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Preserving Native-American Heritage over Other Best-Interest Considerations
The U.S. Supreme Court has agreed to hear the appeal of Adoptive Couple v. Baby Girl, 398 S.C. 625, (S.C. 2012), a case in which the Supreme Court of South Carolina confirmed a lower court's return of a Native-American child to her biological father, a member of the Cherokee Nation, over the objections of her would-be adoptive parents, who are not American Indians. The state high court based its decision on the dictates of the Federal Indian Child Welfare Act, 25 U.S.C.S. ' 1901 et. seq. (ICWA), a law enacted in 1978 to promote the rights of Native Americans and their tribes to maintain their heritage in the face of encroachment by the greater U.S. culture. Congress had deemed the legislation necessary because, prior to its enactment, Indian children were being removed from their homes at an alarming rate on the basis of neglect findings precipitated in large part by the tendency of “many social workers, ignorant of Indian cultural values and social norms … [to] discover neglect or abandonment where none exists.” H.R. Rep. No. 1386, at 22 (1978), reprinted in 1978 U.S.C.C.A.N. 7530, 7533.'
The questions raised by Adoptive Couple v. Baby Girl concern both the trial court's findings of fact and just how the ICWA should sway the balance of competing interests: the child's, the biological parents', the adoptive parents', and the tribe's. The case is being closely watched by family practitioners and others interested in child welfare law, as its outcome will affect the adoption prospects of Native-American children nationwide.
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.
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.
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.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.