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Why Did Voters Reject Michigan's Physician-Assisted Suicide Initiative?, Yale Kamisar Jan 1999

Why Did Voters Reject Michigan's Physician-Assisted Suicide Initiative?, Yale Kamisar

Articles

In November 1997, when Oregon voters reaffirmed their support for doctor-assisted suicide, some commentators called it a turning point for the "right to die" movement. But the lopsided defeat of a similar proposal in Michigan is a better barometer: in general, assisted suicide continues to fare badly in the political arena.


Judicial Selection In Michigan - Time For A Change?, John W. Reed Jan 1996

Judicial Selection In Michigan - Time For A Change?, John W. Reed

Articles

How are we to choose those who judge us? To whom do we entrust the responsibility of protecting our liberties and the power to determine our rights and liabilities? We look for men and women of integrity, diligence, legal ability, and judicial temperament, chosen by methods that balance judicial independence and public accountability.1


Judging Girls: Decision Making In Parental Consent To Abortion Cases, Suellyn Scarnecchia, Julie Kunce Field Jan 1995

Judging Girls: Decision Making In Parental Consent To Abortion Cases, Suellyn Scarnecchia, Julie Kunce Field

Articles

Judges make determinations on a daily basis that profoundly affect people's lives. On March 28, 1991, the Michigan legislature enacted a statute entitled The Parental Rights Restoration Act (hereinafter "the Michigan Act" or "the Act"). This statute delegated to probate court judges the extraordinary task of deciding whether a minor girl may have an abortion without the consent of a parent. Nothing in law school and little in an average judge's experience provide a meaningful framework for making such a decision. Although many commentators, including the authors, argue that decisions about abortion should be left to the woman regardless of …


Responding To Gender Bias In The Courts: Progress Without Accountability, Suellyn Scarnecchia Jan 1994

Responding To Gender Bias In The Courts: Progress Without Accountability, Suellyn Scarnecchia

Articles

On December 19, 1989, we received the final report of the Michigan Supreme Court Task Force on Gender Issues (task force report). The task force made 91 recommendations, plus an additional 18 joint recommendations with the Task Force on Racial/Ethnic Issues in the Courts. The Michigan Supreme Court, the State Bar of Michigan and other individuals and organizations have made much progress in responding to the recommendations, with one glaring omission-Although jointly recommended by both task forces as "essential to the realization of the goals envisioned in the goals envisioned in the reports," the Supreme Court has failed to appoint …


The 'Right To Die': A Catchy But Confusing Slogan, Yale Kamisar Jan 1994

The 'Right To Die': A Catchy But Confusing Slogan, Yale Kamisar

Articles

Some 30 years ago an eminent constitutional law scholar Charles L. Black, Jr., spoke of "toiling uphill against that heaviest of all argumental weights-the weight of a slogan. I am reminded of that observation when I confront the slogan the "right to die." Few rallying cries or slogans are more appealing and seductive than the "right to die." But few are more fuzzy, more misleading, and more misunderstood.


Defining "Disability": The Approach To Follow, Theodore J. St. Antoine Jan 1993

Defining "Disability": The Approach To Follow, Theodore J. St. Antoine

Articles

The definition of "disability" has once again become a central issue in workers' compensation law. I am partly responsible. A decade ago I served as the Governor's Special Counselor on Workers' Compensation. In my Reportto the Cabinet Council on Jobs and Economic Development, I stated: "If I could write on a clean slate, I would prefer to see the Michigan definition brought even closer into the mainstream of American law by declaring that 'disability' means a 'limitation of an employee's wage earning capacity in work suitable to his or her qualifications and training resulting from a personal injury or work …


Child Protection Law, Suellyn Scarnecchia Jan 1993

Child Protection Law, Suellyn Scarnecchia

Book Chapters

The Fifth and Fourteenth Amendments to the U.S. Constitution protect a parent's custodial rights. However, such rights are not absolute and may be terminated. There is no substantive due-process right to live together as a family. Doe v Oettle, 97 Mich App 183, 293 NW2d 760 (1980). Parents are not held to ideal standards in the care of their children but to minimum statutory standards. Fritts v Krugh, 354 Mich 97, 92 NW2d 604 (1958).


