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A Word from the Editor
It is my pleasure to welcome you to LJN's Bioethics Legal Review on behalf of the publisher and the Board of Editors. Few areas are as controversial, far-reaching, and important as the broad field of bioethics. Dramatic advances in scientific knowledge and technology have led to some of the most provocative and difficult issues encountered in law, science, and ethics. Questions about genetic research, AIDS research, and whether federal funding for stem cell research should be increased (or even provided) are just of few of the issues being debated by the nation's leading commentators, bureaucrats, and politicians. Some of the recent events that have presented tough bioethical issues and captured widespread public interest have included the saga of the brain-damaged Terri Shiavo – and her death after the final round of court orders from state courts in Florida to cease providing her with nutrition and water (followed by legislation passed in Congress, and failed appeals by her parents to federal courts); the cloning of human embryos in foreign countries – and the ethical and moral issues that are possible from such activities; and, the (denied) request by a death row inmate for a stay of execution long enough so that he could donate a body organ to his chronically ill sister.
Members of Congress are rapidly becoming more focused on (and polarized about) bioethical issues. On June 8, 2005, for example, Sen. Chuck Grassley (R-IA), Chairman of the powerful Senate Committee on Finance, announced that he had sent a letter to the Acting Commissioner of the U.S. Food and Drug Administration, Lester M. Crawford, questioning the make-up of the new drug and safety board set up by the Food and Drug Administration to provide independent review of FDA-approved medicines.
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.