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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DEA Reclassifies Marijuana

DEA Reclassifies Marijuana: What It Could Mean

This week the Drug Enforcement Administration (DEA) said that it will make a decision in the coming months on whether to remove marijuana (cannabis) as a Schedule I drug under the Controlled Substances Act. Marijuana has been in that classification since the promulgation of the Act in 1970. The Act classifies drugs into five categories.
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Supreme Court cases

Justice Scalia’s Death: What It Means for the Supreme Court cases

Most of the discussion after the recent death of Justice Scalia has been about the appointment of a new justice to the U.S. Supreme Court and the likelihood of Senate Republicans confirming that individual. However, what happens to the Supreme Court cases that have already been heard have not yet been released? And what about
  • Published in Law
building community trust in law enforcement

Building Community Trust in Law Enforcement: A Call to Action

The United States, and other parts of the world, faces circumstances where death has occurred as a result of conflict between law enforcement and a member of the community. Few would argue against the proposition that law enforcement serves as the nexus between the community and the criminal justice system. And yet attendees of the
effective judicial leadership

Effective Judicial Leadership Needed

It is demoralizing to feel unappreciated, so it is not surprising that many court leaders feel a bit despondent when people don’t care if courts have to do more with less. Some members of the public feel that “courts are no different than the rest of government,” and “we should have less government anyway.” Naturally,
  • Published in Law
DUI test refusal

DUI Test Refusal and Criminal Charges – What’s Next?

There is much speculation regarding the impact, if any, of the McNeely [1] decision on warrantless blood draws in DUI/DUID traffic investigations, stops, DUI test refusals, and arrests. The analysis is varied with some claiming that the holding mandates that law enforcement secure a warrant prior to any blood draws while others suggest that whether a
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Colorado recreational marijuana law

Is Colorado Recreational Marijuana Law at Risk?

Colorado’s Amendment 64 was passed as a ballot initiative in Colorado in 2012. The voters in Colorado approved the Amendment, which amended Article XVIII of the Colorado Constitution. This constitutional amendment allowed for the legalization of recreational marijuana.  Colorado is one of four states and the District of Columbia that allow for legal, recreational use. 
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seeking justice for all

Why I’m Committed to Seeking Justice for All

I have been working towards finding justice for well over 30 years—first as a prosecutor, then as a trainer of criminal justice professionals, followed by a national-level position advocating for a more effective court system, and now back in the courtroom as a prosecutor—and more. Over time, my perspective and focus on the meaning of
  • Published in Law
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state supreme court politics

State Supreme Court Politics and the Threat to Justice

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. The  selection criteria of each state
  • Published in Law
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lawyers as peacemakers

Lawyers as Peacemakers: Reflections from South Africa

Pretoria, South Africa I recently had the honor to attend and speak at the “Lawyers as Peacemakers” conference in Pretoria, South Africa. Sponsored by the Institute for Dispute Resolution in Africa (IDRA) at the University of South Africa College of Law, the gathering explored therapeutic jurisprudence (TJ) and its practical application to various issues. The
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