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Closing The Regulatory Gap In Michigan's Public Trust Doctrine: Saving Michigan Millions With Statutory Reform, Kelsey Breck
Closing The Regulatory Gap In Michigan's Public Trust Doctrine: Saving Michigan Millions With Statutory Reform, Kelsey Breck
University of Michigan Journal of Law Reform
The Great Lakes are some of Michigan's most valuable and important environmental resources. The public trust doctrine requires Michigan to protect and preserve the lands along the shores of the Great Lakes for the use of future generations. Unfortunately, the public trust doctrine in Michigan is in disarray and as a result, public and private rights to the lands along the Great Lakes are poorly delineated. This Note presents an economic argument for why the public trust doctrine should be reformed to better define public and private rights to the land along Michigan's Great Lakes. It also suggests a statutory …
Michigan's Teacher Certification Requirement As Applied To Religiously Motivated Home Schools, Donald D. Dorman
Michigan's Teacher Certification Requirement As Applied To Religiously Motivated Home Schools, Donald D. Dorman
University of Michigan Journal of Law Reform
This Note defends the thesis that the teacher-certification requirement of Michigan's compulsory attendance statute is unconstitutional as applied to people who, for sincere religious reasons, believe they must teach their children at home. Michigan courts have incorrectly applied a rational-basis test in regulating religiously motivated home schools, rather than the strict scrutiny required by the U.S. Supreme Court for cases involving both the free exercise of religion and parents' interest in directing their children's education.
Psychiatric Assistance For Indigent Defendants Pleading Insanity: The Michigan Experience, Paul Zisla
Psychiatric Assistance For Indigent Defendants Pleading Insanity: The Michigan Experience, Paul Zisla
University of Michigan Journal of Law Reform
The federal government and many states already provide psychiatric assistance to indigent defendants pleading insanity. Michigan's statutory scheme for delivering this service presents an opportunity to evaluate an approach that generally favors defendant interests in areas left unresolved by Ake. This Note undertakes that evaluation. Part I summarizes the Ake decision, key problem areas, and the research methodology. Part II describes the Michigan statutory system. Part III evaluates that system using data from interviews with legal and psychiatric practitioners and considers the consequences of Michigan's approach to the issues posed by Ake. The evaluation shows that Michigan's system …
Legislative Notes: Metallic Mining And Reclamation In Michigan: Environmental Management As A Gentler Approach, John C. Dernbach
Legislative Notes: Metallic Mining And Reclamation In Michigan: Environmental Management As A Gentler Approach, John C. Dernbach
University of Michigan Journal of Law Reform
A great deal has been said and written about the need for meaningful reclamation requirements for the surface mining of coal. Nonetheless, little attention has been given to the large quantity of land disturbed by mining for other minerals. Thirty-eight states have laws dealing directly with reclamation from a wide variety of mining operations . For purposes of this note, reclamation refers to those measures taken concurrently with or after the mining operation to reduce or repair the adverse effects of the operation on disrupted land . Environmental management is a much broader term which encompasses the full range of …
Improving Michigan's Generic Drug Law, Phyllis Greenwood Rozof
Improving Michigan's Generic Drug Law, Phyllis Greenwood Rozof
University of Michigan Journal of Law Reform
This note will describe the conditions which existed prior to enactment of the Michigan drug substitution law, will discuss the history and provisions of that legislation, and will identify certain problems which the law fails to correct.
State Management Of The Environment Part One: An Evaluation Of The Michigan Experience, Geoffrey J. Lanning
State Management Of The Environment Part One: An Evaluation Of The Michigan Experience, Geoffrey J. Lanning
University of Michigan Journal of Law Reform
Michigan's citizens, as well as its government, seem but dimly aware of the fact that Michigan-the home of America's most growth-centered industry, the automobile-lies at the very eye of the environmental storm. This article seeks to take a broad look at the shortcomings of Michigan's environmental protection in recent years. In so doing, it groups many of Michigan's recent environmental failings into broad categories which will both clarify the status of Michigan's environmental law climate and provide a basis for its reform. Parts One and Two consist of this analysis and evaluation. Part Three will examine possible solutions and offer …
The Juvenile Court And Emotional Neglect Of Children, James B. Stoetzer
The Juvenile Court And Emotional Neglect Of Children, James B. Stoetzer
University of Michigan Journal of Law Reform
A primary function of the Juvenile Court is to assist in the protection of children from abuse and neglect. Juvenile court acts, child abuse reporting statutes, and child protective services legislation have incorporated provisions dealing with physical abuse and physical neglect of children. Such legislation enables state intervention into family life for the protection of children exposed to harmful environments. Statutory definitions of abuse and neglect provide a basis on which the community, frequently through the juvenile court, may pass judgment on the existence of child neglect and offer services or coerce family members to accept them. A few states, …
The Michigan Abortion Refusal Act, G. Michael White
The Michigan Abortion Refusal Act, G. Michael White
University of Michigan Journal of Law Reform
Since the United States Supreme Court handed down the landmark decisions of Roe v. Wade andDoe v. Bolton, which placed constitutional limitations, on state regulation of abortions, efforts have been made on the federal and state levels to blunt the effect of those cases. One prevalent reaction has been the enactment of state "conscience clause" legislation, such as the Michigan Abortion Refusal Act, which seeks to extend to all hospitals the right to refuse admission of abortion patients. This legislative note will consider whether the Michigan conscience clause is legally necessary to ensure the right it seeks to …
State Management Of The Environment Part Two: A Continuing Evaluation Of The Michigan Experience, Geoffrey J. Lanning
State Management Of The Environment Part Two: A Continuing Evaluation Of The Michigan Experience, Geoffrey J. Lanning
University of Michigan Journal of Law Reform
In Part One of this article, the author outlined the scope and character of Michigan's environmental problems and suggested some of the factors underlying the state's weak and bureaucratic decisionmaking process. Part Two concludes the author's analysis of the fundamental obstacles to effective environmental decisionmaking in Michigan, and Part Three will contain recommendations for reform.
The Parole Board's Duty Of Self-Regulation, John P. Quinn
The Parole Board's Duty Of Self-Regulation, John P. Quinn
University of Michigan Journal of Law Reform
This article examines the Michigan Parole Board in terms of its structure, mode of operation, and certain legal issues raised by its procedures. The note argues that the Board's and the legislature's concept of professional, scientific decision-making is not an adequate substitute for the checks and balances which confine and control the discretion of other governmental agencies, and furthermore, that this concept is inconsistent with both the letter and spirit of the Michigan Administrative Procedures Act (MAPA or Act). Thereafter, an approach is suggested by which the Act can be used as a tool to legitimate and rationalize Parole Board …