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Same-Sex Marriage
Will New York residents who travel to Massachusetts lawfully be able to marry their same-sex partners there under Massachusetts law? For now, the question remains unanswered.
On March 30, The Supreme Judicial Court of Massachusetts dismissed the suits of several couples who challenged the State's enforcement of a law that forbids out-of-state couples from marrying within Massachusetts' borders if their marriages would be unlawful in their home states. The court, however, allowed plaintiffs from two states ' New York and Rhode Island ' to proceed with their suits because neither of these states has amended its constitution or enacted laws specifically prohibiting such marriages, and there has not yet been a controlling appellate decision entered on the issue in either state.
The single-paragraph ruling stated, in pertinent part, 'A majority of the justices ' agree that, as to the plaintiffs from Connecticut, Maine, New Hampshire and Vermont, a judgment for the defendants shall be entered in Superior Court because same-sex marriage is prohibited in those states. As to the New York and Rhode Island plaintiffs, their cases shall proceed to the Superior Court, on an expedited basis, for a determination whether same-sex marriage is prohibited in those States.'
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.
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?
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.