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In late June, the U.S. Supreme Court handed down two historic decisions involving the issue of same-sex marriage. In United States v. Windsor, No. 12-307, 2013 WL 3196928 (U.S. June 26, 2013), the Court held unconstitutional section 3 of the Defense of Marriage Act (DOMA), which limited marriage to heterosexual unions of one man and one woman for purposes of federal law. In a 5-4 decision, the Court held that DOMA's definition of marriage was unconstitutional. In Hollingsworth v. Perry, No. 12-144, 2013 WL 3196927 (U.S. June 26, 2013), the Court held that it did not have jurisdiction to determine the constitutionality of Proposition 8, a 2008 California ballot initiative that amended that state's Constitution to define marriage as the union of a man and a woman. The ruling, also a 5-4 decision, let stand a lower court decision that had struck down Proposition 8 as unconstitutional.”
DOMA Violates Same-sex Spouses' Equal Protection Rights
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 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.
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.
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.
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.