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Bias in Custody Evaluations
The hallmarks of effective and trustworthy forensic work are: 1) even-handed and fair-minded interaction with litigants; 2) collection of data; and 3) interpretation of what has been learned about a family. “Bias,” in the broadest sense, refers to an emotional or cognitive inclination that interferes with an unprejudiced consideration of the data that has been gathered.
Bias can come in many forms. An evaluator may unconsciously favor fathers, a prejudice that quickly becomes evident when he disdains some of the mother's assertions without reason. Another evaluator may set herself up for a preference for the mother's position in a case simply by interviewing the mother first ' and repeatedly ' in advance of ever seeing the father. Still another evaluator may enter an assessment with firmly held pre-conceptions about what is good and bad for children (e.g., the family bed is bad; young children should be with their mothers; etc.) despite the fact that the empirical research in his or her discipline fails to support such ideas.
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.