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The Supreme Court and Same-sex Marriage
In the last day of its October 2012 Term, the U.S. Supreme Court handed down two historic decisions that were immediately hailed as victories for supporters of same-sex marriage. In one of the cases, United States v. Windsor, No. 12-307, 2013 WL 3196928 (U.S. 6/26/13), the Court had been asked to rule upon the constitutionality of the Defense of Marriage Act (DOMA), a federal statute that limited marriage to heterosexual unions of one man and one woman for purposes of federal law. In a 5-4 decision, the Court in Windsor held that DOMA's definition of marriage was violative of the constitutional guarantees of due process and equal protection. As a result, in states where same-sex marriage is legal, same-sex spouses would be able to enjoy the rights and privileges granted to heterosexual married couples under federal law.
In the other case, Hollingsworth v. Perry, No. 12-144, 2013 WL 3196927 (U.S. 6/26/13), at issue was the constitutionality of Proposition 8, a 2008 California ballot initiative that sought to amend that state's Constitution to define marriage as the union of a man and a woman. In that case, also in a 5-4 decision, the Court held that it did not have jurisdiction to determine the case on the merits. The decision let stand a lower court ruling that had struck down Proposition 8 as unconstitutional, paving the way for same-sex couples to marry under California 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?
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
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.