Digital Commons Network^™

Silencing The Victims In Child Sexual Abuse Prosecutions: The Confrontation Clause And Children's Hearsay Statements Before And After Michigan V. Bryant, Deborah Paruch

Touro Law Review

No abstract provided.

Simulating The Effects Of Michigan's Mega Tax Credit Program On Job Creation And Fiscal Benefits, Timothy J. Bartik, George A. Erickcek

Upjohn Institute Working Papers

This paper simulates job and fiscal impacts of Michigan’s MEGA tax credit program for job creation. Under plausible assumptions about how such credits affect business location decisions, the net costs per job created of the MEGA program are simulated to be of modest size. The job creation impacts of MEGA are simulated to be considerably larger than devoting similar dollar resources to general business tax cuts. The simulation methodology developed here is applicable to incentives in other states.

Archaeological Investigations Of Control And Autonomy At The Colony Farm Of The Michigan State Asylum, 1880-1950, Alison Thornton

Masters Theses

This project is designed to look into mechanisms of control and patient autonomy in institutional confinement, using Colony Farm in Kalamazoo, Michigan as a case study. I have chosen to specifically examine landscape, architecture, foodways, and personal goods/dress as avenues in which to parse out information regarding control and autonomy. The main themes throughout this paper are work as a cure, patient labor, and the blurring of roles between patients, staff members, and paid hired workers. These themes are intertwined with landscape, architecture, foodways, and personal goods/dress and highlight the contradictions inherent in institutional confinement, especially in the context of …

No Contact Parole Restrictions: Unconstitutional And Counterproductive, Sharon Brett

Michigan Journal of Gender & Law

Although what Jesse Timmendequas did was abhorrent, the legislation enacted in the wake of his crime went far beyond making sure we know the pedophiles or pedophile-murderers living in our neighborhoods. Megan's name now lends itself to a host of state laws requiring the state to notify neighbors when a sex offender moves into the neighborhood. The term "sex offender" is intentionally broad, covering everyone from voyeurs and exhibitionists to rapists and child molesters. Yet, Megan's Laws treat them the same way, ignoring some crucial questions: Are all sex offenders alike? Are they all monsters? In reality, the majority of …

Child Welfare Cases Involving Mental Illness: Reflections On The Role And Responsibilities Of The Lawyer-Guardian Ad Litem, Frank E. Vandervort

Articles

Child welfare cases involving mental illness suffered either by a child or his parent can be among the most difficult and perplexing that a child’s lawyerguardian ad litem (L-GAL) will handle. They may present daunting problems of accessing necessary and appropriate services as well as questions about whether and when such mental health problems can be resolved or how best to manage them. They also require the L-GAL to carefully consider crucially important questions—rarely with all the information one would like to have and too often with information that comes late in the case, is fragmented or glaringly incomplete. This …

Disability Management: The Potential Benefits For The Feca Program, H. Allan Hunt, Rochelle Virginia Habeck

Presentations

No abstract provided.

University Club Scholarship Awards Speech, Delivered On May 11, 2011, Arend D. Lubbers

Presidential Speeches

University Club Scholarship Awards Speech, delivered on May 11, 2011 by Arend D. Lubbers, who served as President of Grand Valley from 1969-2001.

Administrator Satisfaction With Long-Term Care Foodservice, Maria Ahern

Honors Projects

This study investigated the satisfaction levels of Michigan long-term care administrators to determine whether they are more satisfied with self-operated or contract managed food service at their facility. Using an on-line survey, administrator’s satisfaction levels with various aspects of their foodservice operations as well as demographic information about their facility was collected and analyzed. Data showed that 83% of administrators were satisfied or very satisfied with self-operated foodservice operations compared to 50% of those with contract foodservice. While too few responses were obtained to reliably determine the significance of the results, this preliminary study indicates a need for further investigation. …

Good Fences Make Good Neighbors: Implementation Of Electric Fencing For Establishing Effective Livestock-Protection Dogs, Thomas M. Gehring, K. C. Vercauteren, Anna C. Cellar

