The Michigan Department of Community Health stores almost 4 million dried blood spot specimens in the Michigan Neonatal Biobank. DBS are collected from newborns under a mandatory public health program to screen for serious conditions. At 24 to 36 hours of age, a few drops of blood are taken from the baby’s heel and placed on a filter paper card. The card is sent to the state public health laboratory for testing. After testing, MDCH retains the spots indefinitely (...) for the personal use of the patient and also, pursuant to a 2000 law, for possible research. (shrink)

The Michigan Department of Community Health stores almost 4 million dried blood spot specimens in the Michigan Neonatal Biobank. DBS are collected from newborns under a mandatory public health program to screen for serious conditions. At 24 to 36 hours of age, a few drops of blood are taken from the baby’s heel and placed on a filter paper card. The card is sent to the state public health laboratory for testing. After testing, MDCH retains the spots indefinitely (...) for the personal use of the patient and also, pursuant to a 2000 law, for possible research. (shrink)

In this paper, I have analyzed the right to trial by jury in civil cases as reflected in decisions of the Michigan Supreme Court over approximately a 20 year period dealing with three areas affecting the right to trial by jury in civil cases: (1) entitlement to a jury trial; (2) summary disposition; and (3) directed verdicts. The study was constructed to cover cases over a substantial period of time, so that it would be possible to analyze whether the (...) changing composition of the Michigan Supreme Court, beginning in the late 1990's, impacted on the Court's decisions in these three areas.The conclusion that emerges from the is that the Court, as currently constituted, has diminished the right to trial by jury in civil cases in Michigan. The Court is more inclined than it was prior to 1999 to hold in more cases that there is no genuine issue of material fact, justifying summary disposition, and has now heard cases in which it has held that the defendant is entitled to a directed verdict. And the fact that the Court is more inclined to uphold the granting of summary disposition and directed verdicts is likely to have a demonstrable impact on these kinds cases when they are presented to the Court of Appeals and the trial courts. These courts, following the precedents of the Supreme Court and the results of the cases coming before that Court, will be more likely to rule in favor of granting motions for summary disposition and motions for directed verdicts.Given the Court's view of the diminished role of the jury in resolving factual disputes in civil cases, litigating lawyers must make the best of a bad situation and do everything that they can in order to protect the right to trial by jury in civil cases. They must try to ensure in the early stages of the litigation that their cases are strong enough to survive a motion for summary disposition and get to the jury, and at the trial they must make a determined effort to present sufficient evidence to survive a directed verdict. Hopefully the Court's view of the diminished role of the jury will not have dealt a fatal blow to the right to trial by jury in civil cases in Michigan. Time will tell how well the lawyers of Michigan have succeeded in preserving this fundamental constitutional right. (shrink)

In Planned Parenthood Affiliates of Michigan v. Engler ), the United States Court of Appeals for the Second Circuit held that § 400.109 of the Social Welfare Act of Michigan ) impermissibly conflicts with the Medicaid Act ) as modified by the 1994 Hyde Amendment ), insofar as the § 400.109 only provides state funding for abortions necessary to save the life of a mother, and not for abortions resulting from rape or incest. The court held that the (...) Hyde Amendment defines medically necessary abortions that must be funded by states participating in the federal Medicaid program, and that the amendment is not merely a federal appropriations bill. (shrink)

In Campbell Soup Co. v. Allstate Insurance Co. ), the United States District Court for the Western District of Michigan, Southern Division, held that a health plan's coordination of benefits clause, covered under the Employee Retirement Income Security Act, does not preempt a similar no-fault automobile insurance clause in the absence of irreconcilable conflict. The court found that ERISA's policy of shielding plans from unanticipated claims could only be furthered when the plan had expressly disavowed such claims. Because the (...) ERISA plan in this case did not specifically subordinate itself to the no-fault policy, the district court found that the no-fault COB clause controlled. However, to escape this ruling, ERISA plans need only redraft their COB clauses specifically to disclaim liability in case of conflict with provisions of no-fault insurance policies. This caveat substantially limits the scope of the court's ruling. (shrink)

