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Marriage and the Transgendered Person
Recently, the Associated Press reported the story of a New Hampshire couple with an unusual problem. After being married for a few years, the husband, with his wife's assent, underwent a sex-change operation. The husband, a naturalized U.S. citizen with a foreign birth certificate, is now seeking to have the name on that birth certificate changed from Michael to Mikayla, something the federal government is not necessarily going to allow.
But what does this sex change mean for the couple's marriage, which produced one biological child before the operation? Under New Hampshire law, same-sex couples may not marry, and New Hampshire's Defense of Marriage Act prohibits the state from recognizing even same-sex marriages solemnized outside the state. As a man and a woman at the time of their marriage, they were certainly legally wed, but are they still married under the laws of a state that has outlawed same-sex marriage? Can they choose to remain married? And could they get a divorce if they wanted one?
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.
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.
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.