United States Department of Agriculture Wildlife Services: Staff Publications

To be effective, livestock protection dogs (LPDs) must be carefully integrated with the livestock they will be protecting. Others have developed guidelines to assist producers in this training and assimilation process. In many areas fencing is necessary; however, guidelines for containing LPDs and their livestock behind electric fencing are lacking. We present results from larger projects involving LPDs where we encountered issues with fencing and preventing LPDs from roaming from their owner’s property. We found that ranging and escaping from pastures was exhibited by LPDs that were not properly introduced and trained to electric fencing at an early age. LPDs …

Trusts & Estates (Annual Survey Of Michigan Law, June 1, 2011 - May 31, 2012), Susan E. Cancelosi

Law Faculty Research Publications

The Survey period began only two months after the Michigan Trust Code took effect. Thus, attorneys handling matters subject to the new trust law were only beginning to delve into how their practices will change. At the same time, estate planners who handle larger estates spent the first part of the Survey period on edge about federal estate tax uncertainty. Although Congress in mid-December 2010 did act to extend the estate tax relief of the past decade, it did so only temporarily, leaving many questions for future planning. With the new Michigan Trust Code and the federal estate tax changes, …

The Case For Clean Energy Technology Manufacturing: Ten Steps Business And Industry Must Take To Optimize Opportunities In The Emerging Clean Energy Economy, Stanley Pruss

Michigan Telecommunications & Technology Law Review

Clean energy policy choices will be critical both for economic vitality within the United States and for international competitiveness in the race to improve clean energy technology and capture emerging markets. With legislative solutions losing momentum, business and industry leaders will be the key drivers in reorienting American policy, discourse, and economics in the clean energy economy. The problem, however, is that many political and business leaders are unaware of the job-creating potential and economic benefits in the clean energy sectors. These benefits could be realized if we made a serious, strategic effort to align our latent strengths in manufacturing …

Discipleship Master Plan: A Disciple-Making Strategy For The South Flint Seventh-Day Adventist Church, Melvin S. Santos

Doctor of Ministry Projects

Problem

The lack of a disciple-making plan and irregular leadership training for members in the South Flint Seventh-day Adventist Church resulted in undeveloped and ill-equipped members operating in a reactive and survival mode leading to frustration and leader “burn outs.”

Method

The Discipleship Master Plan was developed and implemented in the South Flint Seventh-day Adventist Church in Burton, Michigan, which consisted of two major formats: (1) Four Levels of Discipleship Training, and (2) a Discipleship Master Plan Infrastructure. The four levels of discipleship focus on the development of all members. This training took place primarily during Sabbath afternoons and worship …

Good Fences Make Good Neighbors: Implementation Of Electric Fencing For Establishing Effective Livestock-Protection Dogs, Thomas M. Gehring, Kurt C. Vercauteren, Anna C. Cellar

Human–Wildlife Interactions

To be effective, livestock protection dogs (LPDs) must be carefully integrated with the livestock they will be protecting. Others have developed guidelines to assist producers in this training and assimilation process. In many areas fencing is necessary; however, guidelines for containing LPDs and their livestock behind electric fencing are lacking. We present results from larger projects involving LPDs where we encountered issues with fencing and preventing LPDs from roaming from their owner’s property. We found that ranging and escaping from pastures was exhibited by LPDs that were not properly introduced and trained to electric fencing at an early age. LPDs …

The "Enlightened Barbarity" Of Inclusive Fitness And Wrongful Death: Biological Justifications For An Investment Theory Of Loss In Wycko V. Gnodtke, Ryan Shannon

University of Michigan Journal of Law Reform

Wrongful death laws should permit and encourage courts and juries to consider the survivors' investment in decedents when determining wrongful death damages, given new biological justifications for this theory of loss. The investment theory of damages, which permits an award of damages based on the investment of financial resources relatives make in one another, originated in Michigan's courts in the early 1 960s, but as of present day has been largely abrogated. In the context of modern understandings of evolutionary biology, including kin selection theory and sociobiology, the investment theory of recovery accords with the goals of corrective justice as …

Michigan Budget Reform: Why Reform Is Needed, And Key Ideas For Reform, Timothy J. Bartik

Testimonies

No abstract provided.

