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The Ever-Changing Custody Rights of Non-Biological Parents
The law concerning the custody rights of biological parents is complex and continually evolving and, along with that, the rights of non-biological parents are also in flux. Within the basic framework that supports the superior custodial rights of a biological parent, there may be many misconceptions and uncertainties about what set of facts may support custody for a non-parent. The implications of a non-parent having long-term de facto custody and the effect of a prior order of custody have been addressed in recent court decisions.
The leading case on this issue is Bennett v. Jeffreys, 40 NY2d 543 (1976), which states, in pertinent part: 'The parent has a 'right' to rear its child, and the child has a 'right' to be reared by its parent.' In order to protect these rights of parent and child, the Court of Appeals created a high threshold for a non-parent petitioner: 'The State may not deprive a parent of the custody of a child absent surrender, abandonment, persisting neglect, unfitness or other like extraordinary circumstances.'
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.