10 Michigan opinions name it 2 courts 1986–2022 1 in the last five years
The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Roberts v. Mecosta County General Hospitalgreen1 sentence2011See id. at 707-708 . | 1 | 1 |
Sharp v. City of Lansinggreen2 sentences2005See Sharp v City of Lansing, 464 Mich 792, 802-803 ; 629 NW2d 873 (2001). 2005See Sharp v City of Lansing, 464 Mich 792, 802-803 ; 629 NW2d 873 (2001). | 1 | 1 |
Employment Div., Dept. of Human Resources of Ore. v. Smithred2 sentences1993DeJonge II, supra at 236; DeJonge III, supra. But, the record fails to support this assertion. 1993DeJonge II, supra at 236; DeJonge III, supra. But, the record fails to support this assertion. | 1 | 1 |
Kent v. United Statesgreen2 sentences1993In JTP , n 7 supra, p 1276, the Oklahoma Court of Criminal Appeals held: [W]e are compelled to conclude that there is no rational basis for a rule which would permit an illegally obtained confession to be introduced into evidence at a certification hearing when the same confession would be clearly excluded at a delinquency hearing or a criminal trial. 1993See also Christopher P, n 6 supra, 816 P2d 487 (stating that "[cjonsidering the consequences that evolve from transfer, the distinction between adjudicatory and transfer proceedings blurs in the context of the fifth amendment”). | 1 | 1 |
Department of Social Services v. Emmanuel Baptist Preschoolgreen2 sentences1993The requirement presents an "irreconcilable conflict between the mandates of law and religious duty...." Emmanuel Baptist Preschool, supra at 393 (CAVANAGH, J., concurring). *285 Moreover, this is not a case in which the DeJonges must forgo a government benefit or privilege in lieu of their religious beliefs, [37] because the state compels through criminal sanction both mandatory education and the certification requirement. 1993The requirement presents an "irreconcilable conflict between the mandates of law and religious duty . . . .” Emmanuel Baptist Preschool, supra at 393 (Cavanagh, J., concurring)._ Moreover, this is not a case in which the De-Jonges must forgo a government benefit or privilege in lieu of their religious beliefs, 37 because the state compels through criminal sanction both mandatory education and the certification requirement. | 1 | 1 |
Sheridan Road Baptist Church v. Department of Educationgreen1 sentence1993Nor must the parents have college or advanced academic degrees"). [56] The Michigan Department of Education permits nonpublic schools in Michigan to utilize uncertified teachers who possess a bachelor's degree as stipulated in Sheridan Rd Baptist Church v Dep't of Ed , unpublished opinion of the Ingham Circuit Court, decided May 3, 1988 (Docket No. 80-26205-AZ). [57] Detroit Schools Short 151 Teachers, The Detroit News, December 12, 1989 (public school administrators admitted that most of the open teaching positions were filled with noncertified teachers). [58] We acknowledge that in Fellowshi | 1 | 1 |
Wisconsin v. Yodergreen2 sentences1986My colleagues’ opinions ultimately rely upon that misapplication of the applicable standard of review, as did the Court of Appeals in reaching its decision in the present case. 50 Determining whether the state has established that enforcing the teacher certification statute, as applied to plaintiffs, is essential to the achievement of its "compelling” interest requires an inquiry concerning the nature of the state’s legitimate interests in compulsory education and the necessity of enforcing the certification requirement as applied to plaintiffs. "[0]nly those interests of the highest order and 1986The uncontested evidence in this case, however, reflects that plaintiffs "are . . . fulfilling the social and political responsibilities of citizenship,” legitimately imposed by the compulsory public education statute, without compelled compliance with the state’s certification requirement "at the price of [compromising] their free exercise of religious belief.” Yoder , 225. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Catherine Puetz Md v. Spectrum Health Hospitals
green
2 sentences2022The court ruled that [t]his latter element, however, cannot be established if the defendant’s conduct was “motivated by legitimate business reasons.” Puetz v Spectrum Health, 324 Mich App 51 [; 919 NW2d 439 ] (2018). 2022The court ruled that [t]his latter element, however, cannot be established if the defendant’s conduct was “motivated by legitimate business reasons.” Puetz v Spectrum Health, 324 Mich App 51 [; 919 NW2d 439 ] (2018). | 1 | 2022–2022 |
Apsey v. Memorial Hospital
green
2 sentences2007As the Court of Appeals correctly observed, the majority’s interpretation “basically makes the certification requirement in MCL 600.2102(4) worthless or nugatory.” Apsey v Mem Hosp (On Reconsideration), 266 Mich App 666 , 677 n 4; 702 NW2d 870 (2005). 2007As the Court of Appeals correctly observed, the majority’s interpretation “basically makes the certification requirement in MCL 600.2102(4) worthless or nugatory.” Apsey v Mem Hosp (On Reconsideration), 266 Mich App 666 , 677 n 4; 702 NW2d 870 (2005). | 1 | 2007–2007 |
People v. DeJonge
neutral
2 sentences1993Following remand, the Court of Appeals again *273 affirmed the defendants' convictions. 188 Mich App 447 ; 470 NW2d 433 (1991) (DeJonge III). 1993Following remand, the Court of Appeals again *273 affirmed the defendants' convictions. 188 Mich App 447 ; 470 NW2d 433 (1991) (DeJonge III). | 1 | 1993–1993 |
Lyng v. Northwest Indian Cemetery Protective Assn.
