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How Much Control?
It is not uncommon to find municipalities regulating the use of property through zoning codes so that issues of similarity of use in a specific area and traffic flow can be handled to benefit the public at large. Very few would argue that, in some measure, municipal regulation to protect the health, safety, and welfare of the public at large, a.k.a., police power, is an appropriate use of the power of government, especially in light of monetary remedies, rather than a taking. However, perhaps as a backdoor to overcome public concerns over the perceived overuse of the powers of eminent domain and while the country waits for any action from Congress on takings, there appears to be an increasing trend in municipalities in the United States to regulate aesthetics and use through the development of 'chronic nuisance' statutes that permit property closure, and regulation of vacant properties.
In enacting these regulations, municipalities make the arguments of protecting the health, safety, and welfare of the public. However, these types of regulations continue to fuel the undercurrent of debate as to how far is too far in the regulation of property and whether such regulations are in fact merely the use of eminent domain power in what can be a carefully crafted disguise. Just how far can a municipality go in enacting legislation regarding real property?
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.
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.
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.