Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Search


Real Property Law
May 11, 2004
The latest rulings of importance to you and your practice.
Landlord & Tenant
May 11, 2004
The most recent rulings affecting you and your practice.
Real Estate Investment Trusts: A Growing Trend
May 11, 2004
REITs were invented in the US by legislation enacted in 1960 to enable small investors to make equity investments in large-scale commercial real estate in the same way they invested in large corporations in other industries. This chapter examines the requirements than an entity must satisfy to qualify as a REIT, the development of REITS, and the advantages of REITs.
The War on Judicial Sentencing Discretion
May 07, 2004
The face of federal sentencing law, policy and practice has changed dramatically over the past year ' not just for individual criminal defendants, but for corporations as well. Sentencing laws that were stiff before have now become even more onerous, and the opportunities for leniency under the new regime are scarce. This article discusses the legislative and policy changes that specifically impact sentencing for corporations.
No More 'Free Pass' for Foreign Citizens
May 07, 2004
When a US company settles a criminal antitrust case by pleading guilty, the Justice Department (DOJ) now usually requires that at least one executive receive a prison sentence. But what about foreign companies? In the past, DOJ often prosecuted foreign companies, but not foreign executives. Prosecution of foreign executives raised questions of diplomacy, since the United States until recently was the only nation that made antitrust violations a crime. Then there was the practical problem of how to arrest a foreign citizen overseas. Besides, the Bureau of Prisons (BOP) policy was to deport non-violent, non-US citizens instead of housing them at US taxpayers' expense, and the Immigration and Naturalization Service (INS) barred foreign felons from the country.
Tougher Penalties, More Prosecutions
May 07, 2004
Although the McCain-Feingold Campaign Reform Act took effect almost 18 months ago, little attention has been paid to changes it made in the enforcement of federal campaign finance law, including big penalties for violations and sentencing guidelines that mandate incarceration for most criminal convictions. Notably, the Act ' Campaign P.L. 107-155, officially called the Bipartisan Campaign Reform Act of 2002 (BCRA) ' has increased the risk of criminal prosecution as well as the penalties.
Business Crimes Hotline
May 07, 2004
Recent rulings of importance to your practice.
In the Courts
May 07, 2004
Important rulings of interest to you and your practice.
Fact-Finding Ordered on Garson Cases
May 07, 2004
Three divorce litigants whose cases were before indicted Brooklyn Justice Gerald P. Garson have produced enough information to justify fact-finding hearings to determine if their divorce decrees should be altered, Supreme Court Justice Jacqueline W. Silbermann ruled in a series of decisions made public March 17.
GAO: New York At Fault
May 07, 2004
A U.S. General Accounting Office (GAO) study released April 20 has found that a majority of states meet just half or fewer of the 14 measures used by the federal government to determine the well-being of children in the child welfare system. No state passed all of the factors ...

MOST POPULAR STORIES

  • 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.
    Read More ›
  • Supreme Court Asked to Assess Per Se Rule Tension in Criminal Antitrust
    In recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court's notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August in Sanchez et al. v. United States, asks the Supreme Court to address this tension, as embodied in the judge-made per se rule.
    Read More ›
  • Restrictive Covenants Meet the Telecommunications Act of 1996
    Congress enacted the Telecommunications Act of 1996 to encourage development of telecommunications technologies, and in particular, to facilitate growth of the wireless telephone industry. The statute's provisions on pre-emption of state and local regulation have been frequently litigated. Last month, however, the Court of Appeals, in <i>Chambers v. Old Stone Hill Road Associates (see infra<i>, p. 7) faced an issue of first impression: Can neighboring landowners invoke private restrictive covenants to prevent construction of a cellular telephone tower? The court upheld the restrictive covenants, recognizing that the federal statute was designed to reduce state and local regulation of cell phone facilities, not to alter rights created by private agreement.
    Read More ›