During the excavations of 1924–5 at Karanis a papyrus of the second or early third century A.D. was discovered, and subsequently published by J. G. Winter , which under its single column has a subscribed title which should almost certainly be restored as ‘Alcidamas, On Homer’. The first fourteen lines of the papyrus give most of the story of Homer's death and the riddle that caused it, which is common to all the extant Lives of Homer; the remainder is a (...) general eulogy of Homer and a profession of transmitting his works to posterity. The interest of the discovery lies in the knowledge that it gives of a hitherto unrecorded work by Alcidamas, the rhetorician and contemporary of Isocrates, and the new fuel that it provides for an old controversy about the origins of the work known as the Certamen. The first part of this article aims at both re-examining the value of the papyrus and reopening some of the old questions on the Certamen. (shrink)

During the excavations of 1924–5 at Karanis a papyrus of the second or early third century A.D. was discovered, and subsequently published by J. G. Winter, which under its single column has a subscribed title which should almost certainly be restored as ‘Alcidamas, On Homer’. The first fourteen lines of the papyrus give most of the story of Homer's death and the riddle that caused it, which is common to all the extant Lives of Homer; the remainder is a general (...) eulogy of Homer and a profession of transmitting his works to posterity. The interest of the discovery lies in the knowledge that it gives of a hitherto unrecorded work by Alcidamas, the rhetorician and contemporary of Isocrates, and the new fuel that it provides for an old controversy about the origins of the work known as the Certamen. The first part of this article aims at both re-examining the value of the papyrus and reopening some of the old questions on the Certamen. (shrink)

Photographer Keithan captures on film the rural landscape's aging and historic barns. But rather than a sad chronicle of America's rural decline, she presents a visual story of endurance and perseverance, of a way of life that continues to thrive. The b&w photographs from each of Michigan's 80 counties are enriched by her narrative, often including histories from the barn owners themselves.

In this paper, I endorse the decision of the Supreme Court of the U.S. in Bollinger v. Grutter (2003). I argue that the educational benefits of diversity are an important enough state interest to justify the use of racial preferences and that, especially due to the absence of race-neutral alternatives, this use of racial preferences is narrowly tailored to that state interest. However, I also indicate that I am willing to give up my support for diversity affirmative action in the (...) U.S. for a $25 billion a year education program to put in place a quality educational system K through 12 for every child in the country. Unfortunately, I have yet to find any critics of affirmative action who are also willing to support such a program. (shrink)

ABSTRACTPerhaps no American state has seen more legal activity on assisting suicide than Michigan, but despite legislation, a study Commission, several legal cases and a state Supreme Court ruling, the state seems much further from a humane resolution of the question than when the activities of Dr. Jack Kevorkian began in June of 1990. This note summarizes major legal events over a twelve‐month period , which included jury acquittal of Dr. Kevorkian, the inconclusive report of the Michigan Commission (...) on Death and Dying, the failure of the state legislature to enact legislation to replace the expired absolute but temporary prohibition, and the decision of the Michigan Supreme Court in Mich v. Kevorkian declaring assisting suicide a common law felony and ruling that in certain circumstances a person assisting suicide can be prosecuted for murder. The Commission's model decriminalization proposal and the bills subsequently introduced in the legislature , as well as the decision of the Supreme Court, are discussed. Certain puzzling features of the latter, especially with regard to the kind of causation that can turn helping another commit suicide into murder, are noted. (shrink)

At Michigan Tech, science, technology, and society (STS) was introduced as a means of attracting new students to the school, providing general education courses more attractive to engineering students, and furnishing a focus for an unfocused, multidisciplinary department of the Social Sciences. STS enjoyed very limited success in the first two areas; however, using STS as a focus for a hitherto unfocused department has been highly successful and has led to the creation in the department of two new and (...) successful STS-related graduate programs in industrial archaeology and environmental policy. (shrink)

Water. One cannot think of Michigan without the image of water. Water as vast as the Great Lakes, as serene as the inland lakes, and as long and lazy or sleek and fast as the numerous byways that run between and among them. Waters of Michigan is a tribute to this treasured resource of Michigan. Combining the vision of internationally renowned photographer David Lubbers with the stewardship focus of environmentalist Dave Dempsey, this collection presents a truly unique (...) view and understanding of the waters of Michigan. Foreword by Governor Willim G. Milliken. (shrink)

