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Same-Sex, Gay Adoption Panelists See Progress Ahead
In a recent panel discussion, scholars who disagree about the advisability of allowing same-sex couples to adopt children nonetheless concurred that courts are likely to maintain their support of adoption and child custody by LGBT couples. The American Constitution Society for Law and Policy (ACS), a progressive organization of attorneys and legal scholars, brought together a panel of noted experts on LGBT laws to discuss developments in adoption and custody, and what they might mean for broader rights for same-sex couples and individuals.
Guided by moderator Suzanne Goldberg, law professor at Rutgers School of Law-Newark, four panelists considered this basic question: Should parenting law distinguish between gay and non-gay parents? Adoption, foster care, and custody color the debate about same-sex marriage because they raise the issue of the state's interest in treating one group of citizens differently than another. And, as others have observed (see “After Lawrence, Conservatives Make New Case for Federal Marriage Amendment,” infra), opponents of same-sex marriage use the welfare of children as a critical argument against it. So, the panel first discussed whether social science research indicates if same-sex couples are inferior parents, a common justification that opponents of gay adoptions use. Then it looked at other justifications that are cited — such as morality — if social science is unclear. Finally, the panelists predicted how the issue will evolve in the next decade.
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.
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.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.