Law Commons^™

The Defender General, Daniel Epps, William Ortman

Law Faculty Research Publications

No abstract provided.

For Your Entertainment: Researching Animal Cruelty Under The Big Top, Virginia C. Thomas

Library Scholarly Publications

No abstract provided.

What Is A Pond? Michigan Court Of Appeals Interprets “Waters Of The State” Under Michigan Law, Nick Schroeck, Justin Serk

Law Faculty Research Publications

No abstract provided.

State Constitutional Études: Variations On The Theme Of A Contemporary State Constitutional Problem, Justin R. Long

Law Faculty Research Publications

No abstract provided.

Hydraulic Fracturing And Water Management In The Great Lakes, Nicholas Schroeck, Stephanie Karisny

Law Faculty Research Publications

No abstract provided.

Evading Emergency: Strengthening Emergency Response Through Integrated Pluralistic Governance, Lance A. Gable

Law Faculty Research Publications

This Article examines the significant governance challenges that arise during responses to public health emergencies and proposes a new multifaceted strategy-integrated pluralistic governance-to address these challenges. Emergency preparedness is an inherently complex problem that entails the integration ofscientific and medical expertise, good logistical planning, and clear laws and policies. The governance function has particular import for public health emergencies because pandemics, hurricanes, and other disasters can have profoundly divisive social and political consequences. Moreover, recent disasters like Hurricane Katrina and the BP Deepwater Horizon oil spill revealed an emergency preparedness and response infrastructure in the United States that was broken: …

State Constitutions As Interactive Expressions Of Fundamental Values, Justin R. Long

Law Faculty Research Publications

No abstract provided.

Asian Carp, Chicago Canal Litigation, And The Great Lakes And Mississippi River Inter‐Basin Study, Katherine Storch, Nick Schroeck

Law Faculty Research Publications

Over the past century the Mississippi River and Great Lakes basins have been devastated economically and ecologically by the establishment of aquatic invasive species. In the Mississippi River basin, the most extensive damage has been attributed to the presence of large populations of Asian carp. These invasive species have developed large, self‐sustaining populations because of their ability to outcompete native fish for food and habitat, which in turn impacts the balance of the ecosystem. The term “Asian carp” collectively refers to multiple species, but for our purposes Big Head and Silver carps are of the greatest immediate concern because they …

Offshore Wind Energy Development In Michigan’S Great Lakes: Current Law And Proposed Legislation, Katherine Brady-Medley, Nick Schroeck

Law Faculty Research Publications

Michigan has over 38,000 square miles of state owned Great Lakes bottomlands. However, due to current limits with wind turbine technology, wind farms are restricted to areas on the Great Lakes where the water is less than 30 meters deep. For wind energy to be practicable, wind farms must be close to existing transmission facilities, so that energy generated from the turbines can be distributed to consumers. Construction of a wind energy facility requires heavy machinery and a wind farm site needs a transmission station nearby and underground lines for transmission of power.

For terrestrial wind farms, a developer typically …

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, …

Against Certification, Justin R. Long

Law Faculty Research Publications

Certification is the process whereby federal courts, confronted by an open question of state law in federal litigation, ask the relevant state high court to decide the state law question. If the state high court chooses to answer, its statement of state law stands as the definitive declaration of the law on the disputed point. The case then returns to the certifying federal court, which resolves any remaining issues, including federal questions, and then issues a mandate. Although a wide range of academic commentators and jurists support certification as an example of respect for state autonomy, this Article shows that …

Demosprudence, Interactive Federalism, And Twenty Years Of Sheff V. O'Neill, Justin R. Long

Law Faculty Research Publications

Professor Lani Guinier and others have recently developed a theory called "demosprudence" that explains the democracy-enhancing potential of certain types of US. Supreme Court dissents. Separately, state constitutionalists have described state constitutions' capacity to offer a base of resistance against the U.S. Supreme Court's narrow conception of individual rights. Applying these two seemingly unrelated theories to school desegregation litigation in Connecticut and to same-sex marriage litigation in Iowa, this Essay suggests that certain state constitutional decisions might function like U.S. Supreme Court dissents to enhance democratic activism. In this way, interactive federalism might usefully serve as a category of demosprudence.

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

Law Faculty Research Publications

No abstract provided.

