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If someone is brought to the hospital after an accident and that person’s blood is drawn for medical reasons, the results are admissible in civil or criminal proceedings to show his or her blood alcohol level or the presence of a controlled substance. No warrant is required—this is true regardless of consent. MCL 257.625a(6)(e) . This provision of Michigan’s implied consent law survived a 1990 constitutional challenge in People v Perlos . In Perlos , the Michigan Supreme Court held that when a blood draw is performed by hospital personnel for medical purposes, rather than at the request of an officer, there is no state action and the Fourth Amendment ...
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Hon. Edward Ewell, Jr. was appointed to the court in August 2003. He served in the Criminal Division for eleven years, serving five years as presiding judge. For the past six years he has served in the Civil Division (four as a business court judge). Judge Ewell previously clerked for Hon. Damon J. Keith in the U.S. Court of Appeals. He was an associate at the law firm of Pepper, Hamilton, and Scheetz; a federal prosecutor in the U.S. Attorney’s Office; and general counsel for Wayne County. Judge Ewell graduated from the University of Michigan and then pursued an MS from Atlanta University. He received his JD from Wayne State University Law School. What ...
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I heard the plane pass low over the house in the early morning hours. I was up rocking our five-month-old back to sleep. I knew it was coming, so I had made sure all the windows were closed. It wasn’t even that loud, and I imagined the fine mist of insecticide settling on our grass, roof, driveway, trees, bushes, … everything. Allegedly Merus 3.0 kills mosquitoes and plenty of other insects on contact although I don’t recall having seen any lying on the ground the next morning. I had mixed feelings about the spraying from the start. Plenty of signs along the road implored the powers that be: Do Not Spray. I’d always been squarely against spraying residential ...
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In December 2018, I wrote about a pending federal case on affirmative action in college admissions. To briefly recap, Students for Fair Admissions filed a lawsuit in 2014 against Harvard College under Title VII of the 1964 Civil Rights Act for deliberately discriminating against Asian Americans in its undergraduate admissions process. After several months of deliberation, U.S. District Judge Allison Burroughs has issued her ruling. Judge Burroughs reasoned that Harvard’s race conscious admissions process is intended to achieve diversity. The court concluded that though the admissions program may be imperfect, the “statistical disparities between applicants ...
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Bullying and teen suicide are growing concerns in Michigan , as recent tragedies confirm. In September 2019, lawmakers introduced two senate bills dealing with bullying and suicide prevention . SB 531 would amend the antibullying section of the school code. MCL 380.1310b was enacted in 2011 and requires school boards to adopt and implement antibullying policies. The current version of the statute encourages school boards to include provisions for antibullying task forces, annual training for administrators and school employees, and educational programs for students; the proposed amendment would mandate these provisions. The proposed amendment would ...
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Uber Kids

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What parent hasn’t thought for a second about calling a ride-share for their school-aged child? I mean, Uber and Lyft have been a boon for college drinkers (the most ubered-to location in Michigan is Scorekeepers bar in Ann Arbor). Why can’t it be a boon for busy, professional, schedule-challenged parents of minor children? It turns out that in limited areas of the country, calling a ride-share for your child is an option. In the San Francisco Bay area, LA, San Diego, Dallas, and Virginia (close to DC), you can call up a ride-share to take your child to and from school, to practices, and to rehearsals and birthday parties. These services take steps to ...
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It is a common sight—plastic grocery bags blowing in the wind across the parking lot or field or lying crumbled at the side of the road. The controversy over plastic grocery bags and their impact on the environment has been around for years. Attempts to control their use initially occurred at the local level. In response, Michigan enacted 2016 PA 389, prohibiting the regulation of grocery bags by local government. But the wind may start blowing in a different direction because House Bill 4500 was introduced in April to repeal MCL 445.591–.593 . This will allow local governments to regulate the use of plastic bags, including imposing a fee or charge on their ...
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Judge Elizabeth L. Gleicher was appointed to the Michigan Court of Appeals in 2007. Previously, she was an attorney in private practice for 27 years. She began her career at Goodman, Eden, Millender & Bedrosian in Detroit, and opened her own litigation practice in 1994. Judge Gleicher is an elected Fellow of the International Society of Barristers (2004) and the American College of Trial Lawyers (2005). She received the Respected Advocate Award from the Michigan Defense Trial Counsel in 2005 and the State Bar of Michigan Champion of Justice Award in 2001. Judge Gleicher has served on the faculty of ICLE and as an adjunct professor at Wayne State University ...
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Parental Leave

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Societal attitudes about parental leave and work-life balance are shifting. Even larger law firms are starting to change their policies . I am lucky enough to work for an employer with a very generous paid parental leave policy, and I have been impressed by the positive impact it has had on our family. Getting that time with our newborn has really helped our family make the transition to a two-kid household. And it’s not just me. The benefits of parental leave for dads are fairly well documented . Growing up, the only folks I ever saw taking time off for a new child were women who had just given birth. My own father wasn’t even at the hospital when I popped ...
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Do you suffer from range anxiety? If you drive an electric vehicle (EV) in Michigan, particularly outside the metro Detroit area, chances are you do. Range anxiety is generally defined as worry on the part of a person driving an electric vehicle that he or she will run out of battery power before reaching his or her destination or the next charging station. But a bipartisan package of bills recently introduced in the Michigan Legislature aims to ease range anxiety and encourage EV adoption through improvements to the state’s EV infrastructure. House Bills 4786-4789 and Senate Bills 406-409 would create a widespread vehicle charging network by allowing ...
