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The March Toward Marriage Equality in a Post-Windsor Nation
In the march toward marriage equality, the Supreme Court's decision in United States v. Windsor , 133 S. Ct. 2675 (2013), continues to resonate, as federal district courts across the country have relied upon it in striking down state bans on same-sex marriage. Indeed, since the landmark Windsor ruling in June 2013, every federal court that has heard a challenge to a state's law prohibiting same-sex marriage has declared the law unconstitutional, citing the reasoning of the majority in Windsor.
As noted in our earlier examination of Windsor's impact (See The Matrimonial Strategist, Dec. 2013, http://bit.ly/1jx15K4), in the months following the Supreme Court's decision, more than a dozen lawsuits were commenced in state and federal courts seeking to overturn state same-sex marriage bans. By mid-December, four states ' New Jersey, Hawaii, Illinois and New Mexico ' joined the 13 others (and the District of Columbia) that had legalized same-sex marriage prior to Windsor. Since then, federal trial judges have overturned bans on same-sex marriage in Oklahoma, Utah, Virginia, Texas, Michigan, Idaho, Oregon and Pennsylvania, all with a nod to the Windsor decision. And in related decisions, federal judges in Kentucky, Tennessee, Ohio and Indiana have ruled that those states, which have not legalized same-sex marriage, must nevertheless recognize out-of-state same-sex marriages based on Windsor .
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.