Therapeutic Jurisprudence

Therapeutic Jurisprudence in Impaired Driving Law

Driving while impaired (DWI) by alcohol or other drugs is an international problem. Far too many people lose their lives, are injured or injure others while engaging in this totally preventable crime. Some countries have a stronger ethic about not drinking and driving than others but it is a widespread issue in all parts of
Elder Abuse and Exploitation

Elder Abuse and Exploitation: Protecting Vulnerable Adults

Editor’s Note: June 15th is World Elder Abuse Awareness Day.  Learn more here.  With our ever growing aging population, crimes against older adults are increasing and becoming more widespread.  Since 2010, the senior population (65 and over) has increased 30% compared to an overall population growth of only 12%. The percentage of Americans in their
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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
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Romer v. Evans

Romer v. Evans: A Landmark in LGBT Rights History

May 20, 2016 marks the 20th anniversary of the Supreme Court decision in Romer v. Evans. This was the first positive decision by that Court on the issues of Lesbian, Gay, Bisexual and Transgender (LGBT) rights. It overturned a discriminatory Colorado initiative (Amendment 2) that sought to amend the state constitution to prohibit protections for
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Drugged Driving

Marijuana in the Workplace

Along with alcohol and other drugs in the workplace, the advent of the legalization of medical and recreational marijuana in many states requires employers to face a variety of issues related to the use of marijuana by employees. The U.S. Substance Abuse and Mental Health Services Administration (SAMHSA) estimated in 2013 that 9.1% of full-time
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
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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,
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