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Board of Immigration Appeals Break Rank
In a rather startling postscript to the two-part story on the marriage rights of transgendered persons that ran in the June and July issues of this newsletter, we now have this to report: A branch of the federal government has declared valid for the purpose of recognition of immigration status the marriage of a female-to-male postoperative transsexual to a woman. The case, In re Jose Mauricio Lovo-Lara, 23 I&N Dec. 746 (BIA 2005) Interim Decision #3512, came before the U.S. Board of Immigration Appeals (BIA) after a decision from the director of the Nebraska Service Center (NSC) denied Lovo-Lara a visa based on his marriage to Gia Teresa Lovo-Ciccone, a male-to-female post-operative transsexual.
Factual Background
Petitioner Gia Teresa Lovo-Ciccone was born a male in 1973 in North Carolina. According to an affidavit submitted by the petitioner's physician, in Sept. 2001 the petitioner had surgery that changed her sex designation completely from male to female. The petitioner and the beneficiary of the visa petition, Jose Mauricio Lovo-Lara, were issued a marriage certificate and were duly married in North Carolina in September 2002.
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.
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?