green
2 sentences1993A burden may be shown if the "affected individuals [would] be coerced by the Government's action into violating their religious beliefs [or whether] governmental action [would] penalize religious activity by denying any person an equal share of the rights, benefits, and privileges enjoyed by other citizens." Lyng v Northwest Indian Cemetery Protective Ass'n, 485 US 439, 449 ; 108 S Ct 1319 ; 99 L Ed 2d 534 (1988). 1993A burden may be shown if the "affected individuals [would] be coerced by the Government's action into violating their religious beliefs [or whether] governmental action [would] penalize religious activity by denying any person an equal share of the rights, benefits, and privileges enjoyed by other citizens." Lyng v Northwest Indian Cemetery Protective Ass'n, 485 US 439, 449 ; 108 S Ct 1319 ; 99 L Ed 2d 534 (1988). | 1 | 1993–1993 |
Bowen v. Roy
green
2 sentences1993In other words, as applied to the DeJonges, the certification requirement "inescapably compels conduct that [plaintiffs] find objectionable for religious reasons." Bowen v Roy, 476 US 693, 706 ; 106 S Ct 2147 ; 90 L Ed 2d 735 (1986). [38] Indeed, perhaps the most striking state *286 burden upon religious liberty imaginable, criminal prosecution, was imposed upon the DeJonges for following their interpretation of the word of God. [39] D Finally, the certification requirement is unconstitutional because it fails to meet the remaining two prongs of the compelling interest test, which presume that 1993In other words, as applied to the DeJonges, the certification requirement "inescapably compels conduct that [plaintiffs] find objectionable for religious reasons." Bowen v Roy, 476 US 693, 706 ; 106 S Ct 2147 ; 90 L Ed 2d 735 (1986). [38] Indeed, perhaps the most striking state *286 burden upon religious liberty imaginable, criminal prosecution, was imposed upon the DeJonges for following their interpretation of the word of God. [39] D Finally, the certification requirement is unconstitutional because it fails to meet the remaining two prongs of the compelling interest test, which presume that | 1 | 1993–1993 |
United States v. Lee
green
2 sentences1993United States v Lee, 455 US 252, 257-258 ; 102 S Ct 1051 ; 71 L Ed 2d 127 (1982). 1993United States v Lee, 455 US 252, 257-258 ; 102 S Ct 1051 ; 71 L Ed 2d 127 (1982). | 1 | 1993–1993 |
People v. Bennett
green
2 sentences1993And for us to allow the State to insert [sic] God's authority, for us to submit to that would be a sin." McHugh also testified that many of the courses required by the state "are based upon a false and pagan religion known as secularism or secular humanism." [5] The defendants in both the instant case and in People v Bennett (After Remand), 442 Mich 316 ; 501 NW2d 106 (1993), maintained that the certification requirement infringed their Fourteenth Amendment right to direct the education of their children. 1993And for us to allow the State to insert [sic] God's authority, for us to submit to that would be a sin." McHugh also testified that many of the courses required by the state "are based upon a false and pagan religion known as secularism or secular humanism." [5] The defendants in both the instant case and in People v Bennett (After Remand), 442 Mich 316 ; 501 NW2d 106 (1993), maintained that the certification requirement infringed their Fourteenth Amendment right to direct the education of their children. | 1 | 1993–1993 |
People v. DeJonge
green
2 sentences1993The interest the state pursues is the manner of education, not its goals. [ People v DeJonge (After Remand), 442 Mich 266, 290 ; 501 NW2d 127 (1993)]. 1993The interest the state pursues is the manner of education, not its goals. [ People v DeJonge (After Remand), 442 Mich 266, 290 ; 501 NW2d 127 (1993)]. | 1 | 1993–1993 |
People v. Ramos
green
