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Same-Sex Marriage
We continue this month with our discussion of some of the recent developments in the interaction between state and federal laws relating to same-sex marriage.
Last month, we began looking at the case of Commonwealth of Massachusetts v. U.S. Dept. of Health and Human Services, 698 F.Supp.2d 234 (D.Mass. 7/8/10), in which Massachusetts, represented by Attorney General Martha Coakley, claimed that Section 3 of the federal Defense of Marriage Act (DOMA) violates the Tenth Amendment of the Constitution by intruding on a traditional area of exclusive state authority: the right to define and regulate family matters, including marriage. It also claimed that DOMA violates the Spending Clause by conditioning the receipt of federal funds on the Commonwealth's willingness to unconstitutionally discriminate against some of its citizens. The case involved two federal/state government programs: one that provides burial plots to veterans, and one that provides medical services to certain Massachusetts citizens. The Commonwealth of Massachusetts sued to defend its right as a state to provide these services to all of its eligible citizens, as defined by its own law.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.