sex marriage agenda [and] escalated the time frame of the same-sex marriage agenda, causing it to move too fast, too soon.”
On the federal level, support for a Federal Marriage Amendment remains substantial. On Sept. 30, the U.S. House voted 227 to 186 in favor of the Federal Marriage Amendment (House Joint Resolution 4220), although that was short of the required two-thirds majority to pass the bill. House Majority Leader Tom DeLay (R-TX) said he will bring the amendment up for vote again in the 2005 session of Congress. “This is only the beginning. I'm telling you, because this body will protect marriage,” DeLay said. “We will take it from here, and we will come back, and we will come back, and we will never give up.”
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.