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My first legal business development book was Jay Foonberg’s How to Start and Build a Law Practice . I read it cover to cover while waiting for my bar results. Since then I have read and collected many books, articles, and lists about getting clients and running a legal practice. There is a lot of repetitive stuff out there, but these 10 ideas stood out and made a lot of sense to me. Keep a business development journal so you can remember what you did and whether it worked or not. A personal journal is helpful for the same reason. Let your clients make appointments and handle payments with you as easily as they do with their doctor, bank, pharmacy, and ...
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​ As lawyers, we often believe that because we speak authoritatively, we also excel at making persuasive arguments. But science seems to indicate that there is much more to the art of persuasiveness. Well-known psychologist Robert Cialdini identified six principles of persuasion over 30 years ago. Since then, others have taken those principles and put their own spin on the factors that help with persuasion . How to Say It For instance, the article Using the Science of Persuasion in the Courtroom suggests that to be believable, arguments have to be delivered from a credible source and credibility can be communicated through the type of language used. ...
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Dan Quick , who served on the State Bar of Michigan Committee that reviewed the Michigan Court Rules on civil discovery and proposed the amendments effective January 1, 2020, is spending the fall helping Michigan lawyers prepare for the changes. (See my prior post for a rundown of the major amendments.) This morning Dan presented at the Oakland County Bar Association, along with Judges James Alexander and Shalina Kumar . In a few weeks, Dan will join Judge Christopher Yates at ICLE to film an On-Demand Seminar in collaboration with the SBM. In the meantime, here are a few takeaways from this morning’s discussion: Take responsibility for operation ...
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On August 26, 2019, President Donald Trump signed the Small Business Reorganization Act (SBRA), to take effect in February 2020. SBRA is intended to offer small businesses with “ aggregate liabilities that do not exceed $2,725,625 the opportunity to resolve their outstanding debts through a condensed and price-conscious Chapter 11 bankruptcy proceeding.” Small businesses are often unable to navigate the complex Chapter 11 bankruptcy procedures, which make it difficult and costly to get a confirmed plan. This frequently forces them to liquidate. SBRA was created to streamline the process.  SBRA includes the following provisions :  Appointment of a ...
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Creative works in what’s known as the “public domain” exist outside the realm of intellectual property protection and can be used freely . Think the “Star Spangled Banner” or photos of the Mona Lisa . The public owns these materials either because the copyright expired, the owner didn’t follow statutory renewal and copyright notice rules, the type of work isn’t protectable, or the copyright owner voluntarily dedicated it to the public domain. Because of changing U.S. copyright laws, the publication date of a work often determines whether it is in the public domain. Before 1964, a copyright owner had to mail in a form to renew copyright protection after ...
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Two years ago, my colleague John Swift blogged about civil asset forfeiture. At the time, courts were starting to question whether these proceedings comported with due process. In Michigan, for example, property seized under the Controlled Substances Act (CSA) could have been forfeited within 20 days of seizure, without recourse—even if there was no conviction and even if the property was extremely valuable. To many lawyers, forfeiture laws like Michigan’s seemed vulnerable to a host of due-process challenges. In February 2019, this argument gained traction when SCOTUS issued Timbs v Indiana . In Timbs, Indiana sought to have Timbs forfeit his $42,000 ...
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In June, Michigan amended its Youth Tobacco Act to prohibit the sale or furnishing of vapor products or alternative nicotine products to a minor. 2019 PA 17 , 18 . Since 2016, the FDA has been treating e-cigarettes like tobacco and banning sales to anyone under 18 years of age. There was a subsequent push for state legislation to support better enforcement. Michigan was one of the last states to adopt this type of ban. The governor is concerned that this law does not go far enough, i.e., to regulate e-cigarettes and vaping products as tobacco products, but it does offer penalties to support enforcement. The fines for selling e-cigarettes to minors are up ...
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By now you’ve surely heard about mindfulness as a tool for reducing stress and being present in the moment. And while almost everyone can benefit from incorporating elements of mindfulness into their daily lives, it seems lawyers are particularly well suited to benefit from a mindfulness practice. A recent article in the ABA’s Law Practice Today points out that, by nature or training, lawyers are constantly overthinking, reflecting, and planning for negative outcomes that may never arise. This causes stress, anxiety, and even general pessimism. Lawyers are taught to “stick to the facts,” advise their clients on the risks and realities of the situation, ...
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Hon. Annette J. Berry was elected to the Wayne County Circuit Court bench in November 2000 and reelected in 2006, 2012, and 2018. Since 2013, Judge Berry has served in the Civil Division, after serving in the Criminal Division from 2001 to 2013. Judge Berry received her undergraduate degree from the University of Michigan and her JD from Michigan State University Law School, formerly the Detroit College of Law. In 1988 she joined the Office of the Michigan Attorney General after being appointed as an assistant attorney general by Frank J. Kelly. During her distinguished career with the Department of Attorney General, Judge Berry served as legal counsel ...
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Michigan has more than 188 problem-solving courts , which address drug addiction, mental health treatment, and veterans issues. The purpose of these courts is to “offer an alternative to imprisonment for nonviolent criminal offenders by using a therapeutic jurisprudence model.” PSCs target frequent offenders who are in and out of the criminal justice system largely due to various underlying issues contributing to the initial crime and recidivism. The approach is much more holistic. Eligibility to participate and possible treatment plans in a PSC vary depending on the type and focus of the specialty court. Here are some examples of PSCs: Veterans treatment ...
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