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Who Should Pay for a Legally Required Lawyer?

Who Should Pay for a Legally Required Lawyer?

Who Should Pay for a Legally Required Lawyer? Oakland County is suing Michigan. The lawsuit is about attorneys. More specifically, the lawsuit is, in part, about which set of taxpayers pays for attorneys. The lawyer who sued for the county is paid by Oakland County tax dollars; the one representing Michigan is being paid by […]

Why Democracy?

Why Democracy?

Why Democracy? The number of people claiming that the American governmental system is broken and that it is impossible to fix is growing. Anti-democratic rhetoric is now common. On Twitter, Facebook and other social media, people routinely claim that our founders created a republic, not a democracy, while others express support for rolling back democratic […]

Hospital Liability: Understanding the Issues

Hospital Liability: Understanding the Issues

Hospital Liability: Understanding the Issues Hospital liability arises from two separate and distinct sources. The first comes from malpractice committed by medical staff and the second arises from the negligence of administrative staff.   The legal theories behind these two sources of litigation are different and can cause confusion for hospital administrators. While a hospital’s liability […]

The Role of the Judge: Procedural Fairness and Drug-Treatment Courts

The Role of the Judge: Procedural Fairness and Drug-Treatment Courts

The Role of the Judge: Procedural Fairness and Drug-Treatment Courts The factors that make up a successful Drug Treatment Court (DTC) are diverse, but the emerging research demonstrates, beyond a reasonable doubt, that the interaction between a judge and a participant is central to that success[1]. The bond between participant and judge is not solely […]

Vicarious Liability: Employer Liability for Employees’ Driving

Vicarious Liability: Employer Liability for Employees’ Driving

Employer Liability for Employees’ Driving The common law legal theory of vicarious liability existed long before the invention of the first motor vehicle.  Applying the concept of respondeat superior, courts have held that an employer is responsible for the wrongful acts or omissions of their employees during their scope of their employment. For an act […]

Political Strife in State Supreme Courts

Political Strife in State Supreme Courts

Political Strife in State Supreme Courts State Supreme Courts are “the ultimate judicial tribunal in the court system of a particular state.”  The Federal Courts only trumps them when there is a federal question and even then there is sometimes concurrent jurisdiction. On state issues they are the last word and therefore of utmost importance. […]