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International Custody Disputes
The Uniform Child Custody Jurisdiction and Enforcement Act ('UCCJEA') was drafted by the National Conference of Commissioners on Uniform State Laws in 1997. The act is the exclusive method of determining subject matter jurisdiction in custody disputes involving competing jurisdictions. It applies to international custody disputes as well as interstate disputes. (Currently, the only two jurisdictions in the United States that have not adopted the UCCJEA are Massachusetts and Missouri.)
Under Section 105(c) of the UCCJEA, foreign countries are to be treated as states for the purpose of determining jurisdiction, unless the child custody law of the country violates fundamental principals of human rights. According to the Comment, this concept is similar to the one found in Section 20 of the Hague Convention on the Civil Aspects of International Child Abduction (where return of a child may be refused if this would not be permitted by the fundamental principles of the requested state relating to the protection of human rights and international freedoms).
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.