One of the widely accepted and quite influential conclusions of modern Anglo-American philosophy is that there is no sharp distinction between analytic truths and statements that are true only [by] virtue of the facts; what had been called analytic truths in earlier work, it is alleged, are simply expressions of deeply held belief. This conclusion seems quite erroneous. There is no fact about the world that I could discover that would convince me that you persuaded John to go to college (...) even though he never intended or decided to go to college; nor is there any fact of experience even relevant to the judgment that you failed to persuade him if he never intended or decided to go to college. The relation between persuade] and intend] or decide][1] is one of conceptual structure, independent of experience--though experience is necessary to determine which labels a particular language uses for the concepts that enter into such relations. The philosophical debate over these matters has been misleading because it has focused on very simple examples, examples involving words that lack the relational structure of such terms as chase and persuade. Thus there is much debate over whether the statement "cats are animals" is a truth of meaning or of fact (if we discovered that what we call cats are really robots controlled by Martians, would the sentence "Cats are animals" now be considered false, or would we conclude that what we have called cats are not really cats?). In such cases a decision is not easy to reach, but in others it seems quite straightforward. (shrink)

Michigan Harvest Gathering is a popular and nationally acclaimed antihunger campaign. It represents a state-sponsored partnership among public, private, and nonprofit institutions “to improve conditions for Michigan's citizens in need". This paper reviews the program, and in the process, critically examines its underlying assumptions about the nature of hunger and helping, about those who are hungry, and about the relationship of agriculture to the remediation of hunger throughout the state. It argues that, in keeping with Michigan's corporatist (...) orientation, the program valorizes the agrofood industry at the expense of sustained public welfare. An alternative approach based on the development of greater local food autonomy provides a programmatic contrast to the elaboration of a “helping” industry designed to deliver emergency food assistance. (shrink)

This paper offers observations on people’s lived experience of the food system in Michigan during the early Covid-19 pandemic as an initial critical foray into the everyday pandemic food world. The Covid-19 crisis illuminates a myriad of adaptive food behaviors, as people struggle to address their destabilized lives, including the casual acknowledgement of the pandemic, then anxiety of the unknown, the subsequent new dependency, and the possible emergence of a new normal. The pandemic makes the injustices inherent in the (...) food system apparent across communities, demonstrating that food injustice destabilizes all members of the food system, regardless of their social location. The challenges of eating in a pandemic also reinforce the importance of building a sustainable food system; the challenges of food sovereignty and food sustainability are inextricably linked, and the pandemic lays this bare. (shrink)

Abstract.Agricultural restructuring has disproportionately impacted smaller US farms, such as those in Michigan where the average farm size is 215 acres. To keep agricultural land in production, entrepreneurial Michigan farmers are utilizing agritourism as a value-added way to capitalize on their comparative advantages, their diverse agricultural products, and their locations near large, urban, tourist-generating areas. Using focus groups, this paper illustrates how entrepreneurial farmers have strengthened Michigan agritourism by fostering producer networks through brochures and web linkages, information (...) sharing in refining the agritourism product, referrals to other agritourism businesses that serve different markets or offer different products, purchase linkages, and a regional approach to establishing agritourism destinations and increase visitation. Successful entrepreneurial, agritourism developers thus work cooperatively, rather than individualistically and competitively. Agritourism destinations facing stiff competition from alternative venues for leisure time and food purchases benefit from supportive linkages that help sustain a critical mass of producers who offer diverse goods, maintain land in agriculture, and thus, reinforce Michigan’s image for agritourism. (shrink)

Michigan's approach to sustainability does not conflict with its efforts to reindustrialize state agriculture. As currently applied, agricultural sustainability remains a one-dimensional concept tightly focused on the condition of production resources and the larger physical environment. The social and political dimensions of sustainability, by contrast, are conspicuously absent. Using Michigan's ‘livestock initiative’ as a case in point, it is argued that this conceptualization conforms to and reinforces the reindustrialization of agriculture and the existing structure of power within the (...) industry. (shrink)

