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Bias and Prejudice in Custody Evaluations
Only fools assert that they are free of biases. Biases come in many forms. Some are personal (held by particular individuals); some are culturally determined; and some come with being human, and affect all of us. Some biases operate consciously; some operate outside the realm of consciousness. Some biases are reasonably foreseeable; some cannot be anticipated. Of significant concern to matrimonial attorneys are those biases that affect the judgment of custody evaluators.
The biases to which we refer most frequently are attitudinal biases, reflecting a preference or inclination that impairs objectivity and lessens the probability that an impartial judgment will be rendered. It is important to reflect upon the manner in which we use the terms “value” and “bias.” In typical usage, a value is a good thing; a bias is a bad thing. The attitudes with which we agree we refer to as values; those with which we disagree we refer to as biases. The evaluator who feels (for personal or for religious reasons) that children should be raised by a male and a female is likely to describe this belief as a value. A representative of the Lambda Legal Defense Fund is likely to describe this belief as a bias.
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.
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.
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.