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Supreme Court Discusses Gay Adoption Rights
The Supreme Court considered gay rights at the justices' first private conference of the new year on Jan. 7. The Florida gay adoption case, Lofton v. Secretary of the Florida Department of Children and Families, is one of dozens of cases the Court discussed at its conference with an eye toward granting or denying review.
If the justices do grant review, the case will give the Court its first chance to comment on the scope of its 2003 Lawrence v. Texas ruling that announced due process and privacy rights for homosexuals. The Eleventh U.S. Circuit Court of Appeals narrowly applied Lawrence and an earlier ruling — Romer v. Evans — on Jan. 28, 2004, when it upheld Florida's 1977 law excluding gay people from eligibility as adoptive parents. Florida is the only state that explicitly bars homosexuals from adopting children, although Mississippi prohibits couples of the same sex from adopting, and Arkansas prohibits homosexuals from being foster parents. (The Arkansas statute is currently being challenged.)
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.