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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.
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.