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Michigan: Marriage Amendment Does Not Affect Partner Benefits
In a significant ruling that rejects the position of Michigan's attorney general, Ingham County Circuit Court Judge Joyce Draganchuk ruled on Sept. 27 in _National Pride at Work, Inc. v. Granholm_, No. 05-368-CZ, that the anti-gay marriage amendment Michigan voters added to their state constitution last year does not ban domestic partnership health benefits for public employees in the state.
The amendment, now art. 1, sec. 25 of the state constitution, was supported by an overwhelming majority of the voters. It states: “To secure and preserve the benefits of marriage for our society and for future generations of children, the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose.”
Seizing on the phrase “for any purpose,” Michigan Attorney General Michael Cox issued an opinion arguing that the amendment bars public employers in the state from providing domestic partnership benefits to their employees. As a result of Cox's opinion, collective bargaining over a demand for domestic partnership benefits for state employees represented by Local 6000 of the United Auto Workers was suspended, and the city of Kalamazoo, which had been providing such benefits to its employees, had announced it would suspend the benefits program, effective Jan. 1, 2006, unless a court ruled contrary to the AG. Several public universities and colleges that provide such benefits to their employees were also potentially affected, but so far none had rescinded benefits programs.
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.