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May a Judge Render a Scientific Opinion Without Expert Advice?
As family law attorneys, we recognize the power of the bench and acknowledge that judges control the courtroom, advise us how to settle our issues in conference, and decide our cases after hearing. Judges determine credibility by observing each witness, listening to their testimony and weighing it against other credible evidence (unless it is a jury trial, which is almost non-existent in family law cases). It is up to the trial judge to determine what evidence is relevant and admissible.
Ultimately, the court is expected to render its decisions based on the questions presented by the opposing sides. But what if a judge decides to render a decision on an issue on which no one has asked the judge to opine, and on which no evidence has been presented? That is what a judge in Pennsylvania's Allegheny County Court of Common Pleas did in 2015 when she decided ' despite the fact that the issue had not been raised by either party ' that a litigant mother had a “severe undiagnosed and untreated mental illness.” This pronouncement led to an appeal, which is now pending before the Pennsylvania Supreme Court.
The Case
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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?
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The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.