All posts in category Constitutional Law

Disrupting Class or Resisting Arrest?

Last week, social media was enraged by the conduct of one police officer in one school with one student. But despite the statement of the Sheriff who fired him, this wasn’t ultimately about policy. It’s about the ever shrinking line between disrupting class and resisting arrest.

School Shootings and the Problem With School Security

School Shootings and the Problem with School Security

Over the last two weeks the news once again was filled with stories of yet another school shooting. A gunman brought several weapons to Umpqua Community College where he killed 10 students and injured seven more. Whenever these tragic stories hit the news, we as a country tend to react by throwing more security into […]

A Muslim Student, a Clock, and a Lesson on School Justice


A young Muslim student was arrested and suspended recently when an English teacher thought a homemade clock looked like a bomb. The incident raised concerns of discrimination and Islamophobia. But what is the arrest telling the students of MacArthur High School about school justice?

Michigan's New Sentencing Rules Aren't Better for Defendants

Defendants question benefit of new Michigan Sentencing law

Michigan defendants face a new level of uncertainty when they walk into criminal court for sentencing. The state Supreme Court’s decision may have been based on defendants’ right to a jury trial, but it doesn’t protect them from judicial discretion.

Student Suspended for Tweet Gets a Trial

Judge grants student suspended for two word tweet a trial

“Actually yes.” Those two words got an honors student suspended, kicked out of school, and given the choice: withdraw or be expelled. Now that student has sued the school and the judge has ruled the case is going to trial.

Michigan Supreme Court Strikes Down Mandatory Minimum Sentencing Guidelines

Michigan Supreme Court strikes down mandatory minimum sentencing guidelines

Last week, the Michigan Supreme Court struck down that part of the state’s sentencing guidelines that requires judges to use facts not given to the jury to set mandatory minimum sentences. It’s a decision that could fundamentally change how criminal law works in Michigan.

Suspended for Facebook Posts? One Court Says No.

Suspended for Facebook Post? One Court Says No.

Can a school suspend a student for angry posts on Facebook? Courts across the country have asked that question and come to different answers. Earlier this year one federal judge in Portland, Oregon said no.

Married Without Children: Michigan Approves Adoption Discrimination

Michigan allows LGBT adoption discrimination

The Supreme Court just granted marriage equality to gay couples across the nation. The decision has many gay marriage advocates preparing for the end of a hard battle. But the Michigan Legislature has shown that when it comes to LGBT adoption discrimination, the fight is far from over.

SCOTUS Says Gays Have Fundamental Right to Marriage Equality

SCOTUS Grants Marriage Equality

The decision that thousands of Michigan couples have been waiting for for months, even years, has finally arrived. On June 26, 2015, the Supreme Court of the United States ruled that gay and lesbian couples have a fundamental right to marriage equality. Here’s a look at the decision.

SCOTUS Dodges Facebook First Amendment Ruling

SCOTUS Dodges Facebook Free Speech Decision

On June 1, 2015, the Supreme Court of the United States ruled on whether a federal court could convict a man based on his threatening Facebook rap posts. But the Court dodged the First Amendment issue of Facebook free speech, disappointing some civil rights advocates. In Elonis v United States, the Supreme Court of the […]

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