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New York Marriage Challenge Moves to Highest Court
Same-sex couples have no constitutional right to marry, New York's Appellate Division, 1st Department, ruled on Dec. 8, in the first decision by a state appeals court to address the issue. Rejecting a constitutional challenge, Justice Milton L. Williams wrote for a 4-1 majority that the state's limitation of marriage to a “union between one man and one woman” is based upon “innate, complementary, procreative roles, a function of biology, not mere legal rights.” Joining in the majority decision were Justice James M. Catterson, George D. Marlow, and John W. Sweeny Jr.
In dissent, Justice David B. Saxe argued that the concept of marriage has sufficiently evolved in recent years to encompass the right to select a spouse of one's choice, including a same-sex partner. To refuse to extend the rights attendant upon marriage to same-sex couples, Saxe wrote, is to “perpetuate a deeply ingrained form of legalized discrimination.”
The ruling in Hernandez v. Robles, 103434/04, overturned a decision issued by Manhattan Supreme Court Justice Doris Ling-Cohan finding that a 1909 state law limiting marriage to heterosexuals violated the state due process and equal protection rights of gays and lesbians. Ling-Cohan ordered the New York City clerk to begin issuing marriage licenses to same-sex couples, but the order was stayed by the 1st Department before it went into effect. Ling-Cohan's ruling only applied in New York City.
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.