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Domestic Violence Debated in Supreme Court
The U.S. Supreme Court is facing the serious nationwide problem of domestic violence and the continuing difficulty of enforcement of one of the most important weapons against that violence — protection orders. On March 21, the Court considered whether a civil rights remedy is available to domestic violence victims whose pleas to enforce protection orders go unheeded by local police departments. Town of Castle Rock, Colorado v. Gonzales, No. 04-728.
At the core of the case is a claim under 42 U.S.C. 1983, which provides a civil remedy, including damages, when a person is deprived of his or her constitutionally protected property interest without due process. The Tenth U.S. Circuit Court of Appeals held last year that Castle Rock could be liable under ' 1983. The divided en banc court ruled that the combination of a protection order and a state statute mandating arrest of the person restrained when police have probable cause to believe the order has been violated creates a property interest in enforcement of the order. The decision involves the interpretation of the Due Process Clause of the Constitution and poses the question: Does the government have a constitutional duty to protect its citizens from private violence? The implications of the answer for local governments and domestic violence victims alone are huge, according to amicus briefs filed on both sides.
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.