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The March Toward Marriage Equality in a Post-<i>Windsor</i> Nation
The Supreme Court's decision in United States v. Windsor, 133 S. Ct. 2675 (2013), has had immediate, positive effects on the aspirations of same-sex couples to be accorded the same rights long held by heterosexual spouses. In Windsor, the Court struck down as unconstitutional the definition of marriage ' as the union of one man and one woman ' contained in the federal Defense of Marriage Act (DOMA) (codified at 1 U.S.C. ' 7). The Court ruled that DOMA, by its restrictive definition of marriage, sought to ' and did ' injure same-sex spouses, legally married under state law, by denying them the array of federal benefits enjoyed by heterosexual married couples.
As Justice Anthony Kennedy wrote in his majority opinion, “DOMA writes inequality into the entire United States Code ' forc[ing] same-sex couples to live as married for the purpose of state law but unmarried for the purpose of federal law ' .” Windsor, 133 S. Ct. at 2694. Justice Kennedy noted that DOMA prevented same-sex married couples from obtaining benefits they would otherwise be entitled to under more than 1,000 federal statutes and regulations. See id. at 2690, 2694.
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.