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NJ & CT News
NEW JERSEY
Same-Sex Civil Union Law Is Challenged
Mercer County Assignment Judge Mary Jacobson heard arguments Aug. 16 in Garden State Equality v. Dow, MER-L-1729-11, in which the plaintiffs are seeking a summary order declaring New Jersey's Civil Union Act an illegal infringement on gay citizens' rights to equal protection under the law. The suit, which has been ongoing for many years, originally argued that that same-sex partners in New Jersey civil unions are denied equal protection because they are still not treated by all government entities in the same way that married people are treated. But this latest motion for summary judgment argues that because the U.S. Supreme Court decision in U.S. v. Windsor (see article'infra) recently declared that the federal government must recognize the validity of marriages sanctioned by state law, New Jersey's system of restricting gay couples to civil unions rather than marriages obviously renders them second class citizens; unless they are married, they are not eligible for the federal law-based marriage benefits that Windsor said are due to legally married same-sex couples. The State was represented by Assistant Attorney General Kevin Jespersen, who argued that New Jersey treats those in marriages and civil unions the same. Only the name of the relationship is different. This being the case, he asserted, the State is not depriving anyone of equal rights, and the New Jersey court system has no authority to order remedies for improper actions the federal government may or may not take.
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CONNECTICUT
New State Child Advocate Appointed
Connecticut's new state child advocate is Sara Eagan of West Hartford. She is an attorney specializing in the protection of abused children's rights who, prior to her appointment to her new post by Gov. Dannel P. Malloy, served as director of the Child Abuse Project with the Hartford-based Center for Children's Advocacy for seven years. Among her duties as state child advocate are reviewing how state services are provided to children, and heading a panel that investigates the deaths of children who are in foster care. Eagan takes the place of outgoing child advocate Jamey Bell, who is moving on to the position of executive director of the Greater Hartford Legal Aid.
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NEW JERSEY
Same-Sex Civil Union Law Is Challenged
Mercer County Assignment Judge Mary Jacobson heard arguments Aug. 16 in Garden State Equality v. Dow, MER-L-1729-11, in which the plaintiffs are seeking a summary order declaring New Jersey's Civil Union Act an illegal infringement on gay citizens' rights to equal protection under the law. The suit, which has been ongoing for many years, originally argued that that same-sex partners in New Jersey civil unions are denied equal protection because they are still not treated by all government entities in the same way that married people are treated. But this latest motion for summary judgment argues that because the U.S. Supreme Court decision in U.S. v. Windsor (see article'infra) recently declared that the federal government must recognize the validity of marriages sanctioned by state law, New Jersey's system of restricting gay couples to civil unions rather than marriages obviously renders them second class citizens; unless they are married, they are not eligible for the federal law-based marriage benefits that Windsor said are due to legally married same-sex couples. The State was represented by Assistant Attorney General Kevin Jespersen, who argued that New Jersey treats those in marriages and civil unions the same. Only the name of the relationship is different. This being the case, he asserted, the State is not depriving anyone of equal rights, and the New Jersey court system has no authority to order remedies for improper actions the federal government may or may not take.
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CONNECTICUT
New State Child Advocate Appointed
Connecticut's new state child advocate is Sara Eagan of West Hartford. She is an attorney specializing in the protection of abused children's rights who, prior to her appointment to her new post by Gov. Dannel P. Malloy, served as director of the Child Abuse Project with the Hartford-based Center for Children's Advocacy for seven years. Among her duties as state child advocate are reviewing how state services are provided to children, and heading a panel that investigates the deaths of children who are in foster care. Eagan takes the place of outgoing child advocate Jamey Bell, who is moving on to the position of executive director of the Greater Hartford Legal Aid.
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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.
Warehouse Liability: Know Before You Stow!
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
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.