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The Non-Biological Parent
A recent case from the appellate court in Washington demonstrates the lack of protection offered by the Uniform Parentage Act (UPA) to children raised by same-sex couples and to the non-biological parent. The court in In re the Parentage of L.B., 121 Wn. App. 460, 89 P.3d 271 (2004), cert. granted, 152 Wn.2d 1013, 101 P.3d 107 (2004), filled in the gap left by the legislature in recognizing the relationship between the non-biological parent/primary caregiver and the child by creating a common law cause of action for the psychological parent.
Sue Carvin brought an action against her former partner, Page Britain, the biological mother of L.B. under the UPA seeking to establish co-parentage of L.B. L.B. was conceived during the women's 12-year domestic relationship. Carvin argued that, in order to be constitutional, the UPA must be liberally construed to allow her claim. Alternatively, Carvin claimed status as a de facto or psychological parent under the common law of Washington. Carvin also sought visitation rights under Washington's third party visitation statute. The trial court held that Carvin had no cause of action and dismissed her petition. The appellate court agreed that the UPA did not offer Carvin a cause of action under the UPA but declined to address the constitutionality of the Act because Carvin stated a cause of action as a de facto/ psychological parent under common law.
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.