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Same-Sex Marriage
We continue this month with our discussion of some of the recent developments in the interaction between state and federal laws relating to same-sex marriage.
Last month, we began looking at the case of Commonwealth of Massachusetts v. U.S. Dept. of Health and Human Services, 698 F.Supp.2d 234 (D.Mass. 7/8/10), in which Massachusetts, represented by Attorney General Martha Coakley, claimed that Section 3 of the federal Defense of Marriage Act (DOMA) violates the Tenth Amendment of the Constitution by intruding on a traditional area of exclusive state authority: the right to define and regulate family matters, including marriage. It also claimed that DOMA violates the Spending Clause by conditioning the receipt of federal funds on the Commonwealth's willingness to unconstitutionally discriminate against some of its citizens. The case involved two federal/state government programs: one that provides burial plots to veterans, and one that provides medical services to certain Massachusetts citizens. The Commonwealth of Massachusetts sued to defend its right as a state to provide these services to all of its eligible citizens, as defined by its own law.
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.