Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Preserving Native-American Heritage over Other Best-Interest Considerations
The U.S. Supreme Court has agreed to hear the appeal of Adoptive Couple v. Baby Girl, 398 S.C. 625, (S.C. 2012), a case in which the Supreme Court of South Carolina confirmed a lower court's return of a Native-American child to her biological father, a member of the Cherokee Nation, over the objections of her would-be adoptive parents, who are not American Indians. The state high court based its decision on the dictates of the Federal Indian Child Welfare Act, 25 U.S.C.S. ' 1901 et. seq. (ICWA), a law enacted in 1978 to promote the rights of Native Americans and their tribes to maintain their heritage in the face of encroachment by the greater U.S. culture. Congress had deemed the legislation necessary because, prior to its enactment, Indian children were being removed from their homes at an alarming rate on the basis of neglect findings precipitated in large part by the tendency of “many social workers, ignorant of Indian cultural values and social norms … [to] discover neglect or abandonment where none exists.” H.R. Rep. No. 1386, at 22 (1978), reprinted in 1978 U.S.C.C.A.N. 7530, 7533.'
The questions raised by Adoptive Couple v. Baby Girl concern both the trial court's findings of fact and just how the ICWA should sway the balance of competing interests: the child's, the biological parents', the adoptive parents', and the tribe's. The case is being closely watched by family practitioners and others interested in child welfare law, as its outcome will affect the adoption prospects of Native-American children nationwide.
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.