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Court Hears Arguments on Same-Sex Marriage
The Court of Appeals heard spirited arguments May 31 on whether New York should become the second state to legalize gay marriage. The judges did little to tip their hands as to how they would vote, greeting both sides with wide-ranging, skeptical questions. The arguments covered the four joined decisions that each held that New York state law precludes same-sex couples from marrying: the First Department case Hernandez v. Robles, 805 NYS 2d 354 and the Third Department cases Seymour v. Holcomb, 811 NYS 2d 134; Matter of Kane v. Marsolais, 808 NYS 2d 566; and Samuels v. New York State Department of Health, 811 NYS 2d 136. Judge Albert M. Rosenblatt recused himself, reportedly because his daughter, a Los Angeles attorney, has worked on same-sex marriages cases in New Jersey and California. That left only six judges to hear arguments.
Arguments for Same-Sex Marriage Rights
Susan L. Sommer of Lambda Legal opened arguments for the appellants. The businesslike Ms. Sommer set out to establish that the four cases centered on a fundamental right, namely the right to marry. Chief Judge Judith S. Kaye quickly interrupted. 'You define the question as the right to marry and your adversary defines it as the right to same-sex marriage. That's a critical distinction, is it not?'
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.
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.
Warehouse Liability: Know Before You Stow!
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
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.
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?