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Mackinac Center Amicus Curiae Brief in In re Complaint of Rovas Against SBC Michigan

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.

A Teacher Quality Primer

For Michigan School Officials, State Policymakers, Media and Residents

While it is true that Michigan students learn a variety of skills in their time at school, perhaps the most important charge of public schools, beyond providing a safe and healthy environment, is to ensure that students are learning "the three R’s." Unfortunately, the achievement levels of Michigan public school students raise doubts about the quality of public education in the state. This volume has been written to assist local and state policymakers who want to initiate and support teacher quality reforms to improve Michigan's primary and secondary schools.

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.

Proposals to Further Regulate Michigan’s Electricity Market: An Assessment

More than a dozen bills are pending in the Michigan Legislature to expand regulation of the electricity industry and to impose new environmental requirements on energy production and sales. As a group, these legislative proposals assume the necessity of government intervention in the production and distribution of energy. This report details the drawbacks for consumers and the economy of substituting political forces for market forces in electricity service.

Mackinac Center Amicus Curiae Brief in Michigan Department of Transportation v. Tomkins

On November 16, 2007, the Mackinac Center for Public Policy filed a brief of amicus curiae with the Michigan Supreme Court in the case of Michigan Department of Transportation v Tomkins. The legal dispute involves the amount of compensation a property owner should receive from state government when the state uses eminent domain to take part of the owner’s property. Specifically, the Michigan Supreme Court asked whether a state law that limits the property owner’s compensation to so-called "special-effect" damages violates the common understanding of the "just compensation" guaranteed in eminent domain cases by the Michigan Constitution.

The Opportunities and Limitations of Biomonitoring

Remarkable advances in analytical chemistry now make it possible to measure minute levels of both natural and synthetic compounds in human tissue and body fluids. This “biomonitoring” allows researchers to determine more precisely than ever the degree to which individuals have been exposed to specific chemicals in the environment, and how exposures change over time. Consequently, federal and state officials increasingly regard biomonitoring as a potential new underpinning of environmental and public health regulations.

Choice Leadership

Popular literature is full of praises for “the common man,” but as these two essays by Ben Stafford illustrate, it’s usually the uncommon men and women who make big things happen. Virginia Walden Ford and Alberta C. Wilson are too modest and focused on others to tell you themselves, but Ben makes it clear that many inner-city children and parents have benefited from the uncommonness of these two women. They are courageous, forward-thinking, can-do citizens. They understand the value of a good education and a strong character, and they have been willing to stand up for those values at no small expense to themselves.

Replacing Michigan’s New Taxes With Budget Reductions: Curing $1.358 Billion in Overspending With 55 Specific Recommendations

The Mackinac Center for Public Policy has regularly recommended specific state spending reductions to balance the state’s budget and improve Michigan’s public policy. The following list shows how the state could reduce spending immediately to help balance the state budget if policymakers chose to forgo the projected $1.358 billion in fiscal 2008 revenue from the recent state income tax hike and the new sales tax on certain services.