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On Constitutional Rights, Divorce and the Best-Interest Test
Other than holding that courts cannot use race as a criterion for decision (Palmore v. Sidoti, 466 US 429 (1984)), the U.S. Supreme Court has not delved deeply into defining the constitutional rights of divorcing parents in the context of a custody dispute. In Shepp v. Shepp, 906 A2d 1165 (Pa. 2006), however, the Pennsylvania Supreme Court recently held that a divorced parent had a constitutional right to advocate his sincere religious belief in polygamy to his 9-year-old child.
The Pennsylvania Supreme Court's varying opinions suggest good reason for the U.S. Supreme Court to continue to stay out of the area. A custody dispute is, in essence, an intrafamily battle, not a contest between the individual and the state. It does not lend itself to broad declarations of rights, as the circumstances of every family and the best interests of every child are unique. Claims of constitutional rights encourage parents to be more rigid and adversarial, when children generally need parents to be flexible and to compromise.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.