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Court Victories Don't Mean Voters Are in the Clear
As the country prepares itself for the presidential election in November, a flurry of recent court rulings have blocked or blunted the efforts of three state legislatures to impose barriers to the ballot box. Litigation activity over strict photo ID laws or other voting restrictions in Texas, North Carolina and North Dakota has quieted, leaving voters, principally minority voters, in these states in a better position than they were a few months ago but worse off than in the last presidential election. Let us explain.
Photo ID Laws
In 2012, the country had only four states with very strict photo ID laws in effect, requiring the kind of IDs that high numbers of otherwise eligible voters do not have. In 2016 the number of states with such restrictive ID laws has doubled (and the number would be even higher were it not for the courts). The sharp increase appears to be significantly influenced by two factors. First, strict photo ID laws have been the most common legislative technique used by those attempting to deflate voting — rationalized by the goal of eliminating alleged impersonation at the polls. A wave of restrictive voting laws swept the country after the 2010 state legislative elections and took numerous forms, but strict photo ID laws were the most prevalent.
The second factor, of course, was the evisceration of the pre-clearance provision of the Voting Rights Act, known as Section 5—which required the Department of Justice or a three-judge court
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.
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.
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.
Marketing Analytics: More Is Not Always Best
In the past few decades, law firms have made great strides in catching up with the rest of the corporate world and are reaping the benefits of all kinds of marketing. This acceptance by firm management is in great part due to an increased appreciation of analytics, made possible by digital marketing and social media.
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.