Boosting Michigan's Economy Through Educational Improvements, Timothy J. Bartik

Testimonies

No abstract provided.

A Tribute To Fred Meijer On His 90th Birthday From His Improvement Association Colleagues, Delivered In December 2009, Arend D. Lubbers

Presidential Speeches

A Tribute to Fred Meijer on His 90th Birthday From His Improvement Association Colleagues, delivered in December 2009 by Arend D. Lubbers, who served as President of Grand Valley from 1969-2001.

What Should Michigan Be Doing To Promote Long-Run Economic Development?, Timothy J. Bartik

Upjohn Institute Working Papers

This paper argues that Michigan can take cost-effective actions to significantly improve the primary state economic development goal: higher per capita income of Michigan's residents. Higher per capita income of Michigan's residents can be achieved through state policy actions that use cost-effective means to either lower the marginal costs of businesses that expand in the state, or boost the skills of state residents. In this paper, I offer eight ideas for how to lower marginal business costs and boost skills. Four of these ideas focus on lowering marginal business costs. Four other ideas focus on boosting skills. For each of …

An Alternative Pathway To A High School Diploma Is Needed, Kevin Hollenbeck, Timothy J. Bartik

Testimonies

No abstract provided.

Spatial Ecology Of Raccoons Related To Cattle And Bovine Tuberculosis In Northeastern Michigan, Todd C. Atwood, Thomas J. Deliberto, Holly J. Smith, Justin S. Stevenson, Kurt C. Vercauteren

United States Department of Agriculture Wildlife Services: Staff Publications

In 1995, Mycobacterium bovis, the causative bacterium of bovine tuberculosis (bTB), was detected in 5 beef cattle operations in Alcona County, Michigan, USA. In accordance with Federal law, the operations were depopulated to prevent the spread of bTB. Subsequent wildlife surveillance programs identified high prevalence of M. bovis in mesocarnivores, including raccoons (Procyon lotor), which suggested that raccoons may be complicit in vectoring the pathogen among livestock operations. Our goal was to develop an empirical basis for generating hypotheses about the likelihood for raccoons to mediate the transmission of bTB to livestock. We found intersexual differences in scale-dependent …

Estimating A Performance Standards Adjustment Model For Workforce Programs That Provides Timely Feedback And Uses Data From Only One State, Timothy J. Bartik, Randall W. Eberts, Kenneth J. Kline

Upjohn Institute Working Papers

The purpose of this paper is to describe a methodology for adjusting performance standards for workforce programs offered by local workforce areas (LWAs). By performance standards adjustment, we mean a model that uses a statistical approach to attempt to better measure the relative performance of different local workforce areas in providing workforce system customers with "value added" in terms of the system's desired outcomes. Our paper's approach has four distinguishing features. First, the performance standards are based on the common measures proposed by the U.S. Department of Labor, which include short- and longer-term employment outcomes. Second, the model is estimated …

When And How To Defer To The Fda: Learning From Michigan's Regulatory Compliance Defense, Jason C. Miller

Michigan Telecommunications & Technology Law Review

Michigan's regulatory compliance defense properly recognizes that an FDA-approved drug carrying an FDA-approved label should not be considered defective. However, the statute's absolute immunity provides no compensation for injured parties in any circumstance, including situations where the FDA process has failed. Nevertheless, it is possible to treat the FDA's approval as significant without eliminating the possibility of all state actions against drug makers by providing a litigation back-up through state attorneys general ("AGs"). This Note examines the question of FDA approval in state tort actions in Part I, discusses Michigan's answer to that question in Part II, and offers a …

The Legal Framework For States As Employers-Of-Choice In Workplace Flexibility: A Case Study Of Arizona And Michigan, Marcy L. Karin, Gregory Fetterman, Meghan T. Mccauley, Mackenzie Deal

Journal Articles

The Legal Framework for States as Employers-of-Choice in Workplace Flexibility: A Case Study of Arizona and Michigan examines the legal frameworks Arizona and Michigan utilize for flexible work arrangements, time off, and career flexibility in their state workforce. Specifically, it provides an overview of the statutes, regulations, executive actions, and collective bargaining agreements that authorize workplace flexibility in the state workforce. After laying out this framework for both states, this paper makes several key observations: • Flexibility provides multiple benefits to states as employers, to state employees, and to the community at large. The business case for workplace flexibility is …

