Archive for February, 2014

Rule of Lenity

In January, the U.S. Supreme Court applied the rule of lenity in a criminal case.  The rule of lenity is a rule of statutory construction that resolves ambiguities in statutory language in favor of the defendant.   The case involved a defendant who was convicted of selling heroin to a user, who then died.  The […]

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Can a school official search a student or his/her belongings?

Recently, I have been asked about whether schools may search students or their property that is located on school grounds.   While students still have constitutional rights while in school, those rights are lessoned because their expectation of privacy is diminished.  A school official can search a student or their property on a finding of […]

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Med. Marijuana: New Law, If…

RECENT MICHIGAN BILL SIGNED INTO LAW: PUBLIC ACT 268 OF 2013   Public Act 268 of 2013 provides the guidelines for Michigan to regulate large-scale marihuana growers and sell their products in pharmacies.  This comprehensive law contains a caveat, though: “The department of licensing and regulatory affairs may begin promulgation of the rules required under […]

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