Tougher Penalties, More Prosecutions
May 07, 2004
Although the McCain-Feingold Campaign Reform Act took effect almost 18 months ago, little attention has been paid to changes it made in the enforcement of federal campaign finance law, including big penalties for violations and sentencing guidelines that mandate incarceration for most criminal convictions. Notably, the Act ' Campaign P.L. 107-155, officially called the Bipartisan Campaign Reform Act of 2002 (BCRA) ' has increased the risk of criminal prosecution as well as the penalties.
Fact-Finding Ordered on Garson Cases
May 07, 2004
Three divorce litigants whose cases were before indicted Brooklyn Justice Gerald P. Garson have produced enough information to justify fact-finding hearings to determine if their divorce decrees should be altered, Supreme Court Justice Jacqueline W. Silbermann ruled in a series of decisions made public March 17.
GAO: New York At Fault
May 07, 2004
A U.S. General Accounting Office (GAO) study released April 20 has found that a majority of states meet just half or fewer of the 14 measures used by the federal government to determine the well-being of children in the child welfare system. No state passed all of the factors ...
Exceptions to <i>McSparron</i>
May 07, 2004
What happens when a divorcing party with a professional license fails to use it, rendering its value nonexistent? Is the spouse out of luck when it comes to equitable distribution of that license's value? Part One of a Two-Part article.
Deadbeat Dads Given New Life in New York
May 07, 2004
Many parents abandon their children, leaving them to be raised by the other parent or a third party, refusing to have meaningful contact with them or even to provide financial support. The remaining parent or caregiver may make attempts to bring the uninterested parent back into the child's life, or to force him or her to pay child support, but these efforts are often unsuccessful. So, what's to be done? The caregiver may be forced to give up and raise the child alone, perhaps gaining some comfort in knowing that the recalcitrant parent at least will not interfere in the child's life. But, is this necessarily the end of the story? As evidenced by a case holding last month, delivered by the Appellate Division, Third Department in a Workers' Compensation case, in New York at least, the missing parent can still cause trouble, even years after the child has reached majority.
Same-Sex Conundrum Continues
May 07, 2004
Thirteen gay and lesbian couples brought suit in the state Supreme Court in Albany on April 7, alleging their state constitutional rights to equal protection, privacy and due process were violated when they were recently denied marriage licenses. The couples were joined in their suit by the American Civil Liberties Union and the New York Civil Liberties Union. One of the complainants is Assemblyman Daniel O'Donnell, brother of television and movie personality Rosie O'Donnell, who was, herself, recently married to her lesbian partner in California.
Recent Developments from Around the States
May 05, 2004
National cases of interest to you and your practice.
MOST POPULAR STORIES
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith 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.Read More ›
- The Article 8 Opt InThe 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.Read More ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- The Anti-Assignment Override ProvisionsUCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?Read More ›