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After Lawrence
The idea for a Federal Marriage Amendment (FMA) did not suddenly dawn upon Senate Republicans in the summer of 2004, when debate on the amendment began in earnest on the Senate floor. Despite having passed the federal Defense of Marriage Act in 1996, conservatives have long worried about what they believe to be threats to traditional heterosexual marriage posed by campaigners for equal rights and the courts. Their fears peaked in 2003, when the courts struck twice: The U.S. Supreme Court ruled in Lawrence v. Texas that state homosexual sodomy laws are unconstitutional, while the Supreme Judicial Court of Massachusetts in Goodridge v. Department of Public Health ordered state officials to issue marriage licenses to same-sex couples.
In July 2004, the FMA, sponsored by Sen. Wayne Allard (R-CO), reached the Senate floor. As introduced, the amendment read: “Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution, nor the constitution of any State, shall be construed to require that marriage or the legal incidents thereof be conferred upon any union other than the union of a man and a woman.” After 4 days of debate, Republican senators failed to persuade enough of their colleagues to support the FMA; the Senate fell 12 votes short of the 60 needed to invoke cloture on the motion to proceed to the amendment.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
'Insurable Interest' and the Scope of First-Party Coverage
This article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.