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Decisions of Interest
Sex Offender Registration Required of Some Domestic Violence Perpetrators
Perpetrators of domestic violence whose actions involve kidnapping or false imprisonment of children not their own can lawfully be required to be registered as sex offenders under the Sex Offender Registration Act (SORA) even though no sexual contact occurred during the crime. People v. Cintron, 8943/93 (Sup. Ct., Bronx Cty. 6/25/06) (Talmer, J.).
Petitioners were convicted of kidnapping or false imprisonment of a minor, but there was no sexual contact with the minors involved. One petitioner kept his girlfriend and her two children prisoner in her apartment; one broke into the home of his former common-law wife and, after forcing his son and another 15 year old boy into the bathroom, tied up the other boy with wire rope; another went to the home where his estranged wife was living and when his wife, her sister and her sister's three children arrived, he pointed a loaded shotgun at them and threatened to kill them. (Other petitioners in this action were convicted of kidnapping or false imprisonment of a child, but their cases did not involve domestic violence.) None of the petitioners threatened or engaged in any child sexual molestation. Petitioners therefore asserted that SORA was unconstitutional as applied to them.
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.
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.