Digital Commons Network^™

The Unintended Consequence Of Tort Reform In Michigan: An Argument For Reinstating Retailer Product Liability, Ashley L. Thompson

University of Michigan Journal of Law Reform

Tort reform became an important issue during the 1994 Congressional Campaign as part of the Republican Party's "Contract with America. "Since then, many federal and state laws have attempted to reduce both liability and recovery in tort actions. In 1996, Michigan passed the Tort Reform Act, encompassing many drastic changes to state tort law. One provision of the Act, § 294 7, scaled back liability against non-manufacturing retailers in product liability actions. The Michigan Supreme Court interpreted the exceptions of the law narrowly and the prohibition broadly, essentially barring recovery from retailers. Since 1996, this provision has prevented victims injured …

Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Lawrence J. MacDonnell, attorney and consultant, Boulder, CO

27 slides

Growing As A College, Geoffrey D. Reynolds

Faculty Publications

Growing as a College is the second of a series of short articles concerning the history of Hope College, located in Holland, Michigan.

A Political Speech: Comments From A Citizen, Delivered At The Rotary Club Of Grand Rapids Luncheon On May 7, 2009, Arend D. Lubbers

Presidential Speeches

A Political Speech: Comments from a Citizen, delivered at the Rotary Club of Grand Rapids Luncheon on May 7, 2009 by Arend D. Lubbers, who served as President of Grand Valley from 1969-2001.

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 …

Beginning Of Hope, Geoffrey D. Reynolds

Faculty Publications

Beginning of Hope is the first of five short articles about the history of Hope College, located in Holland, Michigan.

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 …

Gvsu Press Releases, 2009, Grand Valley State University

University Press Releases, 1961-Present

A compilation of press releases for the year 2009 submitted by University Communications (formerly News & Information Services) to news agencies concerning the people, places, and events related to Grand Valley State University.

The Elder Economic Security Initiative™: The Elder Economic Security Standard™ Index For Michigan, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women

Gerontology Institute Publications

This report addresses income adequacy for Michigan’s older adults using the national WOW-GI National Elder Economic Security Standard Index (Elder Index) methodology. The Elder Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status, and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.

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

Law Faculty Research Publications

No abstract provided.

Permitting Under The Clean Air Act: How Current Standards Impose Obstacles To Achieving Environmental Justice, Annise Katherine Maguire

Michigan Journal of Race and Law

Most studies about the environmental justice movement focus on the disproportionate share of environmental burdens minority and low-income populations bear, the negative effects of an unequal distribution of undesirable land uses, and how industry contributes to the adverse impacts suffered by the communities. Unfortunately, trying to prove that an injury was caused by actions of a nearby facility is difficult, and this approach has yielded few legal victories for environmental justice communities. While it is important to remain focused on how environmental justice communities are disproportionately impacted by undesirable land uses, the analysis must shift if the law is to …

Senior Citizen Access To And Utilization Of The Farmers’ Market: A Holland Michigan Study, Jennifer M. Kadrovich

McNair Scholars Journal

This research examines whether or not senior citizens in the Holland, Michigan area have access to and use of the local farmers’ market. The intent is to determine any access issues the elderly population may have in the availability of fresh nutritious produce. It is assumed that many elderly people have poor health, are on a fixed income, have a lack of transportation, and suffer from decreased mobility and social isolation. Because of these limitations senior citizens may not be able to easily obtain fresh produce which may, in turn, impact the nutrition of this group.

Confronting Fiscal Stress In Municipal Governments: Support By Michigan Residents For Eight Common Strategies, Jered Carr

Working Group on Interlocal Services Cooperation

This report discusses findings from a survey of 660 randomly selected Michigan residents in winter 2007. The survey examined attitudes of Michigan residents toward eight strategies to resolving situations where current revenues are inadequate to support local services at past levels. The strategies examined fall into two broad categories. The first set (tax increases, state and federal aid) seeks to increase local revenues available to support services at previously existing levels and quality. The second set of strategies focus on reducing the costs of providing services with the objective of maintaining previous levels at a lower cost. This set includes …

Economic Development Benefits Of Preschool Expansion In Kalamazoo County, Timothy J. Bartik

Upjohn Institute Working Papers

This paper examines the effects of preschool expansion in Kalamazoo County on the county's economic development. Effects on the county's economic development are defined as effects on the employment and earnings of county residents. The estimated effects are found to be large relative to the costs. In addition to their relevance to Kalamazoo County, these simulations illustrate how the analysis presented in two previous papers (Bartik 2006, 2008) can be done for an individual county or metropolitan area. Such simulations may be of interest to other counties or metropolitan areas that are considering expansions in early childhood programs.

Labor Market Profile Of The Central Area Michigan Works Region, Brad R. Watts, George A. Erickcek

Reports

No abstract provided.

Remarks, Delivered At The Memorial Service For Arnold Ott On June 7, 2008, Arend D. Lubbers

Presidential Speeches

Remarks, delivered at the Memorial Service for Arnold Ott on June 7, 2008 by Arend D. Lubbers, who served as President of Grand Valley from 1969-2001.

