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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.
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.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.