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The impact of the federal Religious Land Use and Institutionalized Persons Act (RLUIPA) on the power of local zoning authorities has been the subject of much concern across the country. In New York, the primary focus of attention has been on efforts by the Village of Mamaroneck to thwart the expansion plans of the Westchester Day School (WDS), which has operated a Jewish day school in a residential neighborhood for more than 50 years. The latest chapter in the saga is an opinion by Judge Conner of the Southern District ordering the Mamaroneck Zoning Board of Appeals to approve the Day School's special permit application. The opinion is noteworthy on two fronts: first, for its broad construction of 'religious exercise,' and second for its treatment of the compelling government interests that might justify placing a substantial burden on religious exercise.
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Everything in this issue, listed in an easy-to-use format.
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Recent rulings of importance to you and your practice.
<b><i>Part One of a Two-Part Article.</i></b> Having served as a financial and valuation expert in matrimonial proceedings for over 25 years, I, along with other veteran practitioners, have witnessed a fast-paced evolution of matrimonial litigation since the adoption of the concept of equitable distribution. Aside from the issues of fault, parenting and spousal and child support, the valuation of professional practices, closely held business and enhanced earnings, have been a major focus in numerous matrimonial cases. In many situations, a battle of the experts ensues over valuation issues, resulting in significant cost to the parties, and greater inevitability of trial. Judges are confronted with hearing and trying to understand the testimony of the experts and are left with the unenviable task of deciding between the opposing opinions based on issues of credibility and economic soundness.
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The problem of access to the matrimonial courts of this state ' both literal and qualitative access ' was one of the several issues addressed in the report presented in February to Chief Judge Judith S. Kaye by the Matrimonial Commission she appointed to study the state of family practice in New York. The report's authors identified several aspects of the current system they deemed deficient, and they offered concrete suggestions for fixing some of them. However, they also often concluded that despite their months of study, many problems still needed further investigation. Following are some of the main court-access issues studied and the Commission's recommended plans for improving fairness for all litigants.
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A divorcing client with potential jurisdictional ties to more than one country or state confronts his or her attorney with some unique preliminary questions. Which jurisdiction offers the potential for the best outcome for the client on issues of grounds, child custody, and so forth? A subject discussed less often is the treatment of trust property.
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As many patent practitioners are well aware, prosecution of patent applications has become a slow, tedious process. The U.S. Patent and Trademark Office ('PTO') acknowledges a large backlog of cases in many of its art units, with some art units having a pendency of at least 3 or 4 years. For many fields of technology, including computer and telecommunications, it is imperative to obtain a patent as soon as possible; otherwise, the patented technology will become stale by the time the patent issues, thereby making the patent practically worthless. This article discusses several ways by which a patent practitioner can speed up the patent prosecution treadmill.
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In recent years, the International Trade Commission ('ITC') has become an increasingly popular venue for parties seeking to enforce patent rights. There are several reasons for this trend. First, the ITC is a high-speed venue. The ITC's investigation of a patentee's allegations of infringement is typically completed within 12 to 15 months, far more quickly than cases in most U.S. district courts. Second, the ITC offers a powerful remedy: exclusion of infringing products from the United States. The U.S. Customs Service enforces the exclusion order. Of course, this remedy is available only when the infringing products are being imported. However, there are many industries in which most, if not all, manufacturing takes place overseas. As a result, resort to the ITC is often available even with respect to domestic competitors. Third, although the ITC does not award damages, the patentee has the option of seeking damages in a parallel case in federal district court. Thus, the patentee can obtain both damages and an exclusion order by pursuing relief before the ITC and a district court.
Copyright Infringement/Statute of Limitations The U.S. District Court for the District of North Dakota, Southwestern Division, held that a pro se suit against musical artist Michael Jackson and producer Quincy Jones was barred by the 3-year statute of limitations of Sec. 107(b) of the Copyright Act. Gleeson v. Jackson, 1-05-cv-88. Plaintiff George Gleeson claimed copyright infringement of songs and the 'moonwalk' dance that Jackson popularized. But the district court noted: '[I]t is undisputed that the plaintiff,…