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Marital Fault and Alimony
Alimony is defined as 'the periodic payments one spouse might be ordered to pay another following the dissolution of their marriage.' Black's Law Dictionary. 6th ed. 2002. The concept of alimony is well-rooted in traditional notions of female
gender roles, primarily the notion that women lacked the ability or resources to provide for themselves and were dependent on a male figure to take care of them, both financially and emotionally. See Robert Kirkman Collins: The Theory of Marital Residuals: Applying an Income Adjustment Calculus to the Enigma of Alimony. 24 Harv. Women's L.J. (2001). Historically speaking, if a woman were left in
a position of separation (or ultimate divorce) from her husband, she was left with virtually no ability to be economically independent because her husband had been deemed the primary caretaker of her and the family throughout the couple's marriage. With the passage of time, the distinction between divorce and separation was done away with and alimony began to be awarded in all cases. Id.
Social norms dictated that a husband had an affirmative duty to support his wife, even if they no longer lived together. However, this 'duty' only extended to the 'blameless' wife, or the wife who could have no marital fault attributed to her for the dissolution of the marriage. Therefore, if the wife were to be found guilty of committing marital fault, her husband's obligation to take care of her ceased. As such, alimony as we know it today evolved from very traditional notions of gender roles in society.
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.