This post was written by Daria Brown, a graduating senior at Georgia College and State University and the President of Georgia College’s Mock Trial team. Daria will begin her first year of law school in the fall of 2022.

Addicts don’t belong in prison. And drug courts are not a proper solution.

In recent years, drug courts have proliferated in many states as an alternative to incarceration for low-level drug offenders. Ostensibly predicated on a rehabilitative rather than punitive paradigm, drug courts strive to provide low-level drug offenders with treatment in lieu of incarceration.

But upon closer examination, drug courts
Continue Reading Drug Courts: Well-intended but misguided

Many of us just celebrated Thanksgiving – near the end of another odd year. In thinking about writing about being thankful or gratitude, I thought back to posts from the last few Novembers. I can’t say it better, so here is my annual blog for the week of Thanksgiving.

This is a good time of year to think of gratitude generally and what you’re thankful for specifically. At the same time, it’s a great time of year to spread good feelings, which you can do by letting others know when you appreciate something they have done for you. In the
Continue Reading Show gratitude always – don’t delay, start today!

Generally speaking, in “rear-end” collisions, the driver that rear-ended the other is usually the at-fault party for the crash. From a legal standpoint, the rear driver is considered liable because he or she is “following too closely” or “at a speed too great for conditions.” Nonetheless, there are circumstances where the front vehicle’s driver might be at least partially responsible for the crash.

Brake checking, also referred to as brake testing, occurs when one driver deliberately taps or slams on their brakes to let the rear driver know that they are following them too closely. Even though many people think
Continue Reading Did brake checking cause your car crash?

At the 2021 Summit of the Appellate Judges Education Institute on November 13, Judge James Earl Graves, Jr. of the Fifth Circuit made a plaintive plea: answer the question. After serving for a decade on the Mississippi Supreme Court before assuming his position on the federal appellate court, Graves said that too many advocates fail to follow that simple command. Justice Beth Watkins, who serves on a Texas Court of Appeals, moderated the panel and agreed wholeheartedly that answering the question posed seemed to be a stumbling point for lawyers.

Graves made his remarks during a discussion of “Top Tips
Continue Reading Answer the question, counselor

Who you associate with is important in business and in life. You should surround yourself with people who add value. In business it may be a mentor or connector. In your personal life it may just be someone who makes you laugh. Never underestimate the value of humor and laughter.

The saying “everything is who you know” exists for a reason. In the context of business, this makes a difference.

I used to grab lunch or coffee with anyone who asked or was connected with me. Over time, I came to value my time enough to think about who I
Continue Reading Wealth is the company you keep

Magna Carta, which means “The Great Charter”, is one of the most important documents in Anglo-American legal history. It established the principle that everyone is subject to the law, even the king, and it guaranteed due process protections to citizens.

The Law Library was gifted a beautiful illuminated copy of Magna Carta by Emeritus Professor Myles Lynk. It is hanging along the west wall of the third floor library space. This copy of Magna Carta is printed in an early form of English instead of the Latin of the original and is spread over six or seven heavy
Continue Reading Magna Carta display in ASU Law Library

“Practice makes perfect.”  How often have we heard that old bromide?  Perhaps the main reason it has lasted so long is that there is a lot of truth to it.  There certainly is when the subject is medical procedures.

When it comes to quality medical care, I am fortunate to live in a big city with a number of excellent hospitals within a short drive.  While there is a lot of good to be said about living in a small town, outstanding surgical care is not one of them.  Many surgeries are complex, even the ones we often think of
Continue Reading Practice makes perfect – in hospital care, too

In a recent poll, only 40% of respondents expressed confidence in the United States Supreme Court.[1] The public’s declining confidence in the Court, and the resulting threat to the Court’s institutional legitimacy, is attributable in substantial part to several factors.

1.    The Court’s decisions are perceived as political and outcome-driven.

In several landmark decisions involving divisive social issues, the Court has disregarded or manipulated the Constitution’s text to achieve outcomes that arguably reflect the justices’ policy predilections. In Griswold v. Connecticut, for example, the Court held that the Fourteenth Amendment’s Due Process Clause, which prohibits the government from depriving
Continue Reading Why confidence in the United States Supreme Court is declining

Google has rolled out an update to its search ranking algorithm designed to target spam in search results. The “November 2021 spam update” marks the fourth spam-related update that Google made this year.

