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New York: Law Enforcement Liability in Domestic Cases
On June 27, the U.S. Supreme Court rendered its decision in Town of Castle Rock v. Gonzales, 2005 U.S. LEXIS 5214, the civil rights case that asked whether a court-issued domestic restraining order, whose enforcement is mandated by a state statute, creates a property interest protected by the due process clause of the Fourteenth Amendment. The Supreme Court's decision reversed the Tenth Circuit Court of Appeals' finding that the restraining order, coupled with the Colorado statute mandating the enforcement of such orders (see Colo. Rev. Stat. ' 18-6-803.5(3)), established a protected property interest in the enforcement of the restraining order which could not be taken away by the government without procedural due process.
Case Review
The case was brought by Jessica Gonzales, the mother of three girls kidnapped by their father and killed. At the time of the girls' murder, Gonzales held a restraining order against their father's coming in contact with them except under certain circumstances. Over the course of several hours on the night the girls were kidnapped, Gonzales attempted numerous times to convince the local police to enforce the order and return the children to her. The police failed to act. In the early hours of the following morning, the father pulled into the police station parking lot and engaged the police in a gunfight. After he was shot and killed, the girls were discovered in the back of their father's truck, all dead, having been killed earlier in the evening.
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 Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?