Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Fair Access to Courts
The problem of access to the matrimonial courts of this state ' both literal and qualitative access ' was one of the several issues addressed in the report presented in February to Chief Judge Judith S. Kaye by the Matrimonial Commission she appointed to study the state of family practice in New York. The report's authors identified several aspects of the current system they deemed deficient, and they offered concrete suggestions for fixing some of them. However, they also often concluded that despite their months of study, many problems still needed further investigation. Following are some of the main court-access issues studied and the Commission's recommended plans for improving fairness for all litigants.
The Right to Counsel
An issue that affects a large number of those seeking divorce is the inability to pay for legal assistance. The problem affects not only the indigent, but also many in the supposed 'middle class,' for whom coming up with thousands more dollars to hire attorneys at a time when limited family assets are being pulled in too many directions can mean going it alone. While there are a few programs to help the poor, they are notoriously understaffed and can generally help only a veritable handful of the most needy. Litigants who must fend for themselves often slow the judicial process and have a much harder time getting their sides of the story told in a meaningful way.
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.
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.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?