Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
First Circuit Declares DOMA Unconstitutional
Two federal courts have recently taken action in significant cases affecting the marriage rights of same-sex couples. One of these cases deals with an issue that is unlikely to affect New York citizens: In Perry v. Brown, the U.S. Court of Appeals for the Ninth Circuit left in place a February 2012 decision of a panel of that court denying the legality of California's Proposition 8 (which, by voter referendum, stripped same-sex couples of the right they had previously enjoyed in that state to marry.) In the other, the constitutionality of the federal Defense of Marriage Act (DOMA), 1 U.S.C. ' 7, is in question, and the ultimate outcome could affect the rights of New York same-sex married couples to be treated equally with opposite-sex couples by the federal government. On May 31, the First Circuit, in Commonwealth of Massachusetts v. Office of Personnel Management, 2012 U.S. App. LEXIS 10950 (1st Cir., 5/31/12), declared DOMA unconstitutional. (In pertinent part, DOMA defines “marriage,” for all federal law purposes, to be a legal union only between a man and a woman, and defines a “spouse” as a person married to a husband or wife of the opposite sex.)
Both these rulings are adding to the drive toward a showdown in the U.S. Supreme Court between social conservatives and liberals. If the Supreme Court takes them up, many questions that now surround gay marriage could be significantly cleared up.
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.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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.
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.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."