Voter Fraud Or Voter Defrauded? Highlighting An Inconsistent Consideration Of Election Fraud, Jocelyn Friedrichs Benson

Law Faculty Research Publications

This Article seeks to highlight the collateral effect of several inconsistent recent federal court decisions that consider a state's interest in addressing the impact of fraud on the electoral process. In an effort to evaluate the impact of varying types of election-related fraud on the political process, I propose that courts view the concept with a focus on (1) the entity that commits the deceptive acts and (2) the effect those acts have on the democratic process. Evaluating recent opinions through this lens illustrates that federal courts are more likely to exhibit deference to a state's interest in limiting avenues …

Are State Constitutions Un-American?, Justin R. Long

Law Faculty Research Publications

No abstract provided.

Political Externalities, Federalism, And A Proposal For An Interstate Environmental Impact Assessment Policy, Noah D. Hall

Law Faculty Research Publications

Interstate environmental harms, which occur when decisions or actions in one state produce negative environmental impacts in another state, have challenged environmental law and American federalism for over a century. While even the strongest advocates of state primacy in environmental policy concede that interstate environmental harms necessitate federal governance, federal adjudication and regulation have had only modest success in addressing the problem. This is due, in part, to a failure to fully understand the causes of interstate environmental harms. This article provides a newframeworkfor understanding interstate environmental harms as political externalities caused by a combination of inadequate information, public process …

The Protection Of Religious Freedom Under The American Constitution, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Massachusetts Universal Health Insurance Takes Bold New Step, Susan E. Cancelosi

Law Faculty Research Publications

No abstract provided.

States Sue Federal Government Over Medicare Clawback Payments, Susan E. Cancelosi

Law Faculty Research Publications

No abstract provided.

Intermittent State Constitutionalism, Justin R. Long

Law Faculty Research Publications

No abstract provided.

Gao Stresses Need For Federal Oversight Of State Use Of Contingency-Fee Consultants In Medicaid Financing, Susan E. Cancelosi

Law Faculty Research Publications

No abstract provided.

Enforcing Affirmative State Constitutional Obligations And Sheff V. O'Neill, Justin R. Long

Law Faculty Research Publications

No abstract provided.

Symposium: States' Rights V. International Trade: The Massachusetts Burma Law, Patrick C. Reed, Sydney M. Cone Iii, Thomas A. Barnico, Joel P. Trachtman, Peter J. Spiro, Paul R. Dubinsky

Law Faculty Research Publications

No abstract provided.

Romer V. Evans And The Constitutionality Of Higher Lawmaking, Anthony M. Dillof

Law Faculty Research Publications

No abstract provided.

Constitutional Challenges To Bans On "Assisted Suicide": The View From Without And Within, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

The Profound Impact Of Milliken V. Bradley, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Torts (Annual Survey Of Michigan Law, June 1, 1984 - May 31, 1985), Lawrence C. Mann

Law Faculty Research Publications

Areas of particular significance during the Survey period include products liability and governmental immunity. In the area of products liability, the Michigan Supreme Court declined to determine whether a manufacturer of birth control pills has a duty to warn the ultimate user, stating that this determination is best left to the legislature. The court's reluctance to rule in the area of products liability for drugs sharply contrasted with its willingness to abolish implied warranty as a theory of liability for design defects. In the area of governmental immunity, the supreme court restructured the governmental immunity doctrine to shield state and …

The Negative Commerce Clause As A Restriction On State Regulation And Taxation: An Analysis In Terms Of Constitutional Structure, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

The State Constitutions And The Supplemental Protection Of Individual Rights, Robert Allen Sedler

Law Faculty Research Publications

The level of protection of individual rights afforded by state constitutions has been the subject of much academic and judicial debate. In this article, Professor Sedler compares the state constitution to the federal Constitution and suggests that the function of the state constitution is to supplement federal protection. He concludes that state constitutions have the potential to fill the gap in the protection of individual rights.

Contracts (1983 Annual Survey Of Michigan Law), Janete Findlater, Paula L. Ettelbrick

Law Faculty Research Publications

During the Survey period, the Michigan Supreme Court decided cases involving mutual mistake, the enforceability of a contractual limitation period, and termination of a licensing agreement. The court of appeals considered implied in fact contract theories, interpretation, the parol evidence rule, and claims for exemplary and mental distress damages for breach of contract. In addition, the court of appeals revisited rejection and acceptance under the Uniform Commercial Code, and decided several cases involving medical malpractice arbitration agreements.