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Whither Same-Sex Marriage?
July 6 marked an historic moment in the history of New York's Court of Appeals. Some will argue (this author included) that it is a black mark against the court's reputation as an institution willing to take a different, non-traditional path for the determination of significant, historic and controversial issues of equal rights and equal protection under the law when the high courts of its sister states have often ducked and evaded the opportunity to confront societal biases head on. Oftentimes, our Court of Appeals has turned to the New York State Constitution for this purpose in order to ensure that the underpinnings of its decisions will withstand attack in the Federal Courts. Nevertheless, the current Court of Appeals has punted the issue of same-sex marriage back to New York's Legislature over a carefully crafted and ringing dissent by Chief Judge Judith S. Kaye.
Judge Robert S. Smith, writing for the majority, is neither coy nor disingenuous in his approach, for at the very outset of the decision he states unequivocally, 'We hold that the New York Constitution does not compel recognition of marriages between members of the same sex. Whether such marriages should be recognized is a question to be addressed by the Legislature.' As is Judge Smith's style, from the very beginning he straightforwardly tells us where he is going. For that he must be commended, since it will save some readers the agony and suspense of delving through 17 pages before reaching the punchline.
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.