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Daubert standard

The Daubert Double Standard: Scientific Evidence in Courtrooms

Tuesday, 12 May 2020 by Hon. Brian MacKenzie (Ret.)
The Daubert standard reshaped judicial roles as gatekeepers of scientific evidence, yet its application remains inconsistent. While civil courts apply rigorous scrutiny, criminal courts often admit unreliable forensic evidence. Judges must correct this imbalance to ensure justice. The Science Bench Book for Judges offers guidance to navigate this critical issue.
  • Published in Law
Tagged under: Criminal vs civil justice, Daubert Standard, forensic science reliability, Frye Standard, Scientific Evidence in Court
Workplace drug testing

Workplace Drug Testing and Reasonable Suspicion Standards

Tuesday, 22 May 2018 by Hon. Brian MacKenzie (Ret.)
Within a workplace setting what does an employer do when there is a legitimate reason to believe that the employee has been abusing alcohol or taking other drugs.  The law regarding employee privacy is evolving and many workplace drug testing programs should be considered open to a legal challenge.  What is the right balance of
  • Published in Corporate Safety, Drug Policies, Drug Testing, Law
Right to counsel

The Right to Counsel: Gideon’s Mandate and Judicial Responsibility

Tuesday, 08 May 2018 by Hon. Brian MacKenzie (Ret.)
The Sixth Amendment guarantees the right to counsel, but millions face court without an attorney. This article explores how local court practices, judicial inertia, and funding gaps have led to systemic violations of this constitutional mandate—and what steps states like Michigan are taking to reverse course.
  • Published in Law
Tagged under: Gideon v. Wainwright, Judicial Reform, Right to counsel, Sixth Amendment
negligent entrustment

Negligent Entrustment and the Cost of Employer Oversight

Monday, 26 March 2018 by Hon. Brian MacKenzie (Ret.)
A tragic crash in Michigan highlights the deadly consequences of negligent entrustment. This blog explains how poor hiring decisions, fatigue, and lack of corporate safety policies can lead to legal and financial ruin. Learn how employers can reduce liability and protect lives through proper vetting, training, and risk management.
  • Published in Corporate Safety, Road Safety, Traffic Safety
Tagged under: commercial driver safety, corporate traffic safety, Employer Liability, Negligent Entrustment, Vicarious Liability
political delegitimization

Political Delegitimization and the Threat to Democracy

Tuesday, 13 February 2018 by Hon. Brian MacKenzie (Ret.)
The violent threats made by Brandon Griesemer reflect a deeper issue—political delegitimization. This article explores how undermining opponents’ legitimacy erodes democratic institutions. Drawing on insights from How Democracies Die, it highlights the urgent need to defend tolerance, facts, and the rule of law before it’s too late.
  • Published in Law
Tagged under: democratic erosion, How Democracies Die, hreats to democracy, political delegitimization, political tolerance
Equifax data breach

How the Equifax Data Breach Exposed Millions

Tuesday, 30 January 2018 by Hon. Brian MacKenzie (Ret.)
The Equifax data breach compromised the personal data of over 145 million Americans. This blog examines how the breach occurred, the risks of unencrypted information, and the failure of regulatory safeguards. It also provides practical steps for protecting your identity, including freezing credit and monitoring financial records.
  • Published in Cyber Law, Law
Tagged under: consumer protection, credit monitoring, cybersecurity failures, Equifax data breach, identity theft prevention
smartphone tracking

The Spy in Your Pocket: Smartphone Tracking and Data Privacy

Tuesday, 02 January 2018 by Hon. Brian MacKenzie (Ret.)
Your smartphone is silently tracking your every move. Whether you use Android or iPhone, your data is collected, analyzed, and shared—often without your knowledge. This blog explores how smartphone tracking works, its risks to your privacy, and steps you can take to protect your personal information and digital security.
  • Published in Cyber Law
Tagged under: Android privacy, cybersecurity tips, data privacy, iPhone location settings, smartphone tracking
Specimen Collection Practices

Ensuring Accurate Specimen Collection: Key Practices for Justice Programs: Part 3

Thursday, 21 December 2017 by Hon. Brian MacKenzie (Ret.)
Part three of The Nuts and Bolts of Drug Testing focuses on specimen collection practices. Discover best practices for participant identification, secure collection sites, chain of custody, and witnessed collections to ensure accurate and reliable test results. Proper procedures are vital for maintaining integrity in justice programs and preventing test subversion.
  • Published in Drug Testing, Podcast
Carpenter v. United States privacy

Why Carpenter v. United States Matters for Your Privacy

Tuesday, 12 December 2017 by Hon. Brian MacKenzie (Ret.)
The Supreme Court case Carpenter v. United States centers on the government’s access to cell phone location data without a warrant. While the defendant was guilty of serious crimes, the legal implications extend to every American's privacy. Learn how this decision shapes digital surveillance and your rights in the information age.
  • Published in Cyber Law
Tagged under: Carpenter v. United States, cell phone location tracking, digital privacy, Fourth Amendment rights, Supreme Court decision
Treatment Court Best Practices

Treatment Court Best Practices: Comprehensive Drug Testing: Part 2

Thursday, 30 November 2017 by Hon. Brian MacKenzie (Ret.)
Part two of The Nuts and Bolts of Drug Testing delves into the best practices for effective testing in treatment courts. Discover how frequent, random, long-term, and comprehensive testing supports participant success, reduces recidivism, and enhances program integrity. Learn why testing is a cornerstone of treatment court best practices.
  • Published in Drug Testing, Podcast
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