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Hispanic/Latino LGBT Families in Florida
Adoption by “homosexuals” is specifically prohibited by statute in Florida, and foster care and/or adoption by lesbians and gays is restricted in some manner in Mississippi, Arkansas, Utah, North Dakota, and Oklahoma. Courts have been asked to decide on the constitutionality of such restrictions in recent years, most prominently when the United States Court of Appeals for the Eleventh Circuit upheld the constitutionality of the Florida statute (Fla. Stat ch. 63.042(3)) in Lofton v. Secretary of Dept. of Children and Family Services, 358 F.3d 804 (11th Cir 2004). In that case, the court refused to take sides in what it considered an ongoing public policy debate. Florida statutes also ban same-sex marriage and prevent the recognition of same-sex marriages performed in other states. Fla. Stat ch. 741.04; Fla. Stat ch. 741.212.
Social Science Research
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.
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.
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.