Since the turn of the lastcentury, Michigan farmers, elevators, and stategovernment have used production and processstandards to shape the dry bean industry totheir interests and set a worldwide standardfor quality dry beans. Over the last 20 years,however, multinational agro/food firms haveintroduced their market criteria into standardssetting, and recent changes in Michigan beanstandards largely accommodate the interests ofthese firms. A review of the changes in thesestandards over time allows us to explore howconcepts of accountability and control improveour understanding of (...) changes in the structureand operation of food production and marketing.What is the measure of state governmentaccountability to corporate capital and to thestate's bean farmers? In what ways can farmersuse standards to re-assert their priorities andgain a greater measure of influence overmarketing? What challenges do changing qualitystandards pose for public research as well asfor the institutions representing Michiganfarmers and elevators? (shrink)

Michigan is a critical agricultural state, and small family farms are a crucial component of the state’s food sector. This paper examines how the race/ethnicity of the family farm owners/operators is related to farm characteristics, financing, and impacts of the pandemic. It compares 75 farms owned/operated solely by Whites and 15 with People of Color owners/operators. The essay examines how farmers finance their farm operations and the challenges they face doing so. The article also explores how the Coronavirus-19 pandemic (...) affected farming operations, the financial viability of farms, and how farmers responded to the challenges posed by the pandemic. The study found that People of Color farm owners/operators were younger than White farm owners/operators. The People of Color farm owners/operators tended to manage smaller farms for shorter periods than White farm owners/operators. Though two-thirds of the Farmers of Color owned their farms, they were more financially vulnerable than White farm owners/operators. The farmers studied had difficulty obtaining loans to finance their farms. Farmers reported increasing requests from people for food assistance during the pandemic. Farmers responded to the pandemic by participating in government programs such as the Farm to Families Food Box Program that purchased their produce. It allowed farmers to supply emergency food assistance programs with products from their farms. The products went to families receiving food assistance from soup kitchens, food banks, and other community-based nonprofits. (shrink)

The inauguration of Michigan’s BioTrust for Health, a research biobank for leftover neonatal blood spots, posed several novel questions for the state’s Department of Community Health institutional review board. The IRB’s response to these questions affirmed that respect for persons requires consent from donors for tissue donation to a public health biorepository with a research mission. It also acknowledged that the existence of potential risks and benefits to groups as well as to individuals necessitated new institutional collaborations between the (...) IRB and the appointed community oversight board for the BioTrust to foster consideration of the impacts on all stakeholders. (shrink)

The transmission of a product or idea from one culture or point of origin to another and the maintenance of control outside the new locality has been referred to as the distribution and maintenance of “nothing.” This perspective has been used to describe the global marketplace and the influence of large multinational corporations on the politics and cultures of host countries. This paper uses this concept, but within a much smaller context. Using the sensitizing concept of a “disjoint constitution,” we (...) interviewed health inspectors and apple cider producers in Michigan to determine if the implementation of the Hazard Analysis and Critical Control Points (HACCP) program designed to ensure food safety was characterized by a power differential that would favor the inspectors. In addition, a larger survey of processors and an internet survey of apple cider consumers was conducted to supplement this data. It was found that HACCP had characteristics of both “nothing” and “something” and that better communication is needed between these groups to move it further along toward the something end of the continuum. (shrink)

Populations in many Midwest cities are declining. To maintain infrastructure with a shrinking tax base, city planners have sometimes proposed to right size such cities, sometimes shutting down or removing infrastructure. Such proposals have been met with fierce resistance among many residents, especially in communities with a history of top-down, racialized city planning. This raises the question: if population loss is a near certainty, is it possible to shrink justly? Much work on environmental injustice focuses on removing bad things from (...) an environment, but in shrinking cities, there is a high likelihood that good things will be removed. Is it at all possible to do this in a manner that promotes justice? In our view, the answer is perhaps. Academics and professional city planners ought not determine the fate of cities, but can develop detailed conceptions of a city’s future for residents to consider. To this end, we build on a theoretical framework—the notion of a “just city”– to sketch a few ideas about what a just shrinking city might look like, identifying both a wider array of hazards, and possible benefits, to reducing city services than is often noticed. (shrink)

