The Mackinac Center’s brief urges the Michigan Supreme Court to hold that the judiciary need not defer to administrative agencies’ interpretations of ambiguous statutes. Alternatively, because Michigan courts (unlike federal courts) have not determined that agency rules created through formal adjudication are equivalent to rules created through notice-and-comment rulemaking, the Court could hold simply that there is no judicial deference to rules created through adjudication, leaving aside the question of deference to notice-and-comment rules.
The Michigan Supreme Court decided the case in July 2008. The justices held that the rulings of state agencies should not receive deference from the courts and that the Michigan judiciary hence plays an integral role in reviewing the legality of agency actions. The ruling places a direct check on the power of state agencies to interpret and to act upon laws passed by the Michigan Legislature.
The decision is a landmark in Michigan jurisprudence, particularly since it diverges from federal jurisprudence, which grants almost unlimited power to federal agencies in implementing laws passed by Congress. The court's ruling was substantially in agreement with the arguments presented in this brief. … more
Readers may view a supplemental video of Russ Harding interviewing Alan Taylor of Hart Enterprises. … more
Replacing Michigan’s New Taxes With Budget Reductions: Curing $1.358 Billion in Overspending With 55 Specific Recommendations
Internationally Renowned Superintendent Angus McBeath Chronicles His District’s Successes and Failures
NOT AVAILABLE IN PRINT … more
This book is designed to assist school board members in understanding the basic principles and laws of collective bargaining, including some of the major substantive and procedural challenges facing Michigan school boards. In addition, the text is full of quotations from school board members and other education professionals concerning their experiences with collective bargaining and school employee unions. The combination of informational content and personal reflections provides new insights to school board members — and to policymakers, journalists and the general public, as well. … more