Studies

S2014-06

Overcriminalizing the Wolverine State: A Primer and Possible Reforms for Michigan

(Editor’s note: This paper was co-authored with James R. Copland and Isaac Gorodetski and jointly published with the Manhattan Institute for Policy Research).
At present, Michigan’s vast, disorganized criminal law inherently places the Wolverine State’s residents at risk of unintentionally violating a growing array of regulatory crimes that are difficult to discover and understand. The complexity of administrating such a criminal code threatens to divert scarce resources away from the enforcement of serious violent and property crimes. This study analyzes the size and scope of Michigan’s criminal law and makes policy recommendations aimed at curbing this “overcriminalization.” … more
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Hart Enterprises: A Wetland Case Study

This study analyzes a dispute between Hart Enterprises Inc., a medical device manufacturer located north of Grand Rapids, and the Michigan Department of Environmental Quality. The department alleges that Hart Enterprises’ property contains a nearly one-acre wetland — an area that lies in the way of the company’s proposed expansion of its parking lot. Because of the DEQ’s ruling, the department expects the company to request a wetland permit — request that might be denied, or that might be granted only with significant conditions attached.

Readers may view a supplemental video of Russ Harding interviewing Alan Taylor of Hart Enterprises… more
Proposal 4

Proposal 4: A Legal Review and Analysis

Proposal 4 of 2006, which will appear on the November ballot, is a proposed state constitutional amendment that would alter state law regarding eminent domain, the legal theory that permits the government to take private property for public use if the government pays just compensation. … more
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Mackinac Center Amicus Curiae Brief in DPG York v. Michigan

A Mackinac Center “friend of the court” filing to the Michigan Court of Appeals in a case involving the preferential sale of state land. … more
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Mackinac Center Amicus Curiae Brief in Rapanos v. United States and Carabell v. United States Army Corps of Engineers

A Mackinac Center “friend of the court” filing to the U.S. Supreme Court in two cases involving federal wetlands regulation of Michigan properties. … more
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Keeping Michigan on Track:

A Blueprint for a Freer, More Prosperous State

New legislative opportunities will come with the fall elections for the Michigan House, Senate, and governorship. Read the Mackinac Center's policy recommendations for the next Legislature and governor below. … more

Keeping Michigan on Track

A Blueprint for Governor Engler and the 90th Legislature

  The close of the twentieth century finds Michigan in a position that seemed impossible barely a decade ago: record low unemployment, a thriving economy, growing educational opportunities, and a sense of accomplishment and high spirits. But much can be done to make Michigan an even better place to live and work.
  This report's five sections offer the Governor and the Legislature 41 specific recommendations that will strengthen property rights protection, reform labor law to protect worker rights, improve education for Michigan children, spur economic growth and development, and enhance the state's transportation infrastructure. … more

"Urban Sprawl" and the Michigan Landscape: A Market-Oriented Approach

Government officials and environmental activists use "stopping urban sprawl" as a mantra to support greater government control over private land use decisions in Michigan through central planning aimed at farmland preservation and urban revitalization. This study critically examines suburbanization and land use in Michigan to determine that the state's economy and farmland and citizens' quality of life are not threatened by economic growth and development, or what activists have dubbed "sprawl." The study argues that restrictions on suburban growth do not address the causes of why people move out of inner cities any more than the Berlin Wall addressed the problems of East Germany's repressive socialist economy. The study concludes by recommending a market-based approach to land use policy and identifying "urban sprawl" as the natural evolution of free people pursuing peaceful ends and their shot at the American Dream. … more
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Reforming Property Forfeiture Laws to Protect Citizens’ Rights

The Framers of the United States Constitution understood that freedom depends upon the vigorous protection of private property rights and that this protection was therefore the most sacred obligation of government. However, despite Fifth and Fourteenth Amendment guarantees, recent years have witnessed a massive expansion of a legal practice known as "asset forfeiture," which allows government to violate the very property rights it is charged with protecting. Hundreds of asset forfeiture laws-many of them intended to stop illegal drug trafficking-give state and federal law enforcement agents the power to seize property even without proof of the owners' guilt in a criminal trial because, in many cases, the government considers the property itself to be the criminal. This study recommends nine reforms that will help guarantee that Michigan citizens enjoy the benefits of private property rights, limited government, and individual liberty, and remain protected from unjustified and arbitrary seizure of their personal possessions. … more

Reforming the Law of Takings in Michigan

If the state of Michigan takes from a land owner some, but not all, of the use or value of his land, the owner is not entitled to any compensation. This forces a few land owners to bear the entire cost of these takings that are intended to benefit the public as a whole. Many states have initiated reforms that would permit land owners to be more fairly compensated. This study outlines the practice of takings jurisprudence in Michigan, reviews the legislative responses in Michigan and other states, and makes specific recommendations for reform in Michigan. 40 pages. … more

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