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The Weinstein Bill: Improved Access to Custody Reports
Child custody reports submitted to family and supreme courts by forensic professionals have the potential to profoundly affect the trajectory of a child's life. There is ample case law and support in the forensic literature for the notion that these documents are valued by courts as tools to promote settlement, to facilitate investigatory fact-gathering and to provide guidance for the judiciary. Attorneys for children and for litigants, as well as parents themselves, have a vested interest in being able to fully explore the forensic report ' and the underlying data for the conclusions the report contains ' in order to make informed decisions about how to proceed with a case and prepare for trial.
NY's Restrictive Approach
Unlike most other states, however, New York has a storied history of a chaotic, non-uniform, and excessively restrictive approach to disclosure ' that is, to whether and how attorneys and litigants should have access to the reports as well as the evaluator's notes, test results, and other underlying data. This state of affairs impairs parents' ability to discern if they should fight a particular report or conclude that settlement is the best course of action. It hinders attorneys for children in their efforts to thoroughly analyze the implications of an assessment for their young clients, and it limits the ability of lawyers to prepare to deal in court with what are often complex, multi-layered documents through cross-examination. It also means that, despite all that has been written about the degree to which forensic assessments can be laced with profound inaccuracies, hearsay and disturbing bias, children may have the direction of their lives determined without their parents or legal professionals involved with their family having a chance to fully vet the reliability of such evaluations.
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.
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.
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.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?