Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Same-Sex, Gay Adoption Panelists See Progress Ahead
In a recent panel discussion, scholars who disagree about the advisability of allowing same-sex couples to adopt children nonetheless concurred that courts are likely to maintain their support of adoption and child custody by LGBT couples. The American Constitution Society for Law and Policy (ACS), a progressive organization of attorneys and legal scholars, brought together a panel of noted experts on LGBT laws to discuss developments in adoption and custody, and what they might mean for broader rights for same-sex couples and individuals.
Guided by moderator Suzanne Goldberg, law professor at Rutgers School of Law-Newark, four panelists considered this basic question: Should parenting law distinguish between gay and non-gay parents? Adoption, foster care, and custody color the debate about same-sex marriage because they raise the issue of the state's interest in treating one group of citizens differently than another. And, as others have observed (see “After Lawrence, Conservatives Make New Case for Federal Marriage Amendment,” infra), opponents of same-sex marriage use the welfare of children as a critical argument against it. So, the panel first discussed whether social science research indicates if same-sex couples are inferior parents, a common justification that opponents of gay adoptions use. Then it looked at other justifications that are cited — such as morality — if social science is unclear. Finally, the panelists predicted how the issue will evolve in the next decade.
'Informal Policies'
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.