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WA Supreme Court Recognizes Non-Biological Lesbian Mother
The Washington Supreme Court ruled on Nov. 3, 2005 that a lesbian co-parent who can establish that she is a de facto parent will have all the same rights and responsibilities of other parents, including the right to seek custody or visitation. The court's ruling was 7-2. Carvin v. Britain (In re Parentage of L.B.) No, 75626-1 (2005)
The Case
Sue Ellen Carvin and her former partner, Page Britain, were in a committed relationship from 1989 to 2001. They decided to have a child together through donor insemination. As a result of the insemination, Page gave birth to a daughter, L.B., in May 1995, and the couple began co-parenting her, raising her together. Carvin and Britain then separated when the child was 6 years old. They initially continued to share custody of the child until Britain began to limit Carvin's contact with L.B. and eventually terminated all of Carvin's contact with the child. Carvin then filed a petition seeking that she be declared the legal parent pursuant to the Uniform Parentage Act, that she be declared the parent by equitable estoppel or that she be recognized as the de facto parent, and that she be allowed statutory visitation rights.
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.