One of the great challenges with criminal law is determining a balance. Too little law and regulation and there is a fear of anarchy. But too much law can become stifling and oppressive. North Korea probably has very little street crime, but who would choose to...

Month: October 2015
More on venue and jurisdiction
Venue is a more particular question of location within a jurisdiction. Say a business in Marquette is suing a Detroit-based supplier. Venue could be proper in either city, but typically should be chosen based on where the important elements of the case occurred....
Home court advantage?
In sports, a home court is always the preferred venue for any team. Having familiar surroundings and a guaranteed advantage with friendly fans can help a team perform at its best and become successful. Business litigation will never be confused with a sporting...
Factors in Michigan child custody determinations
Child custody determinations are among the most complex analysis that a judge has to perform in a family law case. The Michigan legislature has created a set of factors that a judge must use when evaluating questions of "best interests of the child" for child...
Woman charged in Michigan Home Depot shooting incident
The advent of widely used conceal and carry laws bring consequences that some may not consider prior to their obtaining a permit and carrying a gun. Ostensibly, the purpose of such permits is to allow ordinary citizens to carry weapons on their person for...
What do contracts do?
Most people who have contact with contracts on a regular basis view them as utilitarian instruments designed for a particular purpose. They may contain the agreement for a commercial lease, between a tenant and the owner of the building. They describe the terms of a...
Conflict by other means
It has been famously said that war is politics by other means. Unfortunately, what Clausewitz said of war and politics can be applicable to matters of family law. A divorce or child custody hearing can become a device used by parents to continue to wage war on...
Contract breach: commonplace reality in an imperfect business world
Utopia is of course an optimal setting in any imaginable context. When all is harmony and bliss, there is no basis for acrimony or for the relationships forged between people to sour.Being such an incredibly nice place unfortunately makes utopia a flatly fictional...
The job of prison?
No one in Michigan or the U.S., for that matter, wonders why we have prisons. They exist to punish wrongdoers. Period. Oh, sure, corrections wonks may speak of rehabilitation in abstract terms, and may create a few programs here and there, but that is clearly a...