Volume 87 Issue 1

Volume 87 Issue 1

— Fall 2009 —

Case Digests

Constitutional Law – Double?Jeopardy
Convictions and Punishments for Compound Offenses May Be Permissible Under the “Multiple Punishments” Protection If Statutory Elements Differ for a First-Degree Felony and Predicate Offense. ?People v. Ream, 750 N.W.2d 536 (Mich. 2008).?
by Jennifer Dukarski

Constitutional?Interpretation – Same-Sex Marriage
The Marriage Amendment to the State of Michigan Constitution Precludes Public Employers from Extending Health Insurance Benefits to Same-Sex Domestic Partners. ?National?Pride at Work, Inc. v. Governor of Michigan, 748 N.W. 2d 524 (Mich. 2008).?
by Renee Hindo

Criminal Law – Departure from?Sentencing Guidelines
A Trial Court Abuses Its Discretion in Departing from Sentencing Guidelines If the Sentences Are Not Proportionate to the Offense and the Offender. ?People v. Smith, 754 N.W.2d 284 (Mich. 2008).
by Lisa Koverko

Constitutional Law – Eminent Domain
The Exclusion of General Effects Damages Is Constitutional and Does Not Offend the Principles of Just Compensation from a Taking. ?Michigan Department of Transportation v. Tomkins, 749 N.W.2d 176 (Mich. 2008).?
by Chase Kubica

Taxation – Property Tax Exemptions for Charitable Purposes
In Michigan, a Charitable Institution Renting Property to Low-Income Individuals and Families for Charitable Purposes Does Not Qualify for a Property Tax Exemption. ?Liberty Hill?Housing Corporation v. City of Livonia, 746 N.W.2d 282 (Mich. 2008).?
by Joslyn R. Muller

Tort Law – Landlord’s Premises Duty
The Accumulation of Snow and Ice Does Not Necessarily Render a Common Area Unfit for Its Intended Purpose Despite the Danger the Snow May Present. ?Allison v. AEW Capital Management,? 751 N.W.2d 8 (Mich. 2008).?
by Chris Parton

Constitutional Law – Equal Protection
The Michigan Supreme Court Has Refused to Disturb Michigan’s Dower Statutes from Their Unique Status. ?In re Miltenberger, 753 N.W.2d 219 (Mich. 2008).?
by Krista Pfautz

Constitutional Law
The Ministerial Exception Exists in Michigan as a?Valid Defense in Employment Discrimination?Suits. Weishuhn v. Catholic Diocese of Lansing, 756 N.W.2d 483 (Mich. Ct. App. 2008).
by Sara Prose

Constitutional Law – Freedom of?Information Act
Information Is Exempt Under the Privacy Exemption Clause of the FOIA If the Information of a Personal Nature and Disclosure Would Constitute a Clearly Unwarranted Invasion into the Individual’s Private Life. ?Michigan Federation of?Teachers & School?Related Personnel,?AFT, AFL-CIO v. University of Michigan, 753 N.W.2d 28 (Mich. 2008).
by Melissa Seaman

Statutory?Interpretation – Standard of?Review
In Michigan,?Boyer-Campbell?Provides the Proper Standard of Review for an Administrative Agency’s Interpretation of a Statute. ?SBC Michigan v. Public Service Commission, 754 N.W.2d 259 (Mich. 2008). ?
by Melissa A. Stamkos