State Responses To Task Force Reports On Race And Ethnic Bias In The Courts, Suellyn Scarnecchia Jan 1993

State Responses To Task Force Reports On Race And Ethnic Bias In The Courts, Suellyn Scarnecchia

Articles

While several states have embarked on studies of race and ethnic bias in their courts, Minnesota is only the sixth to publish its report to date. As Minnesota joins the ranks of states with published reports, it is worthwhile to assess the impact of the five earlier published reports from other states. Final reports have been published in Michigan (1989), Washington (1990), New York (1991), Florida (1991) and New Jersey (1992). The published reports make findings and provide several specific recommendations for change. This article will review the published findings and recommendations of the task forces and will discuss the …


Are Laws Against Assisted Suicide Unconstitutional?, Yale Kamisar Jan 1993

Are Laws Against Assisted Suicide Unconstitutional?, Yale Kamisar

Articles

On 15 February of this year, shortly after the number of people Dr. Jack Kevorkian had helped to commit suicide swelled to fifteen, the Michigan legislature passed a law, effective that very day, making assisted suicide a felony punishable by up to four years in prison. The law, which is automatically repealed six months after a newly established commission on death and dying recommends permanent legislation, prohibits anyone with knowledge that another person intends to commit suicide from "intentionally providing the physical means" by which the other person does so or from "intentionally participat[ing] in a physical act" by which …


On Recognizing Variations In State Criminal Procedure, Jerold H. Israel Jan 1982

On Recognizing Variations In State Criminal Procedure, Jerold H. Israel

Articles

Everyone recognizes that the laws governing criminal procedure vary somewhat from state to state. There is often a tendency, however, to underestimate the degree of diversity that exists. Even some of the most experienced practitioners believe that aside from variations on some minor matters, such as the number of peremptory challenges granted, and variation on a few major items, such as the use of the grand jury, the basic legal standards governing most procedures are approximately the same in a large majority of states. I have seen varied evidence of this misconception in practitioner discussions of law reform proposals, particularly …


A Perspective On The Michigan Law Of Damages, John W. Reed Jan 1978

A Perspective On The Michigan Law Of Damages, John W. Reed

Book Chapters

So also the subject of damages. There are some general principles, but damages is not a coherent body of law. It is small wonder that no one is writing books about it and that law schools do not provide courses in it. The standard, most widely cited text is McCormick on Damages, yet that book was published in 1935. There is no more recent book of consequence bearing that title. Professor Dan Dobbs's 1973 volume entitled Remedies contains, as one part of the book, an excellent analysis of recent damages developments; but McCormick continues to be the benchmark. As a …


Rules Pertaining To Witnesses, John W. Reed Jan 1978

Rules Pertaining To Witnesses, John W. Reed

Book Chapters

Article VI of the Michigan Rules of Evidence contains the rules dealing with witnesses. Trials bring to mind testimonial evidence. There surely are other kinds of evidence, such as docmnents, guns, automobile tires, chemical substances, and the like. But most evidence comes from the mouths of witnesses, and even demonstrative evidence usually is admitted only after a witness has taken the stand and testified to foundation facts. So it is important and appropriate that we turn to the provisions of the rules that deal with qualifications and credibility of witnesses. I would like to direct your attention to MRE 601 …


Opinions And Expert Testimony, John W. Reed Jan 1978

Opinions And Expert Testimony, John W. Reed

Book Chapters

Article VI of the Michigan Rules of Evidence contains the rules dealing with witnesses. Trials bring to mind testimonial evidence. There surely are other kinds of evidence, such as docmnents, guns, automobile tires, chemical substances, and the like. But most evidence comes from the mouths of witnesses, and even demonstrative evidence usually is admitted only after a witness has taken the stand and testified to foundation facts. So it is important and appropriate that we turn to the provisions of the rules that deal with qualifications and credibility of witnesses. I would like to direct your attention to MRE 601 …


Evidence Problems In Criminal Cases, John W. Reed Jan 1977

Evidence Problems In Criminal Cases, John W. Reed

Book Chapters

The Federal Rules of Evidence, enacted by Congress, became effective on July 1, 1975. Ten states have adopted state versions of the Federal Rules to govern trials in their courts, and about half the remaining states are considering whether to follow suit. Michigan is one of these latter states. Early in 1977 a committee appointed by the Supreme Court of Michigan proposed rules of evidence for Michigan closely patterned on the Federal Rules, and, if all goes well, the Court will promulgate rules for the Michigan courts to become effective in 1977 or soon thereafter. Michigan lawyers should be aware …


A Review Of The Proposed Michigan Rules Of Evidence, James K. Robinson, John W. Reed Jan 1977

A Review Of The Proposed Michigan Rules Of Evidence, James K. Robinson, John W. Reed

Articles

On January 6, 1977, the Supreme Court of Michigan entered an order stating that it is considering adoption of the proposed Michigan Rules of Evidence which were submitted to the Court by the committee which it appointed in March 1975. The Court has solicited comments from interested persons regarding the proposed rules. A copy of the Supreme Court's order is published in this issue of the Bar Journal. The proposed rules are published in the January 26, 1977, issue of North Western Reporter, Second Series (Michigan Edition). The purpose of this article is to review in general the background and …


Legislative Regulation Of Searches And Seizures: The Michigan Proposals, Jerold H. Israel Dec 1974