To explore the limits of quantification as a form of rationalization, we examine a rare case of dequantification: race-based affirmative action in undergraduate admissions at the University of Michigan. Michigan adopted a policy of holistically reviewing undergraduate applications in 2003, after the US Supreme Court ruled unconstitutional its points-based admissions policy. Using archival and ethnographic data, we trace the adoption, evolution, and undoing of Michigan’s quantified system of admissions decision-making between 1964 and 2004. In a context in (...) which opponents of the system had legal avenues to engage a powerful outside authority, we argue that three internal features of the University’s quantified admissions policy contributed to its demise: its transparency, the instability of the categories it quantified, and the existence of qualitative alternatives. Our analysis challenges the presumed durability and inevitability of quantification by identifying its vulnerabilities and suggests that quantification should be understood as a matter of degree rather than a simple binary. (shrink)

In recent decades, urban agriculture has drawn practitioners seeking ways to increase both environmental sustainability and social equity in their cities. The practice has also drawn criticism for the ways it reproduces inequalities based on differences of class and race. In this paper, I argue contestations around urban agriculture are part of ongoing yet shifting processes of class formation intersecting with racial differentiation, in particular the emergence of green middle-class identity. Drawing on fourteen months of ethnographic fieldwork in a small (...) city in Michigan, USA, I examine urban agriculture as a historic spatial and aesthetic practice, drawing on examples of chicken-keeping, permaculture-style gardening, and concerns with neatness and blight. By positioning urban agriculture within historical narratives of landscape aesthetics and land use policy, I demonstrate how this practice becomes bound up in the ongoing production of class distinctions and inequalities. Throughout, I draw attention to how processes of class formation unfold in ways that diverge from, or are in excess of, local gardeners’ and agriculturalists’ intentions. In conclusion, I gesture to the ways the instability and dynamism of class formation via urban agriculture presents opportunities for addressing the reproduction of race- and class-based inequalities and for nurturing more equitable and sustainable forms of urban agriculture practice. (shrink)

A plethora of books and articles have appeared recently that announce the global triumph of corporate capitalism and its attendant ideologies. Nowhere are these articles more scathing in their critique of corporatization than in the field of education. However, few have taken a historical perspective in examining the institutional policies and practices that paved the way for private‐sector influence and the adoption of business and administrative sensibilities in higher education. This article examines the University of Michigan between 1945 and (...) the early 1960s as a case study of the kinds of physical and philosophical changes that occurred to usher in the process of corporatization at a major research university. I focus predominantly on one major research effort‐‐the Phoenix Memorial Project‐‐that set in motion many of the forces that would effectively reshape the school's philosophy and practices. The article begins with a discussion of the ideological and political tensions that characterized the course of U‐M scientific research after World War II, particularly the complex intermingling of university, government and corporate interests. Next, I document the Phoenix Project itself and the emphasis on institutional restructuring for capital investment that it inspired. Despite conflicting and contradictory ideas about links between education and both military and corporate research interests, U‐M's top administrators restructured the university to attract venture capital by constructing innovative mechanisms for integrating investors’ needs into the work of academic inquiry. Finally, I want to look at some of the cultural narratives that enabled this triumph of corporate interests to infuse itself into the U‐M's institutional and social mission. (shrink)

Though judges and lawyers encourage claimants to settle disputes out of courts, lawyers may struggle managing out-of-court dispute resolution processes. Some of the dispute management struggles are related to emotions of clients. One of the reasons why it may be difficult to manage a client’s emotions is because out-of-court disputes require a different communication skillset from lawyers. The following note features some advice for law students on how to incorporate compassionate communication methods in personal injury disputes. Personal injury disputes may (...) be emotionally challenging for clients. Such challenges may manifest in communication issues and prolonged suffering of clients. Yet, both students and academics may dismiss the importance of soft-skill development in due course of legal education. As lawyer-socialization institutions, law schools have a duty to foster skills that are necessary to successfully assist clients in emotionally challenging disputes. This contribution discusses the notion of human suffering and compassion-based counselling scholarship in relation to personal injury disputes. The paper advocates for normalizing emotions in personal injury disputes, and through testimonials of Michigan lawyers, presents real life examples of how lawyers can communicate compassionately with their clients. Law students can benefit from learning about real-life examples of communication patterns between lawyers and clients to have better conversations with their clients. (shrink)

