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Divorce Law and the Same-Sex Marriage Debate
Part One of this article discussed the plight of same-sex couples arising from the debate over the legal status of same-sex relationships. New York has now decided that the state constitution does not compel recognition of marriages between members of the same sex. The state's highest court has left the resolution of the injustices suffered by same-sex couples to the state legislature. Hernandez v. Robles (See article infra). The first part of the article addressed, inter alia, the 400-page report by the NYSBA Special Committee to Study Issues Affecting Same-Sex Couples, the inequitable application of the equitable distribution law and parents' and children's rights upon relationship dissolution. The conclusion herein discusses de facto parents.
'De Facto' Parents
Scenarios like the one seen in Janis C. have played out repeatedly in New York courts, prompting judges in recent cases involving nonbiological 'de facto' parents to urge the N.Y.Court of Appeals and the Legislature to protect the interests of children by recognizing the custody and visitation rights of nonbiological, nonadoptive parents. In Denise B. v. Beatrice R., N.Y.L.J., Sept. 19, 2005, p. 1, col. 6 (Fam. Ct. Suffolk Co.), for example, the court, citing Alison D., denied the petition of a nonbiological lesbian mother for visitation with the child she had reared with her partner for the last 5 years, and with whom she had shared a close and loving relationship since the child's infancy. In doing so, the court openly regretted the 'harsh result' of Alison D., mandated in the case, and suggested that, '[g]iven the frequency with which children today are being raised by and bonding with ' nonmarital homosexual partners, perhaps the time has come for the Court of Appeals to revisit its ruling in Alison D.'
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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.