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California AG Opposes Gay Marriage on Grounds of Tradition
Lawyers for two Christian legal groups, the Liberty Counsel and the Alliance Defense Fund, were not satisfied with Attorney General Bill Lockyer's first meaty arguments in defense of California's marriage laws. The two groups rushed to the courthouse to try to stop San Francisco's same-sex marriages last winter. They want to be more than amici in the case — they want to take part as parties to the litigation. As amici, the groups would be able to submit written arguments, and perhaps take part in oral argument; however, if they are considered parties, they would be able to argue orally, enter evidence, cross-examine witnesses and participate in strategy
Rena Lindevaldsen, senior litigation counsel for Liberty Counsel, commended Lockyer's summary of case law but added that she did not think the AG was being as zealous as he could be. In his arguments, Lockyer relied heavily on tradition as a justification for limiting marriage to one man and one woman. He avoided any suggestion that families headed by same-sex couples are less stable or less beneficial for children.
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.