Net Impact Evaluation Of Michigan's Jet (Jobs, Education, And Training) Program, Randall W. Eberts

Reports

The purpose of this study is to estimate the net impact of Michigan's JET (Jobs, Education, and Training) program. JET marks a change in the way the State of Michigan provides services to increase the economic opportunities of its low-income residents. In 2004, directors of the Department of Human Services (DHS) and the Department of Labor and Economic Growth (DLEG) created the Workforce Action Network (WAN), a group representing workforce development professionals, educators, advocacy organizations, human services agencies, and state and local government staff. The directors charged WAN with developing a set of comprehensive recommendations to strengthen the state's Work …

Toward Fiscal Sustainability In The New Economy: A Case Study Of Grand Rapids, Michigan, Louis Canfield

SPNA Review

Fiscal stress has confronted many American cities during the past six years, as global economic restructuring and reduced inter-governmental transfers undermined traditional revenue sources. Consequently, city governments have scrambled to implement fiscal policies that support core services within the constraints of available resources. The City of Grand Rapids, Michigan is examined as a case study of a Midwestern core city that is in the process of shifting from unsustainable to sustainable fiscal policies. Ultimately, the author concludes, the City should be able to achieve sustainability without relying upon outside resources (i.e., inter-governmental transfers, joint service provision, or large-scale privatization), although …

Protocol For Attorneys Representing Parents In Child Protective Proceedings, Frank E. Vandervort, Vivek S. Sankaran

Other Publications

This protocol is intended to guide attorneys through the strategic decisions they will need to make while representing parents in child protective cases. The protocol does not provide a comprehensive action-step checklist. Parents’ attorneys can find that kind of guidance in other resources, including the “How-To-Kit: Representing Parents in Child Protective Proceedings” by the Institute of Continuing Legal Education; “Guidelines for Achieving Permanency in Child Protection Proceedings” by Children’s Charter of the Courts of Michigan; and the American Bar Association’s “Standards of Practice for Attorneys Representing Parents in Abuse and Neglect Cases.”1 For its part, this protocol delves more substantively …

An Environmental Assessment Of Little Black Lake, Alan D. Steinman, Mary Ogdahl, Carl Ruetz

Scientific Technical Reports

A limnological survey was conducted of Little Black Lake and its tributaries during summer 2007 by researchers at the Annis Water Resources Institute of Grand Valley State University. Water quality, sediment composition, and phytoplankton, macrophyte, and fish abundance and composition were analyzed. In general, the water quality of both the inflows to, and Little Black Lake itself, was good. Nutrient concentrations occasionally exceeded existing guidelines, but no systemic problems were detected. Phosphorus concentrations did increase during stormflow conditions, but this is typical and concentrations were not considered excessive. One site in the lake had very high sediment phosphorus concentrations. Because …

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 …

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

Reports

No abstract provided.

Explaining Horizontal And Vertical Cooperation On Public Services In Michigan: The Role Of Local Fiscal Capacity, Jered B. Carr, Elisabeth R. Gerber, Eric W. Lupher

Working Group on Interlocal Services Cooperation

Michigan local governments engage in a wide range of cooperative activities. Little is known, however, about what factors motivate local governments to engage in intergovernmental cooperation and how local government officials choose among various forms of collaboration. We develop and test a theory of intergovernmental cooperation that explains differences in the factors that lead local governments to engage in horizontal cooperation with other local units versus vertical cooperation with county or state governments. Our primary focus is on fiscal capacity: we hypothesize that limited fiscal capacity leads many local governments, especially townships, to work collaboratively with state or county actors …

Sampling A Littoral Fish Assemblage: Comparison Of Small-Mesh Fyke Netting And Boat Electrofishing, Carl R. Ruetz Iii, Donald G. Uzarski, Damon M. Krueger, Edward S. Rutherford

Peer-reviewed scientific publications

We compared small-mesh (4-mm) fyke netting and boat electrofishing for sampling a littoral fish assemblage in Muskegon Lake, Michigan. We hypothesized that fyke netting selects for small-bodied fishes and electrofishing selects for large-bodied fishes. Three sites were sampled during May (2004 and 2005), July (2005 only), and September (2004 and 2005). We found that the species composition of captured fish differed considerably between fyke netting and electrofishing based on nonmetric multidimensional scaling (NMDS). Species strongly associated with fyke netting (based on NMDS and relative abundance) included the brook silverside Labidesthes sicculus, banded killifish Fundulus diaphanus, round goby Neogobius melanostomus, mimic …

Collaboration Addresses Information And Education Needs Of An Urban Public Health Workforce, Deborah H. Charbonneau, Ellen B. Marks, Annette M. Healy, Carrie F. Croatt-Moore

Library Scholarly Publications

Addressing the health information needs of diverse, multiethnic, and multilingual communities can be both a challenge and an opportunity for libraries. The Vera P. Shiffman Medical Library at Wayne State University in Detroit, Michigan, is the only academic medical library in the Detroit area open to the public. The library provides services to many communities in southeastern Michigan. The diverse geographic area served by the library includes the nation’s highest concentration of Arab Americans. A review of the literature reveals that limited research has addressed how libraries can meet the health information needs of this target community. An understanding of …

Fence-Line Contact Between Wild And Farmed White-Tailed Deer In Michigan: Potential For Disease Transmission, Kurt C. Vercauteren, Michael J. Lavelle, Nathan W. Seward, Justin W. Fischer, Gregory E. Phillips

United States Department of Agriculture Wildlife Services: Staff Publications

Interactions between wild and farmed white-tailed deer (Odocoileus virginianus) along perimeter fences may play a role in the transmission of diseases like bovine tuberculosis and chronic wasting disease. However, no study has evaluated direct contact between wild and farmed deer through fences. We used animal-activated cameras to estimate rates of interaction between wild and farmed deer at 6 high-fenced commercial white-tailed deer farms in Michigan, USA, during October 2003 to January 2005. We recorded only 2 direct, naso-oral contacts between wild and farmed deer during >77,000 hours of camera monitoring. We documented little direct contact between wild and …

Slides: Forest And Rangeland Planning, Nepa Analysis And Decisions, Glenn Casamassa

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Glenn Casamassa, Forest Supervisor, Arapahoe-Roosevelt National Forest

17 slides

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 …

Michigan Socioeconomic Conditions And Trends: West Michigan Compared To East Michigan, Brad R. Watts

Reports

No abstract provided.