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The Changing Landscape of Divorce
New York remains the only state requiring establishment of fault in divorce, but the Miller Commission last year called for legislation to permit no-fault divorce in New York State. Despite the commission's recommendation and the actual passage of a bill by the New York State Assembly to establish irreconcilable differences as a ground for divorce, legislation enacting this ground has once again become stalled in the legislature.
In the recent case of Molinari v. Molinari, 2007 N.Y. Slip Op. 50781 (Sup. Ct., Nassau Co., 4/16/07) (Ross, J), Supreme Court Justice Robert Ross, head of Nassau County's Matrimonial Part, initially challenged the legislature to pass no-fault legislation by staying rendering judgment in the parties' fault trial until the legislature ruled on the pending legislation. The husband had sought the divorce based on the ground of constructive abandonment. He was unable to prove this ground, and his wife contested the divorce, presumably to gain concessions from him on the economic issues. This is a common ploy in New York in situations in which fault is difficult or too costly to prove (having to prove fault can raise the cost of obtaining a divorce in New York significantly and even put it out of reach of people with insufficient means). This is one of the major reasons no-fault laws have been repeatedly proposed. When it became clear that the legislation had once again stalled in the legislature, Judge Ross ruled against the husband and denied the divorce, thereby making any hearing of the economic issues moot.
In a separate action, also in the direction of no-fault divorce, the Assembly voted to reduce the waiting period for legal separations from one year to three months. The waiting period was subsequently amended by the Senate to six months. Again, however, the legislation became stalled in the legislature.
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.