Legislative Regulation Of Searches And Seizures: The Michigan Proposals, Jerold H. Israel

Articles

IN March 1971, the Michigan Bar Commissioners appointed a twenty-five-member committee with a directive "to promulgate a recommended revision of the Code of Criminal Procedure codifying existing statutory and case law provisions which, in the judgment of the Committee, should be retained and adding thereto such provisions as the Committee, in its judgment, deems warranted; and to incorporate such recommendations into proposed legislation for submission to the Legislature."' The committee membership included judges, prosecutors, legislators, criminal defense lawyers, law school professors, and representatives of Michigan police and corrections agencies.2 Judge Horace Gilmore served as Chairman, and I served as Reporter.


Searches Without Warrants, Jerold H. Israel Jan 1971

Searches Without Warrants, Jerold H. Israel

Book Chapters

My primary area of concentration today is the search made without a warrant. Studies indicate that 95 percent or more of all searches are without warrants. It is quite understandable, then, that most of the search-and-seizure litigation concerns the validity of searches without warrants.


Joint Tenancies And Tenancies By The Entirety In Michigan—Federal Gift Tax Considerations, Douglas A. Kahn Jan 1968

Joint Tenancies And Tenancies By The Entirety In Michigan—Federal Gift Tax Considerations, Douglas A. Kahn

Articles

The establishment of joint tenancy' ownership of property, or the termination of such a tenancy, may have federal gift tax consequences to the co-owners of the property. Consequently, the gift tax is a factor to be weighed before embarking on either of these ventures. The gift tax consequences are determined by the nature of the property rights enjoyed by the joint tenants under the controlling state property law, and accordingly it is desirable, where Michigan property law is applicable, to consider the Michigan law and the significance of that law to the operation of the gift tax. However, before discussing …


Declaratory Judgments, Edson R. Sunderland Jan 1923

Declaratory Judgments, Edson R. Sunderland

Articles

The Connecticut legislature passed an act in 1921 authorizing courts to make binding declarations of rights. The act was attacked as unconstitutional on the same ground raised by the supreme court of Michigan against the Michigan Declaratory Judgment Act in the case of Anway v. Railway Co., 211 Mich. 592, 12 A. L. R. 26i namely, that declaring rights was not a judicial function. But the Supreme Court of Errors of Connecticut sustdined the act as in no way contravening the constitution.


Challenges To The Array, Edson R. Sunderland Jan 1923

Challenges To The Array, Edson R. Sunderland

Articles

Trial by jury demands impartial jurors as the indispensable basis for public confidence. And the first requisite for obtaining impartiality is indifference on the part of those who select the jury. This was fully recognized at the common law, and ever since the days when jurors ceased to be witnesses and became triers of facts, it was a good objection to the entire panel that the sheriff was not indifferent between the parties in the selection and summoning of the jury. Prejudice on the part of individual jurors could be met by challenges to the polls, but when favor lurked …


Declaratory Judgments, Edson R. Sunderland Jan 1922

Declaratory Judgments, Edson R. Sunderland

Articles

The subject of declaratory judgments has received a great deal of attention in the United States during the last few years, and the interest aroused has resulted in the enactment of statutes in a considerable number of states authorizing courts to declare the rights of parties in cases where relief of the conventional sort is inadequate, inconvenient or impossible. Such judgments may now be obtained in California, St I92I, ch. 463; Connecticut, P. A. 1921, ch. 258; Florida, Laws 1919, No. 75; Hawaii, Laws 1921, Act 162; Kansas, Laws 1921, cl. 168; New Jersey, Laws 1915, ch. 116, Sec. 7; …


Joint Tenancy In Personal Property In Michigan, Ralph W. Aigler Jan 1922

Joint Tenancy In Personal Property In Michigan, Ralph W. Aigler

Articles

In Lober v. Dorgan, 215 Mich. 62, decided July 19, 1921, the court again wrestled with the problem which has troubled the Michigan courts for many years, as to whether the law of the state recognizes any such thing as joint ownership in personal property with the common law incident of survivorship. The facts presented a controversy between the estates of husband and wife, the latter having survived the former. A real estate mortgage had been given to "George W. Bush and Sarah Bush, his wife, of Gobleville, Michigan, as joint tenants, with sole right to the survivor." After the …


The Usefulness Of Intervention As A Remedy In Attachment, Edson R. Sunderland Jan 1921

The Usefulness Of Intervention As A Remedy In Attachment, Edson R. Sunderland

Articles

While rules of procedure are not saved from the rude hand of the reformer by the "due process" guarantees of our constitutions, they do rest, nevertheless, under the very efficient protection of professional conservatism. Such rules are looked upon by the bench and bar as their own special concern, and innovations in this field must maintain the burden of proving their character before both the lawyer members of the legislature and the lawyers and judges who interpret them in the course of litigation. It would be natural, therefore, to expect that a proposed reform in procedure would have to meet …


