Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Hispanic/Latino LGBT Families in Florida
Adoption by “homosexuals” is specifically prohibited by statute in Florida, and foster care and/or adoption by lesbians and gays is restricted in some manner in Mississippi, Arkansas, Utah, North Dakota, and Oklahoma. Courts have been asked to decide on the constitutionality of such restrictions in recent years, most prominently when the United States Court of Appeals for the Eleventh Circuit upheld the constitutionality of the Florida statute (Fla. Stat ch. 63.042(3)) in Lofton v. Secretary of Dept. of Children and Family Services, 358 F.3d 804 (11th Cir 2004). In that case, the court refused to take sides in what it considered an ongoing public policy debate. Florida statutes also ban same-sex marriage and prevent the recognition of same-sex marriages performed in other states. Fla. Stat ch. 741.04; Fla. Stat ch. 741.212.
Social Science Research
Family lawyers who work with gay and lesbian couples who are seeking to become foster or adoptive parents often rely on social science research to counter assertions that their clients are not fit to be parents. In this light, a recent study by the National Gay and Lesbian Task Force Policy Institute provides valuable new information on an important population sub-group that has never before been sufficiently studied: LGBT Hispanic households. Hispanic and Latino Same-Sex Households in Florida: A Report from the 2000 Census documents the experiences of Hispanic/Latino same-sex households in Florida by analyzing the demographics of this community as captured by the 2000 Census. Specifically, the study compared Hispanic/Latino same-sex couples to white non-Hispanic/Latino same-sex couples, Hispanic/Latino married opposite-sex couples, and Hispanic/ Latino cohabiting opposite-sex couples. The study analyzed statistics in the following areas: basic demographics, employment, immigration and citizenship status, income, home ownership, residential patterns, parenting, military service, and educational attainment.
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.