Lien Waiver, Access Clause in a Lease Can Be Crucial
March 22, 2004
Although the primary purpose of real estate leases is to rent space, tenants should take the time to develop and implement lease strategies that facilitate their operational methods and strategic plans.
Shopping Center Remodeling and Expansion: Model Language for Drafting a Lease
March 22, 2004
This two-part article explores some of the issues that arise when negotiating a lease form that contains clauses defining the rights of the landlord and obligations of the tenant with regard to remodeling or expanding a shopping center. The first part of the article discussed negotiating points that could benefit the parties during the administration of the lease. The conclusion provides some suggested model language to consider when drafting a lease.
Same-Sex Marriage: Massachusetts Sets the Precedent
March 18, 2004
One month after the highest court in Massachusetts, the Supreme Judicial Court (SJC), issued its decision on the unconstitutionality of the denial of same-sex marriage in <i>Goodridge v. Department of Public Health</i>, the Massachusetts Senate prepared draft legislation authorizing civil unions (Senate No. 2175). The legislation intended to grant same-sex couples "all the benefits, protections, rights and responsibilities afforded by the marriage laws" while still "preserving the traditional, historic nature and meaning of the institution of civil marriage." The civil union legislation created a separate, yet arguably equal, set of benefits and privileges for same-sex couples. The legislation, however, also denied same-sex couples the right to civil marriage and thereby lacked the intangible benefits of marriage that the <i>Goodridge</i> decision noted are "important components of marriage as a 'civil right.'" The Massachusetts Senate asked the SJC to review the civil union legislation and offer an advisory opinion on its constitutionality.
Summary Disposition in Matrimonial Practice
March 18, 2004
As matrimonial practitioners, we have all met with countless clients and immediately assessed the situation with regard to their cause of action, support, equitable distribution and custody. The initial consultation, retention and then commencement of the action are often followed by what may be called the typical divorce pretrial disposition. This includes the support application, fixing of a parenting schedule and perhaps an advancement of fees or pendente lite distribution of marital assets.
Litigation
March 18, 2004
Recent rulings of importance to your practice.
Using Trusts in a Divorce
March 18, 2004
In a divorce case where a trust exists, it is possible to terminate the trust, with the agreement of all the parties, to utilize the proceeds to meet the needs of the parties in effectuating equitable distribution. Bear in mind that the termination of a trust can only be achieved by agreement and therefore such a goal cannot be achieved in a litigated matter. As part of a divorce settlement, certain types of trusts can be created for funding education expenses or covering medical expenses. These trusts would provide a mechanism for meeting support obligations.
Should Forensic Psychologists Make Custody Recommendations?
March 04, 2004
As discussed in the first part of this article, forensic evaluations can have a dramatic effect on the trajectory of a contested custody dispute and, ultimately, on the path a particular child's life will take post disposition. There are many arguments against giving specific custody recommendations, eg, it has not been established that following specific custody recommendations will result in a better family situation. In addition, the recommendations are frequently deeply subjective and value-laden and the profession itself is divided on many important issues. The conclusion of this article explores the ethical concerns, professional role and positive contributions of forensic psychologists.