“As part of our regular work to improve results, we’ve released a spam update to our systems,” the company wrote in a tweet. “This November 2021 spam update should be fully rolled out within a week. We encourage sites to follow our best practices for Search.”
Why does Google work so hard to fight spam in search results?
Google defines spam as “…using techniques that attempt to
Continue Reading What attorneys should know about the November 2021 Google update

There are many facets to success. The road is different depending on your profession, but in all situations it involves opportunity and preparation, as well as timing and hard work. The preparation and hard work count as investing in yourself and your future.

Preparation makes the hard work look easier to those on the outside. It’s the investment in yourself. Sometimes you can wing it, but most times you aren’t fully prepared, someone who matters will know. Preparation may be easy, which is always nice. But other times it’s hard and trying. In all situations it’s imperative to do so
Continue Reading Success = opportunity + preparation

Early on November 4, 2021, the federal Occupational Safety and Health Administration (“OSHA”) filed its Emergency Temporary Standard (the “Standard”) requiring employers with 100 or more employees to implement mandatory COVID-19 vaccine policies no later than January 4, 2022.  These rules are added to OSHA’s existing Emergency Temporary Standard for Health Care providers and similar rules adopted by the Safer Federal Workforce Task Force with respect to contracts amended on or after October 15, 2021, or newly awarded on or after November 14, 2021.

Under the new guidance, by January 4, 2022, employers (other than healthcare providers and federal contractors
Continue Reading OSHA mandates new vaccination rules for large employers

When it comes to hiring protocol and immigration in the US, HR folks really are caught between a rock and a hard place. On the one hand, you need to ensure you’re only hiring and employing a legal workforce, an assertion made on everyone’s favorite government form, the beloved I-9.

But at the same time, you also have to avoid treating a candidate differently during the hiring process based on an individual’s real or perceived citizenship or immigration status. These requirements come courtesy of the Immigration Reform and Control Act of 1986 (“IRCA”), the seminal law that’s best known for
Continue Reading Lawsuit reveals dangers of asking immigration-related questions during hiring process

Sarah Isgur set off a fun, even if inconsequential, debate among the Supreme Court cognoscenti when she wrote an essay in Politico (“Name the Supreme Court After a Legendary Justice”) that the building that houses the highest court in the land be named after the first Justice John Marshall Harlan. Isgur, a former Trump Justice Department spokesperson and host of a legal podcast, Advisory Opinions for the Dispatch, argued that the Supreme Court building and the court it houses “need a story to help Americans make sense of them.”

In suggesting Harlan’s name, she recognized that he opposed the Emancipation
Continue Reading A provocative suggestion to name the Supreme Court building after a single justice

As social media evolves, so does the life of influencers. As of the mid-2010s, becoming a full-time influencer became an acceptable, and sought-after, job. The duties of an influencer range far and wide, but one of the most important is prioritizing the production of quality content that resonates with your followers. However, not many influencers realize that there is a legal side to content creation and that the wider your reach is, the more susceptible you are to legal issues.

Fortunately, you can rely on the services of a social media attorney. Social media attorneys understand the unique challenges that
Continue Reading How can influencers benefit from hiring a social media attorney?

Your writing and your research will be put to the test if you try to publish an article you write during law school. Most law students are strong writers, and professors or librarians can help you find a worthy topic. But research is another matter. It’s sometimes easier to find things online than in books or legal databases, which require Shepardizing and Keyciting and other labors. But it could be unreliable—much of the Internet has no place in a good law review article. Below is a guide to domain extensions to help you evaluate online resources and determine if you
Continue Reading Online research: The domain of skepticism

The way in which hospitals bill their patients is a sin.  It ought to be against the law, but it is not.  Hospitals can charge whatever they want for a medical procedure and often do.  Some studies have found that even the hospitals themselves don’t know how much it costs them to perform a procedure; they just pull numbers out of the air.   That is not a sound way to run a business but is not far off from normal in the convoluted world of American health care.

Until recently, hospitals kept their prices a secret.  Obviously, if prices were
Continue Reading Hospital billing practices can send you to the poorhouse