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Heterosexual Discrimination By California Courts?
A Los Angeles District Court of Appeal threw out a suit by a man claiming that unmarried couples of the opposite sex should have the same right as same-sex couples to file wrongful-death suits. Jack Holguin said the law's exclusion of unmarried heterosexual couples violates his equal protection rights. Holguin v. Flores, B168774, Los Angeles' 2nd District Court of Appeal, Sept. 15, 2004. Holguin's girlfriend, Tamara Booth, was killed in a car accident. They had lived together for 3 years, but never married.
The Los Angeles County trial judge dismissed the complaint, and the 1st District affirmed, holding that the state legislature had “rational bases” for not extending partnership benefits to “cohabiting unmarried couples in general.” “The fact domestic partners are legally or practically prevented from marrying, while cohabiting couples of the opposite sex are not,” Justice Earl Johnson Jr. wrote, “provides a rational basis for extending the right to sue for wrongful death to the former but not the latter. “In addition,” he said, “married couples and domestic partners have publicly registered their legal relationship while cohabiting couples of the opposite sex have not, thereby providing an additional basis for recognizing the economic loss to the survivors of the former but not the latter.”
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.