Declaratory Judgment - Declaring Rights Under The Guise Of Granting An Injunction, Edson R. Sunderland Jan 1921

Declaratory Judgment - Declaring Rights Under The Guise Of Granting An Injunction, Edson R. Sunderland

Articles

It has often been held that a party may obtain a judicial determination of his rights in respect to legislation alleged to be invalid, by means of an application to a court of equity for an injunction restraining the enforcement of the statute. Ex parte Young (1907) 209 U. S. 123, is the leading case of this type. There, a railroad rate statute was involved, which required compliance by all railroad companies in the state, under the threat of heavy penalties. The railroad actually violated the provisions of the statute after an injunction had been obtained by a stockholder restraining …


Declaratory Judgments, Edson R. Sunderland Jan 1921

Declaratory Judgments, Edson R. Sunderland

Articles

The widespread interest in this new form of remedial instrument, which was somewhat dashed by the recent decision of the Michigan Supreme Court in Anway v. Grand Rapids Ry. Co. (1920), 211 Mich. 59, holding declaritoty relief to be non-judicial and outside the constitutional power of courts (19 MICH. LAW REV. 86), has been revived by the action of the legislature of Kansas in enacting a declaratory judgment statute almost identical with the Michigan act. This was done with full knowledge of the decision in the Anway case, and inasmuch as it is well known that some of the judges …


Declaratory Judgments, Ralph W. Aigler Jan 1921

Declaratory Judgments, Ralph W. Aigler

Articles

The Declaratory Judgments Act of Michigan (Act No. 150, P. A. 1919) provided as follows: (Sec. 1) "No action or proceeding in any court of record shall be open to objection on the ground that a merely declaratory judgment, decree or order is sought thereby, and the court may make binding declarations of rights whether any consequential relief is or could be claimed, or not, including the determination, at the instance of anyone claiming to be interested under a deed, will or other written instrument, of any question of construction arising under the instrument and a declaration of the rights …


The Courts As Authorized Legal Advisors Of The People, Edson R. Sunderland Jan 1920

The Courts As Authorized Legal Advisors Of The People, Edson R. Sunderland

Articles

It is doubtful whether American legal institutions have witnessed a more far-reaching procedural reform since New York adopted its Code of Civil Procedure in 1848, than the movement toward the authorization of judicial declarations of rights which has received its chief impetus from legislation enacted in three American States during the past year. A somewhat timid step in this direction was taken by the New Jersey Chancery Practice Act of 1915, but it disclosed a want of confidence in the broad effectiveness of the remedy. Now for the first time American legislation has definitely committed itself to the principle that …


Married Women - The Husband's Right To His Wife's Services And To Her Earnings, Evans Holbrook Jan 1920

Married Women - The Husband's Right To His Wife's Services And To Her Earnings, Evans Holbrook

Articles

A Michigan statute passed in 1911 (LAWS OF 1911, ch. 196; COMP. LAWS 1915, § 11478) provided that a married woman should be "entitled to * * * earnings acquired * ** * as the result of her personal efforts." A married woman, before 1911, had worked as housekeeper for X and had continued to work for him after 1911; on his death she filed a claim against his estate for her services during the whole period. Held, she could not recover for the period before 1911, as her services and earnings prior to that date belonged to her husband.


Real Significance Of The Proposed Michigan Beer And Wine Amendment, Edwin C. Goddard Apr 1919

Real Significance Of The Proposed Michigan Beer And Wine Amendment, Edwin C. Goddard

Articles

DISCUSSION of proposed prohibitory amendments to Constitutions, State or Federal, are usually regarded as part of the wet and dry fight in which lawyers are interested only as citizens. Before the recent Cleveland Meeting of the American Bar Association the bar of the country was circularized by a protest, signed by a number of very well known lawyers, urging the bar to take action against putting into the fundamental law, the Constitution, such matters as the regulation of what the people shall drink. These lawyers presented their case at the Cleveland meeting and vigorously attempted to induce the American Bar …


Presumptions--Burden Of Proof, Victor H. Lane Jan 1919

Presumptions--Burden Of Proof, Victor H. Lane

Articles

The case of Gillett v. Michigan United Traction Co. (Michigan, April 3rd, 1919), 171 N. W. 536, arose out of the following facts: Plaintiff, driving a Ford car with the curtains down, turned from the curb at the side of the street where he had stopped, to cross the interurban car tracks which ran through the center of the street in the city of Marshall, and as he drove his machine upon the track was struck by an interurban car and seriously injured. The evidence established beyond question, negligence of the defendant, by showing that the car was, at the …