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Federalism and Same-Sex Marriage
What is the meaning of “federalism” in the context of the same-sex marriage debate? Is it a set of consistent principles, or merely a strategic device capable of being used as both sword and shield by both sides? What limitations might federalism impose on the interpretation and construction of the federal Defense of Marriage Act (DOMA), the state “mini-DOMAs,” the proposed Marriage Protection Amendment, and the multiple state constitutional amendments banning same-sex marriage? Is it conceivable for the same-sex marriage issue ultimately to be resolved without a national solution?
These are some of the questions that distinguished panelists discussed at a recent symposium, “Breaking with Tradition: New Frontiers for Same-Sex Marriage,” sponsored by Yale Law School. Robert Post of Yale Law School was the moderator of the panel discussions.
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.