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Month: October 2015

Conduct, not intention

 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...

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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...

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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...

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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...

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