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A Call for Uniformity in Law Guardian Practice
The current climate of earnest review of practices in the matrimonial field makes a revamping of the state's law guardian practice exquisitely timely. Some swear by the use of law guardians, while others may swear at it. The disparity in views can be attributed to the disparity in practices, from department to department, county to county, court to court, and case to case. There is disparity in the training of law guardians, and most unjustly, a disparity based on the parties' finances and ability to pay. To put it simply, any inconsistency in how 9-year-old Michael Byrne's lawyer in Buffalo works from how Mikhl Bernstein's lawyer in Brooklyn operates is an inconsistency waiting to be rectified, and some proposals therefore are offered herein.
Several premises must be accepted from the beginning: 1) There is a compelling need for law guardians in hotly contested custody and visitation matters; 2) The role of the law guardians must be uniform throughout the state, and there is a need for statewide protocols defining that role in a uniform way; 3) Training for law guardians must be consistent, including “advanced” training for special issues, such as cases where there is a drug addicted parent, an immigration issue or a special needs child; and 4) There must be an absolute mandate for pro bono or low-paid appointments by all the people who accept the much more lucrative ones.
The Law Guardian's Role
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.