Engineering is more cross-cultural and international than ever before, presenting challenges and opportunities in the way engineering ethics is conceived and delivered. To assist in providing more effective ethics education to increasingly diverse groups, this paper shares three related projects implemented at the University of Michigan-Shanghai Jiao Tong University Joint Institute (China). These projects are united in their attempts to address challenges arising from the increasingly global nature of engineering. The first is a course on global engineering ethics, developed (...) for and attended by engineering students from diverse backgrounds. The second is a website hosting contents on global engineering ethics education and conducting research related to cross-cultural moral psychology. The third explores methods of assessing engineering ethics and moral development, using paradigms of ethical decision-making. Although these projects were developed in a Chinese-US collaboration with university students, these contexts could facilitate the adoption of similar programs elsewhere, with practicing engineers. (shrink)

Commissioned by the Haggerty Museum of Art at Marquette University to create an artwork reflecting on the importance of freshwater, Milwaukee-based photographer Kevin J. Miyazaki embarked on a two-week, 1,800-mile drive around Lake Michigan. He traveled its perimeter, through Wisconsin, Illinois, Indiana, and Michigan, to produce what he calls “a contemporary portrait of Lake Michigan.” Miyazaki set up his portable studio on beaches, in parks, on boat docks, and in backyards, photographing those he met along the way. (...) From residents, environmental scientists, and artists to a Native American water rights advocate, surfers, and commercial fishermen, Lake Michigan holds a powerful place in the life of each. Many shared their thoughts with him on why this body of water is important to all. Miyazaki also photographed the water as he went, creating waterscapes of the ever-changing lake affected by weather and time. Perimeter gathers these images together, creating a diverse portrait of both people and a place, encapsulating Lake Michigan’s significance to those who are drawn to it. (shrink)

This paper examines the resilience of farmers markets in Michigan to the system shock of the global COVID-19 pandemic, questioning how the response fits into market goals of food sovereignty. Adapting to shifting public health recommendations and uncertainty, managers implemented new policies to create a safe shopping experience and expand food access. As consumers directed their shopping to farmers markets looking for safer outdoor shopping, local products, and foods in short supply at grocery stores, market sales skyrocketed with vendors (...) reporting selling more than ever before, but the longevity of this change remains unclear. Our data collected via semi-structured interviews with market managers and vendors, and survey data from customers from 2020 to 21, suggest that despite the widespread impact of COVID-19, there is not sufficient evidence consumers will continue to shop at farmers markets at the rates they did in 2020-21. Furthermore, reasons consumers flocked to farmers markets do not align with market priorities for increased food sovereignty, as increased sales alone are not a sufficient driver for this goal. We question how markets can contribute to broader sustainability goals or serve as alternatives to capitalist and industrial modes of agricultural production, problematizing the role of markets in the food sovereignty movement. (shrink)

Farmers markets in low-income, urban areas struggle to establish and sustain themselves. Accordingly, farmer recruitment and retention remain a challenge. This paper examines the perspectives of farmers who have been recruited to participate in farmers markets located in LIUA. Taking an ethnographic approach, we seek to understand why farmers join, stay, and/or leave newly-developed farmers market in LIUA. In-depth interviews revealed different motivations for joining new LIUA markets and that these motivations were closely tied to farmers’ reasons for farming. We (...) identified four categories of motivations: farming as a primary livelihood strategy; a new business opportunity; recreation; a social mission. Retention differed across these motivational categories. Farmers who joined LIUA farmers markets to support their livelihoods were the most likely to drop out of these markets. Farmers who used the farmers market to explore a new business opportunity were less likely to drop out and those who farmed for recreation or for a social mission were most loyal and did not drop out. The results indicate that understanding the motivations of farmers may be crucial to retaining farmers at LIUA farmers markets. They also indicate that farmers who are most suited to LIUA farmers markets may be currently overlooked by market managers who regularly target full-time livelihood vendors. These findings have implications for creating more stable farmers markets in LIUA. (shrink)