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Formal Recognition of Gay and Lesbian Relationships
Perhaps no social issue has impassioned more sustained debate among Americans in the last decade than the question of marriage rights for same-sex couples. Gay couples sought such protections for their relationships as early as 1971, Baker v. Nelson, 191 N.W.2d 185 (Minn. 1971), appeal dismissed, 409 U.S. 810 (1972), but the issue did not really impinge on the public consciousness until some 20 years later. In 1993, the Hawaii Supreme Court decided in Baehr v. Lewin, 852 P.2d 44 (Haw. 1993), that denying the right of marriage to same-sex couples amounted to sex discrimination. On remand, the trial court rejected the state's attempt to show a compelling state interest and held the marriage statute unconstitutional. The Hawaii Supreme Court affirmed. Baehr v. Miike, 1996 WL 694235 (Haw. Cir. Ct. 1996), aff'd, 950 P.2d 1234 (Haw. 1997).
Although an amendment to the Hawaii constitution later superseded the Baehr holding, the Rubicon was crossed. Congress enacted the Defense of Marriage Act (DOMA), 110 Stat. 2419 (1996), which limited federal recognition of marriage to opposite-sex couples, and further provided that no state need recognize 'a relationship between persons of the same sex that is treated as a marriage' by any other state. Thus began a complex patchwork of relationship recognition policies undertaken by each of the individual states and territories in the United States. The result for a family headed by a gay or lesbian couple is that the family members' legal relationships remain constantly in flux, changing according to their state of residence, the law of each state or territory to which they may travel, and whether the particular rights in question find their source in state or federal law.
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.
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.
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.