Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
How to Impeach a Custody Evaluator
Because the custody evaluator comes to court as an expert witness, he or she may be impeached by the published writings of other professionals in his or her field. People v. Feldman, 299 NY 153, 85 NE2d 913 (1949). See Dobrish, infra, page 1. Once a proper foundation is laid, passages that contradict the testimony may be read and the witness asked whether he or she agrees or disagrees with those statements. When used in such fashion, the content of the statement put to the witness does not become evidence in the case, but is allowed only to discredit or weaken his or her testimony by showing that learned writers in the field have expressed contrary views.
This article uses New York rules of procedure to explore the evidentiary doctrine and trial techniques pertaining to impeachment by treatise when confronting the testimony of a custody evaluator. Cf, ORS ' 40.430; MRE ' 707.
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.