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Test Item Transparency
We hypothesize that if attorneys, judges, and psychologists were asked to rate the usefulness of data from psychological tests administered in the context of family law matters, attorneys and judges would assign higher ratings than would psychologists. Dianna Gould-Saltman, a former family law attorney, now a judge sitting in the Los Angeles Superior Court, has opined that attorneys like tests because they “break things down to numbers, and we understand numbers.” [Gould-Saltman's views were expressed in an article entitled "Testing, One, Two, Three, Testing: An Attorney Perspective," appearing in the Journal of Child Custody, 2(1&2), 2005, pp. 71-81.]
Some of the problems inherent in psychological testing conducted in the context of litigated custody disputes have been addressed previously in The Matrimonial Strategist [Martindale, D. A. (2005). Psychological Assessment: Evaluating the Evaluations. The Matrimonial Strategist, 22:12, 3-5]. Here, we address the problems that are inalterably linked to test-taker motivation and to the susceptibility [and possible ease] of psychological test data to deliberate distortion. Though the topic of test-taker motivation has been addressed at length in many articles and text chapters, the susceptibility of psychological test data to deliberate distortion has received less attention, and methods for addressing the problem are not as effective as non-psychologists are led to believe they are.
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.