2 sentences1992An analysis of SB 1208, which became 1980 PA 398 , reveals that the Legislature intended to eliminate the oath requirement and require instead certification by the applicant as a means of providing sufficient legal protection against false applications: The certification requirement would provide sufficient protection against falsification since an applicant who knowingly certified a false application would be guilty of perjury. [Senate Legislative Analysis, SB 1208, September 3, 1980.] Defendant relies on People v Ramos, 430 Mich 544 ; 424 NW2d 509 (1988), for his assertion that the signing o 1992An analysis of SB 1208, which became 1980 PA 398 , reveals that the Legislature intended to eliminate the oath requirement and require instead certification by the applicant as a means of providing sufficient legal protection against false applications: The certification requirement would provide sufficient protection against falsification since an applicant who knowingly certified a false application would be guilty of perjury. [Senate Legislative Analysis, SB 1208, September 3, 1980.] Defendant relies on People v Ramos, 430 Mich 544 ; 424 NW2d 509 (1988), for his assertion that the signing o | 1 | 1992–1992 |
Baker v. General Motors Corp.
green
2 sentences1989Thus, we find that the term "classroom teacher" as used in Article III Section 1, excludes any position which does not carry a specific certification requirement. [ Belanger v Warren Consolidated Schools, unpublished opinion of the Michigan Tenure Commission, decided April 2, 1985 (Docket Nos. 83-28-31, 83-41).] [9] Webster's Third New International Dictionary, Unabridged Edition (1981). [10] The circuit court decided that the Tenure Commission had inaccurately defined "classroom teacher," that is, that the term encompasses all persons whose primary duty involves the instruction or guidance of 1989Thus, we find that the term "classroom teacher" as used in Article III Section 1, excludes any position which does not carry a specific certification requirement. [ Belanger v Warren Consolidated Schools, unpublished opinion of the Michigan Tenure Commission, decided April 2, 1985 (Docket Nos. 83-28-31, 83-41).] [9] Webster's Third New International Dictionary, Unabridged Edition (1981). [10] The circuit court decided that the Tenure Commission had inaccurately defined "classroom teacher," that is, that the term encompasses all persons whose primary duty involves the instruction or guidance of | 1 | 1989–1989 |
White v. City of Ann Arbor
green
2 sentences1989The words are to be applied to the subject matter and to the general scope of the provision, and they are to be considered in light of the general purpose sought to be accomplished or the evil sought to be remedied by the constitution or statute." White v Ann Arbor, 406 Mich 554, 562 ; 281 NW2d 283 (1979). [17] The original tenure act, art 3, contained two sections, the second of which provided: In the event that a teacher on continuing tenure is employed by another controlling board, he shall not be subject to another probationary period of more than one year, and may at the option of the con 1989The words are to be applied to the subject matter and to the general scope of the provision, and they are to be considered in light of the general purpose sought to be accomplished or the evil sought to be remedied by the constitution or statute." White v Ann Arbor, 406 Mich 554, 562 ; 281 NW2d 283 (1979). [17] The original tenure act, art 3, contained two sections, the second of which provided: In the event that a teacher on continuing tenure is employed by another controlling board, he shall not be subject to another probationary period of more than one year, and may at the option of the con | 1 | 1989–1989 |
West Virginia State Board of Education v. Barnette
green
2 sentences1986West Virginia Bd of Ed v Barnette, 319 US 624, 639 ; 63 S Ct 1178 ; 87 L Ed 1628 (1943). 1986West Virginia Bd of Ed v Barnette, 319 US 624, 639 ; 63 S Ct 1178 ; 87 L Ed 1628 (1943). | 1 | 1986–1986 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.