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Custody Evaluations: A Bastion of Bias
Because custody evaluators are typically appointed by the court rather than separately retained by the parties, many lawyers and judges assume that the resulting work product is neutral and unbiased. This is not a valid assumption. A mass of behavioral science research clearly reveals that all human beings, whether mental health professionals, lawyers, judges, or candlestick makers, are subject to an array of biases that can severely distort the decision-making process. This article explores the insidious role of bias in custody evaluations.
Court-Appointment: Panacea or Snake Oil?
Bias is a well-recognized mode of impeachment available to cross-examiners. In the specific context of cross-examination and impeachment of expert witnesses, the law has tended to view bias as a credibility deficit closely akin to relationship and interest, one associated with the fact that partisan experts are paid by the party calling them to the stand.
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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.
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 Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?