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History of Custody Law · 1Y ago

Alimony reform: Minnesota’s new cohabitation law

A new Minnesota law effective August 1, 20161 authorizes a court, upon motion, to treat a former spouse’s cohabitation after a divorce as a reason to modify or even terminate the other forme...
History of Custody Law · 1Y ago

Let’s Go Crazy, Just Not This Way

[Photo: Micahmedia at en.wikipedia [CC BY-SA 3.0 (http://creativecommons.org/licenses/by-sa/3.0) or GFDL (http://www.gnu.org/copyleft/fdl.html)], via Wikimedia Commons] Minnesota’s proposed ...
History of Custody Law · 1Y ago

Bolden vs. Does: Eviscerating the parental rights of unwed fathers

The U.S. Supreme Court’s denial of certiorari this year in the case of Bolden v. Does (In re Adoption of J.S.)1 is disappointing. This case presented the Court with a perfect opportunity to ...
History of Custody Law · 1Y ago

Should Custody Law Be Abolished?

In a previous blog post1 I explained why custody designations still matter, in terms of their impact on legal rights. The bigger question behind that one is: Should custody labels still matt...
History of Custody Law · 1Y ago

How much copying is ‘fair use’?

Which of the following statements is/are true? (a) Copying up to 25 words is fair use. (b) Copying less than 10 percent is fair use. (c) Copying 25 words or 10% is fair use. (d) Copying only...
History of Custody Law · 1Y ago

Genericide!

A trademark can lose its distinctiveness if it comes to be used as a synonym for the product itself, and no longer serves as an indicator of the origin (maker) of the product. When this happ...
History of Custody Law · 1Y ago

Same-sex marriage: Obergefell et al. v. Hodges

The U.S. Supreme Court has issued its long-awaited decision on same-sex marriage. By a 5-4 vote, it has ruled that the Fourteenth Amendment requires a state to license a marriage between two...
History of Custody Law · 1Y ago

It’s a Wonderful Blog List

Those in the over-thirty crowd probably have many fond and/or maddening memories of flipping channels throughout the Christmas season to decide which network broadcast of It’s a Wonderful Li...
History of Custody Law · 1Y ago

Stemming the tide of DMCA abuse

To protect web-based services providers from liability for infringing content that is uploaded by users of their services, the Digital Millennium Copyright Act has established a set of notic...
History of Custody Law · 1Y ago

Why the Custody “Label” Matters

Before closing down the custody litigation side of my practice, I had opportunities on several occasions to hear judges attempt to explain why it is necessary, after a divorce, for one paren...