The Detroit Lions recently found themselves in the midst of a firestorm when it was discovered that their new football coach, Matt Patricia, had been arrested in 1996 for a felony sexual assault. All charges were dropped before trial, and the case was dismissed....
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Criminal Law
A critical moment in Mueller investigation of the President
The President is changing lawyers. He is not likely to ask me so I am happy to discuss his situation. Too many commentators on the Mueller investigation do so from a partisan perspective. This is a legal investigation and Mueller is a professional prosecutor. For now,...
Border Patrol Warrantless Searches Far From The Border
A federal law says the Border Patrol can conduct warrantless searches and trespass on private property within 100 miles of the Border. Think about that. Why should people who look dark or Latino have all the fun of being treated like criminals or the enemy in their...
Clearing Marijuana Convictions
The idea that people who smoke marijuana and provide small quantities to their friends should continue to classified as criminals is frankly ridiculous and harms the economy. Drug convictions in Michigan are generally not expungeable. We have a law "7411" that allows...
In an age of accusations, please remember that due process matters
Every day we are bombarded with public accusations. Not all of them are true. Some of them are. People who make claims should be taken seriously. But they should not automatically be believed. Last Friday, we filed suit against the University of Michigan on behalf of...
A More Nuanced Look at the Nunes Memo
The FISA court -- a court of rotating federal judges that issues warrants on intelligence suspects-- authorized a secret wiretap on a US citizen suspected of close ties with Russian agents, Carter Page. That the Intelligence Committee of the House of Republicans...
Let’s Move to Fewer Police-Driver Interactions
Let's move to the future faster with fewer police-driver interactions. Once cars are automated, we know there will be far fewer police stops of motorists. The cars will not be programmable to break the law. What about now? Besides stopping dangerous drivers, such as...
Sixth Circuit Court of Appeals Expands Accused Rights in College Disciplinary Proceedings
"Cross-examination is the greatest legal engine ever invented for the discovery of truth." So wrote John Henry Wigmore, legendary judge and legal scholar. However, when a college student is faced with a disciplinary proceeding, cross examination has not been required...
How to keep a false accusation from ruining a career
In the world of Google, all it takes is one false accusation to ruin a healthcare professional’s career. An investigation by a licensing board, for example the Michigan Board of nursing, is also more likely to show up online. You can take every effort to avoid...
Ohio toughens the burden of proof required for cops to take our stuff
Ohio has made a rare but important step forward in reversing the effect of the war on drugs on our basic rights. Civil forfeiture was developed as a way of combatting the scary power that rich criminals have by amassing wealth. But throughout the country, police...