The Michigan Supreme Court, Stare Decisis, And Overruling The Overrulings, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

How Does Michigan Fare In The Fight To Improve Outcomes For Youth Aging Out Of Foster Care? A Response From The State And One Of Its Communities, Angelique Day, Deboraha Watson

Social Work Faculty Publications

According to the U.S. Department of Health and Human Services, one-half-million children are in foster care at any given time, some of whom are over the age of 16. Every year, typically at the age of 18, approximately 20,000 of these children will age out of the foster care system. Many of these youths fi nd themselves making an abrupt transition to adulthood and independence with little or no assistance from their caregivers, biological families, or the child welfare system. Unlike their same-age peers in the general population, they have no safety net if they fail to succeed at navigating …

Noontime Dumping: Why States Have Broad Discretion To Regulate Onboard Treatments Of Ballast Water, Kyle H. Landis-Marinello

Michigan Law Review

Ballast water discharges from shipping vessels are responsible for spreading numerous forms of aquatic invasive species, a form of biological pollution that leads to billions of dollars in annual costs. In the wake of inaction from the federal government and inaction from the shipping industry, several Great Lakes states are currently considering legislation to address the problem. Michigan has already passed a law to prevent ballast water introductions of invasive species. As states begin to regulate ballast water discharges from oceangoing vessels, such laws will likely face challenges based on the constitutional principles of the Dormant Commerce Clause and the …

Emerging Industries: Looking Beyond The Usual Suspects: A Report To Wired, George A. Erickcek, Brad R. Watts

Reports

No abstract provided.

Walking The Beach To The Core Of Sovereignty: The Historic Basis For The Public Trust Doctrine Applied In Glass V. Goeckel, Robert Haskell Abrams

University of Michigan Journal of Law Reform

In 2004, a split panel of the Michigan Court of Appeals announced its conclusion that Michigan littoral owners of property owned to the water's very edge and could exclude members of the public from walking on the beach. In that instant almost 3300 miles of the Great Lakes foreshore became, in theory and in law, closed to public use. The case became the leading flash point of controversy between the vast public and ardent private property rights groups. A little more than one year later, the Michigan Supreme Court reversed that ruling as errant on public trust grounds and returned …

Muskegon River Transition / Implementation Final Report, Muskegon River Watershed Assembly At Ferris State University, Annis Water Resources Institute

Watershed Management Plans and Reports

The Muskegon River Watershed Assembly (MRWA) in partnership with the Annis Water Resources Institute of Grand Valley State University (AWRI) was awarded funds for the Muskegon River Transition/Implementation 1 project (# 2003-0032). The grant period began on September 27, 2004 and was extended nine months until June 30th, 2007. The goals of this project were to update the Muskegon River Watershed Management Plan to meet the EPA’s newest requirements and reduce the negative impact that thermal pollution, excessive nutrients, and sediment have on the cold and warm water fisheries, as well as for other indigenous aquatic organisms of the Muskegon …

The Microbial Community Structure In Petroleum-Contaminated Sediments Corresponds To Geophysical Signatures, Jonathan P. Allen, Estella A. Atekwana, Eliot A. Atekwana, Joseph W. Duris, D. Dale Werkema, Silvia Rossbach

Geosciences and Geological and Petroleum Engineering Faculty Research & Creative Works

The interdependence between geoelectrical signatures at underground petroleum plumes and the structures of subsurface microbial communities was investigated. For sediments contaminated with light non-aqueous-phase liquids, anomalous high conductivity values have been observed. Vertical changes in the geoelectrical properties of the sediments were concomitant with significant changes in the microbial community structures as determined by the construction and evaluation of 16S rRNA gene libraries. DNA sequencing of clones from four 16S rRNA gene libraries from different depths of a contaminated field site and two libraries from an uncontaminated background site revealed spatial heterogeneity in the microbial community structures. Correspondence analysis showed …