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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.
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.
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.
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.