Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Rights of Children Conceived and Born After a Father's Death
'As science races ahead, it leaves in its trail mind-numbing ethical and legal questions. The law, whether statutory or decisional, has been evolving more slowly and cautiously.' Kass v. Kass, 91 N.Y.2d 554 (1998).
Over the last several decades, scientific advances have made it possible for a living person to parent a child using a deceased partner's frozen sperm, eggs or a previously fertilized and subsequently frozen embryo or pre-embryo. The scarce case law as well as the statutory law in the several states of this country are ill-equipped to deal with the myriad issues this new technology presents. Such issues include, but certainly are not limited to: 1) whether this genetic material is susceptible to bequest or gift to a loved one for use at a later date to parent a child; 2) what the status of such afterborn child is; and 3) what rights of inheritance from their biological parents these children have.
Intertwined with a posthumously conceived child's right to inherit is the child's right to Social Security survivor benefits, worker's compensation awards, and wrongful death awards under various state and federal statutes. This article will examine statutory law and a decision of first impression in New York regarding the possibility of a posthumously conceived child inheriting in intestacy under New York law.
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.
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.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.