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What Would Samuel Alito's Confirmation Mean for Same-Sex Couples?
Senate hearings on the nomination of Samuel A. Alito, Jr., for the U.S. Supreme Court will not begin until Jan. 9, 2006, and liberal advocates are using the intervening time to engage in an uphill fight to challenge his confirmation. In particular, Alito's notions of privacy rights and the Equal Protection Clause of the U.S. Constitution have been cited by critics in the context of issues such as abortion and civil rights, respectively. Yet these same principles are the critical legal avenues that the LGBT community has utilized to expand rights over the past 20 years, suggesting that Alito's presence on the Court might shift the balance on LGBT rights issues in the future.
Retiring justice Sandra Day O'Connor has been an important vote on many issues. While abortion has drawn the greatest attention, it's likely that Alito (if he is confirmed) and new Chief Justice John Roberts eventually will decide cases of direct interest to the LGBT community. The Court's decisions on key LGBT cases have been close, with O'Connor voting consistently to broaden protections for homosexuals. Most notably, she voted with the majority in the 5-4 decision in Lawrence v. Texas in 2003 (writing her own opinion on equal protection grounds), and the 6-3 decision in Romer v. Evans in 1996.
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.