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Who Is a Grandparent?
It has been said that 'just definitions either prevent or put an end to disputes.' Perhaps this saying exaggerates the point, but it does highlight the importance of understanding the precise meanings of words. In contemporary family law practice, however, many legal definitions are not precise. Instead, they often express the essential nature of terms and concepts, underscoring the dynamic nature of domestic relations law and the need to alter or expand the legal vocabulary in response to modern social reality. The definition of income for support purposes is one example. Family lawyers and family court judges frequently grapple over what constitutes income (much the same way as tax lawyers and accountants).
Today, the greatest challenge involving definitions is over the word marriage. What is a marriage? Constitutionally speaking, who should be allowed to marry and who should not? A generation ago, this debate was not on the radar screen of most family lawyers, yet few practitioners doubt that the issue will come before the U.S. Supreme Court within the next few years, if not sooner.
'Definition Mania'
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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.