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Landmark Nebraska Decision
On May 12, 2005, a federal trial judge in Nebraska struck down what has been called the most extreme of the anti-gay family laws in the nation. Citizens for Equal Protection, Inc., v. Bruning, – F. Supp. 2nd – , 2005 WL 1126834 (D. Neb. 2005). Passed by Nebraska voters in 2000, the ballot initiative that was known as “Measure 416″ became Section 29 of the Bill of Rights of the Nebraska constitution. In addition to limiting marriage to a man and a woman, the measure provided that the “uniting of two persons of the same sex in a civil union, domestic partnership, or other similar same-sex relationship shall not be valid or recognized in Nebraska.”
Plaintiffs challenged the law under the United States Constitution as a violation of the Equal Protection Clause and the prohibition on Bills of Attainder. The equal protection claim rested in part on the United States Supreme Court's analysis in Romer v. Evans, 517 U.S. 620 (1996), in which the Court struck down an amendment to the Colorado Constitution that barred any laws that protected against discrimination based on sexual orientation. Plaintiffs argued that for the purpose of equal protection the Colorado and Nebraska provisions could not be distinguished, and the Court agreed. The Bill of Attainder claim rested in part on the assertion that Section 29 was a law that singled out lesbians and gay men for punishment, and the Court here also agreed.
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.
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.