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Partial Birth Abortion
In what may become a landmark decision on abortion rights, the U.S. Supreme Court recently upheld the federal Partial-Birth Abortion Ban Act of 2003 (the Act) in a 5-to-4 decision with implications extending beyond the abortion field.
Announcing its decision in Gonzales v. Carhart, 2007 U.S. LEXIS 4338 (2007), the Court for the first time upheld a ban on a specific method of abortion. By this decision, the Court approved federal legislation that places physicians who perform the prohibited procedure at risk for possible criminal prosecution, fines and up to two years in prison. The federal legislation, passed in 2003, had never taken full effect as lower court rulings granted permanent injunctions prohibiting the Attorney General from enforcing the Act in all cases but those in which there was no dispute that the fetus was viable. Understanding the potential impact of the Gonzales decision requires consideration of prior Supreme Court rulings and the medical procedure in issue.
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.