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A New Era of Family Law '50/50 Custody' - What Does It Mean?
A movement by fathers' groups and their current wives to have every state legislature mandate a presumption of 50/50 custody for all children as a starting point in every contested custody case has created a new area of family law. If you inquire about the rationale behind this movement, the groups will respond that they have a constitutional right to raise their children and, further, that this presumption will alleviate all custody problems. Further, they say, the “best interest of the child” standard is bogus and is just used to deprive fit parents of their rights. Other arguments made by these dads include: the criteria used to award custody are unconstitutionally vague; there are no scientific data to support the continued use of the “best interests” standard, and the standards are arbitrarily utilized. If the legislatures would only mandate a presumption of 50/50 custody at the outset, these groups claim, there would be no interparental conflict, no wasting of family resources, and no shattered lives.
A Bad Idea
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.