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Who Is a Grandparent?
It has been said that 'just definitions either prevent or put an end to disputes.' Perhaps this saying exaggerates the point, but it does highlight the importance of understanding the precise meanings of words. In contemporary family law practice, however, many legal definitions are not precise. Instead, they often express the essential nature of terms and concepts, underscoring the dynamic nature of domestic relations law and the need to alter or expand the legal vocabulary in response to modern social reality. The definition of income for support purposes is one example. Family lawyers and family court judges frequently grapple over what constitutes income (much the same way as tax lawyers and accountants).
Today, the greatest challenge involving definitions is over the word marriage. What is a marriage? Constitutionally speaking, who should be allowed to marry and who should not? A generation ago, this debate was not on the radar screen of most family lawyers, yet few practitioners doubt that the issue will come before the U.S. Supreme Court within the next few years, if not sooner.
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.