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Same-Sex Marriage As an Issue of 'Tolerance,' Not 'Acceptance'
When it comes to same-sex marriage and related issues, proponents of equality often are divided over how they should make their case politically, socially, and in the courts. Some LGBT advocates believe that direct challenges are necessary to highlight the inequities faced by same-sex couples, while others counsel a more incremental and/or indirect approach. One of America's most prominent analysts of social change considered this issue recently, and he came down solidly on the side of a less-aggressive approach, arguing that many Americans who are now considered in the category of opposing same-sex partnerships actually would support them if the issue was properly framed.
“There is a group of Americans who comprise the majority … who right now are saying that they hate and dislike gay marriage – but that's not what they mean. They are people who are on the fence, for whom this issue that is new and shocking and difficult to understand,” said noted author Malcolm Gladwell in a keynote presentation at National Gay and Lesbian Task Force's 18th annual Creating Change Conference in Oakland, CA, in November.
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.