Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Custody Awards and 'Zones of Decision-Making'
The overriding policy that governs New York law with regard to custody determinations is that “there shall be no prima facie right to the custody of the child by either parent but the court shall determine what is for the best interests of the child.” Domestic Relations Law ' 240. New York courts traditionally awarded the “custody” or “sole custody” of a child to one parent and visitation rights to the “non-custodial parent.” Since the 1960s, New York Courts have also sometimes awarded the parents “joint custody.”
In more recent years, New York courts have divided “spheres,” or “zones of decision-making,” between the parents, in addition to determining the physical custody of the child. Courts have had little difficulty categorizing the “zones” of parental decision-making. The cases break down the areas of decisions into religion, education, choice of schools, extra-curricular activities (including after-school and recreational programs), tutoring, summer camp, health (medical, dental, therapy, counseling, psychological or psychiatric treatment, doctors and surgeons), finances, and citizenship. But what prompts the courts to make these types of custody determinations? A review of the case law reveals the many and varied considerations that have formed the basis for awarding parents “zones of decision-making.”
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.