Drug Testing

The Nuts and Bolts of Drug Testing: Part 1

Part one of The Nuts and Bolts of Drug Testing explores why drug testing is essential in drug treatment courts. Learn how testing reduces recidivism, monitors abstinence, and serves as a treatment adjunct. Gain insight into different testing methods and their benefits to better understand their critical role in the justice system.
Hospital liability

Hospital Liability: Understanding Malpractice and Administrative Negligence

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 for the negligence of its
Procedural fairness

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 dependent upon the judge’s personality but rather upon the nature
  • Published in Law
Sixth Amendment right to counsel

The Sixth Amendment to the U.S. Constitution

As almost every American has learned from watching a myriad of police shows, a person charged with a crime has the right to an attorney and if that person cannot afford an attorney, one will be provided for them.  Contrary to the television shows, the language about the right to an attorney contained in the
  • Published in Law
Drug Treatment Courts

A Judge’s Journey: How Sobriety Courts Transformed Justice – Part 2

In part two of this series, Judge Brian MacKenzie interviews Judge Michael Haley about his law review article, Drug Courts: The Criminal Justice System Rolls the Rock. Judge Haley shares how Sobriety Courts transformed his approach to sentencing, offering hope and improving outcomes for participants and judges alike.
Voting Rights

Voting Rights: Court Rulings on Democracy’s Cornerstone

This episode of Justice Speaks examines pivotal court decisions addressing voting rights following the Shelby County v. Holder ruling. Judges Peggy Hora (Ret.) and Brian MacKenzie (Ret.) discuss cases in North Carolina, Wisconsin, Texas, Michigan, and Kansas that highlight the ongoing battle to protect democracy and equality in the face of restrictive laws.
Syrian Refugee Crisis

Syrian Refugee Crisis: A View from Istanbul

I was recently invited by the Turkish Association of Judicial Unity, (YBD) to be an observer at an international symposium on the Syrian refugee crisis.   It was arranged in cooperation with the law schools of Istanbul and Ankara Universities, the Raoul Wallenberg Institute of Human Rights and Humanitarian Law, and the Turkish Ministry of Interior. Turkey
  • Published in Law
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Vicarious Liability and Company Vehicles

Vicarious Liability: 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 to be considered within the
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Drug Treatment Courts

A Judge’s Journey: How Drug Treatment Courts Transformed Justice – Part 1

In part one of this series, Judge Brian MacKenzie interviews Judge Michael Haley about his law review article, Drug Court: The Criminal Justice System Rolls the Rock. Judge Haley shares his journey in developing a Drug Treatment Court, the challenges faced, and how these courts provide hope and transform sentencing practices.
Drug Treatment Court Judges

The Judge’s Role in Drug Treatment Courts: Research and Insights

This episode delves into the critical role of Drug Treatment Court judges and how their behavior impacts participant success. Research highlights the importance of procedural fairness, positive judicial demeanor, and the judge-participant relationship in creating transformational outcomes for drug-dependent defendants. Discover what makes a successful DTC judge.