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The Ethical Implications of Prisoner Organ Donation
Shortly after midnight on May 25, 2005, Gregory Scott Johnson was pronounced dead by the state of Indiana. In the weeks before his death, Johnson had gained notoriety for seeking to delay his execution so that he could donate part of his liver to his sister, who suffers from cirrhosis unrelated to alcoholism. But Johnson died with his liver intact. See http://abcnews.go.com/US/%20wireStory?id= 776687; AP Mike Smith (May 25, 2005). As it turns out, Johnson would have made a poor donor, since testing shortly before his execution revealed that he had hepatitis. Id.
But before Johnson, other condemned prisoners have unsuccessfully attempted to donate organs. Convicted murderer Larry Lonchar, of Georgia, wanted to donate his kidney to the detective involved in his capture and conviction; David Larry Nelson of Alabama sought to donate his kidney to his brother; and Jonathon Nobles, in Texas, attempted to stay his execution to evaluate his suitability as a donor. See Inmate's Organ Donor Wish Poses Quandary, Tom Coyne, AP (May 19, 2005); available at www.dfw.com/mld/state/news/nation/11687567.htm. Although each of these attempts was rejected by the respective state officials, they raise interesting bioethical issues.
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.