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Sole Custody's Soul, As Viewed by a Psychologist
In an article entitled “Court of Appeals to Decide the 'Soul' of Sole Custody,” appearing in the December 2008 issue of The Matrimonial Strategist, Robert Dobrish offers commentary on the importance of an anticipated ruling from the NY Court of Appeals in Fuentes v. Board of Education of the City of New York. Dobrish expresses the hope that the Court of Appeals will “decide whether a noncustodial parent has the right to participate in educational decisions relating to a child where the divorce decree and custody order do no more than grant sole custody to the other parent.”
I share Dobrish's hope that the court will provide a clear decision, but I also hope that, in doing so, the court will appreciate the wisdom that has characterized earlier decisions in such cases as Braiman v. Braiman, 407 N.Y.S.2d 449 and Tropea v. Tropea, 642 N.Y.S.2d. 575. In both these decisions, the emotional needs of parents were subordinated to the emotional needs of children, as should occur in all such cases.
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.