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What Would Samuel Alito's Confirmation Mean for Same-Sex Couples?
Senate hearings on the nomination of Samuel A. Alito, Jr., for the U.S. Supreme Court will not begin until Jan. 9, 2006, and liberal advocates are using the intervening time to engage in an uphill fight to challenge his confirmation. In particular, Alito's notions of privacy rights and the Equal Protection Clause of the U.S. Constitution have been cited by critics in the context of issues such as abortion and civil rights, respectively. Yet these same principles are the critical legal avenues that the LGBT community has utilized to expand rights over the past 20 years, suggesting that Alito's presence on the Court might shift the balance on LGBT rights issues in the future.
Retiring justice Sandra Day O'Connor has been an important vote on many issues. While abortion has drawn the greatest attention, it's likely that Alito (if he is confirmed) and new Chief Justice John Roberts eventually will decide cases of direct interest to the LGBT community. The Court's decisions on key LGBT cases have been close, with O'Connor voting consistently to broaden protections for homosexuals. Most notably, she voted with the majority in the 5-4 decision in Lawrence v. Texas in 2003 (writing her own opinion on equal protection grounds), and the 6-3 decision in Romer v. Evans in 1996.
Panel Discussion
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.