Michigan and Ohio Legal News Blog

There is no more conservative value than "respect your elders." See Ten Commandments. We could add "show good manners". It is clear that these values were not present among the boys in this video of teenagers taunting a native American elder. It apparently never occurred to them that "respect other human beings whose traditions are different from your own" is also an inherently American value.

This article, "When the Police Become Prosecutors" in The New York Times, taught me something about the criminal law I had no idea existed. In some states, many thousands of misdemeanor cases are brought by police officers without lawyers as prosecutors. The article, by a Harvard Law scholar, suggests this practice causes harm by not separating the arresting power from the prosecuting power. I'm inclined to agree. A fresh set of eyes by a prosecutor can prevent a person from getting stuck with a conviction for a weak case that shouldn't have been brought. 

Last week, Michigan became the 10th state to legalize recreational marijuana use for adults over the age of 21. Anything in public places remains illegal. Smoking in a driveway or front porch is off limits, but a backyard may be okay unless a neighbor takes offense and files a nuisance complaint.

For the most part, the answer is yes, an employer still has the right to enforce zero tolerance policies and refuse to hire or fire workers who test positive. Nuances could exist however and judges will need to decide cases that fall within gray areas – potentially related to edibles or unsupported accusations of marijuana use/impairment on the job.

In a decision today, a federal judge ruled Professor Pamela Smock could proceed in her case that she was denied due process because the University punished her without allowing her to cross-examine her accusers. The decision will require the University to change its procedures in investigating and punishing professors. David Nacht states "bureaucrats and administrators have too much power. This lawsuit and this decision help accused professors level the playing field."