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Features
Last month, the author discussed the controversial proposal to replace New York's current maintenance scheme with "Post-Marital Income Guidelines." What follows is a critique of the proposed legislation, based in large measure on a report of the Legislative Committee of the Family Law Section of the New York State Bar Association.
Features
An increasing number of properties have been and continue to be classified as having some kind of recognized environmental condition. The REC classification arises from the EPA crackdown over the past few decades to ensure that property owners and the parties who are responsible for causing the contamination actually share in the cost and burden of the remediation process.
Features
Domestic violence is now recognized to be coercive control, whether that control is exercised by physical violence, psychological abuse, or some other type of coercive act. Herein is the conclusion of this discussion.
A Bronx judge has upheld Gov. David Paterson's order that state executive-branch agencies recognize same-sex marriages solemnized outside of New York.
Online Music Agreement Reached<br>Anti-Spam Law Is Unconstitutionally Broad
Features
The Internet presents special regulatory challenges. Any effective statute, for instance, must be prepared by an entity with the authority to draft, implement and, to some extent enforce, the statute. Efficacy, of course, hinges on jurisdiction, but the Internet knows no geography and, so, users leap boundaries with a finger poke or thumb flick. These challenges require novel statutory strategies to meet the Internet's current and future status as a channel and communications domain that requires regulation at various levels of operation and use
Since the 1989 adoption by the New York State legislature of the Child Support Standards Act (CSSA) (Domestic Relations Law ' 240[1-b]; Family Court Act ' 413.), a substantial body of case law has been developed with respect to its interpretation. As a result, the application of the CSSA can be more nuanced than a straightforward reading of the statute suggests.
Web site terms of use have taken center stage with the recent press reports of the indictment of Lori Drew by a Los Angeles federal grand jury for violating the federal CFAA. Terms of use are ubiquitous on the Internet. They are created by a Web site owner and purport to restrict how the public can use a Web site to obtain information, purchase goods or services or participate in Web-based social networking.