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Justices' Silence on Marriage Rights Speaks Volumes
By declining on Oct. 6 to take up any of the same-sex marriage cases pending before it, the U.S. Supreme Court defied the conventional wisdom that it finally would resolve the debate over the constitutionality of state bans on those marriages.
Experienced high-court practitioners hesitate to speculate about why the justices take certain actions. But those advocating marriage equality tended to agree that, in denying review, the high court sent a clear signal that a majority thinks those bans are unconstitutional. “The Supreme Court may feel the federal judges are all coming to the same conclusion and [that] it's not necessary to intervene,” suggested Theodore Olson of Gibson, Dunn & Crutcher, co-lead counsel in one of two Virginia challenges. “It sends a fairly strong signal that federal judges who have ruled in favor of marriage equality are getting it right.”
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.