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'Physician-Assisted Suicide' Passes Supreme Court Muster
On Jan. 17, the U.S Supreme Court announced its decision in Gonzalez v. Oregon, upholding Oregon's state law on so-called 'physician-assisted suicide.' The Supreme Court decision rejected an effort by the Justice Department to punish physicians who assist terminally ill patients with prescriptions of lethal doses of controlled medications pursuant to the Oregon Death With Dignity Act (ODWDA).
The case had been widely followed as it proceeded through the federal court system, and is now expected to invite similar legislation as other states consider enacting assisted-death laws. In this article, we consider the state and federal legislation that was placed at loggerheads by an administrative directive of the Attorney General of the United States; the decisions of the lower federal courts presented with the issue; and the ultimate disposition of the matter by the Supreme Court. Later this year, a second article will consider the aftermath of the ruling and whether, as some have predicted, more states will enact legislation enabling physician-assisted suicide under specific guidelines similar to those upheld in Oregon.
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.