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News Briefs
Same-Sex Marriage 'Right' Draws Skepticism from NY Court
On Sept. 13, the New York Appellate Division, 1st Department, panel voiced skepticism during oral arguments about the February 2005 state Supreme Court decision that ruled it unconstitutional for New York City to deny same-sex couples the right to marry. The five-judge panel repeatedly suggested that no fundamental right to same-sex marriage exists and that the question of whether to allow gay marriage is better suited to the legislature than the courts. The city, represented by Chief Assistant Corporation Counsel Leonard Koerner, appealed Manhattan Justice Doris Ling-Cohan's decision in Hernandez v. Robles, 103434/2004. Susan Sommer of Lambda Legal defended the ruling. Ling-Cohan has stayed the effect of her decision while it is appealed.
Early in the proceedings, Koerner was asked by Justice George D. Marlow how society would benefit from denying same-sex couples the right to marry. “That is not the properly posed question,” Koerner answered.
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.